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Kawaiisu Tribe of Tejon v Department of Interior First Amended Complaint 8-15-2010

Kawaiisu Tribe of Tejon v Department of Interior First Amended Complaint 8-15-2010

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Published by LifeIsResearch
David Laughing Horse Robinson and the Kawaiisu Tribe of Tejon have filed a new document in their legal case regarding the Tejon Mountain Village on Tejon Ranch in Southern California. The August 15, 2010 filing is an Amended Complaint. This Federal Court case is brought by a Native American Tribe to protect their Ancestors burial grounds. The Kawaiisu Tribe of Tejon objects to a phrase in a Kern County EIR, where it states that the corporate developer “owns the remains” of their families. This case also seeks to resolve a problem long cited by California Tribes, the proper designation of Most Likely Descendants, Consultants and Monitors, by the California Native American Heritage Commission. Issues in the case include the federal acknowledgement process, the Administrative Procedure Act and Repatriation of Native American remains. The Tribe is represented by Christopher K. King, Washington, DC. Tejon Mountain Village (TMV) is a 26 thousand acre resort development presented by the Tejon Ranch Corporation, a publicly traded entity. The acreage falls within the Indian Country of the Kawaiisu people and has over 50 documented pre-historic village sites. The Kawaiisu are one of the ancient Great Basin Shoshone Paiute Tribes, whose pre-European territory extended from Utah to the Pacific Ocean. Individual JPEG pages of the pleading can be found at the Tribes blog: http://kawaiisutribeoftejon.blogspot.com/2010/08/kawaiisu-lawsuit-amended-complaint.html

For more info visit the Kawaiisu History Website:
http://sites.google.com/site/horserobinson/kawaiisu-tribe

and the Kawaiisu Research Website:
http://sites.google.com/site/horserobinson/kawaiisu-research
David Laughing Horse Robinson and the Kawaiisu Tribe of Tejon have filed a new document in their legal case regarding the Tejon Mountain Village on Tejon Ranch in Southern California. The August 15, 2010 filing is an Amended Complaint. This Federal Court case is brought by a Native American Tribe to protect their Ancestors burial grounds. The Kawaiisu Tribe of Tejon objects to a phrase in a Kern County EIR, where it states that the corporate developer “owns the remains” of their families. This case also seeks to resolve a problem long cited by California Tribes, the proper designation of Most Likely Descendants, Consultants and Monitors, by the California Native American Heritage Commission. Issues in the case include the federal acknowledgement process, the Administrative Procedure Act and Repatriation of Native American remains. The Tribe is represented by Christopher K. King, Washington, DC. Tejon Mountain Village (TMV) is a 26 thousand acre resort development presented by the Tejon Ranch Corporation, a publicly traded entity. The acreage falls within the Indian Country of the Kawaiisu people and has over 50 documented pre-historic village sites. The Kawaiisu are one of the ancient Great Basin Shoshone Paiute Tribes, whose pre-European territory extended from Utah to the Pacific Ocean. Individual JPEG pages of the pleading can be found at the Tribes blog: http://kawaiisutribeoftejon.blogspot.com/2010/08/kawaiisu-lawsuit-amended-complaint.html

For more info visit the Kawaiisu History Website:
http://sites.google.com/site/horserobinson/kawaiisu-tribe

and the Kawaiisu Research Website:
http://sites.google.com/site/horserobinson/kawaiisu-research

More info:

Categories:Types, Research, Law
Published by: LifeIsResearch on Sep 01, 2010
Copyright:Attribution Non-commercial

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07/19/2013

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PLAINTIFF’S AMENDED COMPLAINT
 
- 1Case No.: 1:09 CV 01977 OWW SMS
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Christopher K King620 F. St NE, #3Washington, DC 20002843-343-6013Pro Hac ViceArizona Bar#026966David R. MugridgeLaw offices of David R. Mugridge2100 Tulare St., Suite 505Fresno, CA 93721-2111559-264-2688Attorneys for Plaintiffs
UNITED STATES DISTRICT COURTEASTERN DISTRICT OF CALIFORNIA
KAWAIISU TRIBE OF TEJON, andDAVID LAUGHING HORSE ROBINSON,Chairman, Kawaiisu Tribe of TejonPlaintiffs,vs.KEN SALAZAR, in his official capacity asSecretary of the United States Department of Interior,LARRY MEYERS, in his official capacity asExecutive Secretary of the California NativeAmerican Heritage Commission,COUNTY OF KERN, CALIFORNIA,andTEJON MOUNTAIN VILLAGE, LLCReal Party in Interest,andDoe’s 1-100DefendantsCase No.: 1:09 CV 01977 OWW SMSPlaintiffs’ Amended Complaint
 
