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MADALINE ROCQUE
Tatanka-najin-win (Standing Buffalo Woman)
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Lawsuit 2014



Saturday, July 26, 2014
U.S. District Court
U.S. District of Minnesota (DMN)
CASE #: 0:14-cv-01597-MJD-FLN
Part Two


This posting elaborates on Document 50 (STIPULATION by Plaintiffs and Defendants) posted earlier today (Part One below):

Stipulations (1) through (5) filed July 25, 2014 proposes the following deadline dates leading up to the hearing:

Aug 15, 2014: Those defendants who intend to file motions to dismiss the complaint will file their notices of motion and motions to dismiss.

Sep 26, 2014: The defendants moving to dismiss Plaintiffs' Complaint will file their opening memorandum of law and any supporting documents.

Oct 17, 2014: Plaintiffs will file any responsive memorandum and any supporting documents 21 days later.

Oct 31, 2014: Defendants moving to dismiss Plaintiffs' Complaint will file any reply memorandum and any supporting documents 14 days after the Plaintiffs' responsive memorandum and supporting documents.

Dec 11, 2014: Hearing will be held on all motions to dismiss at 9:30 AM this date, at which time, all parties to this stipulation will be prepared to present argument in support of their respective positions.

The remaing five stipulations (6) through (10) establish alternate avenues and deadlines should court orders and other circumstances arise leading up to the hearing.







Saturday, July 26, 2014
U.S. District Court
U.S. District of Minnesota (DMN)
CASE #: 0:14-cv-01597-MJD-FLN
Part One


You will find below, all of the documents filed electronically for the period Jul 20 - 26, 2014 found in the PACER system for this court:

7/21/2014 ANSWER to Complaint

7/22/2014 NOTICE of Appearance as Attorney

7/22/2014 NOTICE of Appearance as Attorney

7/23/2014 NOTICE of Appearance as Attorney

7/23/2014 NOTICE of Appearance as Attorney

7/24/2014 SUMMONS Returned

7/24/2014 CERTIFICATE of Service
regarding Documents 46 & 47


7/25/2014 STIPULATION by Plaintiffs and Defendants

7/25/2014 MOTION for Extension of Time

7/25/2014 CERTIFICATE of Service
on Proposed Order




  Comment:
Document 43 is an individual defendant's answer to plaintiffs complaint using downloaded Minnesota Court forms denying most complaint statements and stating he does not have sufficient information to know if remaining statements are true.   This brings to mind that variously phrased, opiniated quote of unknown origin, "He who represents himself has a fool for a client."

Documents 44, 45, 46, & 47 are notices of appearance of counsel for specific individual defendants.

Document 48 contains some late executed summons being returned to the court.

Document 49 is a standard certificate of service regarding documents 46 & 47.

Document 50 is a stipulation by Plaintiffs and Defendants setting up future deadlines in the process.

Document 51 is a motion for extension of time by Allan D. Eller who finds himself in a unique complicated position of being named both plaintiff and defendant and must chose which position he will take.

Document 52 is a certificate of service on a proposed order [Order on Stipulation] filed in this court by counsel for the three defendant counties and five defendant townships.   [Note: the court has not yet electronically filed the proposed order so it is not yet available on PACER]







Sunday, July 20, 2014
U.S. District Court
U.S. District of Minnesota (DMN)
CASE #: 0:14-cv-01597-MJD-FLN


You will find below, all of the documents filed electronically for the period Jul 13 - 19, 2014 found in the PACER system for this court:

7/14/2014 NOTICE of Appearance as Attorney

7/18/2014 NOTICE of Withdrawal as Attorney

7/18/2014 SEPARATE ANSWER to Complaint
and
Certificate of Service




  Comment:
The two NOTICES filed July 14th and 18th are normal court business notifying the court of representation status.   The July 18th SEPARATE ANSWER to Complaint generally contains the same denials as put forth by the Lower Sioux Indian Community and the Espiscopal Church except for one new challenge.   It's the first time I have seen or read arguement that The Act of February 16, 1863 is void under the federal doctrine of desuetude.   So I had to look up the word in Webster Online.

Synonyms of desuetude are disuse, idleness and inactivity.   Related words included abandonment, desertion, neglect; abeyance, dormancy, latency and quiescence.   I have not been able to find any examples of where "the federal doctrine of desuetude" had been previously used to "repeal" an Act of Congress.







Tuesday, July 15, 2014
BIA Orders City to Vacate Land
That Belongs to an Idaho Tribe



The Bureau of Indian Affairs has ordered the city of Kamiah, Idaho to vacate land that belongs to the Nez Perce Tribe of Idaho.

