Govt. Response to Cermak Brief

[hermin1]

1/ The Government also notes that Exhibit L appears to contains the members blood
quantum that, from understanding and belief, may be sensitive personal information within the
native American community. Although RCFC 5.2 does not address blood quantum, the
Government suggests protection of this personal information may be warranted under RCFC
5.2(e). Clearmeadow Invs., LLC v. United States, 86 Fed. Cl. 30, 32 (2009) (quoting the
advisory committee's note to Federal Rule of Civil Procedure 5.2, which is the basis for RCFC
5.2).
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
____________________________________
SHELDON PETER WOLFCHILD, et al., )
)
)
Plaintiff, ))
v. ) Case No. 03-2684L and
) Case No. 01-568L (consolidated)
)
THE UNITED STATES OF AMERICA, ))
Defendant. )
____________________________________)
MOTION TO PLACE DOCUMENT UNDER SEAL
The United States of America, Defendant, respectfully requests that this Court place
Exhibit L to Mr. Cermak’s Memorandum, filed October 13, 2011, under seal. Dkt. No. 1106.
Exhibit L purports to be a list of members of a certain tribe as of July 12, 1993. That list
includes information, such as birth dates, that requires protection under Rule of the United States
Court of Federal Claims (“RCFC”) 5.2(a). In order to provide the protection required under
RCFC 5.2(a), Defendant requests that the Court place Exhibit L under seal until such time as Mr.
Cermak either provides the appropriate redactions or establishes that a valid exception applies./ 1
Respectfully submitted on this 18th day of October, 2011,
Case 1:03-cv-02684-CFL Document 1108 Filed 10/18/11 Page 1 of 3
- 2 -
IGNACIA S. MORENO
Assistant Attorney General
/s/ Stephen Finn
Stephen Finn
Jody H. Schwarz
Daniel Steele
J. Nathaniel Watson
U.S. Department of Justice
Environment & Natural Resources Division
Natural Resources Section
P.O. Box 663
Washington, D.C. 20044-0663
[phone] (tel.)
[phone] (fax)
[e-mail]
Attorneys for the United States
OF COUNSEL:
Kenneth Dalton
James Stroud
Department of the Interior
Washington, DC 20240
Case 1:03-cv-02684-CFL Document 1108 Filed 10/18/11 Page 2 of 3
CERTIFICATE OF SERVICE
I hereby certify that on this 18th day of October, 2011, a copy of the foregoing was filed
electronically with the Clerk of the Court through its ECF System and electronic notice was
delivered to the parties entitled to receive notice.
DATED: this 18th day of October, 2011.
/s/ Stephen Finn
Stephen Finn
Case 1:03-cv-02684-CFL Document 1108 Filed 10/18/11 Page 3
of 3


The govt.'s latest tactic is a day late and oodles of dollars short.

[hermin1]

Earl Ebersold's comments re. this latest Govt. Brief:


Tuesday, October 18, 2011
Defendant United States of America's Motion
to Place a Document Under Seal

The defendant USA is requesting the COFC to place Exhibit L to Mr. Cermak's Memorandum, filed October 13, 2011, under seal.


Document 1108 - Motion to Place Document Under Seal


NOTE: The memorandum and specific exhibit mentioned were posted below in the October 13, 2011 message. All of the documents, 1106 and 1106-1 thru 1106-12, were legally downloaded from the federal courts Public Access to Court Electronic Records (PACER) system.

This is the latest effort by the defendant USA to do anything they can to delay establishing a court ordered up-to-date Mdewakanton Roll. It's becoming more obvious each day that an up-to-date Mdewakanton Roll is going to cause major embarassment to the Bureau of Indian Affairs.

[hermin1]

comment from the Peanut Gallery:
the government has been defying Judge lettow's order in 2006 and 2007 to produce a list of qualified Descendents of the Mdewakantons.Oh,they filed a brief in which they stated that thery were working on the list, but at the same time, listed sources that were,and/or were not available for public procurement of documentation to show qualification as a descendent.
See govt. Initial Disclosure of Documents,filed Nov.1 2007. itis in the section titled"Court Briefs.