Minnesota Mdewakanton Dakota Oyate Litigation
Wolfchild, et al. v. United States

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

 

April 22, 2008

Dear all:

Greetings. 

Please find under "Federal Circuit Briefs" two documents filed by Shakopee Mdewakanton Sioux Community and Prairie Island Indian Community in the U.S. Court of Appeals on April 18, 2008.

The first document is a motion to file a friend of the court brief.

The second document is the proposed brief.

The Wolfchild Plaintiffs' response brief is due on May 28, 2008.

Thank you for your patience.

egk

April 12, 2008

Dear all:

Greetings.  Please find under "Federal Circuit Briefs" the opening appellate brief of the United States.

The next step is the filing of the response brief on or about May 20, 2008. The United States will have a chance to reply.

After that, a hearing in Washington, D.C, will be held before a three-judge panel which will issue a decision.

Thank you for your patience.

egk

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

 

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

 

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

 

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

 

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

 

 

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

 

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

 

December 19, 2007

Dear all:

Greetings.

Today, the Court of Federal Claims issued an order to stay the litigation in our case. This means our case is on hold until the U.S. Court of Appeals for the Federal Circuit resolves the following issues:

     1. Whether a trust was created        with the Congressional Appropriation Acts of 1888, 1889, and 1890; and

     2. If a trust was created, whether Congress terminated that trust through an Act passed in 1980.

An opinion from the U.S. Court of Appeals for the Federal Circuit is expected in late 2008.

Meanwhile, during this time period please inform our firm of any family changes such as address changes using the form found on this website.

Best Regards.

ekg

 

December 12, 2007

Dear all:

Greetings.

Yesterday, the U.S. Court of Appeals for the Federal Circuit granted the government's motion for a discretionary appeal. 

I have linked the opinion under the title "Federal Circuit Order" at the top of the right hand column on this web page.

As a result, the U.S. Court of Federal Claims' proceeding is automatically stayed.

As the Appellate Proceeding progresses, we will be posting the briefs on this website. 

Thank you for your patience.

Best regards.

egk

 

November 19, 2007

Dear all:

Greetings. 

There is no word yet from the Federal Circuit on the interlocutory appeal.   However, the litigation proceeds in the U.S. Court of Federal Claims.

Today, the U.S. Court of Federal Claims issued an amended scheduling order which I have linked under Trial Court Opinions.  The Court, pursuant to the government's motion has pushed the deadlines back approximately 15 days.  For example, fact discovery now ends on April 14, 2008 -- not March 28, 2008.

If you want to follow the case closely, you should read the Amended Scheduling Order and note the new deadlines.  These will be dates where there will be heightened activity on the file.

Thank you for your patience.

Best regards.

egk

 

November 14, 2007

Dear all:

Greetings. 

The government's petition for a discretionary appeal before the U.S. Court of Appeals for the Federal Circuit is pending.  

As the petition is pending, the U.S. Court of Federal Claims has not stayed the proceeding.  If the Federal Circuit grants the petition, the case in the lower court is stayed.

So, the litigation in the U.S. Court of Federal Claims continues.  I have linked under "Trial Court Initial Disclosures" a copy of the federal government's initial disclosures.

As soon as the Federal Circuit issues its decision, it will be posted here.

Thank you for your patience.

egk

 

October 24, 2007

Dear all:

Greetings. 

I have posted three important briefs you should read under "Federal Circuit Motions and Briefs."  Reading the briefs will keep you informed about the case.

The first brief is Wolfchild Plaintiffs' Response to Petition for Discretionary Appeal dated October 22, 2007.

The second brief is Wolfchild Plaintiffs' Opposition to Motion of Amici Curiae Shakopee Mdewakanton Sioux Community and Prairie Island Indian Community for Leave to File Amici Curiae Brief.

The third brief was filed by the Group B counsel for intervenors.

As soon as we receive the reply briefs (if any), we will link them to this webpage.

Thank you for your patience.

egk

 

October 10, 2007

Dear all:

Greetings. 

The United States has filed its petition for interlocutory review in the United States Court of Appeals for the Federal Circuit.  This brief is linked under Federal Circuit Motions and Briefs in the right-hand column. 

Additionally, Shakopee Mdewakanton Sioux Community and Prairie Island Indian Community have filed an amicus curiae (meaning friend of the court) brief in support of the United States' motion.  This brief is also linked under "Federal Circuit Motions and Brief."

The Federal Circuit has discretion on whether to hear the interlocutory appeal.  As soon as an order is issued, I will link it to this website.

Thank you for your patience.

egk

 

 

September 26, 2007

Dear all:

Greetings. The Court issued Wolfchild V today.  I have linked the Court's opinion and order under "Court Opinions" in the right hand column.  There are three things I want to mention about the opinion.

First, the Court has granted in part the government's motion for an interlocutory appeal -- allowing the U.S. Court of Appeals for the Federal Circuit to determine whether it wants to entertain the interlocutory appeal or later consider the appeal after trial and final judgment.  The Federal Circuit will now determine whether an interlocutory appeal will occur.  I will keep you updated on developments in this regard.

Second, the Court has denied the government's motion for a stay pending the interlocutory appeal.  In this regard, the Court has issued a scheduling order for the case through May 30, 2008 -- the deadline for pre-trial summary judgment motions. Presumably, the Court will schedule a trial date at some later date.   The Court did indicate, however, that it may grant a stay if the Federal Circuit takes the interlocutory appeal.

