The five year struggle to bring a case against the BIA by San Pasqual descendants in the ALEGRE v US case has some decisions today. The Alegre case seems to suffer here. Read backstory in JOSE JUAN Descendants
(1) DENYING PLAINTIFFS’ MOTION TO COMPLETE THE ADMINISTRATIVE RECORD, (Doc. No. 136)
Plaintiffs have not carried their burden in establishing merit to their claim. In sum, in the face of Defendants’ designation of the administrative record, Plaintiffs fall short in providing “clear evidence” that the record is incomplete. Accordingly, the motion to complete the administrative record is DENIED WITHOUT PREJUDICE.
(2) GRANTING IN PART AND
DENYING IN PART PLAINTIFFS’
MOTION TO STRIKE THE
ADMINISTRATIVE RECORD, (Doc.
No. 139)
(3) GRANTING IN PART AND DENYING IN PART PLAINTIFFS’ MOTION TO SUPPLEMENT THE ADMINISTRATIVE RECORD, (Doc. No. 40)
(4) GRANTING IN PART AND
DENYING IN PART DEFENDANTS’
MOTION TO SEAL THE
ADMINISTRATIVE RECORD, (Doc.
No. 148)
Plaintiffs argue Defendants have not followed the mandates of the Federal Rules of Appellate Procedure with respect to the administrative record. (Doc. No. 139 at 6–8.) However, the Court does not find this as a sufficient basis to strike the administrative record.
Plaintiffs provide no Ninth Circuit authority to support this contention that the Federal Rules of Appellate Procedure govern the instant proceedings. Accordingly, the Court GRANTS Plaintiffs’ motion to strike pages 177–282, 314, and 318 of the administrative record. Plaintiffs’ motion to strike is DENIED as to all other aspects.
IV. CONCLUSION
For all the reasons stated, the Court: 1. DENIES Plaintiffs’ motion to complete the administrative record, (Doc. No. 136) 2. GRANTS IN PART AND DENIES IN PART WITHOUT PREJUDICE Plaintiffs’ motion to strike the administrative record, (Doc. No. 139) 3. GRANTS IN PART AND DENIES IN PART WITHOUT PREJUDICE Plaintiffs’ motion to supplement the administrative record, (Doc. No. 40) 4. GRANTS IN PART AND DENIES IN PART Defendants’ motion to seal the administrative record, (Doc. No. 148)
The Federal Gov and the Northern California B.I.A have always abused this tribe for decades. They are the cause for their Cultural Genocide. As you read all their historical letters, Many-facts point the actions that were taken that have severely hurt this tribe.. Actually, they have installed counterfeit people who have corrupted the tribe and it's laws,flag and rules..This brown true blood line is dying, what's left are fraudulent people who have no ties to the original native people of the past, they have Hijacked this poor tribe stealing and continue to manipulate the funding and grants for the sake of their self enrichment.The Federal Government seems not to comprehend the importance of this tribe, that helped General Kearny fight the battle of the Mexican American without them, US would of been smashed buy the well trained Caifornios. And the Us would of lost the War.The people who now, take possession of this tribe are imposters!, Adopties including traitors who the chairman, pays for their silence. It's a c'est of ugliness and pure corruption...
ReplyDeleteDid anyone think it was going to end any different? Your own tribe doesn't want you.
ReplyDeleteNo way will a judge ever grant ruling in favor of plaintiff based on tribal constitution. Attorney must demand trial by jury. Only will jury of peers ever rule in favor of plaintiff due to the immense evidence collected from these documents. As citizens they all must demand a trial by jury
ReplyDelete