IN THE UNITED STATES COURT OF FEDERAL CLAIMS

Transcription

1 IN THE UNITED STATES COURT OF FEDERAL CLAIMS CHIPPEWA CREE TRIBE OF THE ) ROCKY BOY'S RESERVATION, et al., ) ) Plaintiffs, ) ) v. ) No L ) Judge Emily C. Hewitt THE UNITED STATES OF AMERICA, ) ) December 7, 2007 Defendant. ) ) DEFENDANT S FIRST SET OF REQUESTS TO PLAINTIFFS Pursuant to Rule 34 of the Federal Rules of the Court of Federal Claims and the Order entered on November 19, 2007 (para 2) in this case, Defendant propounds the following requests for production of documents in the above-captioned case. DEFINITIONS 1. Any material term not specifically defined herein shall be defined and interpreted as used or in accordance with the Pembina Judgement Fund Baseline Transaction Report for the Time Period June 9, 1964 to September 30, 1992, dated June 30, 2000 and prepared by Rocky Hill Advisors, Inc. in connection with the above-captioned case. 2. The term document means all electronic, written, printed, recorded, or graphic matter, photographic matter, or sound reproductions, however produced or stored, that is responsive to Defendant s requests or relates to the subject matter indicated and shall include file jackets, and any labels thereon, in which responsive documents are contained. If any documents contain attachments or appendices, please provide the attachments and/or appendices as part of (12/07/2007) # DJ No

2 your response. 3 The term relate means referring to, concerning in any way, being evidence of, or memorializing all or any portion of the specified facts, contentions, or matter referenced. 4 The term Phase III refers to the period from October 1, December 31, 1995 for the 1980 Award of the Pembina Judgment Fund that is the subject of this case as used and defined by the parties in this case, and in particular, as referenced in the Joint Status Report (para. II, D), filed Sept. 14, 2007, the Joint Status Report (para. II, E), filed Oct. 19, 2007, and the Joint Status Report (para. II, E), filed Nov. 14, 2007 in the above-captioned case. 5 The term Tribal programming funds refers to funds requested or received by any of the Tribes who are parties to this action pursuant to a distribution from the 1980 Award. 6. The term timing refers to the date a potential baseline transaction was recorded or completed consistent with the parties use of the term in the baseline transaction work done to date as described in the Joint Status Report, filed Sept. 14, 2007, the Joint Status Report, filed Oct. 19, 2007, and the Joint Status Report, filed Nov. 14, 2007 in the above-captioned case. 7. The term per capita refers to any payment made to a person or individual from the Pembina Judgement Fund 1980 Award. INSTRUCTIONS 1. Through these requests, Defendant seeks documents that are or were within the custody, possession or control of any Indian Tribe who is a party to this case, specifically the Chippewa Cree Tribe of the Rocky Boy s Reservation, Little Shell Tribe of Chippewa Indians, Turtle Mountain Band of Chippewa Indians, and White Earth Band of Chippewa Indians. (12/07/2007) # DJ No

3 2. All requests relate to and seek the production of all documents that are or were at any time in the custody, possession or control of any of above-named Tribes who are parties to this case, without regard to whether the documents were originally prepared by or for the Tribe, or by any other Plaintiff, person, individual, partnership, corporation, or any other entity. 3. Through these requests, Defendant seeks documents and data that validate or relate to the potential baseline transactions for Phase III of the 1980 Award that Plaintiffs have identified and proposed for validation, consisting of approximately 113 potential baseline transactions, (hereafter sometimes referred to as the 113 potential baseline transactions ) and which are more particularly described in Plaintiffs scoping proposal for Phase III of the 1980 Award, dated September 12, 2007, and which are referenced in the Joint Status Report (para. II, D), filed Sept. 14, 2007, the Joint Status Report (para. II, E), filed Oct. 19, 2007, and the Joint Status Report (para. II, E), filed Nov. 14, 2007 in this case. 4. Each request for the production of documents is intended to be a continuing request and in the event the Plaintiffs may later obtain additional responsive documents, Plaintiffs are expected to furnish Defendants with such documents as soon as reasonably practicable. 5. If any information or data is deleted from a document provided in response to these requests, Plaintiffs shall state the reason(s) for the deletion(s) and indicate the subject matter of the information or data deleted. 6. If any documents or information or data contained in responsive documents are withheld pursuant to objections or claims of privilege, Plaintiffs shall identify the document (12/07/2007) # DJ No

4 request at issue and respond to the extent that the privilege does not apply, set forth a specific basis upon which the objection is raised or the privilege is claimed. Any privilege log or index provided should include the following information: a statement identifying the nature of the information withheld, the date and subject matter of any communication containing that information, and the names of all persons with knowledge of the information including the author, the date of the information or document, and the basis for withholding the information. REQUESTS 1. Please provide any documentation that in Plaintiffs view undermines the validity or reliability of the 113 Phase III potential baseline transactions identified in Plaintiffs scoping proposal referenced above or indicates that the transactions were not completed on the dates indicated by the Department of the Interior. 2. Please provide all documents, including but not limited to, Tribal Council resolutions, Tribal Council minutes, Tribal budgets, correspondence, communications, bank statements or other documents generated, issued or received by the Tribes named above who are parties to this action, that relate to the disbursement, requested disbursement or receipt of any Tribal programming funds or per capita funds that validate or may validate or support the validity or timing of the 113 Phase III potential baseline transactions identified in Plaintiffs scoping proposal referenced above. 3. To the extent that the Tribes named above have in their custody, possession, or control documents that relate to per capita distribution checks from the Pembina Judgment Fund 1980 Award that were returned or did not reach the intended per capita recipient and which (12/07/2007) # DJ No

5 relate to or may relate to the 113 Phase III potential baseline transactions identified in Plaintiffs scoping proposal referenced above, please provide such documentation. Dated December 7, 2007 Respectfully submitted, /s/ Carol L. Draper CAROL L. DRAPER Attorney of Record for Defendant United States Department of Justice Environment & Natural Resources Division Natural Resources Section P.O. Box 663 Washington, D.C Tel: (202) Fax: (202) Of Counsel: Teresa E. Dawson Department of the Treasury Office of Chief Counsel Financial Management Service Elisabeth C. Brandon Department of the Interior Office of the Solicitor (12/07/2007) # DJ No

6 UNITED STATES COURT OF FEDERAL CLAIMS Chippewa Cree Tribe of the Rocky : Boy s Reservation, et al., : Plaintiffs : No L v. : Judge Emily C. Hewitt : United States of America, : Defendant : : CERTIFICATE OF SERVICE I hereby certify that on December 7, 2007, I served a true copy of the foregoing Defendant s First Set of Requests for Production of Documents to Plaintiffs by forwarding copies, postage prepaid, via first-class mail, to the following counsel of record for Plaintiffs: Melody L. McCoy, Attorney Native American Rights Fund 1506 Broadway Boulder, CO Telephone: (202) A courtesy copy of the Requests for Production of Documents brief was also sent to Ms. McCoy s office via to mmccoy@narf.org and via facsimile. Carol L. Draper (12/07/2007) # DJ No