Free Motion to Amend Pleadings - Rule 15 - District Court of Federal Claims - federal

Case 1:03-cv-02684-CFL

Document 528

Filed 08/18/2007

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS NO 03-2684-L SHELDON PETERS WOLFCHILD, et al. Honorable Charles F. Lettow Plaintiffs, v. UNITED STATES, Defendant.

RENAUD JOHN DOES' NOTICE OF SECOND MOTION AND SECOND MOTION TO AMEND COMPLAINT IN INTERVENTION
AND

ENTRY OF A PROTECTIVE ORDER TO FILE AS ANONYMOUS PLAINTIFFS

The undersigned counsel for the Renaud John Doe Descendants of the Loyal Mdewakanton Sioux hereby move for leave to file a Second Amended Complaint, amending the number of Renaud John Doe plaintiffs from 1091 in number to 1110 in total number. The Motion is made under United States Court of Federal Claims Rules 24(a), 24(b), 15, and 60, and the Court's Orders of October 27, 2004, December 16, 2005 and August 22, 2006. The basis for the Motion is that 19 additional individuals have been identified as "newborns" of the individuals who are current plaintiffs in this case, represented by this law office. The 19 "newborns" were born after May 1, 2006, and have at least one natural parent who is a current intervening plaintiff in this case represented by this law firm. Within the client listing of these additional 19 plaintiffs, reference is made to the parent of the newborn, who is listed by the plaintiff's Renaud John Doe number. The birth date of the "newborn" is also listed. The "newborns" identified are, therefore, descendants of Loyal Mdewakanton Sioux. See accompanying Second Disclosure of Renaud John Doe Plaintiffs' List (including "newborns"). Renaud John Doe Plaintiffs in Intervention hereby move the Court to allow Amendment of their Complaint to Amend the Number of John Doe Plaintiffs from the number 1091 to the number 1110 in total.

Case 1:03-cv-02684-CFL

Document 528

Filed 08/18/2007

Page 2 of 2

Pursuant to the Court's orders filed October 27, 2004 and December 16, 2005, plaintiffs seek leave to intervene as anonymous plaintiffs, with their identities protected. The additional plaintiffs herein claim the same grounds as the other parties that were granted leave to file anonymously. They aver as either members of an Mdewakanton Community, or who are applying for membership in such a Community, that they may face retaliation by their respective Community. Attached hereto is a proposed Renaud John Doe Second Amended Complaint in Intervention to be filed pursuant to RCFC 24 that sets forth the claims by those seeking Intervention into the above referenced action. The only change to the Second Amended Complaint is the change in the total number of intervening plaintiffs from 1091 to the number 1110. The plaintiffs move this Court to keep their identities under seal and protection of the Court. Therefore, they submit their names for public filing as Renaud John Doe Plaintiffs, in numeric order, 0001 through 1110. Dated this 18th day of August. 2007.

/s/ Barry P. Hogan James L. Blair Barry P. Hogan Renaud Cook Drury & Mesaros, PA One North Central, Suite 900 Phoenix, Arizona 85004-4417
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