Case 2:09-cv JLQ ECF No. 357 filed 07/18/18 PageID.5099 Page 1 of 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON

Similar documents
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case 1:15-mc ESH Document 14 Filed 05/05/15 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

BETTS, PATTERSON & MINES P.S. Christopher W. Tompkins (WSBA #11686) 701 Pike Street, Suite 1400 Seattle, WA

THE CONFEDERATED TRIBES OF THE COLVILLE RESERVATION Health and Human Services Department Social Services Program

Case 2:12-cv FMO-PJW Document 596 Filed 09/07/17 Page 1 of 46 Page ID #:9163 FILED CLERK, U.S. DISTRICT COURT UNITED STATES DISTRICT COURT

VERIFIED COMPLAINT FOR TERMPORARY RESTRAINING ORDER AND A PRELIMINARY AND PERMANENT INJUCTION AND DECLARATORY RELIEF INTRODUCTION

Case 1:10-cv ESH -HHK Document 14 Filed 07/15/10 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Subject: Wallowa Falls Hydroelectric Project (FERC Project No. 308) Filing of Initial Study Report for Integrated Licensing Process

Case 1:12-cv BAH Document 9 Filed 08/09/12 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

CASE NO CA IN THE SUPREME COURT OF MISSISSIPPI

Case: 1:10-cv Document #: 74-1 Filed: 04/15/11 Page 1 of 7 PageID #:2403 EXHIBIT A

Case 1:14-cv S-PAS Document 59 Filed 11/01/16 Page 1 of 10 PageID #: 617 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND

Case 1:17-cv APM Document 29 Filed 11/13/17 Page 1 of 8 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Grant Seeking Grant Writing And Lobbying Services

Case 1:16-cv ABJ Document 19 Filed 06/01/16 Page 1 of 21 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 4:17-cv Document 1 Filed 07/27/17 Page 1 of 10 PageID #: 1

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Case 1:13-cv MMS Document 333 Filed 06/10/16 Page 1 of 6 IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) ) ) ) ) ) )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. Plaintiff, Defendants.

AUGUSTA MENTAL HEALTH CONSENT DECREE BATES V. GLOVER AND IVES SUPERIOR COURT CIVIL ACTION DOCKET 89-88

Case 1:17-cv JEB Document 41 Filed 12/21/17 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

IN THE CIRCUIT COURT OF MONTGOMERY COUNTY, ALABAMA

Case 1:15-cv NMG Document 21 Filed 05/15/15 Page 1 of 6 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA. Plaintiff, CASE NO.

THIS MATTER came on for hearing before the undersigned, J. Randall May, Administrative Law Judge, on June 13, 2013, in High Point, North Carolina.

STATE OF FLORIDA BOARD OF NURSING. vs. Case No.: License No.: ARNP FINAL ORDER

STATE OF CONNECTICUT LABOR DEPARTMENT CONNECTICUT STATE BOARD OF LABOR RELATIONS

McIntosh, Sarah Miles v. Randstad

Case 3:17-cv JD Document 39 Filed 09/13/18 Page 1 of 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

MEDI-CAL (MC051) EDI ENROLLMENT INSTRUCTIONS

Case 1:16-cv JEB Document 81 Filed 01/17/17 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case: 1:15-cv SO Doc #: 34 Filed: 12/09/15 1 of 16. PageID #: 607

Nidia Cortes, Virgil Dantes, AnneMarie Heslop, Index No Curtis Witters, on Behalf of Themselves and Their RJI No.: ST8123 Children,

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ) ) ) ) ) ) ) ) ) ) ) ) ) Defendant.

Pawling Central School District 515 Route 22 Pawling, NY (845) (845) Fax

AUGUSTA MENTAL HEALTH CONSENT DECREE BATES V. GLOVER AND IVES SUPERIOR COURT CIVIL ACTION DOCKET 89-88

Case 2:09-cv FCD-KJM Document Filed 09/02/2009 Page 1 of 5

APPEARANCES. Pro Se Golden Apple Court Charlotte, NC 28215

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

SERVICE MEMBERS CIVIL RELIEF ACT

2018 Municipal Election Vote By Mail

Case 1:15-cv CRC Document 28 Filed 08/21/17 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OPINION AND ORDER

Case 1:13-cv PEC Document 51 Filed 11/26/14 Page 1 of 6 IN THE UNITED STATES COURT OF FEDERAL CLAIMS

