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

Case 1:03-cv-02684-CFL

Document 534

Filed 08/20/2007

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS NO. 03-2684-L SHELDON PETERS WOLFCHILD, et al. Plaintiffs, v. UNITED STATES, Defendant. Honorable Charles F. Lettow WALKER GROUP JOHN DOE'S NOTICE OF SECOND MOTION AND SECOND MOTION TO AMEND COMPLAINT IN INTERVENTION ENTRY OF A PROTECTIVE ORDER TO FILE AS ANONYMOUS PLAINTIFFS
AND

The undersigned counsel for the Walker Group John Doe Descendants of the Loyal Mdewakanton Sioux hereby move for leave to file a Second Amended Complaint, amending the number of Walker Group John Doe Minors from 8 in number to 9 in total number and making name changes of the others in the Group. 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 an additional individual has been identified as a "newborn" of the individuals who are current plaintiffs in this case, represented by this law office. The "newborn" was born on January 9, 2007, and has at least one natural parent who is a current intervening plaintiff in this case represented by this law firm. Within the client listing of this additional plaintiff, reference is made to the parent of the newborn, who is listed by the plaintiff's Walker Group John Doe number. The birth date of the "newborn" is also listed. The "newborn" identified is, therefore, a descendant of Loyal Mdewakanton Sioux. See accompanying Party List Corrected and Filed 8-202007. There are also names changes to some of the Group who have remarried.

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Case 1:03-cv-02684-CFL

Document 534

Filed 08/20/2007

Page 2 of 2

Walker Group John Doe Plaintiffs in Intervention hereby move the Court to allow Amendment of their Complaint to Amend the Number of John Doe minors from the number 8 to the number 9 in total and to correct names. 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 Walker Group 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 30 to the number 39 and to correct married names. 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 Walker Group John Doe Plaintiffs, in numeric order, 1 through 30 and Walker John Doe Minors 1 through 9. Dated: August 20, 2007. Respectfully submitted, Elizabeth T. Walker 127 South Fairfax Street, # 126 Alexandria, Virginia 22314 Telephone: 703.838.6284 Facsimile: 703.842.8458 Email: [email protected] Member of the Court of Claims Bar

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