Free Status Report - District Court of Connecticut - Connecticut

Case 2:92-cv-00738-JBA

Document 298

Filed 07/18/2005

Page 1 of 5

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT GOLDEN HILL PAUGUSSETT TRIBE OF INDIANS, ET AL, PLAINTIFF, V. LOWELL P. WEICKER, JR. GOVERNOR OF CONNECTICUT, ET AL, DEFENDANTS. :CIVIL NO. 2:92CV00738(JBA) : (LEAD CASE) : : : : : : : : : :

STATUS REPORT OF UNITED STATES Pursuant to the Order entered on July 7, 2005 the United States hereby submits the following status report in the format requested. (a) Status of Case

The United States agrees with the summary of the status of the case and of the related administrative proceedings before the Department of the Interior, Bureau of Indian Affairs ("BIA") submitted by the State of Connecticut in its Status Report, dated July 12, 2005. As indicated therein no further administrative

proceedings are available and any challenge to the final agency decision made by Department of the Interior must be filed in a separate action seeking judicial review under the Administrative Procedure Act, 5 U.S.C. §701-706. The United States should note, however, that its initial appearance in this case was as a party defendant due to property owned by the United States Postal Service and used as a United

Case 2:92-cv-00738-JBA

Document 298

Filed 07/18/2005

Page 2 of 5

States

Postal

facility

at

120

Middle

Street

in

Bridgeport,

Connecticut.

This was one of the many properties included in the The United States filed a

land claims filed by the plaintiff.

motion to dismiss on various grounds in January 1993, which was granted by the court on July 21, 1993 and vacated on appeal in October 1994. A stay has been in effect since that time while the

administrative proceedings before the Bureau of Indian Affairs were concluded. Over the past ten years when the court periodically

requested status reports the United States, acting by and through the United States Attorney's Office, submitted such reports on behalf of the BIA rather than as a party defendant. Now that the

case has been restored to the active docket it is the intention of the United States to again seek a dismissal of the case for the reasons set forth in its motion to dismiss previously filed in January 1993. For reasons of sovereign immunity, statute of

limitations, failure to state a claim and lack of subject matter jurisdiction the United States is not subject to the land claims of the plaintiff. (b) Referral for Settlement Since the United States believe that is should no longer be a party to this case and intends to file a motion to dismiss on that basis it has no interest in discussing settlement at this time. (c) Trial Before Magistrate Judge The United States will not consent to a trial before a Magistrate Judge.

Case 2:92-cv-00738-JBA

Document 298

Filed 07/18/2005

Page 3 of 5

(d) Estimated Length of Trial For the reasons indicated above the United States does not believe that it should be involved in any evidentiary trial as a defendant. In the event that trial does become necessary and the

United States remains in the case as a defendant it estimates that a trial in this matter would take several months in order to adjudicate all of the plaintiff's claims and the numerous

defendants' defenses.

Respectfully submitted, KEVIN J. O'CONNOR UNITED STATES ATTORNEY JOHN B. HUGHES ASSISTANT U.S. ATTORNEY FED. BAR NO. ct05289 P.O. BOX 1824 NEW HAVEN, CT 06508 (203)821-3700 [email protected]

Case 2:92-cv-00738-JBA

Document 298

Filed 07/18/2005

Page 4 of 5

CERTIFICATION This is to certify that a copy of the within and foregoing Status Report was mailed, postage prepaid, this September to: See attached list. JOHN B. HUGHES ASSISTANT U.S. ATTORNEY 157 Church Street New Haven, CT 06508 day of

Case 2:92-cv-00738-JBA Judith Mauzaka & Gerald Wieiner Weinstein, Weiner, Ignal, Vogel 350 Fairfield Ave., Po Box 9177 Bridgeport, CT 06601 Noel Hanf, Esq. Wiggin & Dana P.O. Box 1832 New Haven, CT 06508-1832 James Trowbridge, Esq. Quinnipiac College 275 Mount Carmel Ave. Hamden, CT 06518 Richard Albrecht Cohen & Wolf, PC 1115 Broad Street, Po Box 1821 Bridgeport, CT 06604 John J. Kelly, Esq. Cantor, Floman, Gross, Kelly 378 Boston Post Road, Po Box 966 Orange, CT 06477 Janet Janczewski, Esq. Southern Connecticut Gas Co. 855 Main Street Bridgeport, CT 06605 Henry Winiarski, Esq. 941 Wethersfield Ave. Hartford, CT 06114

Document 298

Filed 07/18/2005

Page 5 of 5

Bernard Wishnia, Esq. Roseland Professional Building 204 Eagle Rock Avenue Roseland, N.J. 07068 Kenneth Rozich Law Firm of Edward D. Jacobs Po Box 1952 New Haven, CT 06509 William Wechsler Bailey & Wechsler 10 North Main Street, Suite 321 West Hartford, CT 06107 Caroline Blanco, Esq. USDOJ - Env. & Nat. Resource Ben Franklin Station P.O. Box 663 Washington, DC 20044-0663 Thomas Gugliotti Updike, Kelley & Spellacy PC One State Street, Po Box 1832 New Haven, CT 06508 Robert Berchem, Richard Buturla Berchem, Moses & Devlin 75 Broad Street Milford, CT 06460 Kimball Haine Hunt, Esq. Hunt, Leibert, Chester & Jacobson 50 Weston Street Hartford, CT 06604 Stuart A. Margolis 1332 Temple Street New Haven, CT 06510

Mark C. Anastasi, Esq. Office of the City Attorney 999 Broad Street, 2nd Floor Bridgeport, CT 06604 Col Thomas Behuniak, Esq. 44 Greenwood Circle Seymour, CT 06483

John Pirina, Esq. Law Offices of Arnaldo J. Sierra 215 Washington Street Hartford, CT 06106
David Chabot, Gerald Garlick & Linda Clifford Hadley Krasow, Garlick & Hadley One State Street Hartford, CT 06103

Geoffrey A. Hecht, Esq. Caplan, Hecht, Scanlon & Mendel 20 Trumbull Street, Po Box 9505 New Haven, CT 06534 Michael O'Connell O'Connell Flaherty & Attmore LLC 280 Trumbull Street Hartford, CT 06103 Austin Wolfe 1115 Broad St., P.O. Box 1821 Bridgeport, CT 06604

Michael Stanton Hillis Dombroski, Knapsack & Hillis 129 Whitney Avenue New Haven, CT 06510 Alexander H. Schwartz 3695 Post Road, Po Box 701 Southport, CT 06490

Richard S. Lipman Union Camp Corporation 1600 Valley Road Wayne, NJ 07470 Howard R. Wolfe Goldman, Gruder & Woods 125 Manson St., P.O. Box 1668 Greenwich Ct. 06830

Paul Ruszczyk Highland Professional Center 408 Highland Avenue Cheshire, CT 06410

Richard Blumenthal Attorney General 55 Elm Street, Po Box 120 Hartford, CT 06141