Free Order on Motion to Amend/Correct - District Court of Connecticut - Connecticut

' Case 3:00-cv-00820-PCD Document 62 Filed 12/12/2003 Page 1 of 3
l
lf § tiff
UNITED STATES DISTRICT COURT :* L , _,.. .
DISTRICT on CONNECTICUTZHH} DEU ' 2 ID 2* UB O
1
UNITED STATES OF AMERICA, : FEM di V"N’( G wh` \
Plaintiff, :
: Case N0: H-85-1078 (PCD) |
V. 3 _
43.47 ACRES OF LAND, MORE OR i
LESS, SITUATED IN THE COUNTY OF :
LITCHFIELD, TOWN OF KENT, ET AL., :
Defendants :
SCHAGI-ITICOKE TRIBAL NATION :
Plaintiff :
: Case No. 3:98cv11l3 (PCD)
V. I
KENT SCHOOL
Defendant, :
SCHAGHTICOKE TRIBAL NATION :
Plaintiff, :
: Case N0. 3:00cv820 (PCD)
V. I
UNITED STATES OF AMERICA AND
CONNECTICUT LIGHT AND POWER : A
COMPANY :
Defendants. :
RULING ON MOTION TO AMEND SCHEDULING ORDER
Defendants Kent School Corporation, Inc., the Town 0f Kent, The Connecticut Light and
Power Company, and the amicus State of Connecticut move to amend [Doc. Nos. 210, 142, and
55] this Court's Scheduling Order ofMay 8, 2001 [Doc. Nos.170, 105, and 33]. Movants seek to
amend to Scheduling Order to allow submission of two items: 1) A letter from Schaghticoke
l
I

' Case 3:00-cv-00820-PCD Document 62 Filed 12/12/2003 Page 2 of 3
Indian Tribe members disavowing their intent to join the Schaghticoke Tribal Nation; and 2) A
transcript of an interview with Irving Harris. These items were submitted to the Bureau of Indian
Affairs ("BIA") after the close of the reply period and the BIA declined to accept the evidence {
absent a modification of the Scheduling Order by this Court. Movants allege that consideration
ofthe new evidence is necessary for the BIA to be able to conduct a proper evaluation of the
Schaghticoke Tribal Nation petition. l
Although, the Schaghticoke Tribal Nation initially objected to allowing the submission of
the evidence, g STN Mem. Opp. Motion to Amend at 3-11 (arguing that admission ofthe new
information would amount to an improper sur-reply), it has subsequently modified its position to i
mirror that of the United States. See STN Response to Gov‘t Supplemental Mem. at 2-3
(accepting govern1nent's representations as to the appropriateness of considering the items).' The
United States represents that the submission of this new evidence will not delay the issuance of
the final determination and that the Office of Federal Acknowledgments ("OFA") "routine
verification practice" would necessarily include inquiries to "the persons at issue, the petitioner, I
and pertinent interested parties" anyway. Supplemental Mem. by United States at 3; g gse 65
Fed. Reg. 7,052 (February ll, 2000) (Research shall be conducted as "needed to verify and
evaluate the materials presented by the petitioner and submitted by third parties"). Thus, the
United States maintains that consideration ofthe evidence "would actually speed the independent
evaluation by OFA researchers." Q.
As there is currently no objection to the submission and consideration of the new
I The Schaghticoke Tribal Nation, however, does not alter its position that the accusations of
impropriety contained in the information to be submitted are false. STN Response to Gov‘t
Supplemental Mem. at 2.
2 l

a
Case 3:00-cv-00820-PCD Document 62 Filed 12/12/2003 Page 3 of 3
evidence, the Motion to Amend [Doc. Nos. 210, 142, and 55] is granted, and it is hereby ordered
that the BIA accept the two items submitted by Movants. However, all deadlines established by
the Scheduling Order remain in effect and are not altered by this Ruling.
1
so omnmso.
Dated at New Haven, Connecticut. Decembei / { , 2003.
Peter C. Dorsey, UQS. Détrict Judge 1
United States District Court
l

l