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Wolfchild Class Action Lawsuit Information

WOLFCHILD LAWSUIT CLIENT UP-DATES
POSTED: August 23, 2010
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JULIA DUMARCE GROUP ET AL., which includes all of my clients filed their Fourth Amended Complaint on June 26, 2010. Included in that amended complaint were causes of action relating to violation of the"statutory use restriction" and "statutory obligation" of the United States relating to lands referred to as the 1886 lands. In addition, the latter cause of action relates specifically to the failure of the federal government to allot and set apart lands for the loyal Mdewakanton based upon the February 16, 1863 Act, which includes language to their "heirs forever".
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We are again back at the Court of Claims for further proceedings after the Supreme Court denied our Petition for Certiorari. The Plaintiff’s attorneys have decided to amend their complaints to include a cause of action for breach of a “statutory use restriction” by the government concerning certain funds now held in trust to best of our knowledge and damages. Damages will include we will argue the gaming revenues from each of the three (3) gaming communities.
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A. Appropriation Acts Established a Statutory Use Restriction; B. The government has violated the statutory use restriction by failing to distribute those communities' profits collected in a Statutory Use Restriction Account and by failing to collect and distribute other communities' profits through a Statutory Use Restriction Account for equal distribution to the 1886 Mdewakanton -- instead the moneys have been acquired by the communities and distributed as per capita payments to the community members; C. Interior's failure to properly administer the Statutory Use Restriction Account has caused economic injury to the 1886 Mdewakanton; D. The 1886 Mdewakanton are entitled to damages for Interior's violations of the Statutory Use Restriction. We will also amend to include arguments that I have made since the beginning of my representation regarding the importance of the 1863 Act relating to the language “to their heirs forever.” This argument will be brought forth more stringently in an attempt to bring the trust responsibility issue to the forefront again. Based upon a telephonic conference held on May 11, 2010 with Judge Lettow, which included all Plaintiff groups and their attorneys, as well as the Government’s attorneys; the Court issued the following Scheduling Order.
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MOTION TO AMEND COMPLAINT
Plaintiff’s Motion to Amend Complaint June 11, 2010; Defendant’s Response (government) July 26, 2010; Plaintiff’s Reply September 20, 2010.
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DISPOSITIVE MOTIONS
Defendant’s Dispositive Motion June 11, 2010; Plaintiff’s Response and Cross Motion August 9, 2010; Defendant’s Response and Reply September 20, 2010; Plaintiff’s Reply October 14, 2010. Hearing Washington, D.C. October 21, 2010 National Courts Building
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If you intend on staying in the case you will need to make sure your fees are paid up and current. When my office amends our Complaint, some names may be excluded and removed due to the fact that we have not heard from nearly 1200 adult clients for over two (2) years now and have receive little or no fees. This case will proceed with only those clients that are serious about following through with the merits of the case as I am and those who are not serious should not be involved.
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You all know who you are and if we do not hear from you either by e-mail or by telephone on or before June 2, 2010, we will not include your name on the amended complaint for damages.
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I am committed to representing everyone, but I cannot and will not represent those who do not assist us in their own representation. None of the attorneys for the Plaintiffs has withdrawn or given up on the factual basis of this case and all are committed as I am to following through till the end.
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I hope to hear from those clients who have not kept in touch with our office as to what they have decided.
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If you decide to terminate and not be included in the lawsuit and desire to have your packet returned. There will be a $20.00 fee for locating your packet, packing it up for mailing and mailing costs.
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THE FOLLOWING FEES SHOULD BE PAID TO DATE FOR 2010: January 15, 2010-$15.00; March 1, 2010-$15.00; April 15, 2010-$15.00; June 1, 2010-$15.00; July 15, 2010-$15.00; August 30, 2010-$15.00 October 15, 2010-$20.00 November 20, 2010-$20.00 No more fees for the fiscal year of 2010 These will be the fees due for the first half of FY 2010 year.
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Minors do not pay any additional fees, however, once they have turned 21, they are requried to pay the adult fee owing once they become 21 years of age.
