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Post by mdenney on Jan 4, 2008 20:44:35 GMT -5
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Post by mdenney on Jan 8, 2008 17:44:46 GMT -5
Notes by Erick G. Kaardal January 8, 2008 Dear all: Greetings. The Wolfchild Plaintiffs have filed a motion in the United States Court of Appeals for the Federal Circuit. The motion is entitled "Motion for Application of Judicial Estoppel and Alternative Motion to Strike." The motion is linked to this webpage in the right column under Federal Circuit Motions and Briefs. The United States will be responding to the motion and filing its appellant's brief. As soon as we receive these documents, we will link them to this webpage. Thank you for your patience. egk Minnesota Mdewakanton Dakota Oyate Litigation Wolfchild, et al. v. United States Dated Jan 2, 2008 ------------- Federal Circuit Motions and Briefs Motion For Application Of Judicial Estoppel And Alternative Motion To Strike Dated Jan 2, 2008 www.mklaw.com/documents/MotionDated1-2-08.pdf------ www.mklaw.com/mdewakanton.htm
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Post by mdenney on Jan 23, 2008 14:55:42 GMT -5
Notes by Erick G. Kaardal January 23, 2008 Dear all: Greetings. Yesterday, I received copies of two documents filed in the U.S. Court of Appeals for the Federal Circuit: (1) United States' Response in Opposition to Motion for Application of Judicial Estoppel and Alternative Motion to Strike; and (2) Motion of Defendant-Appellant United States to Suspend Briefing, etc. I have posted copies of these documents on this webpage in the right hand column under "Federal Circuit Motions and Brief." We are working on responses which we will post here when we file them. Best regards. egk www.mklaw.com/mdewakanton.htm--------------- United States' Response in Opposition to Motion for Application of Judicial Estoppel and Alternative Motion to Strike Dated January 16, 2008 www.mklaw.com/documents/JudicialEstoppelOpposition.pdf--------- Motion of Defendant-Appellant United States to Suspend Briefing, etc. Dated January 18, 2008 www.mklaw.com/documents/Suspend2.pdf
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Post by mdenney on Jan 29, 2008 17:28:06 GMT -5
Notes by Erick G. Kaardal January 29, 2008 Dear all: Greetings. Yesterday, we filed the following documents in the Federal Circuit: (1) Wolfchild Respondents' Reply Memorandum Regarding Their Judicial Estoppel Motion; and (2) Wolfchild Respondents' Response to United States' Motion for Delayed Briefing and Request for Expedited Scheduling. I have linked them to this webpage under "Federal Circuit Motions and Brief." If you want to be up-to-date on the appeal, I recommend you read these briefs and the related briefs -- also linked under "Federal Circuit Motions and Briefs." As soon as we get a Court decision on the various motions, we will post the information here. Best regards. egk www.mklaw.com/mdewakanton.htm-------- Federal Circuit Motions and Briefs Wolfchild Respondents' Reply Memorandum Regarding Their Judicial Estoppel Motion www.mklaw.com/documents/replybrief_000.pdf------------------- Wolfchild Respondents' Response to United States' Motion for Delayed Briefing and Request for Expedited Scheduling www.mklaw.com/documents/ResponseBrief.pdf
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Post by mdenney on Feb 5, 2008 20:06:31 GMT -5
Notes by Erick G. Kaardal February 5, 2008 Dear all: Greetings. Yesterday, we received the following document which we have linked under "Federal Circuit Motions and Brief": Reply of Defendant-Appellant United States in Support of Motion to Suspend Briefing Pending Resolution of Plaintiffs-Appellees' Motion for Application of Judicial Estoppel and Alternative Motion to Strike. All the memoranda regarding the judicial estoppel motion are now filed so await the Court's decision. As to the briefs on the merits of the certified questions nos. 1 and 2, the United States' brief is due on February 11, 2008. However, recall that the Federal Circuit in light of the pending motions may postpone that deadline a bit. Thank you for your patience. egk www.mklaw.com/mdewakanton.htm============= Reply of Defendant-Appellant United States in Support of Motion to Suspend Briefing Pending Resolution of Plaintiffs-Appellees' Motion for Application of Judicial Estoppel and Alternative Motion to Strike. link below- www.mklaw.com/documents/USReplyinSptofMtoSuspendBriefing13108.pdf
