MENOMINEE TRIBAL ENTERPRISES

LITIGATION LIBRARY OUTLINE


United States of America, Plaintiff v. Menominee Tribal Enterprises, principle business arm of the Menominee Indian Tribe of Wisconsin, Marshall Pecore, and Conrad Waniger, Defendants, United States District Court, Eastern District of Wisconsin, Green Bay Division, Case #07-C-316.

Book 1 - Pleadings

A. Complaint Click here to view PDF

B. Answer & Defenses of MTE to the USA Complaint Click here to view PDF

C. Answer, Affirmative Defenses, Coutnerclaim, and Crossclaim of Marshall Pecore Click here to view PDF

D. Answer, Affirmative Defenses, Coutnerclaim, and Crossclaim of Conrad Waniger Click here to view PDF

Book 2 - Orders

A. Scheduling Order Click here to view PDF

B. Order Referring Case to Magistrate Judge for Mediation Click here to view PDF

C. Order Re: Mediation/Settlement Conference Click here to view PDF

D. Order returning this case to United States District Court Judge William C Griesbach Click here to view PDF

E. Notice of hearing on 7.4 motion Click here to view PDF

F. Margin order on 7.4 motion Click here to view PDF

G. Minute hearing on 7.4 motion Click here to view PDF

H. Order amending the scheduling order Click here to view PDF

I. Protective order (Interim Relief) Click here to view PDF

J. Notice of hearing Click here to view PDF

K. Court's Docket Annotation regarding redaction and sealed documents Click here to view PDF

L. Order of the Court regarding limitation of redaction and sealing Click here to view PDF

M. Order Amending Scheduling Order (4/29/08) Click here to view PDF

N. Court's Decision and Order Click here to view PDF

O. Preliminary Order of Disclosure Click here to view PDF

P. Order Granting Permission to Depose Previously Deposed Witness and Extending Deadline for Dispositive Motions Click here to view PDF

Q. Minute Hearing Sheet on Rule 7.4 Motion to Quash 30(b)(6) Deposition Click here to view PDF

R. Order to Quash Portions of Deposition Notice to the Department of Interior Click here to view PDF

Book 3 - Depositions Noticed By Menominee

Book 3A - Transcript:

Deposition of Douglas G. Cox Click here to view PDF

DVD of taped deposition of Douglas G. Cox Click here to view Deposition of Douglas G. Cox

Book 3B - Transcript:

Deposition of Joseph R. Schwartz Click here to view PDF

DVD of taped deposition of Joseph R. Schwartz Click here to view Deposition of Joseph R. Schwartz

Book 3C - Transcript:

Deposition of Todd Bucci Click here to view PDF

DVD of taped deposition of Todd Bucci Click here to view Deposition of Todd Bucci

Book 3D - Transcript:

Deposition of David L. Congos Click here to view PDF

DVD of taped deposition of David L. Congos Click here to view Deposition of David L. Congos

Book 3E - Transcript:

Deposition of Jacqueline Pubanz Click here to view PDF

DVD of taped deposition of Jacqueline Pubanz Click here to view Deposition of Jacqueline Pubanz

Book 4 - Depositions Noticed By USA

Book 4A - Transcript:

Deposition**² of Gwen (Wauakau) Awonohopay* Click here to view PDF

Book 4B - Transcript:

Deposition** of Michael Richter* Click here to view PDF

Book 4C - Transcript:

Deposition** of Thomas Zarda* Click here to view PDF

Book 4D - Transcript:

Deposition** of Anita Escalante* Click here to view PDF

Book 4E – Transcript:

Deposition* of Marshall Pecore**

 

BOOK 5 – DEPOSITIONS NOTICED BY M. PECORE & C. WANIGER

Book 5A –

[No Depositions Noticed to Date]

BOOK 6 – EXPERT REPORTS

Book 6A – USA Experts

David L. Congos Click here to view PDF

Frank Larson Consulting Click here to view PDF

William E. Huxhold's Rebuttal Report Dated March 17, 2008 Click here to view PDF

Frank Larson Consulting Rebuttal report Dated March 13, 2008 Click here to view PDF

