No. CIV-97-113-B
DOUGLAS G. DRY, JUANITA
McCONNELL and ROSIE BURLISON,
Plaintiffs,
vs.
UNITED STATES OF AMERICA, et. al.
Defendants.
COMES NOW the Plaintiffs, Douglas G. Dry, Juanita McConnell
and Rosie Burlison, and request that the Court deny the above
named defendants' Motion for Enlargement of Time to Plead or Answer
for the following reasons:
1. On March 7, 1997, Kim Reed, director of the Choctaw Nation
law enforcement program, accepted service of process for Choctaw
Nation police officers Hoppy Denison, Bill Barrow, Mike Russell,
Steven Flowers, Chris Welch, Kenneth Johnson, and Blake Johnico.
The officers were on notice that a lawsuit had been filed and
they would be named defendants.
2. On March 12, 1997, Reed was advised by an unknown attorney
(see Reed's letter of March 12, 1997, attached as Exhibit A) that
these summons should have been served to the officers individually
by the process server, and returned the summons to Plaintiff Dry's
office.
3. On April 23, 1997, an amended complaint was filed and new summons
were issued for the above named defendants.
4. On April 25, 1997, Choctaw Chief of Police Hoppy Denison was
served.
5. On April 26, 1997, the other tribal police officers, Bill Barrow,
Mike Russell, Steven Flowers, and Chris Welch, were providing
security at the Skullyville Walk sponsored by the Choctaw Nation.
The cars belonging to these officers were parked at the Stigler
School during lunch.
6. Process server Noah Kennedy parked next to these police cars
and waited for these officers to come to their cars so they could
be served.
7. Chief Denison came to the parking lot in his car with an officer
that was not named as a defendant in this action. The officer
drove away in a car belonging to one of the defendant officers,
followed by Denison.
8. Shortly, Chief Denison returned with the same officer to retrieve
another police car from the parking lot. This procedure continued
until the only remaining car belonged to officer Chris Welch.
Kennedy remained in the parking lot for over two hours waiting
for Welch to retrieve his car.
9. On April 27, 1997, Chris Welch was served at his home in rural
Keota, Oklahoma. Bill Barrow was served at his home in McAlester,
Oklahoma. Steven Flowers was served at his home in rural Tupelo,
Oklahoma.
10. These defendant officers have had knowledge of this action
and have had ample opportunity to seek representation.
11. The Defendant Bureau of Indian Affairs have known this cause
of action was pending by virtue of a tort claims demand being
made upon the BIA eight months ago.
12. The Defendant Bureau of Indian Affairs have known that problems
existed with the Choctaw Nation law enforcement by virtue of numerous
administrative complaints made by Plaintiffs' defense attorney
Scott Kayla Morrison beginning February 26, 1996. Defendant Larry
Mings responded to one complaint on February 29, 1996, and said
that Morrison had "raised issues which are of grave concern
to this office." Letter attached as Exhibit B.
13. Numerous lawsuits have been filed by both the Plaintiffs against
the Choctaw Nation and Choctaw Nation officials, and the Choctaw
Nation and Choctaw Nation officials against these Plaintiffs concerning
many of the issues involved in this current lawsuit.
14. Allowing an extension of time for another sixty days will
further delay this action unnecessarily.
15. Both the United States government and Choctaw Nation have
had ample time to thoroughly know and investigate the facts and
issues involved in the cause of action. All remaining parties
have been given an extension of 60 days to file an answer on May
21, 1997. The Choctaw Nation police officers and security officers
should be required to file the answer by May 21, 1997 as all the
co-defendants.
Wherefore, Plaintiffs pray this Court deny the Motion for Extension
of Time to Answer or Plead for the above reasons.
Respectfully submitted,
_________________________
Douglas G. Dry OBA #012635
Pro se
Attorney for Plaintiff
103 _ West Main
Post Office Box 637
Wilburton, OK 74578
(918) 465-5033
On the ____ day of May, 1997, I certify that I placed in the U.S. Mail, first class postage pre-paid a true and correct of the above and foregoing Plaintiff's Response to Defendant's Motion for Extension of Time to Answer or Plead to the following:
Bruce Green Eric Janzen
Assistant U.S. Attorney W.G. "Gil" Steidley, Jr.
1200 West Okmulgee Steidley & Neal
Muskogee, OK 74401 P.O. Box 1165
McAlester, Oklahoma 74502
Robert Rabon Kim Reed
Rabon, Wolf & Rabon Director of Law Enforcement
Post Office Box 726 Choctaw Nation of Oklahoma
Hugo, OK 74743 Drawer 1210
Durant, OK 74702-1210
Officer Bill Barrow Officer Mike Russell
537 E. Short Street Post Office 622
McAlester, OK 74501 Carlera, OK 74730
Officer Chris Welch Officer Steven Flowers
Route 1 Box 65-2 Box 130
Keota, OK 74941 Tupelo, OK 74572
Chief Hoppy Dennison Security Officer Kenneth Johnson
Post Office Box 1424 715 North 12th Street
Idabel, OK 74545 Durant, OK 74701
Security Officer Blake Johnico
Post Office Box 501
Talihina, OK 74571
_________________________________
Douglas G. Dry