Kitto,Enyard, Walker Intervenors Brief 7-22-2011

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
____________________________________
SHELDON PETER WOLFCHILD, et al., )
)
Plaintiffs, )
)
v. ) Case No. 03-2684
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THE UNITED STATES OF AMERICA, ) Hon. Charles F. Lettow
)
Defendant. )
____________________________________)
PLAINTIFF/INTERVENORS KITTO, ENYARD AND WALKER GROUP OF
ANONYMOUS PLAINTIFFS’ MOTION FOR JOINDER IN THE WOLFCHILD
PLAINTIFFS’ RESPONSE TO THE COURT’S JUNE 3, 2011 ORDER AND IN
THE PLAINTIFF-INTERVENORS’ SUPPLEMENTAL BRIEF IN OPPOSITION
TO THE UNITED STATES’ BRIEF IN SUPPORT OF THE APPLICATION OF
25 U.S.C. § 1401 et seq.
Come Now, Plaintiff/Intervenors, the Walker Group of Anonymous Plaintiffs,
John Does Nos. 1-30, and the Kitto and Enyard Groups, (collectively, the “Walker
Plaintiffs”), as a separate group of plaintiff/intervenors, respectfully move this Court to
allow this group, the Walker Plaintiffs, to join in the Wolfchild Plaintiffs’ Response to
the Court’s June 3, 2011 Order (Doc. #1087), filed by Attorney Kaardal June 23, 2011,
with respect to the facts and arguments advanced therein, but excluding parts of the
distribution plan.
Plaintiff/Intervenors, the Walker Plaintiffs, further move this Court to allow this
group, the Walker Plaintiffs, to join in the Plaintiff-Intervenors’ Supplemental Brief in
Opposition to the United States’ Brief in Support of the Application of 25 U.S.C. 1401, et
seq., as filed by the plaintiffs Robertson-Vadnais Group on June 24, 2011 (Doc. No.
1088), with respect to the distribution plan proposed therein.
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The Walker Plaintiffs join all of the aforementioned relevant parts of the briefs
except where in conflict with their previously articulated legal and factual positions.
The Walker Plaintiffs are comprised of both named plaintiffs and anonymous
John Does, and therefore have specific concerns and requirements regarding verification
of eligibility and disbursement of judgment funds. The Walker Plaintiffs do not feel that
the process of verification and distribution proposed by Attorney Kaardal’s brief (Doc.
No. 1087) would protect the interests of the Walker Plaintiffs. The Walker Plaintiffs
agree with the assertion made in the Robertson-Vadnais brief (Doc. No. 1088), that the
counselors serving each group of plaintiffs can best administer judgment funds to the
satisfaction of the unique circumstances of the plaintiffs they represent. In the interest of
preserving anonymity, and to facilitate verification of eligibility and disbursement of
funds in a manner that best serves the plaintiffs, the Walker Plaintiffs favor the
distribution plan proposed in the Robertson-Vadnais brief. In addition, the Walker
Plaintiffs also wish to use their own genealogist and experts on issues of eligibility.
DATED July 22, 2011.
Respectfully Submitted,
/s/ Elizabeth T. Walker_______
Elizabeth T. Walker
Walker Law, LLC
429 North St. Asaph Street
Alexandria, VA 22314
703-838-6284
[e-mail]
Attorney for Plaintiffs Kitto and
Enyard Groups and Walker Group of
Anonymous Plaintiffs
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NOTICE OF ELECTRONIC FILING
The Plaintiff/Intervenors, by and through their respective above-signed counsel,
herewith certify that they transmitted the foregoing Motion for Joinder in the Wolfchild
Plaintiffs’ Response to the Court’s June 3, 2011 Order and in the Plaintiff/Intervenors’
Supplemental Brief in Opposition to the United States’ Brief in Support of the
Application of 25 U.S.C. §1401, et seq. in the Court of Claims’ ECF system for
distribution to all counsel of record this 22nd day of July, 2011.
__/s/ Elizabeth T. Walker______
Elizabeth T. Walker