Case 4:17-cv KGB Document 42 Filed 04/13/17 Page 1 of 7

NOTICE OF COURT ACTION

Case3:12-cv CRB Document224 Filed04/03/15 Page1 of 6

Case 1:13-cv RGS Document 12 Filed 04/04/14 Page 1 of 18 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

In the United States District Court for the District of Columbia

Case 1:05-cv CKK Document 262 Filed 01/19/17 Page 1 of 6 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

LEGISLATIVE REVIEW OF ADOPTED REGULATIONS--NRS 233B.066 Informational Statement LCB File No. R060-18

Case 2:14-cv MJP Document 63 Filed 10/06/14 Page 1 of 9

Case3:12-cv CRB Document270 Filed06/26/15 Page1 of 7 UNITED STATES DISTRICT COURT

UNITED STATES DISTRICT COURT DISTRICT OF ALASKA ) ) ) ) ) ) ) ) ) ) )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

ARGUED DECEMBER 12, 2016 DECIDED APRIL 11, 2017 IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

STEVEN HARDY and MARY LOUISE HARDY, husband and wife, Plaintiffs/Appellants, No. 1 CA-CV

NAY Deputy Agency Clerk

Request for Proposals

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

Case 1:17-cv TSC Document 21 Filed 01/18/18 Page 1 of 19 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) ) ) ) ) )

Case 2:17-cv Document 1 Filed 11/09/17 Page 1 of 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE

GO ABROAD SCHOLARSHIP

SERVICEMEMBERS CIVIL RELIEF ACT (SCRA)

RUDY SUDEN SCHOLARSHIP APPLICATION. STUDENT AND PARENT HANDBOOK Community Scholarship Committee Denton, Montana

ARMED SERVICES BOARD OF CONTRACT APPEALS

Savannah Entertainment Production Incentive Rebate Certification Application Effective Date:

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Your Medical Record Rights in New Mexico

STATE OF FLORIDA BOARD OF NURSING FINAL ORDER. This matter appeared before the Board of Nursing at a dulynoticed

Case 2:12-cv SM-KWR Document 257 Filed 05/22/15 Page 1 of 4 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

Case 1:16-cv JEB Document 218 Filed 05/04/17 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

UNITED STATES DISTRICT COURT WESTERN DIVISION

SHARED HOUSING PROOF OF RESIDENCE Family Living With Another Family

Case 3:16-cv SI Document 1 Filed 06/02/16 Page 1 of 12 UNITED STATES DISTRICT COURT DISTRICT OF OREGON PORTLAND DIVISION.

SPECIAL POWER OF ATTORNEY

CHAPTER 18 INFORMAL HEARINGS

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

YOUR RIGHTS REGARDING ADMISSION TO AND DISCHARGE FROM A HOSPITAL UNDER MASSACHUSETTS MENTAL HEALTH LAW

Case 1:17-cv CKK Document 39 Filed 01/09/18 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

ADMINISTRATIVE HEARINGS COUNTY OF WAKE 15 BSW PROPOSAL FOR DECISION

United States Department of the Interior BUREAU OF INDIAN EDUCATION Red Rock Day School P.O. Drawer 2007 Red Valley, Arizona 86544

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION COMPLAINT

THE SERVICEMEMBER S CIVIL RELIEF ACT (Current as of June 2010)

Case 1:15-cv ABJ Document 19 Filed 07/29/15 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Matter of Cumba v Fischer 2012 NY Slip Op 31859(U) May 22, 2012 Sup Ct, Franklin County Docket Number: Judge: S.

HOUSTON HOUSING AUTHORITY Public Housing Grievance Policy

to South Dakota law for breach of contract damages against the above-named Defendant. NATURE OF THE CAUSE OF ACTION

WINSTON SERGEANT MAURICE SERGEANT

COMMONWEALTH OF KENTUCKY BEFORE THE PUBLIC SERVICE COMMISSION

TRUE AND EXACT COPY OF ORIGINAL

Case 3:14-cr HEH Document 161 Filed 07/29/15 Page 1 of 6 PageID# 1719 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA

February 20, RE: In Support of Fee Wavier for Freedom of Information Act Request Number: (FP )

Stateside Legal Letter Packet Letter from Servicemember Motion for Stay of Proceedings (Protections under the Servicemembers Civil Relief Act)

MILITARY CIVIL RELIEF ACT (excerpts) 51 Pa.C.S et seq. (see section 7315 for lease termination provisions) TABLE OF CONTENTS

Schaghticoke Tribal Nation v. Kent School Corporation Inc.

