Cow Creek Band of Umpqua Tribe of Indians

Filing 11

ORDER: Finding as Moot Motion to Intervene 6 . My previously issued Order of September 17, 2014 (#4) shall be amended as follows: Intervenor Confederated Tribes of Siletz Indians of Oregon shall be permitted to participate in the deposition of Dr. Stephen Dow Beckham and shall be permitted to cross-examine the witness. IT IS SO ORDERED. Signed on 1/8/2015 by Judge Owen M. Panner. (jkm) Modified on 1/8/2015 (jkm). To reflect opinion.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
MEDFORD DIVISION

COW CREEK BANK OF UMPQUA
TRIBE OF INDIANS,
Civ. No. 1:14-cv-00324-PA
Petitioner,
ORDER

v.

CONFEDERATED TRIBES OF
SILETZ INDIANS OF OREGON,
Intervenor.
PANNER,

Distri.ct Judge:

This matter comes before the Court on Intervenor Confederated
Tribes of Siletz Indians of Oregon's Motion to Intervene in the
perpetuated

depos~tion

testimony of Dr. Stephen Dow Beckham (#4).
Background

On August 18, 2014, Petitioner Cow Creek Band of Umpqua Tribe
of Indians filed a petition to take the deposition of Dr. Stephen

1. - ORDER

Dow Beckham in order to perpetuate his testimony in anticipation of
a

civil

action

involves

an

in

federal

application

court
for

(#1).
the

The

anticipated action

United

States

to

accept

approximately 2.4 acres of land in Medford, _Oregon, to be held in
trust for the Coquille Tribe for gambling purposes.
Dr. Beckham is a noted expert on the history of Southwestern
Oregon Tribes.

Petitioner seeks to use Dr. Beckham's testimony to

establish that the Coquille Tribe lacks sufficient aboriginal or
historical connection to the disputed property.

Dr. Beckham is 73

years old and apparently in poor health and Petitioner is uncertain
that Dr.

Beckham will be available when the controversy becomes

ripe for litigation.

On September 17, 2014, I granted the petition

( #4) .

·Discussion

This

is

a

very

unusual

case.

Rule

27

requires

that

the

petitioner serve .each expected adverse party with a copy of the
petition and a notice stating the time and place of the hearing.
Fed.

R.

Ci v.

P. . 2 7 ( 2) .

Intervenor

claims

an

interest

in

the

anticipated litigation adverse to Petitioner, but affirm that they
were not served with notice of the perpetuation testimony of Dr.
Beckham by Petitioner.
Intervenor seeks to participate in the deposition via a motion
brought under Rule 24.

Under Rule 24, the court must permit anyone

to intervene who "claims an interest relating to the property or
transaction that is the subject of the action, and is so situated
that disposing of the action may as a practical matter impair or
2 - ORDER

impede

the

movant's

ability

to

protect

its

interest,

existing parties adequately represent that interest."

unless

Fed. R. Civ.

P. 24 (a) (2).
Petitioner opposes Intervenor's motion on the basis that no
action is pending before the Court and that this Court therefore
lacks

jurisdiction to grant the motion.

concede

that

Petitioner's

position

is

Intervenor appears to

technically correct,

but

argues that it should be allowed to participate in the deposition
in the interests of justice.

I conclude, however, that it is not

necessary to resolve this issue on the basis of Intervenor's Motion
under Rule 24.
District courts are granted wide discretion in crafting orders
to perpetuate

testimony under

Fed.

R'.

Civ.

P.

27.

Martin v.

Reynolds Metals Corp:, 297 F.2d 49, 57 (9th Cir. 1961)

The Court

is similarly empowered, upon a proper showing, to make changes in
a

previously

entered

order

protection of adverse parties.

perpetuating

testimony

for

the

Id.

I am satisfied, based on the record, that Intervenor has made
a sufficient showing that it is an adverse party to Petitioner and
that its interests will not be adequately represented by any of the
parties already served pursuant to Rule 27.

I

conclude that my

previously issued Order (#4) should be amended to permit Intervenor
to participate jn the deposition of Dr. Stephen Beckham.

Such an

amendment

in

wili

serve

to

protect

Intervenor's

interest

the

anticipated litigation, thereby rendering the Motion to Intervene·
(#6) MOOT.
3 - ORDER

Conclusion

My previously issued Order of September 17, 2014 (#4) shall be
amended as follows:
Intervenor Confederated Tribes of Siletz

Indians of Oregon

shall be permitted to participate in the deposition of Dr. Stephen
Dow Beckham and shall be permitted to cross-examine the witness.
IT IS SO ORDERED.
DATED this

day ~anuary, 201~

~21{

OWEN M. PANNER ·
U.S. DISTRICT JUDGE

4

- ORDER

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