Book 6B – Menominee Experts

Brian Sovik, AMEC Click here to view PDF

Robert Sayer, AMEC Click here to view PDF

Philip Williams, LarsonAllen Click here to view PDF

Brian Sovik, AMEC, Sur-Rebuttal Report Click here to view PDF

Book 6C – M. Pecore/ C. Waniger Experts

Expert Disclosure by M. Pecore and C. Waniger

Wayne Link

Ken Sloan

Jason Hilger


BOOK 7 – CHRONOLOGY OF DOCUMENTS**

Book 7A – September 30, 1996 – September 30, 2001

Book 7B – October 1, 2001 – June 30, 2002

Book 7C – July 1, 2002 – December 31, 2002

Book 7D – January 1, 2003 – June 30, 2003

Book 7E – July 1, 2003 - December 31, 2004

Book 7F – January 1, 2005 – December 31, 2006

BOOK 8 – DAVID L. CONGOS COMMUNICATIONS TO BIA AND MTL **

Book 8A – September 30, 1996 – December 31, 1999

Book 8B – January 1, 2000 – December 31, 2000

Book 8C – January 1, 2001 – December 31, 2001

Book 8D – January 1, 2002 – December 31, 2002

Book 8E – January 1, 2003 – December 31, 2003

Book 8F – January 1, 2004 – December 31, 2004

Book 8G – January 1, 2005 – December 31, 2005

Book 8H – January 1, 2006 – December 31, 2006

Book 8I – January 1, 2007 – December 31, 2007

BOOK 9 – USA DISCOVERY DOCUMENTS WITH MENOMINEE RESPONSE

Book 9A – Interrogatories**

First Set

Book 9B - Request for Production of Documents**

First Set

Second Set

Third Set

BOOK 10 – MENOMINEE DISCOVERY DOCUMENTS WITH USA RESPONSE**

Book 10A – Interrogatories**

First Set

Second Set

Third Set

Book 10B - Request for Production of Documents**

First Set

Second Set

Third Set

Fourth Set

Fifth Set

Sixth Set

Seventh Set

Eighth Set

Ninth Set

Tenth Set

Eleventh Set

Twelfth Set

Thirteenth Set

Fourteenth Set

Book 10C – Request for Admissions**

First Set

BOOK 11 – M. PECORE/C. WANIGER DISCOVERY DOCUMENTS WITH
USA RESPONSE**

BOOK 11A – Interrogatories**

First Set

Book 11B - Request for Production of Documents**

First Set

Book 11C - Request for Admissions**

First Set

BOOK 12 – MENOMINEE MOTIONS – NON-DISPOSITIVE WITH USA RESPONSE AND
MENOMINEE REPLY**

Book 12A –

Menominee Rule 7.4 Expedited Non-Dispositive Motion for Discovery as to Spoliation of Evidence and Violation of Menominee’s Attorney-Client Privilege and USA Response to Motion for Expedited Discovery**

Book 12B –

1. Menominee's Memorandum in Support of Motion to Compel to the United States of America

2. Declaration of Joshua Jay Kanassatega in Support of Motion to Compel

3. Exhibits to Joshua Jay Kanassatega's Declaration (Exhibits A through X)

Book 12C -

1. Defendant Menominee Tribal Enterpirses' Motion for Judgment on the Pleadings with Proposed Order

2. Defendant Menominee Tribal Enterprises' Memorandum in Support of Motion for Judgement on the Pleadings

3. Declaration of Joshua Jay Kanassatega in Support of Defendant Menominee Tribal Enterprises' Motion for Judgement on the Pleadings

4. Exhibit A to Declaration of Joshua Jay Kanassatega

5. Exhibit B to Declaration of Joshua Jay Kanassatega

6. Exhibit C-1 to Declaration of Joshua Jay Kanassatega

7. Exhibit C-2 to Exhibit C-1 to Declaration of Joshua Jay Kanassatega

BOOK 13 – USA MOTIONS – NON-DISPOSITIVE WITH MENOMINEE RESPONSE AND
USA REPLY**

Book 13A –

1. Plaintiff's Motion for Protective Order

2. Plaintiff's Memorandum in Support of Motion for Protective Order

3. Affidavit of Chris R. Larsen

4a. Exhibits 1 to the Affidavit of Chris Larsen

4b. Exhibits 2 to the Affidavit of Chris Larsen

5. Proposed Protective Order

6. Menominee Tribal Enterprises' Memorandum in Opposition to Plaintiff's Motion for Protective Order

7. Declaration of Joshua Jay Kanassatega in Opposition to Plaintiff's Motion for Protective Order

8. Exhibits 1 through 23 to the Declaration of Joshua Jay Kanassatega

9. Court's Docket Annotation regarding redaction and sealed documents

10. Order of the Court regarding limitation of redaction and sealing

Book 13B -

1. Plaintiff's Expedited Rule 7.4 Motion to Amend Scheduling Order

2. Exhibit A to Plaintiff's Expedited Rule 7.4 Motion to Amend Scheduling Order

3. [Proposed] Order of Amending Scheduling Order

4. Menominee Tribal Enterprises Memorandum of Law in Opposition to Plaintiff's Expedited Rule 7.4 Motion to Amend the Scheduling Order

5. Declaration of Joshua Jay Kanassatega in Opposition to Plaintiff's Expedited Rule 7.4 Motion to Amend the Scheduling Order

6. Exhibit 1 to Declaration of Joshua Jay Kanassatega

7. Glenn Reynolds Letter to the Court regarding Plaintiff's Expedited Rule 7.4 Motion to Amend Scheduling Order

Book 13C -

1. Plaintiff's Motion to Withdraw Inadvertently Disclosed Documents

2. Brief of the United States in Support of Its Motion to Withdraw Inadvertently Disclosed Attorney-Client Materials

3. Proposed Order

4. Declaration of Chris R. Larsen

5. Exhibit A to Declartion of Chris R. Larsen

6. Declaration of Sean Hart

7. Declaration of Terrance Virden

8. Menominee Tribal Enterprises' Memorandum in Opposition to Plaintiff's Motion to Withdraw Inadvertently Produced Documents

