Mohrman & Kaardal

Notes by

Erick G. Kaardal

January 5, 2012

Dear all:

Today, the Wolfchild Plaintiffs filed a cross-appeal in the U.S. Court of Federal Claims. This cross-appeal was in response to the United States government appealing from the judgment favoring the Wolfchild Plaintiffs in the U.S. Court of Federal Claims.

The Notices of Appeal are linked in the right hand column.

Please check this website for updates on the appellate process.

Happy New Year!

egk

August 6, 2011

Dear all:

The Court has issued its order. It is linked in the right-hand column.

To summarize the critical parts of the opinion, the Court:

(1) denied the motions to amend to add claims for amounts greater than $554,514 total;

(2) entered final judgment on the one claim for $554,514 total;

(3) ordered the Department of the Interior to determine by August 6, 2012, who the lineal descendants were entitled to share in the $554,514 final judgment; and

(4) awarded costs to Plaintiffs.

In light of the 2009 U.S. Court of Appeals for the Federal Circuit opinion and the 2010 U.S. Supreme Court denial of the petition for writ of certiorari, this may be the end, or at least the virtual end, of the litigation.

Thank you for your patience. Obviously, I was hoping for a more favorable result for the plaintiffs.

As I receive directions from the Department of the Interior as to payment, if any, I will post them here on this website.

Best regards.

egk

May 17, 2011

Dear all:

The hearing went well on Friday, May 13. We will not know how the Court rules until it issues its opinion. When I get the opinion, I will publish it on this website. Thanks.

egk

May 4, 2011

Dear all:

Greetings.

I have posted the Wolfchild Plaintiffs Reply Brief.

The hearing is next Friday, May 13.

Best regards.

egk

April 21, 2011

Dear all:

Greetings. I have posted two response briefs to the Wolfchild Plaintiffs’ motion for summary judgment. Please review them. The reply brief is due on May 4th. The hearing is still scheduled for May 13th. Thank you.

egk

March 23, 2011

Dear client(s):

I have received several inquiries about the Cobell settlement and its effect on any Wolfchild judgment. I am not your attorney in the Cobell case. If you have questions, I recommend that you contact the Cobell claims administrator at:

Call Toll-Free: 1-800-961-6109

Email: Info@IndianTrust.com

By Mail: Indian Trust Settlement
P.O. Box 9577
Dublin, OH 43017-4877

Thank you.

egk

March 22, 2011

Dear all:

Greetings.

I have attached the summary judgment motion filed on behalf of the Wolfchild Plaintiffs. The next deadline for responses is April 15, 2011. Thank you for your patience.

Best regards.

egk

January 25, 2011

Dear all:

Greetings.

I have attached in the right hand column the Court's order arising from the January 21, 2011 status conference.

The next hearing is on May 13, 2011.

Thank you for your patience.

Best regards.

egk

December 26, 2010

Dear all:

Greetings.

I have received some questions regarding what happens next? The next step is to proceed with satisfying every requirement so that a final judgment can be entered in favor of the plaintiffs. Obviously, the final judgment is limited by the exclusion of post-1980 community revenues. The damages award in the final judgment will only reflect pre-1980 community revenues.

Best regards.

egk

December 22, 2010

Dear all:

Greetings.

The U.S. Court of Federal Claims has issued its decision in the Wolfchild case after the October 22, 2010 hearing. It found that the Department of the Interior wrongfully distributed moneys derived from the 1886 lands to the existing communities prior to the passage of the 1980 Act. However, after the 1980 Act, the United States has since held the 1886 lands in trust for the communities and any proceeds from those lands, apparently can be kept by the communities. Nevertheless, the law firm continues to review the decision and other available options before the court-ordered January 21, 2011 hearing pertaining to the court's judgment.

Best regards.

egk

December 21, 2010

Dear all:

Please find linked in the right hand column an order issued today by the Court resolving all issues from the October 22, 2010 hearing.

Please check this website for updates.

Best regards.

egk

December 14, 2010

Dear all:

Please find linked in the right hand colum, an order issued today granting the motion of Shakopee Mdewakanton Sioux Community and Prairie Island Indian Commmunity to participate as friends fo the court, amici curiae.