The property lies within reservation boundaries.   The city of Kamiah is using part of the 4.6-acre property for a dog pound and leasing the rest to a concrete production plant.

The mayor of Kamiah claims the city acquired the land in a trade with a non-Indian company but the BIA says the city is trespassing.   According to the agency, the property was the subject of an easement that should have reverted to the tribe.

The link below contains an aerial map of Kamiah, Idaho, showing the general vicinity of disputed piece of property on the Nez Perce Reservation. (Image from Google Maps).   The link also contains two July 15, 2014 newspaper article links relating the story.

CITY TRESPASSING ON INDIAN LAND

<>-<>-<>-<>

  Comment:
The situation regarding the 4.6 acres of land in Kamiah, Idaho differs somewhat from situation regarding the 12 square miles in south-central Minnesota.   But a wrong is being righted and who actually knows for sure what government arena Wolfchild II will be resolved.







Sunday, July 13, 2014
U.S. District Court
U.S. District of Minnesota (DMN)
CASE #: 0:14-cv-01597-MJD-FLN


You will find below, all of the docket activity for the period Jul 6 - 12, 2014 from the PACER system as well as the documents filed:

WOLFCHILD II DOCKET ACTIVITY
JULY 6 - 12, 2014


<>-<>-<>-<>

SUMMONS Returned Executed.

STIPULATION to Extend Time to Respond to Complaint.

NOTICE of Appearance by Ken D Schueler.

SUMMONS Returned Executed

LETTER Referring Litigant Allan D. Eller
to FBA Pro Se Project.


ORDER extending time for Defendents
to respond to and including July 31, 2014.


<>-<>-<>-<>


  Comment:
The above additional documents have been filed in the course of normal court business.   Nothing has changed.   Written responses to the original complaint still due July 31st by all landowners and Aug 1st for all government entities.   It would not be surprising to see amicus curiae briefs filed in support of both plaintiffs and defendents before July 31st.







Wednesday, July 9, 2014
FIRST SATURDAY MEETINGS

Informal MMDO Discussions


Beginning February 1st of this year, a small group of LD's established a routine of gathering for coffee on every First Saturday of the month to discuss life after Wolfchild I.   This was before the petitions for writ of certiorari were denied by the U.S. Supreme Court on March 10, 2014.   After the May 20th press conference at Fort Snelling announcing the filing of Wolfchild II, discussion switched to the new battle.

Background

There has always been a concern about what we would do as a group if and when the courts looked to us for a plan.   The First Saturday idea is an informal discussion with a priority of establishing a regular consistent dialog among lineal descendants to formulate a plan.

Topics being discussed monthly concern mainly the following:

<> The prospect of an MMDO Convention.

<> The creation of an Organizing Committee.

<> Fund raising ideas
[ Note: Erick is still in need of funds to cover Supreme Court petition expenses.   There is also a need for funds to cover general MMDO operating expenses for any future conventions, elections, meetings, etc.]

<> MMDO Memorabilia and Apparel
[An effort to utilize Dean Pendleton's Arrow Embroidery website (www.arrowembroidery.com) to offer a selection of MMDO memorabilia and apparel is being developed.]

<> MMDO Silent Auction
[An effort to conduct an ongoing "E-Bay" style auction has been discussed.   Items of value could be donated by lineal descendants and presented for auction online.]

Current
with notes from the July First Saturday meeting
(actually held on Friday, July 4th)


The lawsuit is progressing.   The summons' have been served.   Steps are being taken to certify our group as a class.   The defendants have the opportunity to respond to the complaint.   Deadlines for response are July 13th for farmers and ranchers and August 1st for counties and townships.

A plan is still in the works to have another MMDO gathering of Lineal Descendants.   The tentative date is for Saturday August 9th.   The purpose is to continue to demonstrate that MMDO is a viable entity.   Agenda items would include creation of committees to assess the possibility of elections and constitutional review.   Hopefully, the lawsuit will continue to move forward and Erick will be able to provide some update information.

Confirmation notices will be posted on the MKLaw website and The Forum.   On that note, communication of notices and information was also a topic of discussion.   With thousands of Lineal Descendants living in all parts of the country, it's difficult to let everybody know what's going on.   One idea that was suggested was to try to set up a framework of family representatives.   The idea of creating a pyramid structure so that information could be efficiently and securely transmitted seemed to make some sense.   The distribution list for this e-mail is a good start.   So far, there are six families represented.   I'm sure that this information is being passed on to others and I would love to expand the mailing list.   I would gladly add additional addresses to the mailing list if other families want to be included.

