The San Pasquale case we have documented, Alegre v is OVER. SUMMARY JUDGMENT in favor of the United States Attorney for the plaintiffs Alexandra McIntosh was determined, and spent years on the case, only to lose because there were time limitations and this case was a decade too late. Sad for the Jose Juan Descendants, and a victory for white interlopers.
Alegre v US has details from last year.
Plaintiffs next contend that if the Court finds they filed their complaint beyond the six-year statute of limitations, that the Court should apply the doctrine of equitable tolling. (Doc. No. 186 at 14.) However, Plaintiffs did not diligently pursue their rights or show that extraordinary circumstances prevented them from doing so. Although Plaintiffs assert “the non-San Pasqual Trask descendants mandate all Tribal Government meetings be closed to all people, except Federally Recognized Tribal members” and “the BIA would not meet with the San Pasqual descendants who are not Federally Recognized Tribal members,” (id. at 15), Plaintiffs have failed to make any showing that attempts were made to pursue their rights. Equitable tolling is therefore not appropriate. See Kwai Fun Wong v. Beebe, 732 F.3d 1030, 1052 (9th Cir. 2013) (the party seeking equitable tolling must establish: “(1) that [it] has been pursuing [its] rights diligently, and (2) that some extraordinary circumstances stood in [its] way.” (internal quotation marks omitted)), aff’d sub nom, United States v. Kwai Fun Wong, 575 U.S. 402 (2015).
Lastly, Plaintiffs’ argument that there is a “continuing violation” fails because the “continuing violations” doctrine “is not applicable in the context of an APA claim for judicial review.” Gros Ventre Tribe v. United States, 344 F. Supp. 2d 1221, 1229 n.3 (D. Mont. 2004), aff’d, 469 F.3d 801 (9th Cir. 2006); see also Preminger v. Sec’y of Veterans Affairs, 517 F.3d 1299, 1307 (Fed. Cir. 2008).
Based on the foregoing, the Court finds Plaintiffs’ APA claims barred by the statute of limitations.