Free Reply to Response to Motion - District Court of Connecticut - Connecticut

Case 2:85-cv-01078-PCD Document 214 Filed 12/08/2003 Page 1 of 4
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
O UNITED STATES OF AMERICA )
) .
Plaintiff, ) CIVIL ACTION
) NO. H-85-1078(PCD)
v. )
)
43.47 ACRES OF LAND, MORE OR LESS, )
SITUATED IN THE COUNTY OF )
LITCHFIELD, TOWN OF KENT, et al, )
)
Defendants. )
) * =l< =l< * * >l< * * *
SCHAGHTICOKE TRIBAL NATION )
I
Plaintiff ) CIVIL ACTION
) NO. 3-98-CV 01113 (PCD)
v. )
)
KENT SCHOOL CORPORATION, INC., et )
al )
Defendants. )
) >l< >|< >l= * >l¢ =l< * =l= =|=
SCHAGHTICOKE TRIBAL NATION )
)
Plaintiff, ) CIVIL ACTION
" ) NO. 3-00-CV 0820 (PCD)
v. ) y
) ,
THE UNITED STATES OF AMERICA AND )
THE CONNECTICUT LIGHT AND )
POWER COMPANY, et al )
Defendants. ) December 5, 2003
SCHAGHTICOKE TRIBAL NATION’S RESPONSE TO THE GOVERNMENT’S
SUPPLEMENTAL MEMORANDUM IN RESPONSE
TO MOTION TO AMEND THE SCHEDULING ORDER
The Schaghticoke Tribal Nation ("Tribe") previously objected to the Motion to Amend
the Scheduling Order to Allow the Submission of New Evidence ("the Motion") tiled in the
above-captioned case by the Defendants, Kent School Corporation, Inc., the Town of Kent, the
Connecticut Light and Power Company (collectively, "Defendants") and the Amicus State of


Case 2:85-cv-01078-PCD Document 214 Filed 12/08/2003 Page 2 of 4
A Connecticut ("Amicus"), on November 7, 2003. The Office of Federal Acknowledgement of the
Bureau of Indian Affairs ("the Govemment") initially indicated that it would accept the sur-reply
evidence submitted by the Defendants and Amicus only if the Scheduling Order in this case was
amended by the Court to allow for the submission. On December 3, 2003, the Government
supplemented its earlier response and altered its position.
The Government now takes the position that certain documentation submitted by the
Defendants and Amicus and the Tribe in connection with the Motion, could be useful to it in
verifying the evidence that was previously and properly submitted by the Tribe and all interested
parties. See Government’s Supp. Resp. at 3-4 ("the documentati0n"). The Government has also
made clear that the use of the documentation would not result in any delay of the
acknowledgement process or the deadlines set forth in the Court’s Scheduling Order. Id. at 3.
The Tribe maintains that the Defendants and Amicus levied unfounded and malicious
charges of misrepresentation against it in their Motion in an attempt to do that which they could
not legitimately do under the relevant regulations; improperly submit sur-reply evidence as
substantive proof of the ntunber of Tribe members. Like the Goverrmient, however, the Tribe
recognizes the importance of the issue of tribal membership to these acknowledgement
proceedings.
With this in mind, the Tribe accepts the Goverr1ment’s representations that (l) the
documentation could be of assistance to it in verifying the membership evidence that was
previously and properly submitted by the Tribe and the interested parties and (2) the
documentation could, in any event, be appropriately referred to by the Government, under the
applicable BIA regulations, as part of its verification efforts. As the infomation on its face gives
lie to the baseless charges made by the Defendants and Amicus in their Motion, the Tribe does
not believe that any further explanation with respect to its membership list is necessary. The
Tribe also accepts the Government’s representation that the limited use of the documentation in
this manner will not result in a delay ofthe acknowledgement process or the Court’s Scheduling
Order.
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Case 2:85-cv-01078-PCD Document 214 Filed 12/08/2003 Page 3 of 4 -
Thus, the Tribe has no objection to the Govemment’s limited use of the documentation in
the manner described in its December 3, 2003 Supplemental Response. Like the Govermnent,
the Tribe remains interested in a fair and expeditious resolution of these proceedings.
THE PLAINTIFF,
SCHAGHTICOKE TRIBAL NATION
BY MCCARTER & ENGLISH, LLC
ITS ATT YS `
By U2 Q
Eric iechmann (CT 04331)
CityPlace I
Hartford, CT 06103
(860) 275-6700
and
Thomas Van Lenten, Esq. (CT 10199)
Pinney, Payne, Van Lenten,
» Burrell, Wolfe & Dillman, P.C.
Lee Farm Corporate Park
83 Wooster Heights
Danbury, CT 06813-3499
(203) 830-6335
Of Counsel:
Judith A. Shapiro, Esq.
6856 Eastern Avenue NW
Suite 206
Washington, DC 20012
and
Jerry C. Straus, Esq.
Hobbs, Straus, Dean & Walker, LLP
2120 L Street, NW
Washington, DC 20037
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?i Case 2:85-cv-01078-PCD Document 214 Filed 12/08/2003 Page 4 of 4
O
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing Schaghticoke Tribal Nation’s Supplemental Memorandum In
Response To The Govemment’s Supplemental Memorandiun In Response To Motion To Amend The Scheduling
Order has been mailed, postage prepaid this 5th day of December, 2003 to:
John B. Hughes, Esq. Giovanna Tiberii Weller, Esq.
Chief of Civil Division Carmody & Torrance
United States Attorneys Office 50 Leavenworth Street
” 15 7 Church Street, Floor 23 P.O. Box 1110
New Haven, CT 06510 Waterbury, CT 06721 -1 1 10
Thomas Van Lenten, Esq. Robert A. Slavitt, Esq.
Pinney, Payne, Van Lenten, Slavitt, Connery, & Vardamis
Bmrell, Wolfe & Dillman, P.C. 618 West Avenue
Lee Farm Corporate Park Norwalk, CT 06850
83 Wooster Heights
Danbury, CT 06813-3499 James R. Fogarty, Esq.
Fogarty Cohen Selby & Nemiroff
Judith A. Shapiro, Esq. 88 Field Point Road
6856 Eastem Avenue NW p_()_ BOX 2508
Suite 206 Greenwich, cr 0683 6-2508
Washington, DC 20012
Susan Quinn Cobb, Esq.
David J. Elliot, Esq. Asst. Attorney General
Day, Berry & Howard 55 Elm Street
CitYP1ace 1 Hartford, cr 06141
Hartford, CT 06103-3499
Thomas A. Gugliotti, Esq.
Loretta Bonos Updike, Kelly & Spellacy
594 Bendview Drive gm State Street
Charleston, WV 25314 Hartford, CT 06123
Jefiiey B. Sienkiewicz, Esq. Renita Ford, Esq _
Sienkiewicz & McKe1ma, PC General Litigation Section
9 South Main Street Enviromnental & Natural Resources Division
P·O· BOX 786 United States Department of Justice
New Milford, CT 06776-0786 Post Office Box 663
Washington, DC 20004-0663
Michael J. Burns, Esq.
Law Offices of Attomcy Michael J. Bums Scott Keep, Esq.
57 Prett Street orm;6 Orme Solicitor
H¤Y1f°Yd» CT 06103 U.S. Department of the Interior
1849 C Street, NW
Jerry C. Straus, Esq. Mailstop 6456
Hobbs, Straus, Dean & Walker, LLP Washington ·C_ 2024
2120 L Street, NW ; ; ;
Washington, DC 20037 ‘
Eric rechmann (CT 04331)
HARTFORD: 604278.01
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