<>-<>-<>-<>

  Comment:
Please note, discussions that involve sensitive issues or legal strategies will never be posted on this site.






Sunday, July 6, 2014
U.S. District Court
U.S. District of Minnesota (DMN)
CASE #: 0:14-cv-01597-MJD-FLN


You will find below, all of the docket activity for the period June 29 - July 5, 2014 from the PACER system as well as the documents filed:

WOLFCHILD II DOCKET ACTIVITY
JUNE 27 - JULY 5, 2014


<>-<>-<>-<>

NOTICE of Appearance by Bradley N Beisel on behalf of Keefe Family Farm LLC.

ANSWER to Complaint by Episcopal Diocese of Minnesota.

LETTER to Magistrate Judge Franklin L. Noel re: Summons by Allan D. Eller.

NOTICE of Appearance by Ken D Schueler on behalf of Julie Anna Guggisberg,
Dale R. Hanna, Nancy Hanna, Jon Lussenhop, Lori A. Rebstock,
Robert D. Rebstock, John C. Simmons, Mary J. Simmons.


LETTER from Magistrate Judge Franklin L. Noel
regarding Document 31.


<>-<>-<>-<>


  Comment:
Documents 29 and 32 are "notices of appearance" by attorneys representing numerous defendants.   Document 30 is an "answer to complaint" by the Episcopal Diocese of Minnesota.   Documents 31 and 33 are an exchange of letters between Allan D. Eller and Judge Noel regarding the quandry of being a plaintiff and defendant in Wolfchild II







Sunday, June 29, 2014
U.S. District Court
U.S. District of Minnesota (DMN)
CASE #: 0:14-cv-01597-MJD-FLN


You will find below, all of the docket activity for the period June 27 - 28, 2014 from the PACER system as well as the documents filed:

WOLFCHILD II DOCKET ACTIVITY
JUNE 27 - 28, 2014


<>-<>-<>-<>

SUMMONS Returned Executed
Twin City Process Service, L.L.C.


<>-<>-<>-<>


  Comment:
Summons have all been served. Each has until July 31, 2014 to reply to complaint.







Friday, June 27, 2014
U.S. District Court
U.S. District of Minnesota (DMN)
CASE #: 0:14-cv-01597-MJD-FLN


You will find below, all of the docket activity for the period June 22 - 26, 2014 from the PACER system as well as the documents filed:

WOLFCHILD II DOCKET ACTIVITY
JUNE 22 - 26, 2014


<>-<>-<>-<>

STIPULATION to Extend Time to Respond to Complaint

CERTIFICATE OF SERVICE ON PROPOSED ORDER

ANSWER to Complaint
by Lower Sioux Indian Community.


ORDER ON STIPULATION TO EXTEND TIME
TO RESPOND TO COMPLAINT


NOTICE of Appearance by Joseph F Halloran

ORDER ON STIPULATION TO EXTEND TIME
TO RESPOND TO COMPLAINT


ORDER GRANTING EXTENSION OF TIME
FOR DEFENDANTS TO ANSWER OR OTHERWISE PLEAD


<>-<>-<>-<>


  Comment:
The stipulations, certificates of service and orders are general court procedures that do not shed much light on the complaint.

The "ANSWER to Complaint by Lower Sioux Indiana Community" is a 58 page document that I have not yet had time to read in detail.   I expect to see the same arguments brought forth in Wolfchild I.

Added 6/28/2014: The ANSWER by LSIC is nothing but a re-read of the plaintiffs complaint with bolded disagreement after each sentence.







Sunday, June 22, 2014
U.S. District Court
U.S. District of Minnesota (DMN)
CASE #: 0:14-cv-01597-MJD-FLN


You will find below, an excerpt of all docket activity for the period June 15 - 21, 2014 from the PACER system as well as the documents filed:

WOLFCHILD II DOCKET ACTIVITY
JUNE 15 - 21, 2014


STIPULATION to Extend Time to Respond to Complaint

CERTIFICATE OF SERVICE ON PROPOSED ORDER

STIPULATION Extending Time for Defendants to Answer or Otherwise Plead

ORDER ON STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT








Sunday, June 15, 2014
U.S. District Court
U.S. District of Minnesota (DMN)
CASE #: 0:14-cv-01597-MJD-FLN


You will find below, an excerpt of all docket activity for the period June 8 - 14, 2014 from the PACER system:

WOLFCHILD II DOCKET ACTIVITY
JUNE 8 - 14, 2014


<>-<>-<>-<>


The document filed in the above Docket Activity can be downloaded below:

WAIVER OF SERVICES OF SUMMONS
filed June 13, 2014


<>-<>-<>-<>


Some (but not all) of the official summons issued May 21, 2014 to the local government entities can be downloaded below:

Summons to government entities
issued May 21, 2014


<>-<>-<>-<>


Some (but not all) of the official summons issued May 21, 2014 to the local landowners can be downloaded below:

Summons to local land owners
issued May 21, 2014


<>-<>-<>-<>




  Comment:
First off, I should have made the summons' to the local government entitles and local land owners available last week so the waiver of service of summons this week would have been in better order.

Secondly, I get anxious for up-to-date information and wondered why [outloud] that no activity was happening after the summons were issued. The key word is "issued."   Serving the summons to each defendant doesn't happen overnight as I come to realize.

Lastly, downloading PACER documents cost per page.   I download them so I know what is going on.   I am not asking for monetary help, but I would appreciate an eMail if you are downloading and reading these court documents.   I just want to know that making these documents available on-line is helpful or appreciated by others.   I'll keep downloading them for my information but making them available online is time consuming and something I would like to stop if there appears to be no interest.



Dale Ebersold (a.k.a. Mad Rock)
Loyal Mdewakanton Madaline Rocque Lineal Descendant
Indianapolis, Indiana







Sunday, June 8, 2014
U.S. District Court
U.S. District of Minnesota (DMN)
CASE #: 0:14-cv-01597-MJD-FLN


You will find below, an excerpt of all docket activity for the period June 1 - 7, 2014 from the PACER system:


WOLFCHILD II DOCKET ACTIVITY
JUNE 1 - 7, 2014



  Comment:
I had expected to see a motion for 30 additional days to respond by counsel for the defendants by this time.   It's coming, I'm sure.

So far, the only Notice of Appearance that has been filed by legal counsel is for the three counties and five townships.   Nothing from Lower Sioux Indian Community.   Nothing from the "current land owners" of property within the five townships.

Legal counsel for the other two communities, "Shakopee Indian Community" and the Prairie Island Indian Community, are presumedly drafting a Motion for leave to file amicus briefs.

The federal judical system plods along . . . .


Dale Ebersold (a.k.a. Mad Rock)
Loyal Mdewakanton Madaline Rocque Lineal Descendant
Indianapolis, Indiana







Sunday, June 1, 2014
U.S. District Court
U.S. District of Minnesota (DMN)
CASE #: 0:14-cv-01597-MJD-FLN


You will find below, an excerpt of all May 2014 docket activity:


WOLFCHILD II - MAY 2014 DOCKET ACTIVITY


  Comment:
I will begin to download docket information on a weekly basis as Wolfchild II proceeds.


Dale Ebersold (a.k.a. Mad Rock)
Loyal Mdewakanton Madaline Rocque Lineal Descendant
Indianapolis, Indiana







Tuesday, May 27, 2014
PRESS RELEASE
DATED MAY 20, 2014


Loyal Mdewakanton Sue for Return of Their 12 Square Mile Reservation
A group of over 7,000 American Indians, the ancestors of the loyal Mdewakanton Indians who saved or helped Minnesota settlers during the 1862 Sioux revolt, filed a lawsuit in U.S. District Court for District of Minnesota on May 20, 2014 for the return of 12 square miles of land in Redwood, Renville, and Sibley Counties.   Named in the complaint are the county governments, dozens of private property owners, and townships in those same counties.

The lawsuit speaks of the Minnesota 1862 Sioux revolt where Congress later helped to regain lands for the Mdewakanton who saved settlers and did not participate in the revolt.   A never repealed February 1863 Act instructed the Secretary of Interior to set aside about 12 square miles of reservation land for the loyal Mdewakanton’s “for ever.”   Because of white-settler hostility, the loyal Mdewakanton were not able to settle on those lands.   But, the United States, although it never had the legal authority to transfer title, did so and sold the land to subsequent possessors.   Thus, all subsequent land owners never had clear title to those Indian lands.

Now, the 7,000 and more direct ancestors to the loyal Mdewakanton want to eject the present land possessors and seek damages for trespass.

“This is not a far-fetched concept as it might appear on its face,” said Erick G. Kaardal, the attorney for the plaintiffs.   “Rather, we have a Congressional Act, never repealed, that gives land rights to the loyal Mdewakanton “forever.”   The lands were set aside and specifically identified.   We didn’t write the law.   But, because the United States failed to properly retain the identified lands for the loyal Mdewakanton, the loyal Mdewakanton lineal descendants still have title to it.”   A copy of the Complaint filed today is attached.

