/
`
`TTAB
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Trademark Application
`Serial Number 78758494
`
`Published in the Official Gazette on October 10, 2006
`
`SOUTHERN CHEROKEE NATION
`
`vs.
`
`SOUTHERN CHEROKEE NATION
`
`NOTICE OF OPPOSITION
`
`OPPOSER:
`
`Southern Cherokee Nation
`
`P.O. Box 581
`
`Webbers Falls, OK 74470
`Phone: (918) 464-2753
`E—Mail: peacemakergcggsouthemcherokeeok.com
`
`TYPE OF ENTITY: Indian Tribe
`
`Members of Governing Body (Council): Delilah J. Gray, John HR. Gray,
`Andrew D. Light, Stevie A. Matthews, Kimberly S. Miller, Gilda Y. Tyler, William E. Tyler
`
`Representative of Tribe in Legal Matters: Peacemaker Andrew D. Light
`
`10-23-2006
`
`US. Patent &TMOfc/TM Mail Rcpt Dr #22
`
`

`
`l
`
`OFFICE ’
`IN THE UNITED STATES PATENT AND
`BEFORE THE TRADEMARK TRIAL AND APPE§L%OARD
`
`
`
`19/25/26136emonnsevaamaea7375
`
`
`
`
`
`atFC:64@21
`
`In the matter of trademark application Serial No. 78758494
`For the mark SOUTHERN CHEROKEE NATION
`Published in the Official Gazette on October 10, 2006
`
`SOUTHERN CHEROKEE NATION
`V.
`
`SOUTHERN CHEROKEE NATION
`
`NOTICE OF OPPOSITION
`
`OPPOSER: SOUTHERN CHEROKEE NATION
`P.O. BOX 581
`WEBBERS FALLS, OK 74470
`Phone/fax: (918) 464-2753
`Email: peacemaker@southerncherokeeok.com
`
`TYPE OF ENTITY: INDIAN TRIBE
`
`MEMBERS OF GOVERNING BODY (COUNCIL): Delilah J. Gray, John H.R. Gray,
`Andrew D. Light, Stevie A. Matthews, Kimberly S. Miller, Gilda Y. Tyler, William E. Tyler
`
`REPRESENTATIVE OF TRIBE IN LEGAL MATTERS: Peacemaker Andrew D. Light
`
`The above-identified opposer believes that it will be damaged by registration
`of the mark shown in the above-identified application, and hereby opposes the
`same.
`
`The grounds for opposition are as follows:
`
`1. The Southern Cherokee Nation does not now nor has ever recognized
`Michael Buley or the group calling itself Southern Cherokee Nation in
`Henderson, Kentucky as legal representatives of the Southern Cherokee
`Nation. Mr. Buley attempted to claim position within the Southern
`Cherokee Nation here in Webbers Falls, Oklahoma in February 2005.
`Please see his letter and the Council response to same (See Exhibit 1).
`
`2. The Southern Cherokee Nation was involved in a case in the United
`States District Court for the Eastern District of Oklahoma located in
`
`

`
`
`
`.1:
`
`Muskogee, Oklahoma, case no. 05-CIV-049-WH, originally filed on
`January 28, 2005. This case was heard February 6-10, 2006. In the
`process ofthis case, the Southern Cherokee Nation was joined as a party
`plaintiffby federal Judge Ronald A. White in his Order dated May 16,
`2005, based upon our Motion to Join Additional Party dated April 8,
`2005 (See Exhibit 2). This is a case in which Michael Buley had no
`involvement. Also in this case, in the testimony of Gary W. Ridge,
`Ridge admits that he is neither Southern Cherokee nor a descendant of
`Major Ridge, contrary to his claims ofthe past. This is the same
`gentleman who allegedly appointed Michael Buley to a non-existent
`position which he later attempted to use to claim the position of“Chief’
`within the tribe (See Exhibit 3, p. 8: lines 14-18, p. 40: lines 3-5, 9-19).
`3. The Southern Cherokee Nation is involved in case no. CV-04-00746 in
`It in Muskogee, Oklahoma, originally filed on
`the Oklahoma District Cou
`May 20, 2004 with next action being a Disposition Hearing scheduled for
`January 17, 2007. Issuance ofthis trademark would seriously damage
`the tribe in this ongoing legal dispute (See Exhibit 4).
`
`Nation filed for and received Employer
`4. The Southern Cherokee
`—0551895 on May 28, 2002, recognizing the
`Identification Number 81
`elled at bottom to Wobbons Falls)
`organization in Webbers Falls (missp
`. The issuance of this
`
`
`
`Exhibit 5).
`
`kee Nation is a treaty tribe as referenced in the
`5. The Southern Chero
`the United States (See Exhibit 6). This treaty has
`Treaty of 1866 with
`never been abrogated and is still in full force and effect as evidenced in
`case no. 03-5055 in the United States Tenth Circuit Court of Appeals in
`which this treaty was upheld on November 16, 2004 (See Exhibit 7). The
`issuance ofthis trademark would confer upon Mr. Buley a status which is
`rightfully to be decided only through the United States Congressional and
`
`Judicial systems.
`6. We further believe that the issuance of a trademark to Mr. Buley for
`11 also be involved in the furtherance of
`“Southern Cherokee Nation” wi
`criminal fraud. In reference to the frauds being perpetrated by Mr. Buley
`in the name of the Southern Cherokee Nation, we respectfully request
`
`

