CANADIAN ST. REGIS BAND OF MOHAWK v. NY

Nos. 5:82-CV-0783, 5:82-CV-1114, 5:89-CV-0829.

388 F.Supp.2d 25 (2005)

The CANADIAN ST. REGIS BAND OF MOHAWK INDIANS, et al., Plaintiffs, v. The State of NEW YORK, et al., Defendants.

United States District Court, N.D. New York.

June 8, 2005.


Attorney(s) appearing for the Case

Hobbs Straus Dean & Walker (Marsha K. Schmidt, Michael L. Roy, of counsel), Washington, DC, for Plaintiff St. Regis Mohawk Tribe, by the St. Regis Mohawk Tribal Council.

Sonosky Chambers Law Firm (James T. Meggesto, Arthur Lazarus, of counsel), Washington, DC, for Plaintiffs Canadian St. Regis Band of Mohawk Indians.

Indian Law Resource Center, Washington, DC (Alexandra C. Page, of counsel), for Plaintiffs People of Longhouse at Akwesasne by Mohawk Nation Counsel of Chiefs.

Alexander, Berkey, Williams & Weathers, LLP (Curtis G. Berkey, of counsel), Berkeley, CA, for Plaintiffs People of Longhouse at Akwesasne by Mohawk Nation Counsel of Chiefs.

U.S. Department of Justice, Environment & Natural Resources Division Indian Resources Section, L'Efant Plaza Station (James B. Cooney, of counsel), Washington, DC, for Plaintiff-Intervenor United States of America.

U.S. Department of Interior Office of the Solicitor (David Moran, of counsel), Washington, DC.

Hiscock & Barclay, LLP (Judith M. Sayles, of counsel), Syracuse, NY, for Defendants County of St. Lawrence, County of Franklin, Village of Massena, Town of Massena, Town of Bombay, Town and Village of Fort Covington, Key Bank of Northern New York, N.A., Nationwide Mutual Insurance Co., Niagara Mohawk Power Co., Marine Midland Properties Corporation, Walsh Realty Corporation, and Canadian National Railways.

Eliot L. Spitzer, Attorney General for the State of New York, The Capitol, Albany, NY (David B. Roberts, Christopher W. Hall, Assistant Attorneys General, of Counsel), for State Defendants.

Manatt, Phelps & Phillips, LLP (O. Peter Sherwood, of counsel), New York City, for Defendant New York Power Authority.

Snell & Wilmer, LLP (Marcie Montgomery, Heide Staudenmaier, of counsel), Phoenix, AZ, for Movant-Intervenor Mohawk Council of Kahnawa:ke.


Order

MCCURN, Senior District Judge.

On January 31, 2005, the Clerk's Office received a "Notice of Jurisdictional Suggestion" from non-party Kanion'ke:haka Kaianerch'ko:wa Kanon'ses:neh. Doc. 368. By order dated February 18, 2005, pursuant to 28 U.S.C. § 636 and Local Rule 72.1, this court referred that Notice to Magistrate Judge Lowe for a Report and Recommendation. Doc. 374. On May 18, 2005, Magistrate Lowe issued his Report, recommending denial...

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