Free Response - District Court of Federal Claims - federal

Case 1:03-cv-02684-CFL

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Filed 05/10/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
SHELDON PETERS WOLFCHILD, et al., Plaintiff(s), Vs. ) ) ) ) ) ) ) ) AMENDED LIST OF ) THE ABDO-ARROW FAMILY ) AND CLARIFICATION OF ) NAMED INDIVIDUALS ) ) No. 03-2684L

UNITED STATES,

Defendant,

)
Julia DuMarce; Floyd E. Redwing; ) Lily Renville; Roxanna Red Wing Puchner; ) et al., ) ) Plaintiff(s), ) ) ) Vs. ) ) ) UNITED STATES, ) ) ) Defendant. ) ____________________________________) Hon. Charles F. Lettow

Electronically filed on May 10, 2007

As per this Courts' Order of April 27, 2007, [454] the Julia DuMarce group, hereby responds to the Courts' request to submit a response clarifying the derivation of the expanded Julia DuMarce group insofar as the Abdo-Arrow subset is concerned. A Motion for Substitution of Counsel was originally filed on February 11, 2007, [421] accompanied by an affidavit of Shirley Abdo-Arrow listing the individuals who had executed attorney agreements with Messrs. Gary Montana and Ron Volesky for

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substitution of counsel purposes. The government responded that several names appeared to be misspelled or not found on any of Garrett Horns' listing of intervenors as per his filed complaints in intervention with this Court. [263]. Subsequently, the attorneys for the Julia DuMarce group filed an Amended Substitution of Counsel and choose not to respond to the groundless and frivolous allegations contained in Mr. Horn and Mr. Thurmans' objection to the substitution of counsel. [429] However, in recent months the attorneys for the Julia DuMarce group have been notified by their clients who are identified as the Leedom sub-group that said individuals no longer desire to be represented by the attorneys' for the Julia DuMarce group as they were told by Garrett Horn at a meeting in his office on or about March, 2007, that the Court had instructed all family members of a single family group be represented by one attorney or firm. In the case of the Leedom sub-group some of their members were being represented by Garrett Horn and those represented by the attorneys for the Julia DuMarce group felt that based upon Garrett Horns' representation regarding families or specific groups being required to be represented by the same legal counsel, they should terminate their attorney retainer agreements with the Julia DuMarce group attorneys and execute new agreements with Garrett Horn who was and is representing other members of their family as mentioned. (See, attached Exhibit(s) "A" "B", attachment #1). However, the Julia DuMarces' attorneys do not object to the substitution of counsel in regards to the Leedom sub-group, who are presently their clients. As per the Courts' request the following is a listing of the Abdo-Arrow family group previously represented by Mr. Garrett Horn and who are now represented by the Julia DuMarce attorneys. Any changes or corrections to their legal names appear in bold

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after their names and the docket number they previously appeared on is listed on the left side of their respective names. However, due to the fact that the attorneys for the Julia DuMarce group have never had access to the previously filed complaint in intervention filed by Garrett Horn, to the best of their knowledge the Julia DuMarce groups' attorneys believe all named individuals appear on the Lydia Ferris groups' Complaint in Intervention, Docket No. 263. 1. Shirley Arrow Abdo Minor Adrian Anton Arrow 2. Elaine Arrow Minor Frank Ficher, III. Cindy Schunk Minors Helen Schunk; Lucy Schunk. 4. 5. Clayton Abdo Lorena Arrow Minor Ronald Fisher, III. 6. Josetta Marie Abdo Minors Jasiah Joseph Abdo; Amyia Shirley Dion Caple; AmeiaVonn Mariah Caple Louis Young. (Howard Louis Young) 7. Josh B. Abdo Minor Sylvan S. Abdo. Docket No. 263 (Anonymous Plaintiff) (New minor added) Docket No. 263 Docket No. 263 Those names are as follows: Docket No. 263

3.

Docket No. 263

(Hazen Schunk)

Docket No. 263 Docket No. 263

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8.

Larry Abdo, Jr. Minors Larry Abdo, III; Allishia Abdo. James Abdo (James Abdo, Sr.)

Docket No. 263

9.

Docket No. 263

Minors James Abdo; (James Abod, Jr.) Jocelyn Abdo; Vanessa Abdo. 10. Lisa Abdo Minors Elijah Caple. Dmaya Caple; Bishop Caple. 11. Loraine Abdo Minors Albert S. Tsosie, Jr.; Olivia Buelah Tsosie. 12. Jonathan Louis Abdo Minor Artavius L.D.L.G. Abdo 13. Lori Abdo Minor Ocean Kane Abdo. 14. Aaron Abdo Minor Kaitlyn Abdo. 15. Jewel Brewer Minor Aleena Zephier. Docket No. 263 Docket No. 263 Docket No. 263 Docket No. 263 Docket No. 263 Docket No. 263

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16.

Robert E. Abdo, Sr. Minor Sarah Abdo; Spirit Abdo; Brittany Abdo; Robert E. Abdo, Jr.

Docket No. 263

17.