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PRIOR NOTICES REGARDING CASE PROCEEDINGS: THE UNITED STATES COURT OF APPEALS, ISSUED A DECISION AND REMANDED THE CASE BACK TO THE COURT OF CLAIMS ON TWO ISSUES. THOSE ISSUES INVOLVE THE MONIES NOW IN AN ACCOUNT FOR THE LOYAL MDEWAKANTON THAT HAS NOT BEEN DISTRIBUTED AND WHETHER THE UNITED STATES COMMITTED MALFEASANCE IN ITS DEALING WITH THE LANDS AT ISSUE. ALTHOUGH, WE HAVE BEEN HIT WITH A SEVERE BLOW RELATING TO THE TRUST ISSUES WHEN THE UNITED STATES COURT OF APPEALS REVERSED THE COURT OF CLAIMS, HOLDING THAT NO TRUST EXISTED BASED UPON THE THREE (3) APPROPRIATION ACTS AND, CONSEQUENTLY, NO BREACH HAS THUS OCCURRED. WE HAVE APPEALED THAT DECISION AND REQUESTED RECONSIDERATION BASED UPON ADDITIONAL ARGUMENTS. HOWEVER, THE UNITED STATES COURT OF APPEALS DENIED OUR REQUEST FOR RECONSIDERATION. WE HAVE APPEALED THAT DECISION NOW TO THE UNITED STATES SUPREME COURT. WE HAVE FINISHED OUR PETITION FOR CERTEIROI TO THE UNITED STATES SUPPREME COURT AND WILL BE BACK IN FRONT OF THE COURT OF CLAIMS HOPEFULLY BEFORE THE END OF THE YEAR ON THE ACCOUNT MONIES THAT WERE PAID BACK IN THE 1940'S FOR LANDS TAKEN FROM THE LOYAL MDEWAKANTON AND WHETHER THE GOVERNMENT COMMITTED MALFEASANCE IN RELATIONSHIP TO SAID LANDS. I AND THREE (3) OTHER ATTORNEYS HAVE FILED A PETITION FOR CERTEIROI ON DECEMBER 6, 2009, REQUESTING THAT THE UNITED SUPREME COURT REVIEW THE DECISION OF THE UNITED STATES COURT OF APPEALS, WHICH HELD NO TRUST EXISTED BASED UPON THE 1888, 1889 AND 1990 APPROPRIATION ACTS FOR THE LOYAL MDEWAKANTON. OUR PETITION ARGUED THREE DIFFERENT AREAS: 1. HISTORIC FACTS LEADING UP TO THE ALLEGED UP-RISING OF 1862; 2. THE 1863 ACT WHICH STATED TO THEIR "HEIRS FOREVER" CREATED THE TRUST AS SUCH WAS AN ENABLING ACT FOR THE THREE (3) APPROPRIATION ACTS OF 1888, 1889, 1890; 3. THE GOVERNMENT'S ACKNOWLEDEMENT OF A TRUST OVER THE PAST ONE HUNDRED YEARS OR SO, "JUDICIALLY ESTOPPED" THE GOVERNMENT FROM NOW ARGUING NO TRUST WAS CREATED FOR THE LOYAL MDEWAKANTON IN RELATIONSHIP TO THE LANDS IN QUESTION. WE ALSO INCORPORATED BY REFERENCE ALL THE ARGUMENTS MADE BY KAARDAL AND HIS CLIENTS IN THEIR PETITION FOR CERTEIROI. HOPEFULLY THE COURT WILL HEAR OUR CASE BUT WE WILL NO KNOW FOR AT LEAST FOUR TO SIX MONTHS. THE GOVERNMENT FINALLY REPLIED ON MARCH 16, 2010, TO OUR PETITION FOR CERT. TO THE UNITED STATES SUPREME COURT. NOW WE MUST JUST WAIT TO SEE WHAT IS DECIDED, WE WILL KEEP YOU POSTED.
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The United States Supreme Court denied the petitioners in the Wolfchild et al. case their Writ of Certiorari, consequently, our appeal will not be heard by that Court. We are however, having a telephone conference with all the plaintiff’s legal counsel on April 23, 2010 to discuss our alternatives to this set-back.
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We will continue our case in the United States Court of Claims regarding our other issues that need to be resolved judicially relating to malfeasance and misfeasance of the government regarding their oversight of assets belonging to the loyal Mdewakanton. Further, there is the issue of monies still in trust for the loyal Mdewakanton relating to certain lands were transferred to the United States government. Those monies remain in trust.
