Buy This Entire Record For
Temple v. Roberts
United States District Court, D. South Dakota, Western Division
December 4, 2019
CURTIS TEMPLE, Plaintiff,
LAWRENCE ROBERTS, Assistant Secretary of Indian Affairs, Department of Interior, Bureau of Indian Affairs; TIM LAPOINTE, Northern Plains Regional Director, Department of Interior, Bureau of Indian Affairs; JOHN LONG, Acting Superintendent, Pine Ridge Agency, Department of Interior, Bureau of Indian Affairs; LIONEL WESTON, Branch of Realty, Pine Ridge Agency, Bureau of Indian Affairs, Department of Interior, Defendants.
JEFFREY L. VIKEN CHIEF JUDGE.
Curtis Temple brought this action in response to federal
officials impounding his livestock in 2015 and 2016. The
litigation is currently stayed pending the resolution of
plaintiff's administrative appeals to the Interior Board
of Indian Appeals. (Docket 183). Prior to the court's
order staying the case, plaintiff issued subpoenas to Denise
Mesteth and Jolene Provost. (Dockets 173-1 & 173-2). Ms.
Mesteth and Ms. Provost, along with the Oglala Sioux Tribe
(“OST”) (“tribal movants”), entered
an appearance in this case and moved to quash the subpoenas
on the ground they infringe on the OST's sovereign
immunity. (Dockets 172 & 174). Defendants take no
position on the validity of the subpoenas but argue they seek
inadmissible discovery. Plaintiff opposes the motion to
quash. (Docket 176). For the reasons given below, the court
quashes plaintiff's subpoenas.
underlying facts in this case are set out in a previous
order. Temple v. Her Many Horses, 163 F.Supp.3d 602,
610-14 (D.S.D. 2016). The court only recites here the facts
relevant to the motion to quash.
Mesteth served as the Director of the OST Land Office between
June 19, 2006, and August 31, 2018. (Docket 177-1 at ¶
11). In that capacity, Ms. Mesteth was an employee of the
OST. Id. at ¶ 12. She was not an employee of
the Bureau of Indian Affairs (“BIA”).
Id. At some point after August 31, 2018, Ms. Mesteth
obtained employment with the BIA as a Realty Specialist.
(Docket 175 at p. 4). Ms. Provost is the Range Specialist of
the OST Land Office and has served in that capacity since
September 15, 1980. (Docket 177-1 at ¶¶ 5-6). She
is an employee of the OST, not the BIA. Id. at
¶¶ 7, 10.
7, 2019, plaintiff subpoenaed Ms. Mesteth and Ms. Provost,
commanding them both to appear at depositions on May 20.
(Dockets 173-1 & 173-2). Each subpoena also required Ms.
Mesteth and Ms. Provost to bring the following documents to
1. Written record of the source of your funding for your
office from January 1, 2013, to the present.
2. Copies of all documents concerning and [sic]
administrative appeal of any kind filed in your office by
Curtis Temple from January 1, 2013, to the present regarding
any decision of the Allocation Committee.
3. Correspondence from you [sic] office to the BIA and from
the BIA to your office concerning any tribal or federal
administrative appeal or lawsuit commenced by Curtis Temple
from January 1, 2013, to the present.
4. All applications submitted by Curtis Temple to your office
for a lease or grazing permit of tribal or allotted land from
January 1, 2013, to the present.
5. Records of hearings and written determinations of your
office on all applications submitted to your office by Curtis
Temple for a lease or grazing permit of tribal or allotted
land from January 1, 2013, to the present.
6. Copies of all tribal grazing ordinances in effect from
January 1, 2013, to the present.
7. Any correspondence from your office to Curtis Temple from
January 1, 203 ...