Contact:
Erick G. Kaardal
Mohrman, Kaardal, and Erickson, P.A.
150 South Fifth Street
Suite 3100
Minneapolis, Minnesota 55402
(612) 465-0927


  Comment:
A shorter version of the above PRESS RELEASE appears in the left column on the MKLaw website [http://www.mklaw.com/mdewakanton.htm]
The downloadable Complaint & it's 5 exhibits appear in the right column

The full PRESS RELEASE above gives the best "quick take" on what this second lawsuit is about.   The entire COMPLAINT and 5 EXHIBITS must be read for an "in-depth understanding."

I read the entire complaint and reviewed the exhibits.   I was most impressed with sentence 49, on page 15; 'Then and now, "local white hostility" is a legally insufficient excuse for violating federal law.'

Somewhere in all the conversations that went on at the fort, I heard it mentioned that "this is going to be a Title Insurance Company's worst nightmare."   So be it!

- - - -

I attended the May 20th press conference at Fort Snelling.   I also had an opportunity to talk with Erick Kaardal for a few minutes after the press conference.   I am impressed and completely in awe of Mr. Kaardal's drive, determination and conviction regarding the plight of the "friendly Mdewakanton."

I also had the opportunity to meet and talk to Sheldon Wolfchild, Morris Pendleton, Scott Adolphson and Tom Smith, lead plaintiffs in WOLFCHILD II.   I was unable to attend the pot luck luncheon later that afternoon because I had to get back to Wabasha, MN & Trempealeau, WI that afternoon.   So I missed the opportunity to meet and talk with Dr. Barbara Buttes, another lead plaintiff & genealogist extraordinaire.

It was a real pleasure to finally meet some plaintiffs I have been eMailing and forum-talking with for nearly 12 years. There were probably more at the pot luck luncheon but at Fort Snelling, I did get to talk briefly with Bill Bucholz, Jeff Bucholz, Carl Leith, Allen Eller and Dean Pendleton.   If I missed typing anyone's name I met, it's because I'm old and one's memory is the second thing to go!

Later . . . .

Dale Ebersold (a.k.a. Mad Rock)
Indianapolis, Indiana





Monday, May 26, 2014
PRESS CONFERENCE VIDEO

A Two Horse Production


Click on the link below and it will open a new window for viewing the video:

UTUBE VIDEO


The video will take two hours to view in it's entirity.   It opens with the May 20th Fort Snelling press conference and continues with the pot luck luncheon afterwards at the St. Peters Catholic Church.

  Comment:   Great job Allen!





Sunday, May 25th, 2014
The Battle Continues
Wolfchild II filed


A verified complaint for declaratory and injunctive relief has been filed in the United States District Court, District of Minnesota.   A jury trial has been demanded.

I will add more information as I get settled back in.

  Comment:
Hau Tiwahn & Tiospaye,
I just got back from a northern trip to Minnesota and Wisconsin.   Meanwhile keep checking the MKLaw website.

Please bear with me!
Dale Ebersold (a.k.a. Mad Rock)
Indianapolis, Indiana





Sunday, May 4th, 2014
Edited May 7th, 2014
KAARDAL PRESS CONFERENCE - TUESDAY, MAY 20, 2014
POT LUCK LUNCHEON AFTERWARDS FOR MMDO MEMBERS

Greetings to All my Relations,

Hours after posting Sunday's message, I received an eMail with the following link:

Minnesota Mdewakanton Blog


The eMail didn't include the blog title and I didn't notice the title on the blog page until Wednesday.


  Comment:   I will be up in Trempealeau, Wisconsin that week and hope to attend both the press conference and the MMDO pot luck luncheon.   Anyone else planning on being there?





Sunday, May 4th, 2014
Mad Rock Update and Ramblings


Greetings to All my Relations,

I am now physically relocated in an assisted living - independent living retirement community.   My wife and I are living in an independent living garden home but should old age, old injuries and new illnesses dictate, we will be able to move to the assisted living sector.   After a THIRD Comcast modem has been installed by their service representatives, I finally have contact with the Internet world again!

As of this morning, there is nothing new on the MKLAW website since Erick posted the message "The petitions for writ of certiorari were denied by the U.S. Supreme Court today.   This ends the Wolfchild litigation which started in 2003."