`
`(_ .
`
`that you contact Mr. Paul Boyd of the U.S. Postal Inspection Service. I
`have been working with Mr. Boyd pertaining to fraud being perpetrated
`in the name of the Southern Cherokee Nation for almost two years. Mr.
`Boyd can give you his professional opinion of “historical documents”
`which can be found on Mr. Buley’sAwebsite,
`www.southemcherokeenation.net (See Exhibit 8). Mr. Boyd has assured
`me that he would be happy to give his opinion pertaining to this matter
`but that at this time, due to an ongoing investigation, he is unable to issue
`anything in writing pertaining to this incident. His contact information is
`listed below:
`
`Paul Boyd
`Postal Inspector
`U.S. Postal Inspection Service
`419 sw 6"‘
`
`Oklahoma City, OK 73109-5315
`EMAIL: pdboyd@uspis.gov
`TEL: 405-553-6515
`
`. As further evidence to the frauds being conducted online by Mr. Buley,
`we would also respectfiilly request that you contact Mr. Fred Karen, aide
`to Senator Mitch McConnell of Kentucky. I was informed by Mr. Karen
`in August 2006, after contacting the Senator’s office pertaining to a
`document on Mr. Buley’s website allegedly signed by Senator
`McConnell, that this “is not a legal document” (See Exhibit 9). He went
`on to tell me in a later conversation that he had contacted the USPTO to
`ascertain whether this document was being used in the attempt to obtain
`the trademark. Mr. Karen was informed at that time that the document
`
`had not been submitted as part of the information to obtain the trademark.
`At this time, we would like to submit this document as evidence of
`possible criminal fraud on the part of Mr. Buley. The contact numbers
`for Mr. Karen are as follows:
`
`TEL: 202-224-2541
`
`FAX: 202-224-2499
`
`. We respectfillly submit the following names and contact information, in
`addition to Mr. Boyd and Mr. Karen, for federal and local agencies with
`which I have been working in my capacity as Peacemaker in reference to
`
`

`
`all criminal activities nationwide being undertaken in the name of the
`Southern Cherokee Nation.
`
`Bo D. Leach
`Senior Special Agent
`SRT Commander
`1603 S. 101 E. Ave., Suite 134
`Tulsa, OK 74128
`TEL: 918-581-6306
`
`Linda M. Sweet, CPA
`Indian Tribal Govt; Specialist
`Tax Exempt and
`-
`Govt. Entities Division
`1645 S. 101“ E. Ave.
`TEL: 918-581-7030 X 243
`
`Linda Epperly
`Asst. U.S. District Attorney
`1200 W. Okmulgee Ave.
`Muskogee, OK 74401
`TEL: 918-684-5156
`
`William T. Grimmer
`Asst. U.S. District Attorney
`204 S. Main St.
`South Bend, IN 46601
`TEL: 866-719-4103
`
`Rick Ferrell
`
`Office of Investigation of the
`Inspector General’s Office for
`U.S. Dept. of the Treasury
`Washington, D.C. 20001
`TEL: 202-927-5762
`
`Rick Miller
`
`FBI
`South Bend, IN 46601
`TEL: 574-876-4033
`
`Lt. Frank Gropp
`Henderson County Sheriffs Dept.
`Henderson, KY 42420
`TEL: 270-826-2713
`
`Police Chief Gary Taylor
`Olla, LA 71465
`TEL: 318-495-5153
`
`9. Mr. Buley is in no way the first appointee of Gary W. Ridge who has
`used the name of the Southern Cherokee in the commission of fraud.
`Attached please find newspaper articles pertaining to the fraudulent
`activities in both Louisiana and Indiana which have been perpetrated by
`other Gary W. Ridge appointees, including federal felony convictions
`(See Exhibit 10).
`
`l0.We respectfully submit that the above-listed and attached evidence is
`sufficient proof that Mr. Buley has not had “substantially exclusive and
`continuous use” of the name SOUTHERN CHEROKEE NATION as
`claimed by Mr. Buley in his sworn statement filed with application.
`
`

`
`11.We also would respectfiJl1y submit that the attached documents would be
`sufficient for prosecution under 18 U.S.C. 1001 as evidence of Mr.
`Bu1ey’s knowledge pertaining to the use of the name SOUTHERN
`CHEROKEE NATION by other parties, particularly as evidenced in his
`own hand by Exhibit 1.
`
`By
`
`§
`
`'
`
`Andrew D. Light
`Peacemaker of the Southern Cherokee Nation
`
`Date @1132, Q/[
`
`

`
`RESPONDENT’S
`EXHIBIT
`_l___
`
`§
`
`

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`
`Dear Mr. Buley,
`This letter is in regards to your contacting tribal members and
`telling them you are Chief of the SCN, due to your position as
`Secretary of State. You were appointed by a Vice- Chief who had
`no authority whatsoever to do so. The legal Council and
`Committee did not approve this appointment. There is nothing in
`the Constitution about a Secretary of State. We do not have a court
`system. The SCN is not the Treaty party. They are not the CNO.
`They are people that go back to Stand Watie’s regiments that
`fought for the south, or lived in the Canadian District. If it does not
`come through the General Council, it is not from the SCN. If this
`does not stop, we will be forced to take legal action. Thank You
`SCN, elected General Council.
`
`SCN General Council
`
`P.O. Box 581
`
`Webbers’ Falls, Ok. 74470
`
`