Joan Roan Eagle - Abdo Minors Bria Abdo; Bryson Jones.

Docket No. 263

18.

Tara Roan Eagle Minors Ethan Black Cloud; Beulah Black Cloud.

Docket No. 263

19.

Todd Roan Eagle Minors Jolyssa Roan Eagle; Haily Roan Eagle.

Docket No. 263

20.

John D. Abdo, Sr. Minors Cheyenne J. Abdo; Jacob J. Abdo.

Docket No. 263

(New Minor Added) Docket No. 263 Docket No. 263 Docket No. 263 Docket No. 263 Docket No. 263

21. 22. 23. 24. 25.

John David Abdo, Jr. Larry Abdo, Sr. Samantha R. Dion Shelly C. Dion Caroline M. Abdo Minor Sabra R. Dion.

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26.

Lorenzo L. Dion, Jr. Minor Raymond D. Dion.

Docket No. 263

27. 28. 29.

Allison Abdo Derek Doyle Abdo Samuel Louis Abdo Minors Sabastian Gage Abdo; Justin Lance Abdo; Gabrielle Abdo; Kane Allen Picotte; Megan Hope Abdo.

Docket No. 263 Docket No. 263 Docket No. 263

(New Minor Added) Docket No. 263 Docket No. 263 Docket No. 263

30. 31. 32.

Joseph Nave Abdo, Jr. Theresa Denney Archambeau Michelle Marie Denney Minors Dedric Alan Denney; Brian Wayne Bruguier; Michael Louis Bruguier; JB Keith Bruguier.

33.

Nancy Lea Denney Minors Arthur Lewis Denney; Alyssa Louise Denney; Aurora L. Denney; Alec James Kiywkan;

Docket No. 263

34.

Loren Archambeau, Jr. Minors Tatiana Janae Archambeau; Loren Dale Archambeau.

Docket No. 263

35.

Jeanette Marie Archambeau

Docket No. 263

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Minor Daniel Paul Archambeau. 36. Jessica Louise Archambeau Minors Alize Louise Archambeau; Burton Wayen Archambeau; Paul Henry Archambeau. 37. Jeremy Orson Archambeau, Sr. Minor Jeremy Orson Archambeau, Jr.. 38. 39. 40. 41. Mervin Carl Archambeau Denny Crazy Eyes Archambeau Samantha Mae Archambeau Hutcinson Sharif Abdo Docket No. 263 Docket No. 263 Docket No. 263 Docket No. 263 Docket No. 263

42.

Jade Dora Abdo

(Previously listed as minor under Joseph Nave Abdo, Jr., not on Docket No. 263, correct spelling is Hutchinson Sharif Abdo) Docket No. 263.

Attorneys for the Julia DuMarce group believe in good faith that Josh B. Abdo and his minor Sylvan S. Abdo were listed as a John Doe on Mr. Horn's complaint in intervention previously filed with this Court, and should have been listed on the Lydia Ferris Group (Dkt Nos. 207 and 263). Further, the attorneys for the Julia DuMarce group have had no access to the complaint in intervention filed by Mr. Horn [263] and consequently are not sure about any of the names and/or minors listed by his firm as mentioned, supra. Requests for those documents and clarification of names from Garrett Horn have not been received by the attorneys for the Julia DuMarce group as of the date of this filing, although requested by telephonic means on or about May 8, 2007.

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In addition, both Joan Roan Eagle and Tara Roan Eagle share the maiden name of Abdo and their legal names based upon marriage is Roan Eagle, consequently they are both named as such on the Revised Third Amended Complaint , however they do appear on the Motion to Substitute Counsel as Roan Eagle-Abdo. James Abdo should have been listed as James Abdo, Sr. and not James Abdo and his minor James Abdo, should have been named James Abdo, Jr.. All the above-named individuals appear on the Julia DuMarces' Revised Third Amended Complaint and all minors appear on the Revised Amended Exhibit "K" attached to said Complaint. Any corrections to spelling regarding the Julia DuMarces' group list of interveners/plaintiffs and minors listing shall be made as soon as possible as per the proper pleading being filed with this Court. In addition, during the process of compiling the hard disk of the Julia DuMarce groups' listing of named intervenors/plaintiffs for the Court, the attorneys for said group have discovered numerous misspelled and duplicated names on the Revised Third Amended Complaint, which will be corrected as mentioned as soon as possible as per the filing of a corrected Revised Third Amended Complaint. RESPECTFULLY SUBMITTED, dated this 10th day of May, 2007. _ /s/__Gary Montana_______________ Gary J. Montana Attorney at Law N. 12923 N. Prairie Rd. Osseo, Wisconsin 54758 Telephone No. 715.597.6464 Telecopy No. 715.597.3508 Attorney for Intervenor(s)/Plaintiff(s) Lead Attorney To Be Noticed

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______/s/ Ron Volesky____________ Ron Volesky Attorney at Law 356 Dakota Ave. So. Huron, South Dakota 57350 Telephone No. 605.352.2126 Telecopy No. 605.352.7871 Attorney for Intervenor(s)/Plaintiff(s)

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