9. Declaration of Joshua Jay Kanassatega in Opposition to Plaintiff's Motion to Withdraw Inadvertently Produced Documents

10. Exhibits 1 through 20 to Declaration of Joshua Jay Kanassatega in Opposition to Plaintiff's Motion to Withdraw Inadvertently Produced Documents

11. Menominee Tribal Enterprises Motion for Leave to File Supplemental Declaration

12. Exhibits A, A-21, A-22, and A-23

13. Reply Brief of the United States in Support of Its Motion to Withdraw Inadvertent Disclosure

14. Declaration of Sean Hart.

Book 13D -

1. Plaintiff's Expedited Rule 7.4 Motion to Amend Scheduling Order

2. Exhibit A

3. Exhibit B

4. [Proposed] Order Amending Scheduling Order

5. Menominee's Memorandum of Law in Response to Plaintiff's Second Expedited Rule 7.4 Motion to Amend Scheduling Order

6. USA's letter to the Court

Book 13E -

1. Plaintiff's Expedited Rule 7.4 Motion to Quash Rule 30(b)(6) Deposition of the Department of the Interior

2. Proposed Order to Quash

3. Plaintiff's Supplement to Motion to Quash

4. Defendant Menominee Tribal Enterprises' Memorandum in Opposition to Plaintiff's Expedited Rule 7.4 Motion to Quash Rule 30(b)(6) Deposition of the Department of Interior

5. Declaration of Joshua Jay Kanassatega

6. Exhibit 1 to Affidavit of Joshua Jay Kanassatega

7. Exhibit 2 to Affidavit of Joshua Jay Kanassatega

 

BOOK 14 – M. PECORE/C. WANIGER MOTIONS – NON-DISPOSITIVE
WITH USA RESPONSE**

Book 14A –

1. Expedited Rule 7.4 Motion for Permission to Depose Previously Deposed Witness Jacqueline Pubanz

2. Affidavit of Wade Williams in Support of Motion to Depose Jacqueline Pubanz

3. Exhibit 1 to Affidavit

4. Exhibit 2 to Affidavit

5. Exhibit 3 to Affidavit

6. [Proposed] Order Granting Leave for Second Deposition of Jacqueline Pubanz

7. Plaintiff's Reply to Motion to Re-Depose Jacqueline Pubanz

8. Exhibit A (Deposition of Jacqueline Pubanz)

9. Reply Brief of Pecore and Waniger in Response to Plaintiff's Reply to Motion to Re-Depose Jaquenline [sic] Pubanz

10. Brief of Jacci Pubanz in Opposition to Motion for Permission to Depose Jacci Pubanz for a Second Time

11. Affidavit of Jacqueline Pubanz in Opposition to Motion for Permission to Depose Her Again

12. Affidavit of Attorney Daniel J. Krause in Opposition to Motion for Permission to Depose Jacci Pubanz

13. Correspondence from Daniel J. Drause regarding the lateness of his filing

14. Daniel J. Krause Application for Admission

 

BOOK 15 – USA MOTIONS – DISPOSITIVE WITH MENOMINEE RESPONSE AND
USA REPLY**

Book 15A –

[No Dispositive Motions Filed to Date]

BOOK 16 – MENOMINEE MOTIONS – DISPOSITIVE WITH USA RESPONSE AND
MENOMINEE REPLY**

Book 16A –

[No Dispositive Motions Filed to Date]

BOOK 16 – M. PECORE/C. WANIGER MOTIONS – DISPOSITIVE
WITH USA RESPONSE**

Book 16A –

[No Dispositive Motions Filed to Date]

BOOK 17 – MENOMINEE TRIBAL LEGISLATURE - MOTIONS - NON DISPOSITIVE WITH MENOMINEE RESPONSE AND USA RESPONSE

Book 17A –

1. Menominee Indian Tribe of Wisconsin's Motion for Protective Order From Defendant's Notice of Taking Deposition of Lisa Waukau and Request to Stay Deposition Rule 26(c) (above-named MITW Motion for Protective Order)

2. Menominee Indian Tribe of Wisconsin's Brief in Support of Protective Order (above-named MITW Brief in Support of Protective Order)

3. Menominee Tribal Enterprises' Memorandum in Opposition to Motion for Protective Order

4. Joshua Jay Kanassatega Declaration in Support of Memorandum in Opposition to Motion for Protective Order

5. Exhibits 1 through 11 attached to Kanassatega Declaration

Book 17B -

1. United States of America's letter of March 14, 2008 to Judge Griesbach in support of Menominee Indian Tribe of Wisconsin's Motion for Protective Order

2. United States of America's supplemental letter of March 17, 2008 to Judge Griesbach in support of Menominee Indian Tribe of Wisconsin's Motion for Protective Order

3. United States of America's Memorandum in Support of Menominee Indian Tribe of Wisconsin's Motion for Protective Order

¹ * Designates document to be posted.

² ** Designates a deposition not taken by audio/visual means.