`
`
`
`
`
`
`
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`(Endorsement Required)
`
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`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE EASTERN DISTRICT OF OKLAHOMA
`
`RESPONDENT’S
`EXHIBIT
`
`__L__
`
`Case N 0. CIV-05-049-WH
`
`
`
`-3’
`rriuch
`
`JOHN GRAY, et al.,
`
`Plaintiffs,
`
`V.
`
`GARY WAYNE RIDGE, et al.,
`
`\./\a\.4\./\a\a\/\a\/
`
`ORDER
`
`Before the Court are two motions. The parties have done considerable
`
`of it at cross—purposes. On January 28, 2005, the complaint in this case was filed, alleging
`
`improprieties on defendants’ part as to tribal governance and tribal land, allegedly in
`violation of federal civil rights. The claims were brought on behalf of multiple plaintiffs,
`
`only one of whom signed the complaint, in a pro se capacity.
`
`Defendants filed a motion to dismiss on March 7, 2005, asserting lack of subject
`
`matter jurisdiction. On March 24, 2005, the Court entered an Order directing that an
`amended complaint be filed providing all pro se plaintiffs’ signatures, and address and
`
`telephone number, if any. On April 8, 2005, attorney Corrine O’Day filed an entry of
`
`appearance onbehalfofplaintiffs. This filing obviated the Court’s concerns reflected in the
`
`March 24 Order.
`
`On the same day, Ms. O’Day filed a motion tojoin additional party. She moved the
`
`Court to join the Southern Cherokee Nation as a necessary plaintiff. A proposed amended
`
`complaint was also submitted, which named the Southern Cherokee Nation as a plaintiff. A
`
`I I I I
`
`(
`
`(
`
`|
`
`I
`
`|
`
`I
`
`I
`
`H
`
`'
`
`I
`
`'
`
`I
`
`I I
`
`

`
`hearing took place April 27, 2005. During the hearing, the Court questioned Ms. O’Day,
`
`based on the tentative assumption that plaintiffs sought to add Southern Cherokee Nation as
`
`an involuntag; plaintiff. “A party may be made an involuntary plaintiff only if the person is
`
`beyond thejurisdiction of the court, and is notified ofthe action and refuses to join.” Wright
`
`& Miller, Federal Practice and Procedure §1606 at 73 (2001). Plaintiffs’ motion to join
`
`additional party had made no effort to demonstrate these factors. “[I]f the absentee is within
`
`the jurisdiction, the absentee must be served with process and made a defendant.” Id. at 74.
`
`The Court made its tentative assumption because plaintiffs cited Rule 19 F.R.Cv.P.
`
`(joinder of necessary party) as authority for the motion. If plaintiffs sought to add Southern
`
`Cherokee Nation other than as an involuntary plaintiff, all that needed to be done was the
`
`filing of an amended complaint. A motion to dismiss does not constitute a “responsive
`
`pleading” under Rule l5(a) F.R.Cv.P., and therefore plaintiffs could have amended their
`
`complaint without requesting or receiving leave ofcourt. See Brever v. Rockwell Int '1 Corp.,
`
`40 F.3d 1119, 1131 (10"‘ Cir.1994).
`
`The assumption was evidently incorrect. In plaintiffs’ reply to defendants’ objection
`
`to the motion to join additional party, plaintiffs concede that “Southern Cherokee Nation
`
`cannot be made a party without its consent.”‘ For their part, defendants “admit that
`
`[Southern Cherokee Nation] is a necessary party to resolution of Plaintiffs’ alleged
`
`grievances, but deny that Plaintiffs have the authority to act on behalf of [Southern Cherokee
`
`‘The concession should be that Southern Cherokee Nation cannot be made a party laintiff without
`its consent.
`
`
`
`

`
`Nation] as a Plaintiff.” Both sides have submitted evidentiary materials, involving election
`
`results, the voiding of said results, and the minutes of meetings.
`
`Under the circumstances, the Court elects to treat the plaintiffs’ motion to join
`
`additional party as a traditional motion to amend complaint. Pursuant to Rule 15 F.R.Cv.P.,
`
`“leave to amend shall be freely given when justice so requires.” Leave to amend should
`
`generally be refused only on a showing of undue delay, undue prejudice to the opposing
`
`party, bad faith or dilatory motive, failure to cure deficiencies by amendments previously
`
`allowed, or futility of amendment. Duncan v. Manager, Dept. ofSafety, 397 F.3d 1300, 13 15
`
`(10“‘ Cir.2005).
`
`In their opposition, defendants have demonstrated none of these
`
`circumstances, except perhaps futility, if plaintiffs are actually not authorized to represent
`
`the Southern Cherokee Nation.
`
`As the Court has already stated, resolution of this issue is fact—intensive and will
`
`require review of evidentiary materials outside the pleadings. Therefore, the Court will
`
`permit the amended complaint (which plaintiffs could have filed without leave of court in
`
`any event) and defendants may challenge the propriety of the Southern Cherokee Nation as
`
`a party plaintiff by filing a motion for summary judgment.
`
`When such a motion is filed, defendants may also address, in fuller form than their
`
`two-page motion to dismissz, the issue of subject matter jurisdictioni Plaintiffs have
`
`conceded defendants’ argument that diversity jurisdiction does not exist in this case.
`
`3The Court will deny the pending motion to dismiss in view of the filing of an amended complaint.
`
`3
`
`

