Free Memorandum - District Court of Federal Claims - federal

Case 1:03-cv-02684-CFL

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ______________________________________________________________________________ Sheldon Peters Wolfchild, et. al., Plaintiffs, Case No. 03-2684L Judge Charles F. Lettow

vs. Unites States, Defendant. PLAINTIFFS-INTERVENORS, THE ZEPHIER GROUP'S MEMORANDUM IN SUPPORT OF ITS FIRST MOTION TO AMEND THEIR COMPLAINT IN INTERVENTION ______________________________________________________________________________ Plaintiffs-Intervenors Harley D. Zephier, Sr., et al. (hereinafter referred to as the Zephier Group-Plaintiffs"), and all other below named individual prospective Plaintiffs ("Intervenors") and respectfully submit their Motion to Amend their Motion to Intervene as well as their Complaint in Intervention and their Agument in Support of their Motion to Amend in accordance with the Rules of the U.S. Court of Federal filed in the United States Court of Federal Claims Case No. 03-26841, more appropriately and initially named and captioned as Wolfchild v. United States. Pursuant to RCFC 15 and this Honorable Court's previous Orders dated October 27, 2004, December 16, 2005, April 18, 2006, June 16, 2006, and most recently, on August 6, 2007, where the Court specifically authorized said Zephier Group leave to amend their Complaint to include a yet unnamed adult, Shelbey Kay Haase, and any newborn children not previously included, as well at their Complaint in Intervention in accordance with the Rules of the U.S. Court of Federal Claims, respectfully state as the Plaintiffs-Intervenors herein described, both adults and minors, hereby motion and request that the Court of Federal Claims allow the

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Intervenors, Harley D. Zephier, Sr., et al., to Amend their Complaint in Intervention and their Argument in Support of the Motion to Amend as follows: 1. The Harley D. Zephier, Sr., Plaintiffs (the Zephier Group) seek to add the names of the following Plaintiffs-Intervenors (hereinafter referred to as the "Additional Plaintiffs") to Attachment Amended Exhibits A and B (minors) attached to their Amended Complaint in Intervention: a) Shelbey Kaye Haase, born November 18, 1985, adult. b) Ahjaleah Evon Zahn, born on September 11, 2006, minor; c) Dylan Mato Zephier, born January 8, 2007, minor; d) Liana Joyce Shoulder, born April, 17, 2007, minor; e) Josiah Andrew John Thompson (Red Owl), born July 8, 2006, minor; f) Zarian Allen Zephier, born February 1, 2007, minor; g) Kenyen Brian Zephier, born November 14, 2006, minor; h) Madison Sierra Brown, born August 20, 2007. 2. All of the Additional Plaintiffs are direct lineal descendants of "Loyal Mdewakanton" Indians described in Wolfchild I and Wolfchild II, as well as how the same is defined in the Acts of Congress, including the Act of 1890 and other acts and treaties, recognizing the loyal Mdewakanton Sioux, and the Sioux Scouts and Soldiers (Elrod List) and other applicable acts and treaties of 1837, 1851, 1863, 1888, 1889 and 1890 and 1980 (including mixed bloods and half breeds). As such, the Additional Plaintiffs claim an interest in the property or transaction which is the subject matter of this action and are beneficiaries of the so-called "trust corpus" held in trust by the Defendant herein which is the subject of this litigation. Unless permitted to participate herein and present evidence of their own, the Additional Plaintiffs' ability to protect

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that interest may be impaired or impeded. In addition, without being named parties and being able to identify themselves as lineal descendants, and/or trust beneficiaries, their interests are not adequately represented by the existing parties. Respectfully submitted this 20th day of August, 2007. ABOUREZK & ZEPHIER, P.C. Attorneys for the Zephier Group Plaintiffs/Intervenors 2020 W. Omaha Street Post Office Box 9460 Rapid City, South Dakota 57709 (605) 342-0097 (605) 342-5170 Facsimile /s/ Robin L. Zephier By:____________________________ Robin L. Zephier Attorney at Law

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CERTIFICATE OF SERVICE I hereby certify that on this 20th day of August, 2007, I directed that the foregoing Plaintiffs-Intervenors, The Zephier Group's Memorandum In Support Of Its First Motion to Amend Their Complaint In Intervention of Harley D. Zephier, Sr., et al. (The Zephier Group) be served upon: Laura Maroldy U.S. Department of Justice Environmental/Natural Resources Divisions General Litigation Section PO Box 663 Washington, DC 2004-0663 Erick Kaardal William F. Mohrman Mohrman & Kaardal, PA 33 South Sixth Street, Suite 4100 Minneapolis, MN 55402 Erick Magnuson Rider Bennett 33 South 6th Street, Suite 4900 Minneapolis, MN 55402 Ron Volesky 356 Dakota Avenue South Huron, SD 57350 Jack Pierce Pierce Law Firm 6040 Earle Brown Drive, Suite 420 Minneapolis, MN 55430 Garrett Horn 1800 Broadway Avenue PO Box 886 Yankton, SD 57078

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Creighton A. Thruman PO Box 897 Yankton, SD 57078 James Lawrence Blair Renaud Cook Drury Mesaros, PA 1 North Central Avenue, Suite 900 Phoenix, AZ 85004 Gary J. Montana Montana & Associates N. 12923 N. Prairie Road Osseo, WI 54758 Nicole Nachtigal Emerson Lynn, Jackson, Schultz & Lebrun 141 N. Main Avenue, Ninth Floor PO Box 1920 Sioux Falls, SD 57101

Douglas Kettering Kettering Law Firm PO Box 668 Yankton, SD 57078 Randy V. Thompson Nolan, MacGregor, Thompson & Leighton 710 Lawson Commons-380 St. Peter Street St. Paul, MN 55102 Francis Elaine Felix PO Box 141232 Minneapolis, MN 55414 Elizabeth Walker Walker Law LLC 127 South Fairfax Street, #126 Alexandria, VA 22314 Larry Leventhal Suite 420 Sexton Building 529 South 7th Street Minneapolis, MN 55415

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Wood Foster Siegel, Brill, Greupner, Duffy & Foster 1300 Washington Square 100 Washington Avenue South Minneapolis, MN 55401 Sam Killinger 522 4th Street, #300 Sioux City, IA 51101 Steve Gaskins Flynn, Gaskins & Bennett, LLP 333 South 7th Street, Suite 2900 Minneapolis, MN 55402 Lawrence H. Crosby 2277 Highway 36 W Suite 234E St. Paul, MN 55113 Bernard Rooney 84 Park Avenue Larchmont, NY 10538 Brian L. Radke Radke Law Office, PC 3500 S. 1st Avenue Circle, Suite 201 Sioux Falls, SD 57105 Philip W. Morgan 758 7th Street Britton, SD 57430

ABOUREZK & ZEPHIER, P.C. Attorneys for the Zephier Group Plaintiffs/Intervenors 2020 W. Omaha Street Post Office Box 9460 Rapid City, South Dakota 57709 (605) 342-0097 (605) 342-5170 Facsimile

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/s/ Robin L. Zephier By:____________________________ Robin L. Zephier Attorney at Law