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Post by mdenney on Feb 14, 2008 23:16:57 GMT -5
Notes by Erick G. Kaardal February 14, 2008 Dear all: Greetings. Despite the February 11, 2008 deadline, the United States has not yet filed its appellant's brief. As soon as we get one, we will post it on this website. For further background, please read the United States' motions to suspend and delay briefing and Wolfchild Plaintiffs' response to these motions -- including expedited briefing. Thank you. egk www.mklaw.com/mdewakanton.htm========== Reply of Defendant-Appellant United States in Support of Motion to Suspend Briefing Pending Resolution of Plaintiffs-Appellees' Motion for Application of Judicial Estoppel and Alternative Motion to Strike. www.mklaw.com/documents/USReplyinSptofMtoSuspendBriefing13108.pdf
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Post by mdenney on Mar 1, 2008 4:08:16 GMT -5
Notes by Erick G. Kaardal February 29, 2008 Dear all: Greetings. Today, I received the U.S. Court of Appeals for the Federal Circuit order denying Wolfchild Plaintiffs' motion for application of judicial estoppel. I have linked the court order under "Federal Circuit and Related Orders" in the right hand column. The next step is the government's brief on the merits is due on April 11, 2008. Then, I will file a response brief. After the government's reply brief is filed, the hearing will be scheduled -- likely this summer. Thank you for your patience. egk ------------ Federal Circuit and Related Orders Order Denying Motion to Apply Judicial Estoppel www.mklaw.com/documents/OrderreEstoppel22608.pdf
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Post by mdenney on Mar 13, 2008 18:13:11 GMT -5
Notes by Erick G. Kaardal March 13, 2008 Dear all: Greetings. As you know, the Wolfchild case is stayed in the U.S. Court of Federal Claims until the certified interlocutory appeal is resolved by the U.S. Court of Appeals for the Federal Circuit. The two certified questions to be resolved involve the existence of a pre-1980 trust and, if there was a pre-1980 trust, whether the 1980 act was a trust termination act. The brief schedule is approximately the following: April 11, 2008 -- U.S. Brief May 23, 2008 -- Wolfchild Plaintiffs' Brief June 9, 2008 -- U.S. Reply Brief Only the April 11, 2008 date is confirmed due to the court's service rules. The other dates may change a few days either way. Thank you for your patience. egk www.mklaw.com/mdewakanton.htm
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Post by shawna on Apr 8, 2008 17:01:15 GMT -5
Notes by Erick G. Kaardal December 21, 2006 Dear all: A hearing date has been set for 1/25/2007 at 10:00 AM in the National Courts Building, Washington D.C. before Judge Charles F. Lettow. Please refer to the "Scheduling Order" link for further details. Additionally, the Court granted the United States and Shakopee and Prairie Island Communities' motions for an extension. So, their replies are due now on January 12, 2007 -- not January 4, 2007. As soon as we receive their replies, we will post them on this website. Please check the website regularly. Thanks. Best regards, egk December 19, 2006 link below- www.mklaw.com/mdewakanton.htmwww.mklaw.com/documents/HearingDate.pdf
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Post by mdenney on May 8, 2008 15:53:32 GMT -5
Notes by Erick G. Kaardal May 8, 2008 Dear all: Greetings. Please find under "Federal Circuit Motions and Briefs" a copy of the Wolfchild Plaintiffs' Motion to extend the brief deadline from May 28, 2008 to June 27, 2008 and to extend the page limit. If granted, the response brief of the Wolfchild Plaintiffs as well as for the rest of the appellees will be due on June 27, 2008. Thank you for your patience. Best regards. egk www.mklaw.com/mdewakanton.htm------------ Federal Circuit Motions and Briefs Wolfchild Plaintiffs' Motion for Extension of Brief Deadline and Word Limits Dated May 5, 2008 www.mklaw.com/documents/MotionforExtension5508.pdf