`
`Plaintiffs have cited 28 U.S.C. §1362, which provides original jurisdiction of civil actions
`
`“brought by any Indian tribe or band with a governing body duly recognized by the Secretary
`
`of the Interior, wherein the matter in controversy arises under the Constitution, laws, or
`
`treaties of the United States.” (emphasis added). Plaintiffs concede that the Southern
`
`Cherokee Nation is not federally recognized at this time. Thus, jurisdiction under this statute
`
`appears unavailable, but the Court reserves ruling.
`
`Plaintiffs also cite 28 U.S.C. §l337, which they assert provides district courts
`
`jurisdiction over “causes of action which affect interstate commerce” This is incorrect. The
`
`statute confers jurisdiction over actions arising under an Act of Congress regulating
`
`commerce or protecting trade and commerce against restraint or monopolies when the Act
`
`of Congress does not have its own jurisdiction-conferring provision. See 11T v. Vencap, Ltd. ,
`
`519 F.2d 1001, 1015 (2d Cir.1975).
`
`In other words, the statute confers jurisdiction in
`
`particular cases but does not in and of itself create a federal cause of action. See Colorado
`
`Labor Council, AFL-CIO v. Amer. Federation ofLabor, 481 F.3d 396, 400 (1 0"‘ Cir. 1 973).
`
`Applicability of the statute to this case merits further briefing by the parties3.
`
`Finally, plaintiffs have not responded to defendants’ citation of Santa Clara Pueblo
`
`v. Martinez, 346 U.S. 49 (1978)(Indian Civil Rights Act provides no federal cause of action,
`
`aside from habeas corpus, against a tribe or its officers) or to the issue of tribal sovereign
`
`3Plaintiffs also suggest that alleged violation of the federal mail and wire fraud statutes provide
`-
`jurisdiction in a civil case.
`(Response to Motion to Dismiss at 5). The Tenth Circuit has ruled to the
`contrary. See Oppenheim v. Sterling, 368 F.2d 516, 518-19 (10"' Cir.l966), cert. denied, 386 U.S. 1011
`(1967).
`
`C
`
`C
`
`

`
`immunity regarding §1983 actions. See E.F. W. v. St. Stephen ’s Indian High Sch., 264 F.3d
`
`1297 (l0‘“ Cir.200l)(employees of tribal social services enjoyed sovereign immunity from
`
`mother’s civil rights claims). The proposed amended complaint submitted to the Court does
`
`not reference (as did the original pro se complaint) the Indian Civil Rights Act or 42 U.S.C.
`
`§l983.
`
`Indeed, the proposed amended complaint does not reference the means by which
`
`plaintiffs seek to assert a federal claim. This defect should be remedied in the amended
`
`complaint which plaintiffs actually file.
`
`It is the Order of the Court that the motion of the plaintiffs to join additional party
`
`(#17), treated as a motion to amend complaint, is hereby GRANTED. Plaintiffs shall file an
`
`amended complaint within ten (10) days of the date of this Order. The motion of the
`
`defendants to dismiss (#10) is hereby DENIED without prejudice, subject to renewal upon
`
`the filing of the amended complaint. The parties are advised that the Court will consider
`
`such a renewed motion as a motion for summary judgment to the extent the Court must
`
`consider materials outside the pleadings in its resolution.
`'
`‘bk
`l / DAY OF MAY, 2005.
`
`ORDERED THIS
`
`(2% Z, 2/.
`
`RONALD A. WHITE
`
`UNITED STATES DISTRICT JUDGE
`
`

`
`A
`
`if
`"
`IN THE UNITED STATES _DISTRICT couRT.
`r.=oR THE‘ EASTERN DISTRICT OF OKLAHOMA_ H
`
`JOHN GRAY, DELILAH GRAY,
`STEVIE MAT'l'HEWS,ANDREW LIGHT,
`CAROLE LIGHT, MELVA BOOKOUT,
`LENORA WILLIAMS, and SHIRLEY
`TAYLOR, et. al.
`
`Plaintiffs,
`
`vs.
`
`GARY WAYNE RIDGE AND JOANN
`RIDGE, husband and wife, JUDITH
`GUNIER, BRENT GILL and RUSSELL
`JONES, et. al.
`
`Defendant.
`
`\/\/\z\_/\/\/\/\/\_/\/\/\,\,\/\.c. Case No. CIV—O5-049-WH
`
`MOTION TO JOIN ADDITIONAL PARTY
`
`COME NOW the Plaintiffs, by and through their attorney of record,
`
`Corrine O’Day, and pursuant to Rule 19, Fed_._ R. Civ. P. hereby move this
`
`Honorable Court for an Order joining the Southern Cherokee Nation as a
`
`necessary party to this action.
`
`In support of this Motion, Plaintiffs would
`
`show the Court as follows:
`
`1.
`
`All Plaintiffs are members or married to a member of the
`
`Southern Cherokee Nation.
`
`2.
`
`All the claims involved herein benefit both the Plaintiffs and the
`
`Southern Cherol<ee- Nation.
`
`3.
`
`All the Plaintiffs herein raise claims on behalf of Southern
`
`Case No. CIV-O5-O49-WH
`
`Page 1 of 3
`
`

