NCIP is pleased to inform you that on February 13th No Casino in Plymouth and Citizens Equal Rights Alliance filed a Motion for Judgement on the Pleadings based on our claim that the Ione Band was not recognized in 1934 and therefore are not eligible to have land taken into trust.
Our motion is based on a 1996 Federal District Court decision that the Ione Band was not in 1992 or any time prior to 1992 a federally recognized tribe. During this case the position of the Federal defendants was clearly stated. "The [United States] government deny that the Ione Band of Miwok Indians has ever been a federally-recognized tribe." Based on this and many other similar assertions made by the Federal defendants, the Federal Judge determined the Ione Band had never been and was not a federally recognized tribe. This determination is conclusive and binding on the Federal defendants and the intervenor Ione Band in our case.
We are hopeful our Judge, Judge Nunley, will decide in our favor, Should that happen, NCIP will have prevailed in the case and a lengthy costly trial in the Federal District Court will be avoided. However, an appeal to the 9th Circuit Court of Appeals by the Federal defendants and/or the intervenor Ione Band would be expected.
We now wait for the Federal defendant's and/or the intervenor Ione Band's reply. After they reply, we will then have an opportunity to respond to the reply. This process is expected to take about six weeks and then an indeterminate time for Judge Nunley to issue a decision.
If you have any questions please email them to bcranford4588@att.net
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