your strongest argue the strongest there's two strongest arguments the three cases relied upon my colleague and judge carleton below are completely distinguishable and by this in this case the facts of this case and secondly the bureau of indian affairs has assumed jurisdiction over the constitution of the table mountain ranch area for approval of that constitution which necessarily includes my clients and i think primarily because it was table mountain in a class action lawsuit representing my clients as class action plaintiffs that got the modern versus walk out of san francisco the northern district b i a has ignored their pleas be ignored their freedom of information act request to get documents they the lewises requested them to act at every information act request because the so they have attempted that but the three cases primarily relied upon by the district court in fact totally relied upon my colleague and the district court of santa clara jurisdiction in that case in this case there are the plaintiffs attempted to change the tribes constitution there are a tribal remedy existed through a tribal court there there was no previous case where the tribe that had waged a soft immunity with respect to its membership there it did not involve the tribal revenue allocation plans which now the indian gaming commission and a b i have to oversee to ensure that we see no profits are distributed across the scripted without a violation of equal protection or have resorted to the agency they have done nothing and then pursuance this we're not seeking money damages from the government then under seven zero two of the administrative procedures act and section thirteen thirty suit against the government not seeking money damages can be held under section thirteen thirty one which is a federal question jurisdiction to compel the agency to act when it has the duty to act in this case because of the table mountain versus what the situation in one nine hundred eighty three when the secretary of interior even stipulated to a judgment the table mountain will be recognized as a bonafide california indian tribe and the membership and then in that tribe will consist of the list you know that the are you make is very interesting but it just i keep reading over and over again santa clara pueblo versus martinez and  just trumps everything you say doesn't that really just answer the question unfortunately for your side no is this what you're talking about membership that's an intramural tribal issue period notice was taking the action to court to force the tribe to change their constitution the constitution as it exists for table mountain includes my clients members those all strike these differences w guy that is never been resolved in any court opinions is that when a tribe seeks recognition in court is waive so immunity with respect to that issue that issue was decided that that tribe was the bonafide tribe as opposed to the historical tribes since they won the the california the secretary of interior did not recognize this tribe tried to take away their rights and so the tribe when representing my clients and when that stipulated judgment it when it when a tribe seeks recognition proclaiming who the members of that tribe will be and the court and the government enter into a stipulation with the tribe stating these by that different because the tribe there never sought recognition that's because the tribe was already recognized had a constitution that had been in place for years and mrs martinez did not like the other distinction about santa for us is well below the court was wrestling with whether or not a court has jurisdiction under the civil rights act to enforce the civil rights act that requires  equal protection and due process they said in that decision we don't believe that courts should be involved in that because it's their case this is martinez can go to the bible or the tribal courts he didn't exhaust that through a tribal court which are three independent objective indians that make a determination that are not connected with that right there is no tribal court in california for table mountain so the sole decision being made a greedy decision is kathy lewis's and her brothers relatives everybody that is a recognized member their relatives aunts uncles cousins  saying well we don't want caffeine or brothers men but we'll take this eighteen year old over here who is far way down the descendant list than my clients are and there's no tribal court that we can go to no dissenters to court but you're not arguing that is where the try going to be in a court and then ate in a court action became a party to that just like table mountain was here years later an action was brought to enforce the decree issued by the court and this court in one nine hundred eighty one in that case said that the tribe waived its poverty immunity and when the tribe voluntarily enters the suit they are quote fully bound by all rights for their court orders you know that none of those cases deal with something  question because in this case they try went to this court in northern district of california didn't appeal they entered into a stipulated judgment said please recognise us and our list of members  they got what they wanted we were necessary party plaintiffs represented by a class of plaintiffs so what what what the court would be saying otherwise have the united states recognize table mountain as a tribe and no residency requirements the tribe shall consist of all those on the nine hundred fifty nine based role as determined by the secretary interior the distributing ease of the distribution plan and all of their descendants direct descendants kathy lewis's and her brothers grandfather was the table mountain chief response they finally said to my clients oh by the way you have to make an application that was in the year two thousand they applied they said all your paperwork here i mean they've got the defendant the united states does not play a role in the membership determination of a tad it does not play a role in it forcing it drives governing document and it ball count first of all there's an involvement committee apparently and i have to say apparently because the government does not have the documents now the listeners have pointed to present them but we have no way of knowing whether saying would be correct if you follow the supreme court's guidance and our own guides the other side says this is a peculiar case because of this lawsuit and what the tribe requested from the federal government what your precise answer to that i have i have a ninety s that i don't know you don't know when is that what this is all about yes distribution of approximately fifteen thousand dollars a month the members of the tr the government seems to be just arresting a brick wall that unity is being used as kind of a brick wall that people are going to bump up against and nobody can be so that doesn't seem like that's the profile purpose of the relationship between the in fact that's what they do that well you didn't have a conflict so what would you what do you do in a situation where where you have a small group who takes control of a try then that's wall group decides a third going to limit the number of members have too many members or too many people there and they select a certain family and they say well we've looked at your situation and we we don't think that you're that you're members of the strike and so you're gone system should really work benefit from the united states rather for them from the tribe it seems that they would benefit as members of the tribe and through the drive from the united states are to try to separate the inseparables or up arms i'm sorry and i draw the line you say they to this group was designed to benefit from the united states very briefly this is about money it's about money with respect to the people that won't let my clients on the table not unlike the santa clara pueblo it consists of sixty acres northeast of fresno forty acres as a casino my clients cannot go on the burial grounds of their relatives the burial grounds on the twenty acres the only thing they can do is take out their wallets and go into the casino that's the only place my clients can go  september twenty eighth two thousand and one are you referring to the opening brief i put summarize them and then i'm referring to excerpts of record ok there is a september twenty eighth two thousand and letter  stealth determination receive your request to transfer the following responsibilities of the norman back to the bureau of indian affairs for fiscal year two thousand and two all activities related to certification of lineal descendant preparation of certificates of degree of indian blood membership cards and other documents the next request on pages ninety dash ninety six is this billionaire tribe requesting from the government one hundred sixty recognition of my clients is member means it's not the gambling it's not all the gambling profits the federal government us taxpayers are paying recognize members of the tried for health care dental care child welfare college educations now the other thing that's extremely important  the ones that recognize themselves as members are the ones getting the government benefits and the gaming robert fine not my clients not the sixty two there's like seventy four that have been rolled recognized my tribal recognition so they can get benefits from the government correct so the government recognizes a group that doesn't know whether there's a hundred thousand people or or ten people that's what they say that's what they claim i'm asking you what you what you're saying well what i'm what i'm saying is that the class was certified by table mountains council to consist of all those we will send notices to those persons whose addresses we know my client's father was listed on there and he never got a notice so the b i a says it doesn't know about what happens after cable not in versus what got together it was like a group of michael douglas's in star chambers