`
`Cherokee Nation." —
`
`4.
`
`Plaintiffs failed to include Southern Cherokee Nation-in'the O
`
`caption when they filed their original complaint pro se.
`
`Plaintiffs have retained an attorney to represent them further in this
`
`action.
`
`5.
`
`Southern Cherokee Nation is a necessary Plaintiff, in that some
`
`of the claims Plaintiffs have raised are claims which Plaintiffs are not the
`
`direct beneficiaries.
`
`6.
`
`Plaintiff's Counsel attempted to contact Counsel for all
`
`Defendants, but was unable to have direct contact with Counsel for all
`
`Defendants.
`
`7.
`
`At this time, no Scheduling Order has been entered such that
`
`Joinder of Parties is out of time or will affectan existing Scheduling Order in
`
`any way.
`
`WHEREFORE, Plaintiffs pray that this Court allow the Joinder of
`
`Southern Cherokee Nation as a necessary party under Rule 19, Federal Rules
`
`of Civil ‘Procedure.
`
`Respectfully submitted,
`
`
`
`Omwa
`
`
`
`Corrine Lynn O'Day, OBA # 19900
`314 W. Broadway St.
`‘
`Muskogee, OK _74401-6610
`Phone:
`(918) 680-3400
`
`"
`
`Case No. CIV-05-O49-WH
`
`Page 2 of 3
`
`

`
`~
`
`'
`
`A Fax: '(918) 680-3401
`Attorney for the Plaintiffs
`
`CERTIFICATE OF MAILING
`
`, 2005, I
`'_'
`I, Corrine O’Day, hereby certify that on April
`caused to be mailed, by first-class mail postage "prepaid, a true and correct
`copy of the within and foregoing First Amended Complaint, to:
`
`Troy R. Douglas
`1817 Harvard Avenue
`Fort Smith, AR 72908-8559
`
`Bill R. Perceful
`
`P.O. Box 237
`
`Pocola, OK 74902
`
`Case No. CIV-05-049-WH
`
`Corrine O’Day
`
`
`
`

`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE EASTERN DISTRICT OF OKLAHOMA
`
`RESPONDENT’S
`EXHIEEIT
`___3_
`
`
`
`) ) ) ) ) ) )
`
`JOHN GRAY, DELILAH GRAY, STEVIE
`MATTHEWS, ANDREW LIGHT, CAROLE
`LIGHT, MELVA BOOKOUT, LENORA
`WILLIAMS and SHIRLEY TAYLOR,
`and SOUTHERN CHEROKEE NATION,
`Plaintiffs,
`
`vs.
`
`) No. CIV—O5—49—RAW
`
`ORIGINAL
`
`) ) ) ) ) )
`
`GARY WAYNE RIDGE and JOANN RIDGE,
`husband and wife,
`JUDITH GUNIER,
`BRENT GILL, and RUSSELL JONES,
`
`Defendants.
`
`*****1\--k*
`
`PARTIAL TRANSCRIPT OF JURY TRIAL
`
`February 7, 2006
`before the HONORABLE RONALD A. WHITE,
`United States District Court Judge
`
`***1\'****
`
`A P P E A R A N C E S
`
`MS. CORRINE O’DAY—HANAN, P.O. Box 676, Muskogee,
`Oklahoma, 74402, attorney on behalf of the Plaintiffs;
`
`JON VELIE, Velie & Velie, 210 East Main Street,
`MR.
`Suite 222, Norman, Oklahoma, 73069, attorney on behalf of
`the Defendants.
`
`Reported by
`
`Ken Sidwell, RPR
`
`United States Court Reporter
`P.O. Box 3411
`
`~
`
`Muskogee, Oklahoma
`
`74402
`
`United States District Court
`
`10
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`11’
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`

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`
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`11_:,.M,‘,_
`
`
`
`um
`
`helps me hear you a little better.
`
`A
`
`Q
`
`Okay.
`
`Now, you stated that you were investigating your
`
`II
`
`II]
`
`I),
`
`heritage. Did you,
`
`in fact, discover that you were not
`
`related to any Southern Cherokee Indians?
`
`A
`
`Q
`
`I can't make that statement now.
`
`I don't know.
`
`At this time, as you sit here today, you've not found
`
`any evidence of your history to the Southern Cherokees?
`
`\\I
`
`A
`
`It's possible, but I haven't really researched my
`
`genealogy to a particular Southern Cherokee because I
`
`i
`
`didn't see it mattered.
`
`Q
`
`A
`
`Q
`
`Okay.
`
`And I wasn't out for monetary gain.
`
`I understand. But the question is: At this time, as
`
`you sit here today, you have not yet found any evidence
`
`that you trace to Southern Cherokee; right?
`
`Is it yes or
`
`no?
`
`A
`
`Q
`
`A
`
`Q
`
`I'll have to say no, but it's a --
`
`Thank you.
`
`—— long shot.
`
`Do you recall the date you discharged from the
`
`military service?
`
`A
`
`Q
`
`A
`
`Beg your pardon?
`
`The date you discharged from the military service?
`
`South Carolina.
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`25
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`United States District Court
`
`
`
`

