Notice and Request to Correct Procedural Defect — Confederated Tribes of the Chehalis Reservation v. Mnuchin
Summary
A Notice and Request to Correct Procedural Defect, Notice of Controlling Authority, filed April 25, 2020 as Document 33 in Confederated Tribes of the Chehalis Reservation, et al. v. Steven Mnuchin, Secretary, United States Department of the Treasury, Case No. 1:20-cv-1002 (APM), in the United States District Court, District of Columbia. The Alaska Native Village Corporation Association (ANVCA) and ANCSA Regional Association (ARA), collectively ANC Amici, state that the consolidated plaintiff tribal organizations in Case No. 1:20-cv-01059-APM failed to give notice to the parties and failed to file in the correct case, and ask the Court to correct it. They cite AFGE v. United States as controlling precedent on the ISDEAA application of federally recognized Indian Tribes. It is signed /s/ Christine V. Williams.
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“Notice and Request to Correct Procedural Defect — Confederated Tribes of the Chehalis Reservation v. Mnuchin.”
Original at storage.courtlistener.com. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/notice-other-confederated-tribes-of-the-chehalis-reservation-et-al-v-m-044d1daf7c/
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Case 1:20-cv-01002-APM Document 33 Filed 04/25/20 Page 1 of 4
Christine V. Williams
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J. Harrison Powell, II
2 Outlook Law LLC
Attorneys for Amici Curiae
3 1016 West 6th Avenue, Suite 306
Anchorage, Alaska 99501
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(907) 258-2200
5 christinewilliams@outlooklaw.com
harrisonpowell@outlooklaw.com
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UNITED STATES DISTRICT COURT
DISTRICT OF COLUMBIA
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CONFEDERATED TRIBES OF THE
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CHEHALIS RESERVATION, et al.,
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PLAINTIFFS,
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v.
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13 STEVEN MNUCHIN, SECRETARY, UNITED
STATES DEPARTMENT OF THE
14 TREASURY,
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DEFENDANT.
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Case No. 1:20-cv-1002 (APM)
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NOTICE AND REQUEST TO CORRECT PROCEDURAL DEFECT, NOTICE OF
CONTROLLING AUTHORITY
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The Alaska Native Village Corporation Association ("ANVCA") and ANCSA Regional
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21 Association (“ARA”), collectively ANC Amici, alert this Court to a procedural defect and
22 respectfully request that the Court correct it and ensure the relevant parties that should have been
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served receive service. That is, the consolidated plaintiff tribal organizations in Case No. 1:20-
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cv-01059-APM failed to give notice to the parties as required by the Court and governing rules,
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and failed to file in the correct case pursuant to the Court's Minute Order entered on April 23,
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27 2020 on that case." See 1:20-cv-01059-APM and Rule 40.5(b)(3). The ANC Amici notice that
28 both the Amended Complaint, and the Reply filed yesterday were done so incorrectly and ask the
NOTICE - 1
Confederated Tribes, et al. v. Mnuchin, Secretary, U.S. Dept. of Treasury
Case No. 1:20-cv-1002 (APM)
Case 1:20-cv-01002-APM Document 33 Filed 04/25/20 Page 2 of 4
Court to ensure all the appropriate parties, including the defendant, had appropriate notice and an
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2 opportunity to respond. ANC Amici further request that all future pleadings by the consolidated
3 plaintiff tribal organizations be filed on the correct docket as this case is on a fast track for a
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decision.
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ANC Amici also respectfully point out that there is a 2003 D.C. Circuit Court of Appeals
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case that is controlling legal precedent on the matter of the ISDEAA application of federally
8 recognized Indian Tribes. AFGE v. United States, 330 F.3d 513 (D.C. Cir. 2003), cert. denied
9 AFGE v. United States, 540 U.S. 1088 (2003). In that case, ANC Regional and Village
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corporations were "federally recognized Indian tribes" pursuant to the ISDEAA definition. The
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plaintiffs briefed this case in their reply and stated the D.C. Circuit Court of Appeals was
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13 "plainly erroneous." See Docket at 30, p. 9, fn. 9.
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NOTICE - 2
Confederated Tribes, et al. v. Mnuchin, Secretary, U.S. Dept. of Treasury
Case No. 1:20-cv-1002 (APM)
Case 1:20-cv-01002-APM Document 33 Filed 04/25/20 Page 3 of 4
Dated this 25 day of April, 2020.
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2 /s/ Christine V. Williams
Alaska Bar No. 0204007
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/s/ J. Harrison Powell, II
4 Virginia Bar No. 86308
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Attorneys for Amici Parties
6 Alaska Native Village Corporation
Association and ANCSA Regional
7 Association
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Sponsoring Attorney
9 William K. Walker
Walker Reausaw
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800 Connecticut Ave., # 300
11 Washington DC 20006
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NOTICE - 3
Confederated Tribes, et al. v. Mnuchin, Secretary, U.S. Dept. of Treasury
Case No. 1:20-cv-1002 (APM)
Case 1:20-cv-01002-APM Document 33 Filed 04/25/20 Page 4 of 4
CERTIFICATE OF SERVICE
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2 The undersigned certifies that on the 25th day of April 2020, a true and correct copy of
3 the Notice was filed with CM/ECF, which will send notification to the parties on record.
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By: /s/ Christine V. Williams
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OUTLOOK LAW, LLC
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NOTICE - 4
Confederated Tribes, et al. v. Mnuchin, Secretary, U.S. Dept. of Treasury
Case No. 1:20-cv-1002 (APM)
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