No. 20-1675

Melvin L. Phillips, Individually and as Trustee for Melvin L. Phillips, Sr., et al. v. Oneida Indian Nation

Lower Court: Second Circuit
Docketed: 2021-06-02
Status: Denied
Type: Paid
Amici (2)Response Waived
Tags: deed-validity discovery federal-courts indian-nation jurisdiction land-jurisdiction land-ownership necessary-party state-involvement state-sovereignty tax-map trust-property
Key Terms:
Privacy JusticiabilityDoctri
Latest Conference: 2021-06-24
Question Presented (AI Summary)

Can the federal court exercise jurisdiction over this case when the land is listed on a tax map and the tax rolls in the name of New York State?

Question Presented (from Petition)

QUESTIONS FOR REVIEW JURISDICTION Can the federal court exercise jurisdiction over this case when the land is listed on a tax map and the tax rolls in the name of New York State? If New York is involved is there jurisdiction in the federal courts? Is the State of New York a necessary party because it is listed in the tax roles and the tax map as having an interest in the land? Should there have been discovery to determine the role of New York State regarding this land? CENTRAL ISSUES Can the Oneida Indian Nation set aside a deed of the Orchard Party/Marble Hill Oneida (otherwise known as Orchard Hill Oneidas) land by the designated head of the Orchard Party, Melvin Phillips when he is placing these Lands in trust for the benefit of the residents of the Marble Hill and the Orchard Party? Has this land been under the control of the Orchard Party since the filing of the map at 111a of the

Docket Entries

2021-06-28
Motion for leave to file amicus brief filed by Congressperson Claudia Tenney GRANTED.
2021-06-28
Petition DENIED.
2021-06-22
Response to motion from respondent Oneida Indian Nation filed.
2021-06-21
Motion for leave to file amicus brief filed by Congressperson Claudia Tenney. (Distributed)
2021-06-08
DISTRIBUTED for Conference of 6/24/2021.
2021-06-07
Waiver of right of respondent Oneida Indian Nation to respond filed.
2021-05-28
Petition for a writ of certiorari filed. (Response due July 2, 2021)

Attorneys

Congressperson Claudia Tenney
David Henry TennantLaw Office of David Tennant PLLC, Amicus
David Henry TennantLaw Office of David Tennant PLLC, Amicus
Melvin Phillips, et al.
Woodruff Lee CarrollWoodruff Lee Carroll P.C., Petitioner
Woodruff Lee CarrollWoodruff Lee Carroll P.C., Petitioner
Oneida Indian Nation
Michael R. SmithZuckerman, Spaeder, et al., Respondent
Michael R. SmithZuckerman, Spaeder, et al., Respondent