`
`40
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`member of the Southern Cherokee Nation?
`
`A
`
`Q
`
`No,
`
`I'm not.
`
`Have you ever been a member —- an enrolled member of
`
`the Southern Cherokee Nation?
`
`A
`
`Q
`
`No, ma’am.
`
`At all times since the system changed, you've been
`
`simply a registered applicant?
`
`A
`
`Q
`
`That's correct.
`
`It's true, sir,
`
`that in the past you have informed
`
`members who have attended these meetings from 1999, 2000,
`
`2001 to 2002 that at each of these meetings you informed
`
`the members that you were direct descendant of Major
`
`Ridge?
`
`A
`
`Q
`
`That is a lie.
`
`Okay.
`
`Is it not true that you have told people you
`
`are a direct descendant of Major Ridge?
`
`A
`
`Q
`
`No,
`
`I have not.
`
`Is it not true that you told people that you're a
`
`direct descendant of a brother of Major Ridge?
`
`A
`
`I have told people that I descend from Scarslaw
`
`(phonetic) Ridge.
`
`I think he was possibly the brother of
`
`Major Ridge. That part, yes,
`
`that is true.
`
`Q
`
`Now,
`
`is it not true that Major Ridge is a significant
`
`historical figure to the Southern Cherokee Nation?
`
`A
`
`Yes, it was.
`
`(H
`
`H
`
`In
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`\_11
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`23
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`24
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`25
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`United States District Court
`
`

`
`Oklahoma I)1str1ct Court Records
`
`page 1 of4
`
`Oklahoma District Court Records
`
`FlESPONDENT’S
`
`Disclaimer Home
`
`g
`
`EXHIBIT
`1
`
`Case Detail
`
`Back to Results New Search Search Again
`
`County
`Case
`
`Muskogee - County Last Updated: 10/06/2006 16:20
`CV-04-00746
`
`DYNAMIC GAMING SOLUTIONS INC. vs. SOUTHERN CHEROKEE NATION
`
`Date Filed
`
`05/20/2004
`
`Amount owed $0.00 (as of 10/06/2006 16:20)
`
`72.00
`
`$6.00
`$2.00
`
`10.00
`
`69
`
`$1.00
`
`IIIDUHIIIIIIUIIHUUIIIIIE
`
`20.00
`10.00
`$1.00
`91.00
`
`9
`
`CAUSE
`QUIET TITLE
`
`PARTIES
`
`|
`
`~
`
`~
`
`I
`U
`
`Judge
`
`Plntf Atty.
`Plaintiff
`
`Attorney
`
`Attorney
`Defendant
`
`NORMAN, MIKE
`
`WRIGHT STOUT FITE VVILBURN - MUSKOGEE OK
`DYNAMIC GAMING SOLUTIONS INC.
`
`MCDOUGAL, CRAIG - NORMAN OK
`
`VELIE, JON - NORMAN OK
`SOUTHERN CHEROKEE NATION
`
`05/20/2004
`
` ase Entries
`ILE & ENTER PETITION
`
`W LIBRARY
`
`5 I
`
`SPUTE MEDIATION
`
`06/1 7/2004Ifililiiflfllflllllflflflfl
`
`HILD ABUSE MULTIDISCIPLINARY ACCOUNT ($91.00)
`
`10% Assessment for Collection and Disbursal of CAMA Fee
`
`05/20/2004
`
`ORDER TO VACATE DEED
`
`06/01/2004
`
`ENTRY OF APPEARANCE
`
`06/01/2004 MOTION TO INTERVENE
`
`06/01/2004 MOTION AND MEMORANDUM OF AUTHORITIES FOR ADMITTANCE PRO
`
`06/01/2004 MOTION TO VACATE COURT ORDER AND MOTION TO DISMISS
`(Entry with fee only)
`(Entry with fee only)
`HECK ON HARROLD RETURNED INSF. FUNDS
`
`06/02/2004
`
`06/02/2004
`
`ETURN CHECK FEE WAIVED PER PAULA SEXTON JB
`
`06/16/2004
`
`OTICE OF MOTION TO DIANNE BARKER HARROLD
`
`06/16/2004
`
`RDER FOR ADMISSION PRO HAC VICE
`
`OTION FOR CONTINUANCE
`
`OTION TO INTERVENE/TO VACATE. PLA|NT|FF'S MOTION FOR
`
`http://www.odcr.com/detail.php?Case=05 1 -CV-H—O400746&County=05 1 -&PHPSESSID=0s1 ke8j
`
`10/8/2006
`
`
`

