1. law, govt and politics

CM/ECF Requirements
CIVIL COVER SHEET
JS 44 (Rev. 09/11)
Case 2:12-cv-03046-LKK-CMK Document 1 Filed 12/19/12 Page 1 of 2
The JS 44 civil coversheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided
by local rules of court. This form, approved by the Judicial Conference of the United States inSeptember 1974, is required for the use of the Clerk of Court for the purpose of initiating
the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS
DEFENDANTS
CEDARVILLE COUNTY WATER DISTRICT, DOES 1 through 100,
inclusive
CEDARVILLE RANCHERIA
(b) County of Residence of First Listed Plaintiff Modoc
County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES)
NOTE:
(c) Attorneys (Firm Name, Address, and Telephone Number)
Modoc
(IN U.S. PLAINTIFF CASES ONLY)
IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
Attorneys (If Known)
California Indian Legal Services, 324 F Street, Eureka, CA 95501
Tel: (707) 443-8397
II. BASIS OF JURISDICTION
(Place an “X” in One Box Only)
’ 1
U.S. Government
Plaintiff
’ 3 Federal Question
(U.S. Government Not a Party)
’ 2
U.S. Government
Defendant
’ 4 Diversity
(Indicate Citizenship of Parties in Item III)
IV. NATURE OF SUIT
CONTRACT
’
’
’
’
’
’
’
’
’
’
’
’
110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excl. Veterans)
153 Recovery of Overpayment
of Veteran’s Benefits
160 Stockholders’ Suits
190 Other Contract
195 Contract Product Liability
196 Franchise
’
’
’
’
’
’
’
’
’
’
’
’
’
’
’
’
’
’
’
’
’
’
V. ORIGIN
’ 1 Original
Proceeding
(For Diversity Cases Only)
PTF
Citizen of This State
’ 1
DEF
’ 1
Citizen of Another State
’ 2
’
2
Incorporated and Principal Place
of Business In Another State
’
5
’ 5
Citizen or Subject of a
Foreign Country
’ 3
’
3
Foreign Nation
’
6
’ 6
(Place an “X” in One Box Only)
TORTS
’
REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property
III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff)
PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers’
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Med. Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education
FORFEITURE/PENALTY
PERSONAL INJURY
’ 365 Personal Injury Product Liability
’ 367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
’ 368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
’ 370 Other Fraud
’ 371 Truth in Lending
’ 380 Other Personal
Property Damage
’ 385 Property Damage
Product Liability
PRISONER PETITIONS
’ 510 Motions to Vacate
Sentence
Habeas Corpus:
’ 530 General
’ 535 Death Penalty
’ 540 Mandamus & Other
’ 550 Civil Rights
’ 555 Prison Condition
’ 560 Civil Detainee Conditions of
Confinement
’ 625 Drug Related Seizure
of Property 21 USC 881
’ 690 Other
and One Box for Defendant)
PTF
DEF
Incorporated or Principal Place
’ 4 ’ 4
of Business In This State
BANKRUPTCY
’ 422 Appeal 28 USC 158
’ 423 Withdrawal
28 USC 157
PROPERTY RIGHTS
’ 820 Copyrights
’ 830 Patent
’ 840 Trademark
’
’
’
’
’
’
LABOR
710 Fair Labor Standards
Act
720 Labor/Mgmt. Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Empl. Ret. Inc.
Security Act
IMMIGRATION
’ 462 Naturalization Application
’ 463 Habeas Corpus Alien Detainee
(Prisoner Petition)
’ 465 Other Immigration
Actions
’
’
’
’
’
SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))
FEDERAL TAX SUITS
’ 870 Taxes (U.S. Plaintiff
or Defendant)
’ 871 IRS—Third Party
26 USC 7609
OTHER STATUTES
’
’
’
’
’
’
’
’
’
’
’
’
’
’
’
’
’
375 False Claims Act
400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commodities/
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes
(Place an “X” in One Box Only)
Transferred from
’ 2 Removed from
’ 3 Remanded from
’ 4 Reinstated or ’ 5 another district
’ 6 Multidistrict
State Court
Appellate Court
Reopened
Litigation
(specify)
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
25 U.S.C. 177
VI. CAUSE OF ACTION Brief description of cause:
Trespass to and and ejectment from Indian reservation
CHECK YES only if demanded in complaint:
DEMAND $
’ CHECK IF THIS IS A CLASS ACTION
VII. REQUESTED IN
Fair rental value + ejectment JURY DEMAND:
UNDER F.R.C.P. 23
’ Yes
’ No
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
JUDGE
DOCKET NUMBER
IF ANY
DATE
SIGNATURE OF ATTORNEY OF RECORD
/s/ Delia Parr, Esq.
