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I Will Provide a Copy to the Solicitor for Review Supt: Route: Annotation: FRANCK Q ASSOCIATES Attorneys at Law 910 Florin Road, Suite 212 • • Cituz Sacramento, CaLifornia 95831 .iu,flIftI TeE. (916) 447-8400 • Fax (916) 447-0720 Herman Franck, Esq. Atto r ey Email: [email protected] Elizabeth Betowski, Esq. July 9, 2020 Troy Burd ck Bureau of dian Affairs 650 Capit lMal1,#850 Sacrament ,CA95814 troy.burdi [email protected] Re: Cabal ero v. Land Situated in the State of California, County ofElflorado in the State of California described as follows: Section 29, Township 10 North, Range 10 East Subpoena o US Bureau of Indian Affairs Mr. Burdiak: Enclosed .lease find the following: 1. Subpoe s a for records in new in rem action re Shingle Springs lands/Miwok lands 2. Courtes copy of First Amended In Rem complaint just so you know what the claim is about. Please not we already sent a eburtesy copy of the complaint to the Assistant Secretary for Indian Affairs, T. a MacLean Sweeney, for purposes of notice to BIA. We are giving you notice of the complaint inly to assist you in the review of our subpoena. Regard Herman Fr: s ck, Esq. Attorney f r Cesar Caballero Enclosures as stated AO88 (Rev 12/07'i Suhnoena in a Civil Case Issued by the UNITED STATES DISTifiCT COURT Eastern District of California Cesar Caballero SUBPOENA IN A CIVIL CASE V. Land Situated in the County of El Dorado etc. Case Number:' 20-cv-00866-KJM-AC TO: Custodiar of Records, United States Bureau of Indian Affairs 650 CapitI Mall Ste 8-500, Sacramento, CA 95814 Tel: (916) 930-3680 • YOU ARE COMMANDED to appear in the United States District court at the place, date, and time specified below to testify in the above case. PLACE OF TESTIMONY COURTROOM DATE AND TIME • YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition in the above case. PLACE OF DEPOSIT.ON DATE AND TIME E' YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at th place, date, and time specified below (list documents or objects): See Attachment hereto PLACE DATE AND TIME MM Printing, 1011 9th St, Sacramento, CA 95814 916-44-5333 8/10/2020 10:00 am • YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below. PREMISES DATE AND TIME Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers, directors, or,fnanaing agents, or other persons who consent to testiQ' on its behall and may set forth, for each person designated, th matters o frhich the person will testi1'. Federal Rule of Civil Procedure 30(b)(6). ISSUING IFATTORNEY FOR PLAINTIFF OR DEFENDANT) DATE SSIGNATt!TLE 7/9/2020 ISSUING FFICER' NAME, ADDRESS AND PHONE NUMB Herman Franck, Esq., Franck & Associates 910 Florin Road #212, Sacramento, CA 95831 (See Federal Rule of Civil Procedure 45 (c), (d), and (e), on next page) If action is pending ir district other than district of issuance, state district under case number. ATTACHMENT TO SUBPOENA TO U.S. BUREAU OF INDIAN AFFAIRS 1. A tue and correct authenticated copy of the BIA Index to Indian Land Records' exoerpted page, a copy of which is attached as Attachment 1. 2. A tue and correct authenticated copy of the BIA land records showing title, ownership, or other description of rights to any Native Americans concerning the real property legally described in the attached BIA Index to Indian Land Records, and further commonly known as Shingle Springs Rancheria, with the following legal description: "LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF EL DORADO, DESCRIBED AS FOLLOWS: SECTION 29, TOWNSHIP 10 NORTH, RANGE 10 EAST." 3. True and correct copies of any letters, memos or other correspondences given between BIA and any member of the US House of Representatives or Subcommittee of the House of Representatives, or member of the US Senate or Committee of the US Senate regarding the creation of the federal statute described as Act of Congress 06/30/13 (28 stai. 86), a copy of which is attached as Attachment 2. 4. True and correct copies of any letters, memos or other correspondences given between BIA and any member of the US House of Representatives or Subcommittee of the House of Representatives, or member of the US Senate or Committee of the US Senate regarding the creation of the federal statute described as Act of Congress 5/25/18 (40 stat. 570), a copy of which is attached as Attachment 3. 