March 27, Dear Ms. Ritta:

Case 3:10-cv WQH -AJB Document 19 Filed 10/29/10 Page 1 of 3

Matching Incentive Grant Program

Transcription:

Case :0-cv-000-JLQ ECF No. filed 0// PageID.0 Page of 0 JOSEPH H. HARRINGTON United States Attorney Joseph P. Derrig Assistant United States Attorney Post Office Box Spokane, WA - Telephone: (0) - PAUL GRONDAL, a Washington resident; and THE MILL BAY MEMBERS ASSOCIATION, INC., a Washington Non-Profit Corporation UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON Plaintiffs/Counter-Defendants, vs. UNITED STATES OF AMERICA; US DEPARTMENT OF INTERIOR; BUREAU OF INDIAN AFFAIRS, WAPATO HERITAGE, LLC, CONFEDERATED TRIBES OF THE COLVILLE RESERVATION, FRANCIS ABRAHAM, CATHERINE GARRISON, et al., allotees of Moses Allotment, Defendants/Cross-Defendants/Cross- Claimants/Counter-Defendants. NO. :0-CV-000-JLQ UNITED STATES RESPONSE TO ORDER DIRECTING ADDITIONAL FILINGS (ECF No. ) The Federal Defendant s respond to Court s Order (ECF No. ), with each of the questions posed by the Court answered in separately numbered paragraphs repeating the questions posed, as follows: (ECF No. ) -

Case :0-cv-000-JLQ ECF No. filed 0// PageID.00 Page of 0 () The role and/or statements and/or participation of the Government, the Colville Tribe and/or the Colville Tribe Enterprise Corporation in the 0 mediation and/or court proceedings. The Federal defendants had no role and did not participate in the 0 mediation other than certain BIA employees simply being there. See Mot. Hearing Trans. :-0 ( THE COURT: Well, they were there as I read the record. ). Mr. Nicholson, the Colville Indian Agency Superintendent at the time, testified that some of Wapato s heirs and Attorney Michael Arch asked him to attend the mediation. ECF No. -, Ex. at p. (Nicholson Dep. : :). Mr. Nicholson attended but did not participate. Id. As Mr. Nicholson put it, it would be like if you guys where in here having this meeting and I was out in the lobby. That s all the closer I got. I was in the building. That was it. Id. Mr. Nicholson was not even told what came of the mediation at that time. Id. (Nicholson Dep. :-). Mr. Nicholson s subordinates all had a similar experience. See e.g., ECF No. -, Ex. at p. (Joseph Dep. :- (in the lobby for about an hour)); Ex. at p. (Redthunder Dep. : : (just remembers being there but not involved)). Similarly, Federal Defendants were not parties to any of the state court actions nor does the record reflect Federal Defendant s employees participating in any state court proceedings. ECF No. -, Ex. at p. 0 (Nicholson Dep. :-). The United States ordered the Court files and minutes for each of the three State court cases. The minutes do not reflect participation by the Federal Defendants or any employees thereof. () The amount of rent money paid by the Mill Bay Members pursuant to the 0 Settlement Agreement that was passed on to the individual landowners, if any. ECF No. - at p., Ex C appears to show all rent money paid by Mill Bay Members pursuant to the 0 Settlement Agreement remains in an account held by Wapato Heritage, LLC. See also ECF No. - at p. (Jeff Web stating, From (ECF No. ) -

Case :0-cv-000-JLQ ECF No. filed 0// PageID.0 Page of 0 December, 0 to the present, Wapato received rent payments from Mill Bay Members Association totaling $0,.00. As the BIA refused to accept Wapato s rent payments, the funds have been reserved....). Although not pursuant to the settlement agreement, Federal Defendants do not deny that Wapato Heritage LLC paid the Indian landowners money in 0. ECF at p.. The record appears to reflect that $,. was paid by checks from Wapato Heritage LLC made out to the beneficial landowners. ECF No. at pp.-. The context of this payment has been previously explained. ECF No. at p.. [T]his payment by WHLLC to some of the beneficial landowners was simply meant as an enticement to the beneficial landowners to sign a year lease with WHLLC. Id. (citing briefings and Court Order at ECF 0 at p. ; ECF 0-; ECF No. at 0-, and ECF No. at p.). Each check included a note that read: The attached check represents 0% of your 0 & 0 MA- R.V. Park Rental Income. The remaining balance will be mailed upon receipt of your vote per the proposed MA- development. Warmest personal regards, Wapato Heritage LLC.. ECF No. at p.. (citing Exh. (Ct. Rec. 0- at, )). While the $,. appears to be close to 0% of the rents due under the Settlement Agreement for the years 0 and 0, there was no agreement between or among any of the parties that rent would be paid in whole or in part to the Lessors, other than what the Master Lease provided. ECF No. at p.. Furthermore, the United States has not found any provision in the settlement related to this $,000. ECF No. at p., n.. In context, the payment was an enticement to the beneficial landowners to sign a -year lease with WHLLC rather than pursuant to the settlement agreement. ECF No. at p.. /// /// /// (ECF No. ) -

