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United States v. State
United States District Court, W.D. Washington, Seattle
May 6, 2019
UNITED STATES OF AMERICA, et al., Plaintiffs,
STATE OF WASHINGTON, et al., Defendants.
ORDER DENYING MOTION FOR LEAVE TO DEPOSE DR. C. JILL
RICARDO S. MARTINEZ, CHIEF UNITED STATES DISTRICT JUDGE.
matter is before the Court on the Stillaguamish Tribe of
Indians (“Stillaguamish”) Motion seeking an order
of the Court to permit it to take a perpetuation deposition
of its expert witness, Doctor C. Jill Grady, due to the
expert's age and the risk of further memory loss. Dkt.
#88. Finding the Motion moot, the Court denies the Motion.
background of the underlying dispute is not important to the
resolution of this Motion. The factual background of this
Motion is laid out by Stillaguamish in its brief and
Dr. Grady is a Cultural Anthropologist and an expert in the
field of Native American Anthropology. She has a
Bachelor's of Arts Degree in Anthropology, and a
Master's degree and Ph.D. in Sociocultural Anthropology
from the University of Washington. [Dkt. #90] ¶ 1 (filed
Stillaguamish first retained Dr Grady to conduct research
related to the Native American Graves Protection and
Repatriation Act in 2002. Id. ¶ 2. Beginning in
2007, Dr. Grady began assembling evidence of
Stillaguamish's marine fishing treaty rights in a
capacity as an expert witness and researcher. Id.
¶ 3. In order to provide her expert opinions, Dr. Grady
developed a comprehensive understanding of the ethnohistory
of the Stillaguamish's people as well as that of other
neighboring tribes and non-Indian settlers in the Puget Sound
and their interactions with territorial, state and federal
government. Dr. Grady's expert opinions rely on her
knowledge of the natural ecosystem that supports
Stillaguamish fishing, hunting and gathering.
At a perpetuation deposition to preserve her trial testimony,
it is anticipated that Dr. Grady would set forth her opinions
and the factual bases that prove Stillaguamish's treaty
right to harvest fish and shellfish in the marine waters
specified within the RFD. For example, Dr. Grady's
testimony is anticipated to cover, though is not limited to,
the following topics as outlined in her expert report:
• Stillaguamish peoples' reliance on fishing and
shellfishing in certain marine waters for subsistence and
trade; . the existence of Stillaguamish
village sites located on marine waters;
• subsistence fishing at Stillaguamish's customary
marine resources cites in the vicinity of their temporary
reservations during the Indian Wars;
• Stillaguamish's continuous travel to and from
these temporary reservations for potlatches and social
gatherings in other parts of the Puget Sound;
• intermarriage between Stillaguamish and neighboring
people and how these familial ties opened access to
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