5. True and correct copies of any BIA memos or other written records regarding the lands legally described in the attached BIA Index to Indian Land Records, and further commonly known as Shingle Springs Rancheria, with the following legal description: "LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF EL DORADO, DESCRIBED AS FOLLOWS: SECTION 29, TOWNSHIP 10 NORTH, RANGE 10 EAST." LIST OF ATTACHMENTS Attachmen t 1: US Bureau of Indian Affairs Index to Indian Land Records, and related documenta tion showing recognition of the Miwok Tribe Attachmen t 2: Act of Congress 06/30/13 (28 stat. 86) Attachmen t 3: Act of Congress 5/25/18 (40 stat. 570) Attachment 1 li BUREAU .DIAf4 AFFAIRS - INDEX TO INL..U4 LAND RECORDS REALTY 1OWNSHtIL,dai— -- — RA1OE /Dt ffIJh4 Le p) A4J1TACRES TYPE GRANTOR GRANTEE REMARKS IW I ) NI ItN 55 S Ut NW IW NE NW St SI NE NW SE INSiR • '0 ' - -- TiTh1 Ix x x - / o.e /#/,.Ø . T' 0! ' X . .— 4La LqA .1 ____X X' X X I 4t 0 - 0 r 00 •0 0_ 0 :. -. ,• QT.- ORDER TRANSPERRING INHERITED INTERESTS :.'ttPATERr C.C. - CERJIFICATE OF COMPETENCY P. - PROSATE NO' GlE8TRIC!f FEE PATE i - -- -. siRienNs wa .X. - REGULAR $UBDMSICN - - WARRANTY DEED 0 b.. tob MY. RiGHT OF WAY . NOS REPRESENT LOTS . TO TRACT NO. INDICATES GOV'T..ND- LAND PREFIXED 'Y' TO TRACT NO. iNDICATES TRISAL LAND QI Attachment 2 SIXTY-T.U-LLD CONGRESS. Sass. I. Cn. 4. 1913. by the said States or by the county of Tunia, in the State of Arizona, and the county dlmperial, in the State of California, of at least two- thirds of the cost of said bridge; and that the proper authorities of the said States assume full responsibility for and will at all times maintain and repair said bridge and the approaches thereto: And Ctrnctlon provided further, That the bridge shall be built in accordance with VOL 34, p. 84. the provisions of the Act entitled "An Act to regulate the construc- tion of bridges over navigable waters," approved March twenty- third, nineteen hundred and six. ilavajo Indlasis. Establisldngdayamd For the purpose of enabling the Secretary of the Interior to carry into effect the provisions of the sixth article of the treaty of Juno Vol. p eighth, eiglteen hundred and sixty-eight, between the United States avajo Nation or Tribe of Indians, proclaimed August twelfth, eighteen hundred and sixty-eight wherebe United States agrees to provide school facilities for the ohil of the Navajo '1i4be of Indians, the sum of $100,000, or so much thereof as may lie necessary, is hereby aproriated, out of any funds in the Treasury not otherwise apnropnatea. In carrying out the authority hereby. conferred the saul Secretary may expend said funds, in his discretion in estahlishin day schoo or industrial schools, tribal habits an èliiniitio conditions being considered, suitable for the education of said Indians. WM5 SUPPLY. For the development of a water supply for the Navajo Indi, $15,000, to be immediately available and to rmm available until. expended. CALIFORNIA. eL0., of Szc. 3. For support and civilization of Indiana in California, in- cludin pay of employees, and for the nurchase of small tracts of land situated adjacent to lands heretofre purchased, and for urn- urovementa on lands for the use and occupancy of Indians in Call- omia, $57,000. '°5' For support and education of five hundred and thy Indian pupils at the Sherman Institute, Riverside, California, and for pay of super- intendent, $94,350; for general repairs and improvements, $10,000; in all, $104,350. Lion system. For reclamation and maintenance charge on Turns aflothients, dvazices. $40,000, to be reimbursed from the sale of surplus lands or from other funds that may be available, in accordance with the provisions oL 1 °1' of the Act of March third, nineteen hundred and eleven. rort Bidweli SChOoL For supuort and education of one hundred and twenty-five Indian pupils at £he Fort Bidwell Indian School, California, and for repairs aria improvements, $20,000. reenvilie School. For support and education of one hundred Indian punils at the Greenville Indian School, California, and for repairs and improve- ments, $20,000; new buildings, $10,000; in Boopa Valley all, $30,000. eon. For completing the construction of the wagon road on the Hoopa Wagon ooad. VoL 35. Th Valley Indian 1teservation, in the county of Humboldt, State of P California, and for the purpose of repairing that part of said road already constructed under tfie provisions of the Act of April thirtieth, nineteen hundred and eight, $5,000, to be expended under the direc- tion of the Secretary of the Interior. FLORIDA. Belief of Sendoolee. Use of balance. SEc. 4. That the unexpended balance of the appropriation of $10 000 oL 36, p. 1063. "for relief of distress among the Seminole Indians in Florida, and for purposes of their civilization," made in the Indian appropriation Act approved March third, nineteen hundred and eleven, is hereby reap- propriated and made available.
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