Best regards.

egk

December 6, 2010

Dear all:

Today, we filed a post-hearing memorandum related to an earlier government response to a notice of supplemental authorities. I have posted the documents in the right hand column in the order that you might want to read them. Thank you.

egk

October 23, 2010

Dear all:

The hearing on October 22 in the U.S. Court of Federal Claims went for more than two hours. Judge Charles Lettow took the matter under advisement and will issue his order and memorandum at a future, undetermined date.

Meanwhile, we will obtain a copy of the transcript and post it as soon as we get it.

Thank you for your patience.

egk

October 15, 2010

Dear all,

I have added several additional documents filed in preparation for the October 22, 2010 hearing. They are linked in the right hand column. For those going to D.C. for the hearing, I look forward to seeing you there.

Best regards.

egk

September 23, 2010

Dear all,

The Wolfchild Plaintiffs' Motion to Enjoin and for Miscellaneous Relief and Motion to File under Seal, Shakopee Mdewakanton Sioux Community's and Prairie Island Communities' motion and proposed amicus curiae brief and Wolfchild Plaintiffs' opposition have been linked to this webpage in the right-hand column.

Thank you.

egk

September 22, 2010

Dear all,

Please find linked to this webpage the government's response to the Plaintiffs' cross-motion and the Plaintiffs' reply memorandum regarding the motion to amend.

Thank you.

egk

August 10, 2010

Dear all:

Please find linked to this webpage the Plaintiffs' Response to Motion to Dismiss and Cross-Motion for Partial Summary Judgment Dated August 9, 2010.

The hearing is scheduled for October 22, 2010.

Thank you.

egk

July 9, 2010

Dear all:

Greetings.

Today, in response to the Federal Circuit's March 10, 2009 decision, we filed the following documents in the Wolfchild case:

(1) Motion to Amend Complaint;

(2) Proposed Sixth Amended Complaint; and

(3) Joint Memorandum in Support of Motion to Amend Complaint.

These documents as well as the transcript from the May 11, 2010 hearing and the court's scheduling order are linked in the far right column.

Please note the next hearing is scheduled in the U.S. Court of Federal Claims for October 22, 2010.

Thank you.

egk

April 19, 2010

Dear all:

Greetings.

The U.S. Supreme Court denied the petition for writ of certiorari today.

The next step is to return to the U.S. Court of Federal Claims since the U.S. Court of Appeals reversed the lower court decision and remanded for further proceedings.

Thank you for your patience.

Best regards.

egk

March 30, 2010

Dear all:

Greetings.

I have received the question, "Now that the briefs are filed, what happens next?"

Based on my understanding of the U.S. Supreme Court's schedule, the petitions will be considered on April 16, 2010. The Court will issue an order, likely on April 19th, granting or denying the petition.

As always, I thank you for your patience.

Best regards.

egk

March 29, 2010

Dear all:

Greetings.

Please find linked to this webpage in the right-hand column a copy of the Wolfchild petitioners' reply brief filed in the U.S. Supreme Court.

Best regards.

egk

March 26, 2010

Dear all:

Greetings.

We are working on the reply brief. The brief will be posted on-line on Monday. Thank you for your patience.

Best regards.

egk

March 15, 2010

Dear all:

Greetings.

The response brief of the Solicitor General of the United States was filed today in the U.S. Supreme Court. A copy of the brief is linked to this page at the top of the right hand column.

The reply brief is due in 10 days on March 26, 2010.

Please check back regularly for more updates.

egk

February 4, 2010

Dear all:

Greetings.

I received notice yesterday that the Solicitor General of the United States requested a 30 day extension for filing its response and that the United States Supreme Court granted the request.

So, now, the Solicitor General's response is due on March 15, 2010.

You can follow the docket by clicking ondocket.

Best regards.

egk

January 13, 2010

Dear all:

Greetings.

On January 13th, the Supreme Court of the United States requested that the Solicitor General of the United States file a response to the Wolfchild and Zephier petitions.

