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Joint Tribal Amicus Opposition to Intervention

David J. Cummings, OSB 92269
Rob Roy Smith, OSB 00393
Nez Perce Tribal Executive Committee
Office of Legal Counsel
P. O. Box 305
Lapwai, ID 83540-0305
(208): 843-7355
fax (208): 843-7377

Attorneys for Amicus Curiae Nez Perce Tribe

Joint Tribal Amicus Opposition to Intervention

The Joint Tribal Amicus oppose the motion to intervene filed by Joseph P. Siofele. Pursuant to Federal Rule of Civil Procedure 24(a), the motion is untimely and may not be considered on the merits or for its unfounded factual allegations. In addition, granting the motion will unfairly prejudice existing parties. This is simply "too little too late." League of United Latin American Citizens v Wilson 131 F.3d 1297, 1308 (9th Cir. 1997) (denying motion to intervene filed 27 months after original action commenced).

The Joint Tirbal Amicus also oppose the plaintiffs' request that the content of Mr. Siofele's filing be considered despite the fact that motion should not be granted. Plaintiffs Response at 2. Plaintiffs' request ignores well-established precedent and the facts of this case. There is no case law supporting the proposition that a court may deny a motion for intervention but still consider the factual content of that motion. Moreover this case involves judicial review of an agency decision under the Administrative Procedures Act. 5 U.S.C. 55 et seq. The facts alleged by Mr. Siofele are not contained in the administrative record and are therefore not properly before the Court. Further, the allegations are without factual basis and would only serve to obfuscate the Court's view of the agency's carefully considered and well reasoned determinations.

Dated this 3rd day of August, 2001.

Respectfully submitted by:

s/ David Cummings, OSSB #92269
(208) 843-7355
Attorney for the Nez Perce Tribe

s/ Rob Roy Smith OSB #00393
(208) 843-7355
Attorney for Nez Perce Tribe

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