12/19/2012
FOR OFFICE USE ONLY
RECEIPT #
AMOUNT
Print
APPLYING IFP
Save As...
JUDGE
MAG. JUDGE
Reset
JS 44 Reverse (Rev. 09/11)
Case 2:12-cv-03046-LKK-CMK Document 1 Filed 12/19/12 Page 2 of 2
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required
by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the
use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil
complaint filed. The attorney filing a case should complete the form as follows:
I.
(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only
the full name or standard abbreviations. If the plaintiff or defendant is an official within agovernment agency, identify first the agency and then the official, giving
both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation
cases, the county of residence of the “defendant” is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section “(see attachment)”.
II.
Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C P.,
. which requires that jurisdictions be shown in pleadings. Place an “X” in one
of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an “X” in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdicti on arises under the Constitution of the UniteG States, an amendment to the
Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is aparty, the U.S. plaintiff or defendant code takes precedence, and box
1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of
the different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.)
III.
Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark
this section
for each principal party.
IV.
Nature of Suit. Place an “X” in the appropriate box. If the nature of s uit cannot be determined, be sure the cause of action, in S ection VI below, is
sufficient to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of
suit, select the most definitive.
V.
Origin. Place an “X” in one of the seven boxes.
Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition
for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict
litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this
box is checked, do not check (5) above.
Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge’s decision.
VI.
Cause of Action. Report the civil statute directlyrelated to the cause of action and give a brief description of the cause Do
. not cite jurisdictional statutes
unless diversity.
Example:
U.S. Civil Statute: 47 USC 553
Brief Description: Unauthorized reception of cable service
VII.
Requested in Complaint. Class Action. Place an “X” in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket numbers
and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.
Case 2:12-cv-03046-LKK-CMK Document 2 Filed 12/19/12 Page 1 of 6
1
2
3
4
5
Delia Parr (CA Bar No. 242458)
Dorothy Alther (CA Bar No. 140960)
Mark Radoff (CA Bar No. 119311)
CALIFORNIA INDIAN LEGAL SERVICES
324 F Street, Eureka, California 95501
Telephone:
(707) 443-8397
Facsimile:
(707) 443-8913
Attorneys for Plaintiff,
CEDARVILLE RANCHERIA
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
SACRAMENTO DIVISION
11
CEDARVILLE RANCHERIA,
12
Case No.: ________________________
Plaintiff,
COMPLAINT FOR TRESPASS
AND EJECTMENT
13
v.
14
CEDARVILLE COUNTY WATER DISTRICT,
DOES 1 through 100, inclusive,
15
Defendant.
16
17
INTRODUCTION
18
19
1.
This is an action brought by the CEDARVILLE RANCHERIA (hereinafter, the
20
“Tribe”), a federally-recognized Indian tribe, against the CEDARVILLE COUNTY WATER
21
DISTRICT (hereinafter, the “District”) and unknown agents, servants and/or employees of the
22
District, arising from the District’s installation of water pipes upon the Tribe’s land without
23
privilege or consent. The Tribe seeks the District’s ejectment from those portions of the Tribe’s
24
land which are wrongfully occupied, as well as damages.
25
JURISDICTION AND VENUE
26
27
28
2.
The Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1331 in that the
Tribe’s claims arise under the Constitution and the laws of the United States; and, pursuant to 28
COMPLAINT FOR TRESPASS AND EJECTMENT
Case 2:12-cv-03046-LKK-CMK Document 2 Filed 12/19/12 Page 2 of 6
1
U.S.C. § 1362 in that the Tribe is a federally-recognized tribe which asserts that the District’s
2
actions violate the Constitution and the laws of the United States.
