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Supreme Court of the United States NO. 03-855 IN THE SUPREME COURT OF THE UNITED STATES CITY OF SHERRILL, NEW YORK Petitioner, -against- ONEIDA INDIAN NATION OF NEW YORK, RAY HALBRITTER, KELLER GEORGE, CHUCK FOUGNIER, MARILYN JOHN, CLINT HILL, DALE ROOD, DICK LYNCH, KEN PHILLIPS, BEULAH GREEN, BRIAN PATTERSON, AND IVA ROGERS, Respondents. On Writ Of Certiorari To The United States Court Of Appeals For The Second Circuit JOINT APPENDIX Ira S. Sacks Michael R. Smith Counsel of Record Counsel of Record Esther S. Trakinski William W. Taylor, III Gursky & Partners, LLP David A. Reiser 1350 Broadway Zuckerman Spaeder LLP New York, New York 10018 1201 Connecticut Ave., NW (212) 904-1234 Washington, DC 20036 Counsel for Petitioner (202) 778-1800 Peter D. Carmen Mackenzie Hughes LLP 101 South Salina Street Syracuse, NY 13221-4967 (315 233-8386) Counsel for Respondents Petition for Certiorari Filed December 11, 2003 Certiorari Granted June 28, 2004 TABLE OF CONTENTS Page Relevant Docket Entries, Oneida Indian Nation v. City of Sherrill, U.S. District Court, Northern District of New York, 00-CV-223-DNH-GS..............................................................1 Relevant Docket Entries, City of Sherrill v. Oneida Indian Nation, U.S. District Court, Northern District of New York, 00-CV-00327-DNH-GS........................................................14 Relevant Docket Entries, Oneida Indian Nation v. City of Sherrill, et al, Second Circuit Court of Appeals, Docket 01- 7795.......................................................................................16 Complaint and Selected Other Pleadings, Oneida Indian Nation v. City of Sherrill, 00 CV 223 (NDNY) ....................18 Complaint, Oneida Indian Nation v. City of Sherrill, 00 CV 223 (NDNY), February 4, 2000............................................19 Answer and Counterclaims, Oneida Indian Nation v. City of Sherrill, 00 CV 223 (NDNY), February 24, 2000 ................35 Reply to Counterclaims, Oneida Indian Nation v. City of Sherrill, 00 CV 223 (NDNY), March 14, 2000 ....................52 Defendant City Of Sherrill’s Statement Of Material Facts, Oneida Indian Nation v. City of Sherrill, 00 CV 223 (NDNY), July 14, 2000.........................................................64 City Of Sherrill’s Response To Plaintiff’s First Request for Production of Documents, Oneida Indian Nation v. City of Sherrill, 00 CV 223 (NDNY), August 14, 2000 ...................67 City Of Sherrill’s Response To Plaintiff’s First Set of Interrogatories, Oneida Indian Nation v. City of Sherrill, 00 CV 223 (NDNY), August 14, 2000 ......................................79 i Plaintiff Oneida Indian Nation’s Response To Defendant City Of Sherrill’s Statement Of Materials Facts, Oneida Indian Nation v. City of Sherrill, 00 CV 223 (NDNY), September 11, 2000...............................................................................104 Oneida Indian Nation’s Statement Of Materials Facts, Oneida Indian Nation v. City of Sherrill, 00 CV 223 (NDNY), September 11, 2000 ............................................108 Plaintiff’s Response To Defendant’s First Request For Production Of Documents, Oneida Indian Nation v. City of Sherrill, 00 CV 223 (NDNY), October 30, 2000................114 Defendant City Of Sherrill’s Response To Plaintiff Oneida Indian Nation’s Statement Of Material Facts, Oneida Indian Nation v. City of Sherrill, 00 CV 223 (NDNY), November 13, 2000...............................................................................129 Affidavit of Ira Sacks, Oneida Indian Nation v. City of Sherrill, 00 CV 223 (NDNY), November 13, 2000............135 Certain Exhibits to Motions in Oneida Indian Nation v. City of Sherrill, 00 CV 223 (NDNY) .........................................145 Approximate Transcription of Statement of Ransom H. Gillet at Oneida Castle, August 9, 1838........................................146 Petition Of Six Nations Of New York Indians Relating To Kansas Lands, United States Senate, January 27, 1883......147 Affidavit Of Leslie Gay, Oneida Indian Nation v. Williams, 74 CV 167 (NDNY), March 1976 ......................................207 City Attorney Letter, City of Verona, February 18, 1993 ..210 Sherrill City Commission Meeting, September 22, 1997 ...212 ii Oneida Indian Nation Silver Covenant Chain Grants for Local Governments Fact Sheet, October 28, 1997 .............216 City of Sherrill Tax Sake Deed, February 9, 2000 .............220 Letter from Michael Anderson, Acting Assistant Secretary, Indian Affairs, January 19, 2001.........................................229 Section 81 Compliance, December 26, 2001......................231 Zogby Study, Oneida Indian Nation Economic Impact Study 2000.....................................................................................237 