`
`Uklanoma Uxstnct Court Records
`
`'
`
`page 2 of4
`
`CONTINUANCE GRANTED. ATTYS TO RESET AFTER 6-21-04. MN
`
`06/24/2004
`
`RDER SETTING HEARING ON MOTION TO INTERVENE
`
`0O
`
`7/22/2004
`
`OTICE OF CASE SETTING - RESET
`
`8/06/2004
`
`OTION TO VACATE AND MOTION TO INTERVENE. COURT FINDS
`
`(D
`
`ERVICE, AS PER DEFAULT JOURNAL ENTRY BY MR. DOUGLAS.
`
`02/04/2005
`
`ENTRY OF APPEARANCE
`
`2/04/2005
`
`ORDER SETTING HEARING
`
`3/11/2005 MOTION FOR CONTINUANCE
`
`3/11/2005
`
`ORDER FOR CONTINUANCE
`
`3/11/2005
`
`ORDER TO RESET HEARING
`
`U
`
`3/11/2005
`
`3/14/2005
`
`DECLARATION AND MOTION
`
`MOTION TO INTERVENE. PASSED BY PLAINTIFF TO 3-28-05.
`
`ALL PARTIES NOTIFIED. MN
`
`3/28/2005
`
`ENTRY OF APPEARANCE
`
`03/28/2005
`
`MINUTE ORDER
`
`3/28/2005
`
`SCHEDULING ORDER
`
`3/28/2005
`
`MOTION TO INTERVENE. AS PER AGREED SCHEDULING ORDER.
`
`7/19/2005
`
`OTICE OF CASE SETTING
`
`8/17/2005
`
`M PUC. RICHARDSON; DEF/T. DOUGLAS
`
`9/06/2005
`
`09/14/2005
`
`o
`
`9/1 4/2005
`
`1 0/1 4/2005
`
`1 0/1 7/2005
`
`10/17/2005
`
`10/17/2005
`
`U
`
`'0
`
`RE-TRIAL CONFERENCE. STRICKEN, NO APPEARANCES. MN
`
`ETITION FOR DECLARATORY JUDGMENT
`
`RDER SETTING HEARING
`
`OTION FOR SUMMARY JUDGMENT
`
`E0
`
`23
`
`11
`
`EQUEST SEEKING CONFESSION OF ALLEGATIONS CONTAINED IN
`
`ETITON FOR DECLARATORY JUDGMENT DUE TO DEFENDANT'S
`
`TI
`
`AILURE TO RESPOND AND PET|TIONER'S RESPONSE TO
`
`$50.00
`
`U
`EFENDANT'S MOTION FOR SUMMARY JUDGMENT
` ECLARATORY JUDGMENT. PARTIES T0 RESET. NT
`OTION FOR SUMMARY JUDGMENT PASSED TO 11-14-05 AT
`
`HHDDUIIUUUIIUIIUHIIIIUHIHUDUIIHHIIUUHIIIIUHHIIHIIHUUDUI
`lfliiillIIIIHIIIIUHIIIIIUIIIIIIIIHIIIIIIIIIHIIII
`
`2 (
`
`0
`
`:00 A.M. NT
`
`1 1/09/2005
`
`I11
`
`NTRY OF APPEARANCE
`
`1 1/09/2005
`
`OTION FOR CONTINUANCE
`
`1 1/09/2005
`
`RDER OF CONTINUANCE
`
`12/13/2005
`
`OTION TO DISMISS
`
`12/13/2005
`
`RIEF IN SUPPORT OF DEFENDANT'S MOTION TO DISMISS
`
`12/13/2005
`
`RDER FOR HEARING
`
`12/13/2005
`
`ECLARATORY JUDGMENT. PL: LLOYD PAYTON; DEF: JOHN
`
`ELIE. MR. DOUGLAS ALLOWED TO WITHDRAW. PASSED
`
`TO 1-13-06 @ 1130 ALL ISSUES, LETTER WITHIN TEN DAYS.
`
`1/10/2006 MOTION FOR CONTINUANCE
`
`http://www.odcr.com/detail.php?Case=051 -CV++0400746&County=05 1 -&PHPSESSID=0s I ke8j
`
`10/8/2006
`
`