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In addition we will attempt to attack the decision of the United States Court of Appeals for the Federal District on other grounds. In essence the case is not over and we will continue to push forward. If you desire to remove your name from our listing, just let us know and well take the necessary steps to accomplish your request to be dropped from the case. Stay positive and we will continue to pursue any and all claims of the loyal Mdewakanton.
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Like the miner's canary, the Indian marks the shifts from the fresh air to poison gas in our political atmosphere; and our treatment of Indians, even more than our treatment of other minorities, reflects the rise and fall in our democratic faith .... Felix S. Cohen (1953) A good man takes care of those in his own family circle, but a great man takes care of those less fortunate and outside of his family circle. Jon Brings Three White Horses (2006)
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CLIENT MEETINGS
No client meetings are scheduled.
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NOTICE OF INDIVIDUAL CLIENT REQUIREMENTS IF YOU HAVE NOT SUBMITTED A PACKET
EACH CLIENT MUST SUBMIT AN INDIVIDUAL PACKET, INCLUDING ALL MINOR(S) WHO ARE AFFILIATED WITH THE SPECIFIC CLIENT. FAMILY PACKETS ARE NOT PERMITTED AS PER ORDER OF THE COURT.
NOTICE
EACH ADULT PACKET WIILL REQUIRE A $25.00 PROCESSING FEE, WHICH IS NON-REFUNDABLE TO COVER ALL COSTS ASSOCIATED WITH ADMINISTRATIVE REVIEW AND MAILING TO THE UNITED STATES COURT OF FEDERAL CLAIMS. IF A PACKET IS RECEIVED WITHOUT THE $25.00 FEE IT WILL BE RETURNED COD TO THE SENDER.
EACH CLIENT PACKET MUST BE BOUND-EITHER PROFESSIONALLY OR BY OTHER MEANS THAT ENSURES THAT THE CONTENTS WILL REMAIN IN THE CLEAR AND ORGANIZED MANNER IN WHICH THEY WERE SUBMITTED.
EACH CLIENT PACKET MUST CONTAIN THE FOLLOWING:
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1. COVER PAGE COVER PAGE SHOULD SHOW THE NAME OF THE ADULT CLIENT AND AFFILLIATED MINORS. Beneath the adult clients name should be their current address and contact information. A list of all minors with DOB(s) AT THE BOTTOM OF THE PAGE: THE NAME OF THE MDEWAKANTON ANCESTOR THAT YOU ARE RELATED TO AND THEIR DOB AND DATE OF DEATH IF KNOWN
EXAMPLE:
CLIENT: JOHN DOE 444 1ST AVE PIERRE, SD 57501 MINORS: JANE DOE DOB: 10/10/1999 JOHN DOE JR. DOB: 11/11/2003 MDEWAKANTON ANCESTOR: JOHN TRUDELL DOB______ DIED _______
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2. EACH PACKET SHALL CONTAIN A TABLE OF CONTENTS TABLE OF CONTENTS SHOULD INCLUDE ALL RELEVENT DOCUMENTATION COPIES OF ORIGINAL BIRTH CERTIFICATES SHALL BE MANDATORY. ANCESTOR DOCUMENTATION SHOULD BE COPY OF ORIGINAL IF AVAILABLE OR CERTIFIED BY THE ORGANIZATION FROM WHICH THE DOCUMENTATION WAS OBTAINED.
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3. EACH PACKET SHALL CONTAIN A FAMILY TREE SUBSEQUENT TO THE TABLE OF CONTENTS SHOULD BE A FAMILY TREE, BIA FAMILY TREES ARE PREFERRED, BUT ANY FAMILY TREE THAT CAN BE SUBSTANTIATED BY LEGAL DOCUMENTATION WILL BE PERMITTED, UNLESS OTHERWISE SPECIFIED BY THE COURT.
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4. SUB-SECTIONS OF DOCUMENTATION THE SUBSEQUENT PAGES SHALL BE IDENTIFIED WITH A COVER SHEET DIVIDING OR SEPARATING EACH DOCUMENT THAT SUBSTANTIATES OR PROVES THE FAMILY TREE LISTINGS.
