Oneida Indian Nation v. Phillips, et al
| Oneida Indian Nation |
| Melvin L. Phillips, Sr. and Melvin L. Phillips, Sr./Orchard Party Trust |
| 5:2017cv01035 |
| September 18, 2017 |
| US District Court for the Northern District of New York |
| Syracuse Office |
| Madison |
| Andrew T. Baxter |
| Glenn T. Suddaby |
| All Other Real Property |
| Nonintercourse Act |
| None |
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| Document Text |
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Filing
43
DECISION AND ORDER that it is hereby ORDERED that Plaintiff's 32 motion for judgment on the pleadings (Dkt. No. 32 ) is GRANTED; and it is further DECLARED that neither Defendant Trust nor Defendant Phillips, as an individual or other wise, does not own, or have any property interest in, the Property; and it is further DECLARED that the trust document, quitclaim deed and all related documents filed by Defendant Phillips in the Oneida County land records are invalid and void to the extent they concern the Property; and it is further ORDERED that Defendants are PERMANENTLY ENJOINED from doing the following: (a) claiming the Property for themselves, any beneficiary of Defendant Trust, or any other person or entity; (b) asse rting that they or any beneficiary of Defendant Trust owns or has a property interest in the Property; and (c) creating or causing to be created, or filing or causing to be filed, in land records any document asserting that they, any beneficiary of Defendant Trust, or any other person or entity owns or has a property interest in the Property. Signed by Chief Judge Glenn T. Suddaby on 7/31/2019. (sal)
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Filing
30
DECISION AND ORDER granting # 24 Plaintiff's Motion to Dismiss Defendants' counterclaim. Defendants' Counterclaim is Dismissed. (Dkt. No. 17 ). This case is referred back to Magistrate Judge Baxter for a Rule 16 conference and the setting of pretrial scheduling deadlines. Signed by Chief Judge Glenn T. Suddaby on 11/15/18. (lmw)
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