Robert Ecoffey, superintendent of the BIA on Pine Ridge, gave the tribe some hefty warnings before the seeds were planted. Ecoffey says, "I told them, if you're going to plant, I want to be upfront with you, you may be subjecting yourself to arrest and penalties." No arrests were made in connection with the raid, but the South Dakota US attorney's office says it may still prosecute.
The Federal Rules state that, "[t]he party upon whom the request [for production] is served shall serve a written response within 30 days after the service of the request." Fed. R. Civ. P. 34(b). Likewise a party upon whom interrogatories have been served has thirty days to respond either by filing answers or objections to the propounded interrogatories. Fed. R. Civ. P. 33(b). If the serving party does not receive a response to their interrogatories and request for production the serving party may request an order compelling disclosure. Fed. R. Civ. P. 37(a). Whether or not to grant the order to compel is at the discretion of the trial court. Commercial Union Insurance Co. v. Westrope, 730 F.2d 729, 731 (11th Cir. 1984).
In 2002 May 1 , Pine Ridge Imports , Inc (Lessor ) signed a commercial lease with Pine Ridge Imports of Naples , Inc (Lessee ) that was to run for ten years thus expiring 2012 April 30 . According to the 2002 commercial lease , it stated clearly that the lessee shall use and occupy the premises for vehicle repairs , parts and sales . Pine Ridge Imports Inc (Imports ) started to offer auto body services in the year 2007 and they promoted these services through advertising on a big sign post on the Jaeger road that read `Body Shop Estimates . Also , there was plantation of trees and installment of a stockade fence that separated the Imports from the Pine Ridge Coachworks Inc (Coachworks . According to Coachworks these developments blocked their own location and thus customers could not access it and in return they lost their customers to Imports . Therefore , Coachworks claims that Imports was operating under unlawful interferences in combination to being deceptive on their business practices . Also , Coachworks did claim the trademark infringement in state and federal levels . For these three reasons Coachworks did sue Imports and therefore seeks , interest , costs of suit injunctive relief , attorney fees and monetary damages from Imports.
Of course, too much will be read into this. The last time this happened, when Justices Breyer and O'Connor visiting the Spokane and Navajo tribal courts at the behest of NAICJA, it was part of a program that culminated in a symposium at the National Judicial College. Justice Alito's visit did not seem to have the same educational focus, but is a very good thing anyway. The more the Supreme Court Justices know, the better.
Thanks to Peter Vicaire's Supreme Court “report card,” we know that Justice O'Connor sat in ...