3
3.
Venue is proper pursuant to 28 U.S.C. § 1391 in that the District is located in this
4
district, the actions forming the basis of this case took place in this district, and the real property
5
at issue is located within this district.
6
7
THE PARTIES
8
4.
The Tribe is, and at all times herein mentioned was, an Indian tribe listed on the
9
Department of Interior, Bureau of Indian Affairs’ (hereinafter, the “BIA”) roll of federally-
10
recognized tribes found at 77 Fed. Reg. 47869. The Tribe’s tribal lands are situated in Modoc
11
County, California.
12
13
5.
herein was, an entity residing and doing business in Modoc County, California.
14
15
The Tribe is informed and believes that the District is, and at all times mentioned
6.
The Tribe is informed and believes that the District is, and at all times mentioned
herein was, a county water district as described by California Water Code § 30000 et seq.
16
7.
The true names and capacities, whether individual, corporate, or otherwise of the
17
defendants named as Does 1 through 100, inclusive, are unknown to the Tribe. The Tribe is
18
informed and believes, and on that basis alleges, that each of said fictitiously-named defendants
19
are liable to the Tribe on the causes of action herein alleged, and therefore the Tribe sues said
20
defendants by said fictitious names. The Tribe will move to amend this Complaint when the true
21
names and capacities of said defendants have been ascertained.
22
8.
The Tribe is informed and believes, and on that basis alleges, that at all times
23
mentioned the defendants, and each of them, were the agents, servants and/or employees of each
24
of the other co-defendants, and in doing the things alleged in this Complaint were acting within
25
the scope of their authority as such agent, servant, and/or employee, and with the permission and
26
consent of their co-defendants.
27
///
28
///
2
COMPLAINT FOR TRESPASS AND EJECTMENT
Case 2:12-cv-03046-LKK-CMK Document 2 Filed 12/19/12 Page 3 of 6
1
GENERAL ALLEGATIONS
2
9.
This action arises out of a trespass on real property commonly referred to as the
3
Cedarville Rancheria (hereinafter, the “Rancheria”), a piece of real property of approximately
4
28.55 acres located in Sections 7 and 8, Township 42 N, Range 16 E, M.D.M. (identified by BIA
5
Tract IDs 621-T-5084, -5426, -5427, and -5428).
6
7
10.
the Tribe.
8
9
The Rancheria is held in trust by the United States of America for the benefit of
11.
On April 21, 1972, the District made an application to the BIA for two rights-of-
way on the Rancheria.
The first right-of-way requested was a 60-foot x 60-foot square
10
(hereinafter, the “Tank Site”), and the second was a 10-foot x 1,213.88-foot strip (hereinafter, the
11
“Water Line”). (See Exhibit A.) The Tank Site is approximately 93 feet from the western
12
boundary of the Rancheria. The purpose of the Tank Site was to place a water tower thereupon
13
which would provide water to the town of Cedarville, as well as five (5) homes located on the
14
Rancheria. The purpose of the Water Line was to place a water main thereupon to connect the
15
water tower to the town of Cedarville.
16
12.
17
Exhibit B.)
18
13.
19
The BIA granted the above rights-of-way to the District on July 13, 1972. (See
The Tribe is informed and believes that the above rights-of-way are the only
rights-of-way on the Rancheria which have been granted to the District.
20
14.
In November 1994, the District approached the Tribe about its desire to place a
21
second water tower approximately 30 feet north of the existing Tank Site water tower. This
22
second tank was intended to serve a number of purposes, including new water needs resulting
23
from the growth of the town of Cedarville, potential new large institutional customers, and
24
enhanced fire protection.
25
15.
The District and the Tribe were unable to come to an agreement regarding the
26
conditions for acquiring a second tank site, and no second tank was ever placed on the Rancheria.
27
///
28
///
3
COMPLAINT FOR TRESPASS AND EJECTMENT
Case 2:12-cv-03046-LKK-CMK Document 2 Filed 12/19/12 Page 4 of 6
1
16.
Instead, sometime between November 1994 and the present, the District placed a
2
second tank just beyond the Rancheria’s western boundary, and without privilege or consent
3
placed additional piping on the Rancheria between the two tanks in order to connect them.