 
PLAINTIFF’S AMENDED COMPLAINT
 
- 2Case No.: 1:09 CV 01977 OWW SMS
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Plaintiffs, KAWAIISU TRIBE OF TEJON (“Tribe”) and DAVID LAUGHING HORSEROBINSON (“Robinson”) allege as follows:
INTRODUCTION
1. This action concerns the development of certain real property in Kern County,California, along with the Department of Interior’s failure to engage the Tribe and protect itsinterests pursuant to treaties, Executive Orders, and other Acts of Congress. The originalComplaint in this action was filed on November 10, 2009, by Plaintiff David Laughing HorseRobinson
 pro se
, on behalf of himself, as chairman of his Tribe, and on behalf of his tribalmembers (Docket #1). Defendants each filed Motions to Dismiss and/or Strike challengingPlaintiff’s Complaint on a variety of grounds (Docket #s 7, 9, 10, 11, 47). Plaintiff subsequentlyretained counsel and requested leave to amend their complaint on June 29, 2010 (Docket # 62).On July 6, 2010, this Court vacated the initial hearing on Defendants’ Motions set for July 12,2010 and granted leave for Plaintiff to file an amended complaint by August 15, 2010 (Docket #70).
PARTIES
2. Plaintiff Tribe is the governing entity of The Kawaiisu Tribe of Tejon Indians
.
The Tribe and its members are located in Kern County, California, and reside within thehistorical boundaries of the 1849 Treaty with the Utah along with the 1853 Tejon/SebastianReservation. As the claims at issue are all tribal in nature, the Tribe concedes that
 pro se
 Plaintiff Robinson lacked standing in his individual capacity to assert the causes of action asinitially plead with respect to the Department of Interior. As the Tribe adequately represents theinterests of its members, there was likewise no need to designate a ‘class’ of tribal members.However, Mr. Robinson still alleges injury in his individual capacity against Defendant Kern
 
 
PLAINTIFF’S AMENDED COMPLAINT
 
- 3Case No.: 1:09 CV 01977 OWW SMS
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County and/or the California Native American Heritage Commission. The Tribe now requeststhis Court’s permission to REMOVE PLAINTIFF David Laughing Horse Robinson
asrepresentative of the “class of Kawaiisu Tribe of Tejon Persons
” and allow the matter to proceedwith the Tribe and Mr. Robinson as Plaintiffs.3. Defendant KEN SALAZAR is the Secretary of the United States Department of Interior (“Interior”) and is named herein in his official capacity. Interior, through its Bureau of Indian Affairs (“BIA”), is the agency charged with a trust responsibility over the welfare of federally recognized Native Americans.4. Defendant COUNTY OF KERN, CALIFORNIA (“County”) is the Project LeadAgency for State Clearing House Project #2005101018 called Tejon Mountain Village.5. Defendant and Real Party in Interest, TEJON MOUNTAIN VILLAGE, LLC,(“TMV”) is a privately held corporation seeking to develop real property in Kern County, CA.They are a subsidy of the Tejon Ranch Corporation.6. Plaintiffs ask this Court to JOIN Defendant LARRY MEYERS, in his officialcapacity as Executive Secretary of The California Native American Heritage Commission(“NAHC”). The allegations in this controversy directly relate to the actions of the NAHC andtherefore they should properly be joined.7. Plaintiffs reserve the right to add additional parties  pursuant to Federal Rules of Civil Procedure 19 and 20 at a later date if necessary.
JURISDICTION AND VENUE
8. Venue properly lies in the Eastern District of California because a substantial partof the events which give rise to Plaintiff’s claims occurred within the district. The real propertyat issue also lies within the district. 28 U.S.C. §1391 (b)(2).

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