The Solicitor General's response is due on February 12, 2010.

You can follow the docket by clicking ondocket.

Please check this website for more updates.

egk

January 9, 2010

Dear all:

Greetings.

The U.S. Supreme Court is in session. The petitions in the Wolfchild case will be considered by the Court on Friday, January 15th.

Customarily, the order denying or granting the petitions for writs of certiorari considered on January 15th would be issued by the Court the following Monday, January 18th.

To familiarize yourself with the legal issues before the U.S. Supreme Court, I recommend you read the petitions in the right hand column, the responsdent's brief and the amicus briefs.

Best regards.

egk

December 30, 2009

Dear all:

Greetings.

Today, the petitions filed in the U.S. Supreme Court in the Wolfchild case were submitted to be considered at the conference of January 15, 2010.

You can follow the docket by clicking here.

Best regards.

egk

December 20, 2009

Dear all:

Happy Holidays!

The briefing on the Petition to the U.S. Supreme Court for discretionary review is likely completed. Now, the Court will decide whether to grant the petition and review the case.

In the end, five briefs were filed: (1) Wolfchild petitioners; (2) Zephier petitions; (3) the Johnson Law Group response brief; (4) the Oglala Lakota Sioux (South Dakota) amicus brief; and (5) the Shingle Springs Miwok (California) amicus curiae brief. All are linked to this page in the right-hand column.

All five briefs agree that the petition should be granted.

Four additional points should be made regarding those interested parties who chose not to file a response brief despite the seriousness of the matters addressed in the five petitions and briefs referenced above.

First, the United States did not file a response.

Second, the Shakopee Mdewakanton Sioux Community did not file a response.

Third, the Prairie Island Indian Community did not file a response.

Fourth, the Lower Sioux Indian Community did not file a response.

Why not?

Best regards.

egk

------------IMPORTANT NOTICE-------------

November 24, 2009

Dear clients:

Happy Thanksgiving!

[This letter is sent to solicit donations from Mohrman & Kaardal, P.A. clients only. I am asking Mohrman & Kaardal clients to consider making a donation to cover Mohrman & Kaardal's costs of the appeals in this case. Intervenor-plaintiffs should not send donations to Mohrman & Kaardal, P.A.]

As you already know, on November 6, 2009, we filed the United States Court Petition for Writ of Certiorari Sheldon Peters Wolfchild, et al. v. U.S.

This letter is a solicitation to raise funds to pay for the printing costs of the petition and appendix to the U.S. Supreme Court. These costs to date total about $15,000. This amount does not include attorney's fees. We need your help to offset the cost of the appeal. Please consider contributing $10, $100, $1000 or whatever you can to help fund the appeal. Any donation, no matter how large or small, is greatly appreciated.

Donations from Mohrman & Kaardal clients should be mailed to:

Mohrman & Kaardal P.A.

Re. Wolfchild Appeal Costs

33 South Sixth Street, Ste. 4100

Minneapolis MN 55402

For those who have already contributed to fund the appeal, thank you.

Best regards.

egk

November 6, 2009

Dear all:

We did it!

Today, the 1886 Mdewakanton filed their petition for writ of certiorari in the United States Supreme Court. A copy is linked to this page in the right-hand column.

Please read it to keep informed of developments in the case.

The government's response is due in 30 days.

Thank you.

egk

August 22, 2009

Dear all:

Yesterday, the Supreme Court of the United States granted a 60 day extension to filing the petition for discretionary review of the March 10, 2009 decision of the U.S. Court of Appeals for the Federal Circuit.

The filing date is now November 6, 2009.

Counsel for plaintiffs and intervenors continue to work together to complete the petition(s) prior to the Court's re-set deadline.

Thank you for your patience.

egk

June 12, 2009

Dear all:

Greetings.

Yesterday, the U.S. Court of Appeals for the Federal Circuit denied the Plaintiffs' petition for a rehearing en banc.

The Plaintiffs now have 90 days to petition the U.S. Supreme Court for review.

Thank you.

egk

April 24, 2009

Dear all:

Greetings.