As of this morning, there is nothing new in the PACER system since Mar 10 2014 when the Sheldon Peters Wolfchild, et al., Petitioners v. United States, et al. PETITION was DENIED.

I firmly believe there will be no further litigation or legal activity under the "Wolfchild banner" as individual plaintiffs.

I also firmly believe that in order to gain recognition as "lineal descendants of the loyal Mdewakanton" we need to begin operating as an Indian group instead of individuals.   Dr. Barbara Buttes has in the past and still continues her attempt to establish a viable "Minnesota Mdewakanton Dakota Oyate."   This has failed and will continue to fail mainly because too many alleged "lineal descendants" do not want to follow.   They want to be in charge even though they have no leadership experience or potential.

A few years back, I had seen comment posted on the gossip board "1886-Lineal Descendents Mdewakanton" that a small group of Morton, MN individuals were putting together a "secret brotherhood" of alleged lineal descendants to do some "secret projects" to gain recognition by the federal and/or state Indian Affairs agencies.   Whether that effort has now fizzled or not, I do not know.   It was secret!

A "lineal descendant" needs to step up and be recognized as the leader of all of us "lineal descendants of the loyal Mdewakanton".   I am definitely not the one, but I have come to know a couple of individuals during this past 12 plus years Wolfchild saga who could.   When one of them decides to accept the responsibilities of our Chief, only then will we be able to begin a new battle for recognition.

Later . . . .





Monday, March 10, 2014
Supreme Court of the United States
Docket No. 13-794


Notes from Erick Kaardal on the MKLaw website:

The petitions for writ of certiorari were denied by the U.S. Supreme Court today.

This ends the Wolfchild litigation which started in 2003.

  Comment:   This will be the last posting I will make regarding the lawsuit on this website.   Some time in the near future I will remove all the webpages regarding the lawsuit and this website will return to being an informational genealogy site regarding Madaline Rocque.

I want to thank all the readers, contributors, friends and relatives I have met online and face to face these past 10 years.

Take care and God bless,

Dale Ebersold (a.k.a. Mad Rock)
Indianapolis, Indiana





Wednesday, February 19, 2014
Supreme Court of the United States
Docket No. 13-794


Two Writ of Certiorari Petitions distributed today.
Conference set for Friday, March 7, 2014.


No. 13-794
Vide 13-795
Title:
Sheldon Peters Wolfchild, et al., Petitioners
v.
United States, et al.
Docketed: January 3, 2014
Lower Ct: United States Court of Appeals for the Federal Circuit

Case Nos.: (2012-5035, 2012-5036, 2012-5043)
Decision Date: September 27, 2013
~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
Dec 26 2013 Petition for a writ of certiorari filed. (Response due February 3, 2014)
Jan 17 2014 Waiver of right of respondents Deborah L. Saul, et al. to respond filed.
Jan 31 2014 Brief amicus curiae of Professor Gregory C. Sisk filed.
Jan 31 2014 Motion for leave to file amicus brief filed by Historic Shingle Springs Miwok.
Feb 3 2014 Waiver of right of respondent United States to respond filed.
Feb 19 2014 DISTRIBUTED for Conference of March 7, 2014.

-<>-<>-<>-<>-<>-<>-<>-

No. 13-795
Vide 13-794
Title:
Harley D. Zephier, Sr., et al., Petitioners
v.
United States, et al.

Docketed: January 3, 2014
Lower Ct: United States Court of Appeals for the Federal Circuit

Case Nos.: (2012-5035, 2012-5036, 2012-5043)
Decision Date: September 27, 2013

~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
Dec 26 2013 Petition for a writ of certiorari filed. (Response due February 3, 2014)
Dec 26 2013 Appendix of Harley D. Zephier, Sr., et al. filed.
Feb 3 2014 Waiver of right of respondent United States to respond filed.
Feb 19 2014 DISTRIBUTED for Conference of March 7, 2014.

  Comment:   Two weeks from this coming Friday - A Supreme Court decision whether or not to hear the case.





Monday, February 17, 2014
Supreme Court of the United States
Docket No. 13-794


The MKLaw web site has been updated.   Erick reports that all the responses or waivers to respond are in and we now wait for the Supreme Court to respond.

A check on the Supreme Court in the PACER system reveals no change to the information shown in my Feb 14th posting below.
  Comment:   Federal holiday today. No one at work in DC.