`
`I
`
`Uklahoma Ulstnct Court Kecords
`
`'
`
`page 3 of4
`
`01/10/2006
`
`RDER OF CONTINUANCE
`
`2/13/2006
`
`NTRY OF APPEARANCE
`
`02/13/2006
`
`LL ISSUES PENDING. PL: CHAD RICHARDSON; DEF: CRAIG
`
`02/21 /2 006
`
`UH
`
`CDOGAL. DECISION 2-21-06 @ 9:00. MN
`ECISION. NOTIFIED ATTYS BY PHONE. ALL MOTIONS
`
`ENIED, SCHEDULING CONFERENCE ORDER WITHIN 20 DAYS,
`
`L TO DEF. MN
`
`03/03/2006
`
`NSWER TO PETITION FOR DECLARATORY JUDGMENT AND BRIEF
`
`IN SUPPORT, WITH COUNTERCLAIM
`
`04/20/2006
`
`MOTION FOR DEFAULT JUDGMENT
`
`04/21/2006
`
`ORDER SETTING HEARING
`
`05/1 2/2006
`
`MOTION FOR DEFAULT JUDGMENT. DEF: JON VELIE; CORRINE
`
`O'DAY HANAN; CRAIG MCDOUGAL. DEFENDANT'S MOTION
`
`GRANTED PER JOURNAL ENTRY. MN
`
`05/19/2006 MOTION TO VACATE DEFAULT JUDGMENT
`
`05/19/2006
`
`ORDER SETTING HEARING ON MOTION TO VACATE DEFAULT
`
`06/07/2006
`
`JUDGMENT
`
`DEF'S MOTION TO COMPEL PETITIONER TO RESPOND TO
`
`INTERROGATORIES, REQUEST FOR ADMISSION & REQUEST FOR
`
`‘O
`
`RODUCTION OF DOCUMENTS & BRIEF IN SUPPORT
`
`IIE
`
`'
`
`06/08/2006
`
`RDER SETTING HEARING
`
`06/1 9/2006
`
`CHEDULING ORDER
`
`06/1 9/2006
`
`OTION TO VACATE JUDGMENT. PL: LLOYD PAYTON; DEF:
`
`ORRINE O'DAY. MOTION TO VACATE GRANTED, SCHEDULING
`
`RDER FILED TODAY. MN
`
` 07/05/2006
`LAINT|FF'S RESPONSE TO FIRST REQUEST FOR ADMISSIONS
`ETITIONER'S ANSWER TO COUNTER-CLAIM
`7/05/2006
`
`07/05/2006
`
`07/05/2006
`
`ETITIONER'S RESPONSE TO FIRST SET OF INTERROGATORIES
`
`ETITIONER'S RESPONSE TO FIRST REQUEST FOR PRODUCTION
`
`UIiilllflfllllflfllfl
`
`07/07/2006
`
`OTION TO COMPEL PASSED TO 7-14-06 @ 9:00 MN
`
`ECISION. DEFAULT JOURNAL ENTRY SET ASIDE, SCHEDULING g
`07/14/2006
`|:| ORDER AS FILED TODAY. MN
`
`HUUUIIUIIHUU
`IIHIIUIIIIU
`
`IHHHHHHUHUIIIIUHHUUUIIUUUUUHU
`
`NOTICE OF CASE SETTING
`MOTION TO VVITHDRAW
`ORDER ALLOWING WITHDRAWAL
`
`09/19/2006
`
`ENTRY OF APPEARANCE
`CM PUW. STOUT; DEF/J. VELIE & c. O'DAY-HANAN
`:) STRIKE BY AGREEMENT TA
`APPLICATION TO VVITHDRAW AS A'ITORNEY OF RECORD
`RDER AUTHORIZING WITHDRAWAL OF CORRINE O'DAY-HANAN
`
`09/28/2006
`
`' http://www.odcr.com/detail.php?Case=051-CV++0400746&County=051-&PHPSESSID=0s1ke8j
`
`10/8/2006
`
`Total:
`
`$263.0
`
`

`
`Oklahoma I)1strict Court Records
`
`Page 4 of 4
`
` alendar Events
`ate Action: MOTION TO VACATE Completed 2 06/18/2004 Code: X
`
`ate Action: MOTION TO INTERVENE Completed : 06/18/2004 Code: X
`
`ate Action: MOTION TO VACATE Completed : 07/22/2004 Code: X
`
`ate Action: MOTION TO INTERVENE Completed : 07/22/2004 Code: X
`
`ate Action: MOTION TO VACATE AND MOTION TO INTERVENE Completed : 08/06/2004 Co
`
`ate Action: MOTION TO INTERVENE Completed : 03/11/2005 Code: X
`
`ate Action: MOTION TO INTERVENE Completed : 03/28/2005 Code: X
`
`ate Action: DISPOSITION DOCKET Completed : 08/17/2005 Code: X
`
`ate Action: PRE TRIAL CONFERENCE Completed : 09/06/2005 Code: X
`
`ate Action: DECLARATORY JUDGMENT Completed : 10/17/2005 Code: X
`
`ate Action: DECLARATORY JUDGMENT Completed : 11/09/2005 Code: X
`
`ate Action: DECLARATORY JUDGMENT Completed : 12/13/2005 Code: X
`
`ate Action: ALL ISSUES PENDING Completed 2 01/10/2006 Code: X
`
`ate Action: ALL ISSUES PENDING Completed : 02/13/2006 Code: X
`
`ate Action: DECISION Completed : 02/21/2006 Code: X
`
`ate Action: MOTION FOR DEFAULT JUDGMENT Completed : 05/12/2006 Code: X
`
`ate Action: MOTION TO VACATE JUDGEMENT Completed : 06/19/2006 Code: X
`
`ate Action: MOTION TO COMPEL
`
`ate Action: DECISION
`
`ate Action: DISPOSITION DOCKET
`
`ate Action: DISPOSITION DOCKET
`
`1:30
`
`9:00
`
`2 0
`
`1/13/2006
`
`2/13/20
`
`2/21/20
`
`O 8
`
`07/07/20
`
`8
`
`9:00
`
`7/14/20
`
`9/20/2
`
`oo
`o1/17/zoo
`
`9:00
`
`9200
`
`9:00
`
`§°° SSO08888
`o‘.88 >>n> DU
`
`$91.00 05/20/2004
`
`2—033827 HARROLD, DALE
`
`eceipts
`
`06/02/2004
`
`06/07/2004
`
`-034612 SOUTHERN CHEROKEE TRIBAL NATIO
`
`2-034935 HARROLD, DALE
`
`1 0/1 4/2005
`
`-071639 RIDGE, GARY
`
`$31.00
`
`$91.00
`$50.00
`
`$263.00
`
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`05-28-2002
`DATE OF THIS NOTICE:
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