NOTICE The following documents have been omitted in the printing of this Joint Appendix. They may be found in the Appendix to the Petition for a Writ of Certiorari at the pages indicated Opinion Of The United States District Court For The Northern District Of New York, Decided June 4, 2001 ....A61 Opinion Of The United States Court Of Appeals For The Second Circuit, Decided July 21, 2003................................A1 Order Of The United States Court Of Appeals For The Second Circuit Denying Petition For Rehearing Or Rehearing En Banc, Filed September 15, 2003.................................A134 1788 Treaty Of Fort Schuyler, September 22, 1788........A136 1794 Treaty Of Canandaigua, November 11, 1794 .........A141 1838 Treaty Of Buffalo Creek, January 15, 1838............A147 18 U.S.C. § 1151..............................................................A179 iii 25 U.S.C. § 177................................................................A180 25 U.S.C. § 233................................................................A181 25 U.S.C. § 465................................................................A183 iv Relevant Docket Entries, Oneida Indian Nation v. City of Sherrill, U.S. District Court, Northern District of New York, 00-CV-223-DNH-GS Filing Date Docket Text February 4, 2000 COMPLAINT filed February 25, 2000 ANSWER to Complaint and COUNTERCLAIMS by City of Sherrill against Oneida Nation NY March 14, 2000 ANSWER by Oneida Nation NY to counterclaim June 14, 2000 ORDERED, that Civil Actions 00-cv-223 and 00- cv-327 are Consolidated; that 00-CV-223 is designated the Lead Action and further reassigning this action from Mag/Judge DiBianco to Mag/Judge Sharpe. July 14, 2000 MOTION by Ira S. Sacks, Esq for City of Sherrill for Summary Judgment , or in the Alternative for Preliminary Injunction . Hearing set for 9:30 on 2/23/01. Motion returnable before Mag. Judge Hurd. JA1 This Motion was received by the Court on 1/30/01, but is considered filed as of 7/14/00, pursuant to the CJRA Reporting requirements instituted March 1, 2000. September 11, 2000 CROSS MOTION by Peter D. Carmen, Esq for Oneida Indian Nation for Summary Judgment . Hearing set for 9:30 on 2/23/01 before Judge Hurd. This Cross Motion was received by the Court on 1/30/01, but is considered filed as of 9/11/00, pursuant to the CJRA Reporting requirements instituted March 1, 2000. September 20, 2000 ORDER reassigning case to Judge Hurd for all further proceedings October 30, 2000 MOTION by Peter D. Carmen, Esq for defendants Halbritter, George, Fougnier, John, Hill, Rood, Lynch, Phillips, Rodgers, Green, Burr, and Patterson to Stay action 5:00-cv-1106 (member case) pending adjudication of 5:00-cv-223, JA2 and to Dismiss this action 5:00-cv-223 for failure to state a claim and for lack of jurisdiction . Hearing set for 9:30 on 2/23/01. Motion returnable before Judge Hurd. This Motion was received by the Court on 1/12/01, but is considered filed as of 10/30/00, pursuant to the CJRA Reporting requirements instituted March 1, 2000. November 13, 2000 MEMORANDUM of Law Order by State of New York in opposition to Plaintiff's Motion for Summary Judgment and in Support of City of Sherrill's Motion for Summary Judgment. November 13, 2000 MEMORANDUM of Law of Proposed Amici Curiae in opposition to the Oneida Indian Nation's Motion for Summary Judgment and In Support of the City of Sherrill's Motion for Summary Judgment by Madison County, Oneida County November 13, 2000 AFFIDAVIT of David M. Schraver, Esq. on behalf of JA3 Madison County, Oneida County Re: in support of Memorandum of Law of Proposed Amici Curiae in support of City of Sherrill's Motion for Summary Judgment and in Opposition to Oneida Indian Nation of New York's Summary Judgment with Exhibits A through V. November 13, 2000 Letter application received from Oneida LTD., requesting leave to appear amicus curiae and to file the "Memorandum of Law and Addendum in opposition to the Oneida Indian Nation’s Motion for Summary Judgment and in Support of the City of Sherrill's Motion for Summary Judgment or in the alternative for a preliminary injunction. November 13, 2000 MEMORANDUM of Law by Oneida LTD. in support of application to appear as an amicus curiae and for leave to file Memorandum of Law and Addendum in Opposition to Oneida Indian Nation's motion for summary judge and in JA4 support of the City of Sherrill's motion for summary judgment. November 13, 2000 MEMORANDUM of Law and Addendum of Proposed Amicus Curiae, Oneida Limited in Opposition to the Oneida Indian Nation's Motion for Summary Judgment and In Support of the City of Sherrill's Motion for Summary Judgment or in the alternative for a preliminary injunction by Oneida LTD. November 13, 2000 AFFIDAVIT of Charles G. Curtis on behalf of Oneida
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