Thursday, February 13, 2014
Supreme Court of the United States
Docket No. 13-794


You will find below, the two Amicus Curiae briefs filed with SCOTUS on 31 Jan 2014:

AMICUS CURIAE PROFESSOR GREGORY C. SISK
IN SUPPORT OF PETITION FOR WRIT OF CERTIORARI

AMICUS CURIAE HISTORIC SHINGLE SPRINGS MIWOK
IN SUPPORT OF PETITIONERS

  Comment:   GAME ON !





Wednesday, February 12, 2014
Supreme Court of the United States
Docket No. 13-794


A change appeared on the Proceedings and Orders information on PACER this morning:

~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
Dec 26 2013 Petition for a writ of certiorari filed. (Response due February 3, 2014)
Jan 17 2014 Waiver of right of respondents Deborah L. Saul, et al. to respond filed.
Jan 31 2014 Brief amicus curiae of Professor Gregory C. Sisk filed.
Jan 31 2014 Motion for leave to file amicus brief filed by Historic Shingle Springs Miwok.
Feb 3 2014 Waiver of right of respondent United States to respond filed.


  Comment:

The amicus brief filed by Historic Shingle Springs Miwok would be beneficial.

Who is Professor Gregory C. Sisk?   Is his amicus brief going to be beneficial or detrimental?





Friday, February 7, 2014
Supreme Court of the United States
Docket No. 13-794


A change appeared on the Proceedings and Orders information on PACER this morning:

~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
Dec 26 2013:   Petition for a writ of certiorari filed. (Response due February 3, 2014)
Jan 17 2014:   Waiver of right of respondents Deborah L. Saul, et al. to respond filed.
Feb 3 2014:   Waiver of right of respondent United States to respond filed.

  Comment:   I'm wondering if SCOTUS is still waiting on a Waiver of right to respond by Intervenor - respondents Lenor Ann Scheffler Blaeser, et al., and Mary Beth Lafferty, et al. (Wood R. Foster Jr. Siegel Brill PA), or if it was included in the January 17th Waiver by respondents Deborah L. Saul, et al. to respond (Garrett J. Horn, attorney).

Stay tuned to the MKLaw website, maybe something soon . . . . .






Sunday, February 2, 2014
Wolfchild vs. USA Lawsuit
Weekend PACER SYSTEM Update


Supreme Court of the United States
Docket No. 13-794


Sheldon Peters Wolfchild, et al., Petitioners
v.
United States, et al.
Docketed: January 3, 2014


Proceedings and Orders
December 26, 2013:   Petition for a writ of certiorari filed.
January 17, 2014:   Waiver of right of respondents Deborah L. Saul, et al. to respond filed.
February 3, 2014:   Response to petition due. (internal deadline)

Attorneys for Petitioners:
Erick G. Kaardal Mohrman & Kaardal, P.A. (612) 341-1074
33 South Sixth Street, Suite 4100
Minneapolis, MN 55402>br> kaardal@mklaw.com
Party name: Sheldon Peters Wolfchild, et al

Attorneys for Respondents:
Garrett J. Horn P.O. Box 886 (605)-260-1300
Counsel of Record Yankton, SD 57078
ghornlaw@iw.net
Party name: Deborah L. Saul, et al.

Wood R. Foster Jr. Siegel Brill PA (612) 337-6100
100 Washington Ave. S.
Suite 1300
Minneapolis, MN 55401
woodfoster@siegelbrill.com
Party name: Intervenor - respondents Lenor Ann Scheffler Blaeser, et al., and Mary Beth Lafferty, et al.

Counsel for the United States
Donald B. Verrilli Jr. Solicitor General (202) 514-2217
United States Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC 20530-0001
SupremeCtBriefs@USDOJ.gov
Party name: United States

  Comment:   None

~ ~ ~

U.S. Court Of Appeals for the Federal Circuit (CAFC)
Docket No. 2012-5035

Date of last activity:   September 27, 2013 - Ruled against the plaintiffs on all counts.
  Comment:   None

~ ~ ~

U. S. Court of Federal Claims (COFC)
Docket No. 1:03-cv-02684-CFL

Date of Last Filing:   October 29, 2013 - NOTICE, filed by USA of Filing Interior's Third Status Report Regarding Preparation of Distribution Plan and Discussion of Federal Circuit's September 27, 2013, Opinion on Further Preparation (Attachments: # 1 Third Interim Report)(Schwarz, Jody) (Entered: 10/29/2013)
  Comment:   None





Wednesday, January 15, 2014
Blog Article
regarding the two
Petitions For Writ Of Certiorari

An article regarding the two Petitions For Writ Of Certiorari appeared on the blog Turtle Talk yesterday.   As of this morning a reply to the article has not yet posted.