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Post by mdenney on May 27, 2008 20:21:29 GMT -5
Notes by Erick G. Kaardal May 27, 2008 Dear all: Greetings. The United States Court of Appeals for the Federal Circuit has issued an order: (1) granting permission for Shakopee Mdewakanton Sioux Community and Prairie Island Indian Community to file an amici curiae brief; (2) granting an extension for the appellees' briefs to be filed by June 27, 2008; and (3) granting an extension for the United States to file its reply brief by July 18, 2008. A copy of the order is found under "Federal Circuit Orders." Thank you. egk www.mklaw.com/mdewakanton.htm-------------- Federal Circuit Orders Order Regarding Brief Deadline Extensions Dated May 21, 2008 link below- www.mklaw.com/documents/FederalCircuitOrder.pdf
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Post by mdenney on Aug 24, 2008 23:12:51 GMT -5
Notes by Erick G. Kaardal August 21, 2008 Dear all: Greetings. This correspondence concerns only proceedings related to the disclosure of Walker Group anonymous plaintiff identification information to SMSC and their attorneys. Anonymous clients of Mohrman & Kaardal are not involved. Normally, we would be able to immediately acquire and post the transcripts from the August 6 and August 7 hearings. But, here, that is not the case. The hearing on August 7th was closed to public-- no transcript will be available. The hearing on August 6th was open but there are going to be redactions from transcript because the transcript as-is could lead to identification of anonymous plaintiffs. As soon as the transcript is redacted and we get a copy, I will post it -- probably a week or two. Best regards. egk www.mklaw.com/mdewakanton.htm
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Post by mdenney on Aug 27, 2008 21:11:03 GMT -5
Notes by Erick G. Kaardal August 27, 2008 Dear all: Greetings. I have attached the redacted transcript from the August 6, 2008 hearing to this web page. It relates to the disclosure of the identity of anonymous plaintiffs. The court ordered the court reporter to redact certain confidential information. Best regards. egk www.mklaw.com/mdewakanton.htm--------- SMSC/Anonymous Plaintiffs Issue - Redacted Transcript from August 6, 2008 Hearing link below- www.mklaw.com/documents/RedactedTranscript.pdf
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Post by mdenney on Sept 13, 2008 23:18:33 GMT -5
Redacted Transcript from August 6, 2008 Hearing Notes by Erick G. Kaardal August 21, 2008 Dear all: Greetings. This correspondence concerns only proceedings related to the disclosure of Walker Group anonymous plaintiff identification information to SMSC and their attorneys. Anonymous clients of Mohrman & Kaardal are not involved. Normally, we would be able to immediately acquire and post the transcripts from the August 6 and August 7 hearings. But, here, that is not the case. The hearing on August 7th was closed to public-- no transcript will be available. The hearing on August 6th was open but there are going to be redactions from transcript because the transcript as-is could lead to identification of anonymous plaintiffs. As soon as the transcript is redacted and we get a copy, I will post it -- probably a week or two. Best regards. egk www.mklaw.com/mdewakanton.htm -------------- Redacted Transcript from August 6, 2008 Hearing link below- www.mklaw.com/documents/RedactedTranscript.pdf
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Post by mdenney on Nov 25, 2008 12:56:41 GMT -5
Notes by Erick G. Kaardal November 25, 2008 Dear all: Greetings. For those Mohrman & Kaardal, P.A. clients attending the December 5, 2008 hearing in Washington DC, there will be a luncheon reception, 12 noon to 2 p.m., following the hearing at: National Museum of American Indians 4th St. and Independence Ave., S.W. Washington DC 20560 Phone: 202-633-1000 If you are attending, please RSVP to the hotline at 1-866-629-1886. Thank you. egk www.mklaw.com/mdewakanton.htm
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