Counsel of Record
Report's 16 thru 20
Counsel of Record Report #16
I am extremely pleased to announce to all of you Plaintiffs in Felter v. Kempthorne tht the Court of Appeals rendered an order, dated January 18, 2007, remanding your lawsuit to the U.S. District COurt of the District of Columbia. The Circuit Court directed Judge Roberts to decide on the issue of whether P.L. 108-108 modified the federal statute of limitations law, 28 U.S.C. § 2401(a) to exempt Felter from the general rule that lawsuits against the United States must be filed not later than 6 years after the causes of action accrue. This is certainly a "Victory" in a long and difficuit Case. more >>
Counsel of Record Report #17
On May 30th 2007, Hon. Judge Roberts of the United States District Court for the District of Columbia officially reassumed his jurisdiction, on remand, over Felter v. Kempthorne, a controversy over the legality of the Ute Termination & Partition Act.
Judge Roberts was ordered by the United States Court of Appeals for the District of Columbia Circuit to take further action to the question of whether P.L. 108-108 “saves” the action from dismissal under the 6-year federal statute of limitations. Plaintiffs in Felter are seeking an “accounting” of Individual Indian Monies (IIM) accounts held in the name of the “terminated” Mix-Blood members of the Uinta Band of Ute Indians. They alleged that the 490 Original Mixed Blood Uintas of the Ute Band have never been given an accounting of their IIM accounts, as required under the law. more >>
Counsel of Record Report #18
We are at a very special point in the Felter v. Kempthorne case where we must keep up our Solidarity, Spirits and Prayers that our very significant Federal Indian Law case will survive the latest efforts by the United States to get rid of it.
On November 2, 2007, the defendant United States filed its Reply to our Opposition to the Renewed Motion to Dismiss. After a review of the defendant’s Reply, I remain very positive that District Court Judge Roberts will agree that Felter v. Kempthorne must remain before him and go forward on the merits. The question at this point in the case is whether P.L. 108-108 applies to the claims in the Amended Complaint. In order to keep the case in the best position to survive the latest motion to dismiss, we have argued that the claim for an accounting must remain before Judge Roberts for further proceedings. more >>
Counsel of Record Report #19
I am writing my Report from Albuquerque, NM where I am attending the 33rd Annual Federal Bar Association Indian Bar Association. U.S. District Court Judge Roberts has not issued his decision on the United States Defendants’ Motion to Dismiss our case, Felter v. Kempthorne, Civ. No. 02-2156 D.D.C. Let’s keep our Prayers and positive thoughts going that Judge Roberts will see the injustice that happened to all of you and deny the Motion to Dismiss.
You are part of an extremely powerful “social movement” to eradicate the evil of termination that remains as an active federal law and policy in the middle of the most democratic country in the world. Recent news reports tell of efforts by the Australian, Canadian and United States governments to “apologize” to the wrongs committed on their Indigenous Citizens who were powerless, in the past, to stop the theft of the lands, resources, tribal identities and tribal cultures. When I read these articles, I give out a laugh because as long as the Ute Partition and Termination Act (UPA) remains as law any so-called apology issued by the United States Congress is nothing but a cruel joke. Until Congress repeals the UPA, these proposed legislative apologies are just plain rubbish. Empty Words. Apologies are meant to paint over and hide the fact that the genocidal policy promoted by the United States government stands straight an tall right in Utah, supposedly one of the most religious states. The UPA is a federal law that justifies both the continuing theft from each of you of your sacred tribal identity and valuable land and resources and allowing non-Indians to reap the benefits of what is yours by all moral and legal perspectives. more >>
Counsel of Record Report #20
I am writing my report from my home office in south Sacramento, CA. It has been along time since I visited with all of you in Roosevelt. I am keeping my hopes up that I will be up there soon to advise all Felter plaintiffs on a “winning” legal strategy. In other words, I am confident that U.S. District Court Judge Roberts will rule in our favor and reject the defendant United States motion to dismiss this major termination case. more >>