4
17.
In addition, The Tribe is informed and believes that, at approximately the same
5
time as above, the District without privilege or consent placed additional piping upon the
6
Rancheria between the Tank Site and the town of Cedarville outside the boundaries of the Water
7
Line.
8
9
10
18.
The District’s aforementioned actions have been to the detriment of the Tribe.
Tribal lands have been wrongfully encroached upon. The Tribe and its members have been
deprived of use and possession of those lands and the rents and profits arising therefrom.
11
19.
The Tribe has made numerous attempts to contact the District in order to discuss
12
this matter and reach an agreeable remedy for the aforementioned activities. The District has
13
made no reply to these attempts since April 24, 2012.
14
15
FIRST CAUSE OF ACTION
16
(Trespass against District and Does 1 through 100)
17
18
20.
The Tribe incorporates by reference the allegations in paragraphs 1 through 19, as
though fully set forth herein.
19
21.
The Tribe is the beneficial owner of real property identified above as the
20
Rancheria. The Tribe is legally entitled to possession of the entire Rancheria save those portions
21
identified above as the Tank Site and Water Line.
22
22.
At some time between November 1994 and the present, the District intentionally
23
and wrongfully caused piping to be placed upon certain portions of the Rancheria outside of the
24
Tank Site and Water Line areas. The District has caused that unauthorized piping to remain on
25
the Rancheria.
26
23.
Despite the Tribe’s demands to the District to remedy the situation, the District
27
has failed and refused to do so.
28
///
4
COMPLAINT FOR TRESPASS AND EJECTMENT
Case 2:12-cv-03046-LKK-CMK Document 2 Filed 12/19/12 Page 5 of 6
1
2
3
4
24.
As a proximate result of the District’s trespass, the Tribe’s right to possession and
use of certain portions of the Rancheria has been interfered with.
25.
The Tribe has been damaged in an amount at least equal to the fair market rental
value of those certain portions.
5
6
SECOND CAUSE OF ACTION
7
(Ejectment against District and Does 1 through 100)
8
9
10
26.
The Tribe incorporates by reference the allegations contained in paragraphs 1
through 25, as though fully set forth herein.
27.
The United States holds legal title to the real property identified above as the
11
Rancheria. The Tribe holds beneficial title to the Rancheria and is legally entitled to possession
12
of the entire Rancheria save those portions described above as the Tank Site and Water Line.
13
28.
At some time between November 1994 and the present, the District intentionally
14
and wrongfully dispossessed the Tribe of certain portions of the Rancheria by causing piping to
15
be placed on those portions, which are outside of the Tank Site and Water Line areas. The
16
District has caused that unauthorized piping to remain on the Rancheria.
17
18
19
29.
Despite the Tribe’s demands to the District to remedy the situation, the District
has failed and refused to do so.
30.
As a proximate result of the District’s trespass, the Tribe’s right to possession and
20
use of certain portions of the Rancheria has been interfered with. The District should be ejected
21
from those portions of the Tribe’s lands which it is wrongfully occupying.
22
23
24
25
26
PRAYER FOR RELIEF
WHEREFORE, The Tribe prays for judgment against the District and Does 1 through
100, and each of them as follows:
1.
27
28
For general damages in an amount at least equal to the fair market rental value of
those portions of the Rancheria trespassed upon, according to proof.
2.
For special damages according to proof.
5
COMPLAINT FOR TRESPASS AND EJECTMENT
Case 2:12-cv-03046-LKK-CMK Document 2 Filed 12/19/12 Page 6 of 6
1
3.
For interest on damages at the legal rate.
2
4.
For immediate removal of the unauthorized piping and restoration of prior
3
conditions on the affected portions of the Rancheria at Defendant’s expense.
4
5.
For attorney fees and costs of suit incurred.
5
6.
For such other and further relief as the Court deems just, equitable, and proper.
6
7
DATED: December 19, 2012
CALIFORNIA INDIAN LEGAL SERVICES
8
9
10
11
By: /s/ Delia Parr, Esquire
Delia Parr
Attorneys for Plaintiff,
CEDARVILLE RANCHERIA
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6
COMPLAINT FOR TRESPASS AND EJECTMENT