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5. DOCUMENTATION OF ANCESTOR IN RELATION TO THE LISTS TO BE CONSIDERED BY THE COURT IN DETERMINING BENEFICIARIES The following is from the opinion issued by the Court August 22, 2006 http://www.uscfc.uscourts.gov/Opinions/Lettow/06/LETTOW.WOLFCHILD- CERMAK.082206.pdf
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THE FINAL PAGES SHALL INCLUDE THE CITING OR PROOF OF ANCESTOR ON THE 1886, 1889 CENSUSES, OR OF A MDEWAKANTON INDIVIDUALS RESIDING IN MINNESOTA OR REMOVING THERETO AT THE TIME OF THE CENSUSES. IF USING THE 1899 AND 1917-1924 MCLAUGHLIN ROLL AS SUPPLEMENTAL DOCUMENTATION, REMEMBER THE ANCESTOR OR ANCESTORS MUST HAVE BEEN LOCATED IN MINNESOTA DURING A PERIOD OF TIME RELEVANT TO THE LISTS CONSIDERED BY THE COURT. EXAMPLE: MAY 1886 TO CIRCA 1905. IF YOU ARE AN INTERVENING PLAINTIFF WHOSE ANCESTOR IS A LOYAL MDEWAKANTON BUT NOT RELYING UPON INCLUSION IN THE 1886 OR 1889 CENSUS, INCLUDE IN THIS SECTION OF YOUR PACKET THE DOCUMENTATION THAT PROVES FOR EXAMPLE: THE ELROD LIST OF SCOUTS, SAMUEL BROWN�S LIST OF SCOUTS OR OTHER RECORD
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6. SUBMITTING PACKETS IT IS SUGGESTED THAT EACH FAMILY ELECT A SPOKESPERSON TO ACT IN THE CAPACITY OF A COLLECTION PERSON FOR ALL PACKETS TO REVIEW FOR COMPLETENESS. PLEASE SEND IN ALL FAMLY PACKETS IN ONE BOX OR SEVERAL BOXES, IDENTIFING THE FAMILY ON THE OUTSIDE OF THE BOX OR BOXES AND THE COMMON ANCESTOR EACH DESCENDS FROM.
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7. WE WILL NOT ACCEPT SUBMITTED DOCUMENTS THAT ARE NOT IN A COMPLETED PACKET OR RANDOM SUBMISSIONS OF BIRTH CERTIFICATES, ETC. SHOULD YOU SEND IN RANDOM DOCUMENTS WE WILL ATTEMPT TO RETURN THEM AND WILL CHARGE THE CLIENT MAILING COSTS. ALL PACKETS MUST BE SUBMITTED TO OUR OFFICE BY JANUARY 30, 2007. HOWEVER, IF YOU NEED AN EXTENSION YOU MAY CONTACT US AND WE WILL WORK WITH YOU TO MAKE A DETERMINATION OF A DATE THAT IS APPROPRIATE FOR YOUR SITUATION. ANY PACKETS THAT ARE SUBMITTED THAT ARE NOT COMPLETE AND MUST BE RETURNED TO THE CLIENT OR ARE LATE - THE CLIENT WILL BE CHARGED AN ADDITIONAL ADMINISTRATION FEE OF $20.00 AND POSTAGE. IF PACKET FEES ARE NOT PAID BY JULY 10, 2007, CLIENTS INFORMATION WILL NOT BE FORWARDED ON TO THE COURT AND THEIR NAMES MAY BE REMOVED, PURSUANT TO MOTION TO CORRECT REVISED THIRD AMENDED COMPLAINT. IF YOU'RE NAME IS REMOVED AS AN INTERVENOR/PLAINTIFF YOU WILL HAVE TO RETAIN OTHER COUNSEL AND FILE A SEPARATE LAWSUIT.>/strong>
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*Clients are responsible to research their own individual ancestry, we have never indicated we will research on behalf of any clients.
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Clients who have concerns or questions regarding this case should contact the office of Montana & Associates directly. Please keep in mind that our office represents over 4,000 clients on this case alone, thus, we receive a large volume of telephone calls and e-mails every day. All clients are equally important to our firm and we will try our best to respond to each and every communication in a timely fashion. Our telephone number is 715.597.6464 and e-mail address is lakotagm@yahoo.com.