Thorpe v. Borough of Jim Thorpe et al

Filing 111

ORDER re 110 Memorandum (Order to follow as separate docket entry), IT IS HEREBY ORDERED that:(1)The Borough of Jim Thorpes Motion for Summary Judgment Under the Probate Exception to Jurisdiction and the Doctrine of Laches (Doc. 93) is DENIED.(2) The Borough of Jim Thorpes Cross-Motion for Summary Judgment (Doc. 99) is DENIED.(3)Plaintiffs Richard Thorpe, William Thorpe, and the Sac and Fox Nation of Oklahomas Motion for Summary Judgment (Doc. 95) seeking a declaration as to the applicability of the Native American Graves Protection and Repatriation Act is GRANTED. The Borough of Jim Thorpe is a museum under the Native American Graves Protection and Repatriation Act and subject to the requirements of the Act, including those provisions governing repatriation requests. See 25 U.S.C. §§ 3001-3013. Signed by Honorable A. Richard Caputo on 4/19/13. (jam)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JOHN THORPE, RICHARD THORPE,
WILLIAM THORPE, and the SAC and
FOX NATION OF OKLAHOMA,

CIVIL ACTION NO. 3:CV-10-1317
(JUDGE CAPUTO)

Plaintiffs,
v.
BOROUGH OF JIM THORPE, MICHAEL
SOFRANKO, RONALD CONFER, JOHN
MCGUIRE, JOSEPH MARZEN, W. TODD
MASON, JEREMY MELBER, JUSTIN
YAICH, JOSEPH KREBS, GREG
STRUBINGER, KYLE SHECKLER, and
JOANA KLITSCH,
Defendants.
ORDER

NOW, this 19th day of April, 2013, IT IS HEREBY ORDERED that:
(1)

The Borough of Jim Thorpe’s Motion for Summary Judgment Under the
Probate Exception to Jurisdiction and the Doctrine of Laches (Doc. 93) is
DENIED.

(2)

The Borough of Jim Thorpe’s Cross-Motion for Summary Judgment (Doc.
99) is DENIED.

(3)

Plaintiffs Richard Thorpe, William Thorpe, and the Sac and Fox Nation of
Oklahoma’s Motion for Summary Judgment (Doc. 95) seeking a
declaration as to the applicability of the Native American Graves Protection
and Repatriation Act is GRANTED. The Borough of Jim Thorpe is a
“museum” under the Native American Graves Protection and Repatriation
Act and subject to the requirements of the Act, including those provisions
governing repatriation requests. See 25 U.S.C. §§ 3001-3013.
/s/ A. Richard Caputo
A. Richard Caputo
United States District Judge