Manchester Band of Pomo Indians, Inc. v. United States

ORDER GRANTING MOTION FOR PARTIAL SUMMARY JUDGMENT INTRODUCTION

The Manchester Band of Porno Indians (“the Band”) brought this action on November 8, 1968, against the United States of America and certain officers of the Interior and Treasury Depart- merits (“the Government”) charging that they had failed to manage properly certain funds of the Ban,d.

After unsuccessful efforts to convene a three-judge court on the grounds that certain federal statutes were unconstitutional on their face because they discriminated against Indians, the Band then sought to obtain discovery. However, for reasons not explained to the satisfaction of the Court, the Government failed to comply with these discovery efforts. This failure is amply demonstrated by the following chronology.

The Band submitted its first set of interrogatories in October, 1970. Defendants objected to the interrogatories on November 10, 1970. At that time representations were made by counsel for the Government to the effect that answers to the interrogatories were being prepared. In May, 1971, the case was called for a status conference pursuant to Rule 119 of the Local Rules of Practice of this Court. Shortly thereafter, the…