Please find linked to this website in the right hand column copies of two petitions for the U.S. Court of Appeals for the Federal Circuit to review en banc (12 judges) the 3-judge panel decision dated March 10, 2009. One petition was filed by Wolfchild Plaintiffs-Appellees. One petition was filed by the Lower Sioux Indian Community. We recommend you read them both.

It will take several weeks for the court to determine whether to grant discretionary review.

Thanks for your patience.

egk

------------Important Notice------------------

April 8, 2009

Dear clients:

[This letter is sent to solicit donations from Mohrman & Kaardal, P.A. clients only. I am asking Mohrman & Kaardal clients to make a donation to cover Mohrman & Kardal's costs of the appeals in this case. Intervenor-plaintiffs should not send donations to Mohrman & Kaardal, P.A.]

Greetings.

As you already know, on March 10, 2009, the United States Court of Appeals for the Federal Circuit decided against plaintiffs. We are reviewing the options for appeal.

First, we will ask the Court of Appeals en banc (i.e. all 12 judges) to review the three-judge panel decision. This is done through a special request called a "petition for en banc review."

Second, if the Court of Appeals denies the petition for en banc review, we will then petition the U.S. Supreme Court for review.

We are now asking for DONATIONS for the appeals process. For example, if we appeal to the U.S. Supreme Court, the anticipated printing costs to satisfy the court's rules, not attorney's fees, are expected to exceed $25,000.

We need your help to offset the cost of the appeal. Please consider contributing $5,000, $500, $50 or whatever you can to help fund the appeal. Any donation, no matter how large or small, is greatly appreciated. Donations from Mohrman & Kaardal clients should be mailed to:

Mohrman & Kaardal P.A.

Re. Wolfchild Appeal Costs

33 South Sixth Street, Ste. 4100

Minneapolis MN 55402

For those who have already contributed to fund the appeal, thank you.

Best regards.

egk

March 11, 2009

Dear all:

Greetings.

I will be holding a meeting on Thursday, March 19, 2009 at 7:00 PM in the Ballroom at Jackpot Junction Casino, Morton, MN. All plaintiffs and their families are invited to attend.

Best Regards.

egk

March 10, 2009

Dear all:

Greetings.

The Federal Circuit issued an opinion today holding that the government won. Plaintiffs lost.

Counsel for Wolfchild plaintiffs are reviewing appeal options.

A copy of the opinion is linked in the right-hand column.

Please check this website for updates.

Best regards.

egk

March 9, 2009

Dear all:

Greetings.

Please find in the right-hand column the response of the U.S. Department of Justice attorney to Wolfchild plaintiffs' supplemental authorities letter.

Best regards.

egk

March 4, 2009

Dear all:

Greetings.

Last week, the United States Supreme Court made a decision in the Carcieri case. The legal decisions they made are useful in our case. I sent a supplemental authorities letter to the Federal Circuit panel that heard the case on December 5, 2008. I have linked the opinion and the supplemental authorities letter in the right hand column.

We are, of course, still waiting for the Federal Circuit's decision. Thank you for your patience.

egk

December 6, 2008

Dear all:

Greetings. The hearing yesterday before the three judge panel of the U.S. Court of Appeals for the Federal Circuit in Washington D.C. went well.

The judges were: Judge Randall R. Rader, Judge William C. Bryson and Judge Sharon Prost.

Great news. The audiotape of the oral argument is available. I have linked it in the right hand column along with the judicial biographies of the judges who are on the three-judge panel. When you get the webpage for the audiotapes, type in "Wolfchild."

After the hearing, the Lower Sioux Indian Community Council sponsored a luncheon at the Smithsonian Institute's National Museum of American Indians. I spoke at the event and gave background to the appellate process. I described how the oral argument went.

I also went into how we shall proceed after the appeal. After the appellate opinion is issued in the coming months, more meetings will be arranged in Minnesota, South Dakota, Nebraska and elsewhere.

It was the first time I had ever spoken at the Smithsonian Institute. A good time was had by all.

Please continue to check this website for updates.

egk