Turtle Talk is the blog for the Indigenous Law and Policy Center at Michigan State University College of Law.   [They] post news items related to Indian law and politics, with a special emphasis on topics related to Indian tribes in Michigan and the Great Lakes region.   In addition, Turtle Talk offers links to every Supreme Court case involving federal Indian law in the modern era (1959 to present).
Descriptive excerpt above was taken from the Turtle Talk "About Page."

Link to the Blog:

Zephier v. United States & Wolfchild v. United States Cert Petitions






Sunday, January 12, 2014
From The
1886-Lineal Descendents Mdewakanton Forum
mdewakanton1886.proboards.com

The following is posted here with permission of the author:

DID THE SECRETARY OF INTERIOR (SOI) HAVE THE LEGAL AUTHORITY
TO PUT LANDS INTO TRUST, IN THE STATE OF MINNESOTA,
TO ANYONE OTHER THAN "MERITORIOUS SIOUX?"
That's the question and IT HAS TO BE ASKED! ! !


This is what I think happened:

I want everyone to imagine just for a moment - The March 1863 Act.   Who are they talking about?   Congress is talking about "5 (FIVE) entities," that's who!   The 5 entities are the four bands of Sioux (Mdewakanton included), and then the "meritorious Sioux" (meritorious individuals from any of the four bands).

THE FOUR BANDS WERE "BANISHED" from the State of Minnesota.....PERIOD!!!!!!!!!

The Feb 1863 Act of Congress has never been repealed......PERIOD!!!!!!

The SOI and Bureau of Indian Affairs (BIA) came out with a ruling in 2012 saying that Shakopee Mdewakanton Sioux Community (SMSC) was a Federally recognized Tribe in 1934 that entered into several Treaties with the United States.   This is the letter MKLaw wanted the Court of Appeals for the Federal Circuit (CAFC) to take Judicial Notice of.   They didn't!!   This is an INCEDIBLE ADMISSION, a CONFESSION that the lands the SOI put into Trust for SMSC in 1969 WAS ILLEGAL!!!!!!!!

The Mdewakanton Band of Sioux who entered into Treaties with the US gov't in 1934, let alone in 1969, WAS BANISHED FROM THE STATE OF MINNESOTA!!!!!!!!

The March Act of 1863 had to say ...."it shall be lawful for the SOI to put lands...." (paraphrasing).   If the Congress had not said this, then there would not be any Mdewakanton Communities in Minnesota today because the Feb. 1863 Act BANISHED THEM from Minnesota.   The only "entity" of the 5 (FIVE) groups that were eligible to be in Minnesota as of 1934 and beyond are the "meritorious Sioux."   The only "meritorious" Sioux ever identified by Congress and the SOI were the individuals on the 1886-89 Censuses.   The only money Congress ever appropriated for them and was spent on land were the 1884-86 & 1888-90 appropriations.   In particular the 1886 lands were bought with the 1888-90 Appropriations.

No one is denying, including the gov't, that those appropriations were for the benefit of the 1886 LD's.   The question that has been argued over the last 10 years was - Was there a Trust created?   Of course there was, and it was the 1863 Acts which created it.   Unfortunately, we've had . . . I can't even put it into words anymore . . . incompetent, Cracker Jack Box, etc., etc. justices who don't know their ass from a hole in the wall.   It is now a moot question.

The only question that is important now is; Did the SOI have the authority to put lands into Trust in the State of Minnesota for anyone other than a "meritorious" Sioux, as defined by Congress and the 3 Appropriations Acts of 1888-90?   Carcieri says NO.   Both Acts of 1863 say NO.   So what Act of Congress says, or said YES?   The 1934 IRA?   That's the question.   Remember that appeals (of the 1863 Acts) by implication are not favored by the SCOTUS.   And even if by Thor's mighty hammer or whatever "bullshit" excuse they want to conjure up saying the 1934 Act did....look at the 1934 Act sect. 463..PROTECTION OF EXISTING RIGHTS.   The only one's with rights to occupy the land in Minnesota when those tribal lands were taken as public lands were the "meritorious" Sioux.   It says so in the March Act of 1863 sect. 4.

I'm a little steamed right now.   Maybe you can tell.   Our argument is real simple.   Ask SCOTUS the question.   THIS IS A WINNING ARGUMENT.

The solution to this is real simple, the SCOTUS will order the SOI to FIX his ADMINISTRATIVE MISTAKES.   There will have to be a new BASE ROLL.   The regulations to do this are already in place.
Sorry for the rant.

Peace to LD"s,
Respectfully, James










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