Third, the Court granted the government's motion regarding newborns in part. The Court has limited the August 20, 2007 amendments to newborns born after January 1, 2006.  Those on those amended complaints born before January 1, 2006 will need to initiate another lawsuit. 

In the near future, Mohrman & Kaardal, P.A. will be initiating a lawsuit to cover these and subsequent newborns of existing plaintiffs.

Thank you again for your patience.

Best regards.

egk

 

September 25, 2007

Dear all:

Please find under the heading Joint Status Report a copy of the Wolfchild Plaintiffs and Intervenors' Supplement to the Joint Status Report.  This document was filed today with the Court. 

With the filing of this document, the Court now has all the documents relating to the party-related issues and the Joint Status Report.  As soon as the Court issues its order, we will post it on this website.

Thank you for your patience.

egk

September 24, 2007

Dear all:

Greetings. 

Earlier, I posted the government's omnibus memorandum of law addressing the addition of additional plaintiffs and the Court's September 14, 2007 order allowing responses to be filed prior to tomorrow or tomorrow.  (Please find these documents under categories of "litigation history" and "joint status reports" in right hand column.)

Plaintiffs will be filing a response to the omnibus memorandum tomorrow.  As soon as the filing is completed, I will post it on this website.  Thank you.

Best regards.

egk

 

September 5, 2007

Dear all:

The Court has granted the United States' motion to extend the deadline to September 19, 2007 for the filing of its response to certain party-related pleadings and motions filed prior to or on the August 20, 2007 deadline. I have posted the September 5, 2007 order under litigation history in the far right column. 

Thank you for your patience.

egk

 

August 30, 2007

Dear all:

The Court has extended the deadline for the United States to respond to certain party-related filings relating to the August 20, 2007 deadline.  I have posted the order in the right hand column. 

As soon as I receive the Court's order and opinion on the government's motion for interlocutory appeal and on the joint status report, I will post it on this website.

Thank you for your patience.

egk

August 22, 2007

Dear Plaintiffs:

Greetings.  I will be posting the Fifth Amended Complaint and Alphabetized Plaintiffs List later today.  Thank you for your patience.

egk

 

August 20, 2007

Dear Plaintiffs:

Thank you for your cooperation in adding newborns to the Fifth Amended Complaint. 

We will be linking the Fifth Amended Complaint to this webpage tomorrow as well as a new alphabetized Plaintiffs list.

I have made some changes to this webpage. 

In addition to deleting out-of- date material, I have added a new section on "Litigation History."  The first item linked under this section is a pleadings index covering all filings in the case from 2003 through today. 

I have also added the government's reply brief and supplemental brief as to the motion for interlocutory appeal under the heading "Motion for Interlocutory Appeal" in the right hand column.

We should be receiving the transcript from the August 6, 2007 hearing soon. As soon as we get it, we will post it on this website for you to read.

As I have mentioned in the past, I recommend you read the transcripts to stay up to date with the case.

Thank you again for your patience.

Best regards.

egk

 

August 7, 2007

Dear Plaintiffs:

Greetings. 

The Court held the hearing on the joint status report and motion for interlocutory appeal yesterday.  The Court did not rule on any motions at the hearing.  I have ordered the transcript and will post it when I receive it.  Usually, it takes less than 14 days to get it from the court reporter.

Additionally, the Court determined that Plaintiffs who have newborn children not on complaint may add them prior to August 20, 2007.  Therefore, if you are a plaintiff that Mohrman & Kaardal, P.A. represents, please fax to Mohrman & Kaardal, P.A. at 612-341-1076 the information form, guardianship form and a copy of the birth certificate immediately.  The two forms are linked in the middle column on this webpage under "Newborn Forms."  The law firm must have all these forms for each newborn on or before August 19, 2007 -- so the filing can be done in Washington DC on August 20, 2007.

In some instances, this deadline will require parents to act immediately because it can take a few days for the state or county to issue a birth certificate.  So, please act immediately if you have a newborn child that you would like to be a plaintiff in the Wolfchild litigation.

Thank you.

Best regards.

egk

 

July 30, 2007

Dear all:

Greetings.

This morning, we received the scheduling order for the Court's Scheduling Conference on August 6, 2007. The hearing will be at 10:00 a.m. on Monday in the National Courts Building, Washington DC. I will be attending in person. I invite all of you also to attend if you are able. A copy of the scheduling order is linked to this page under "Joint Status Reports."

Today, the Plaintiffs filed their response brief to the government's motion for interlocutory appeal. This brief is linked to this page as well under "Motion for Interlocutory Appeal." Reading the government's brief and plaintiffs' brief side-by-side will inform you of the issues involved.

As a reminder, last Monday, the Joint Status Report dated July 20, 2007 was linked to this webpage under "Joint Status Reports." The Plaintiffs and Intervenors in this Joint Status Report propose a trial date in September of 2008.

I will update this website after the Court's hearing on Monday.

Best regards.

egk

 

Federal Circuit Briefs

Federal Circuit and Related Orders

Federal Circuit Motions and Briefs

Trial Court Opinions

Trial Court Transcripts

Trial Court Initial Disclosures

Litigation History

Links of Interest