Case :0-cv-000-JLQ ECF No. filed 0// PageID.0 Page of 0 () Whether there exists any transcript or other record of the Chelan County mediation proceedings and/or hearings or proceedings before the Chelan County Superior Court. The Federal Defendants ordered all records, including transcripts, for all three Chelan County cases, and contacted the mediator to determine whether he was in possession of any records. The mediator relayed that the only existing record he or his firm currently retains is the settlement agreement. The court records contain minutes but no transcript or audio recordings for the November, 0, hearing on a Motion For Approval of Class Action Settlement. Attached hereto as Exhibit A are the minutes from this proceeding. () If there are disputed facts, the parties shall identify those facts with specificity and present any additional evidence in support of their position. The United States does not believe there are any material disputes regarding the facts relevant to decide the legal issue regarding the trust status of MA- and consequently its motion for summary judgment on ejectment. See ECF Nos.,, 0 at p. -, 0. RESPECTFULLY SUBMITTED this th day of July,. JOSEPH H. HARRINGTON United States Attorney s/ Rudy J. Verschoor s/ Joseph P. Derrig RUDY J. VERSCHOOR JOSEPH P. DERRIG Assistant United States Attorneys USAWAE.JDerrigECF@usdoj.gov USAWAE.RVerschoorECF@usdoj.gov The Chelan County Court Administrative Assistant informs us that they did not begin audio recording hearings until October of. (ECF No. ) -

Case :0-cv-000-JLQ ECF No. filed 0// PageID.0 Page of 0 CERTIFICATE OF SERVICE I hereby certify under penalty of perjury that on July,, I caused to be delivered via the method listed below the document to which this Certificate of Service is attached (plus any exhibits and/or attachments) to the following: CERTIFICATE OF SERVICE I hereby certify under penalty of perjury that on July,, I caused to be delivered via the method listed below the document to which this Certificate of Service is attached (plus any exhibits and/or attachments) to the following: James M. Danielson: jimd@jdsalaw.com Brian C. Huber: brianh@jdsalaw.com Franklin L. Smith: frank@flyonsmith.com R. Bruce Johnston: bruce@rbrucejohnston.com Dana Cleveland: dana.cleveland@colvilletribes.com Dale M. Foreman: dale@daleforeman.com Matthew A. Mensik: mam@wittherspoonkelley.com Timothy M. Lawlor: tml@witherspoonkelley.com Joseph Finley: jos.finley@yahoo.com Jason D Avignon: Jason.davignon@colvilletribes.com and hereby certify that I have mailed by United States Postal Service the document to the following non-cm/ecf participants: Francis J Reyes PO Box Elmer City, WA -0 Enid T (Pierre) Marchand PO Box 0 Nespelem, WA -00 Jeffrey M Condon PO Box Omak, WA - Vivian Pierre PO Box Elmer City, WA -0 (ECF No. ) -

Case :0-cv-000-JLQ ECF No. filed 0// PageID.0 Page of 0 Arthur Dick P 0 Box Nespelem, WA -0 Annie Wapato 00 Jones Rd Wapato, WA - Mary J Garrison PO Box Seattle, WA - Francis J Abraham PO Box Spokane, WA - Sonia W (Wapato) Vanwoerkom 0 th St Lewiston, Id 0- Dwane Dick PO Box Nespelem, WA -0 Hannah Rae Dick PO Box Nespelem, WA -0 Kathleen M Dick PO Box Nespelem, WA -0 Lydia A Arneecher PO Box Wapato, WA -0 Paul G Wapato Jr S. Forest Estates Dr. Spokane, WA Catherine L (Gua) Garrison S th St Apt Tukwila, WA -0 Leonard M Wapato PO Box White Swan, WA -0 Stephen T Wapato N Franklin Ave Wenatchee, WA 0- (ECF No. ) -

Case :0-cv-000-JLQ ECF No. filed 0// PageID.0 Page of 0 Travis E Dick Hannah Dick Guardian of Travis E Dick PO Box Nespelem, WA -0 Jacqueline L. Wapato PO Box Lapwai, ID- 0-0 s/joseph P. Derrig Assistant United States Attorney (ECF No. ) -