Rumors and ?

[mdenney]

Seen this just posting it is it true can anyone answer ?


kettering law firm was going down to the rez to inform people about what was going on with our case here the kicker is that they were going to charge LDS 50.00$ and non-LDs 60.00$ so whats up with that arent they getting a percentage and there expense's cover ?

[mdenney]

This is from the a person called the Native American notes of his on the meeting 7/20

MKLaws Lower Sioux Meeting 7/20

Sorry i got back real late...2 hrs there 2 hrs back

my take on what erick said..

the US's appeal isnt so much of an appeal, but more of the US's own plan of resolving this matter
the judge had ordered the US to cooperate with plaintiffs/intervenors to come up with a plan and schedule to finish the case in a timely manner
but instead the US did just the opposite...while the plaintiff/intervenors had agreed to work together to come up with a reasonable plan the US failed to cooperate with us, but submitted her own plan

(on a side note Maroldy was quite upset erick gave to her the plan from the plaintiff/intervenors in a .pdf format, but instead wanted it given to her in wordpad format...
.pdf file one cant manipulate, but wordpad file is easily manipulated.)

in most trust cases an appeal is submitted after the first 2 weeks of the first ruling, not after over 3 years
if its submitted after 4 to 5 months the appeal is usually thrown out

erick said this appeal just doesnt make sense, after the judge virtually wrote a book about this trust in the first order and opinion

the US asking if the trust exists doesnt make sense, because
there is over 90 years of documentation from the time the trust
was created until 1980

how they will determine damages?
easy...what is the year of your birth?

if you were born in 1985 your damages would start in 1985
if you were in 1964 your damages would start in 1980

erick said we won and that we are just going thru the procedures for this kind of lawsuit

once we get a judgement amount hanging over the DOI they will have to fix the problem

ohh erick said he will post the joint status report on monday sometime
his office just didnt have the time to it that on friday

the joint status report is the plan the plaintiffs/intervenors along with Lower Sioux have come up with and submitted to the court
the judge accepts this ..
all this will be over in 14 months, by Sept '08

also Lower Sioux is working on helping solve the administrative solution to give the DOI when the time comes
i'll let someone from LS tell more about that
Loren talked about it, but i didnt catch all of it
if erick has faith in this, so will i

its late
i'll type in more tomorrow


--------------

more news

Good Morning
yeah it was one of the better meetings erick has had

he said he is pretty much finished and isnt going to file anymore motions
SMSC/PI cant file any motions, they had a chance to be a part of the litigation
and the intervenors get their shot to prove their claims

so when he posts the joint status report we will get a look at the plan for determining damages

This is all from another site ...

[mdenney]

News Flash

Rumors not sure yet OK.

Laura Maroldy has been removed as the US Attorney representing the US in the case Wolfchild Vs. United States

[mdenney]

posted by Bill Bucholz

Ok, heres the scoop. The new Atty. has 40 years behind the bench. Erick thought they were throwing in a heavy hitter. He called him on the phone expecting him to say "Mr. Kaardal you don't have a case and your just trying to get the tax payers money." Well he was very friendly, and said that this was a history making case, and how excited he was to now be a part of it. One other thing I learned today was that the repatriation act views the sovreignty of the Communities is subordinate to the sovreignty of the L.D.'s. Hows that grab you! The feds. already see us as being in charge. The Justice Dept. has a branch for dealing with problems with non- indians, they also have a branch to deal with Indian problems. Well guess what? They now have a new branch. Its job is to deal with the Wolfchild litigation. Now isn't that special.

[mdenney]

posted by The NativeAmerican

thats great!!!

wow
the repatriation act uh?..
we are covered by soo many acts of congress
time to watch SMSC/PI fight with the US Government

lets see their warchest go to work now

[mdenney]

If anyone wants to look up the repatriation act here is the web address
www.cr.nps.gov/nagpra