Free Status Report - District Court of Federal Claims - federal

Case 1:01-cv-00591-FMA

Document 206-2

Filed 01/28/2005

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERA CLAIMS
TULARE LAK BASIN WATER STORAGE DISTRICT , et aI.
Plaintiffs
A. No. 98- 101L

Judge John P. Wiese
UNITED STATES OF AMERICA
Defendant.

SETTLEMENT AGREEMENT
Plaintiffs TULAR LAK BASIN WATER STORAGE DISTRICT , a Californa water
storage district, HANSEN RANCHES , a general parership, the KERN COUNTY WATER

AGENCY , a political subdivision of the State of California, LOST HILLS WATER DISTRICT
a Californa water distrct ,

H. P. ANDERSON & SONS , a general parership, WHEELER

RIGE- MACOPA WATER STORAGE DISTRICT, a Californa water storage distrct , THE
JOSEPHSON FAMILY LIVING TRUST dated July 12 , 1991 , THE BROWN FAMILY LIVING

TRUST dated September 26 , 1991 , and M- B FARING CO. , a general parnership,
Plaintiffs ) and Defendant UNITED STATES OF AMERICA , by and through their attorneys
of record , and hereby agree as follows:

Plaintiffs and Defendant have engaged in good faith settlement negotiations to

avoid fuer litigation.
By way of compromise and settlement , the UNITED STATES shall pay to

Plaintiffs the sum of Sixteen Milion

Seven Hundred Thousand

Dollars ($16 700 000. 00), as full

SETTLEMENT AGREEMENT - PAGE 1

Exhibit 1 to Def.'s Status Report, 01/28/2005

Case 1:01-cv-00591-FMA

Document 206-2

Filed 01/28/2005

Page 2 of 3

and final payment of all claims arsing out ths

action ,

including those by Plaintiffs and interests

if any, derivative of Plaintiffs. The payment shall be made by wire transfer in the amount of
$16 700 000. 00 to the account of WHEELER RIDGE-MACOPA WATER STORAGE

DISTRICT at Wells Fargo Ban , ABA 12/000248 , FFC Kern County Treasurer, Acct
4160101358. The distrbution of that payment as among the Plaintiffs (and interests , if any,

derivative of Plaintiffs ' claims) and as between Plaintiffs and their counsel in this dispute shall
be a matter left to Plaintiffs and their counsel.
The paries shall enter into a voluntar dismissal ofthis action with prejudice

pursuant to Rule 41 (a)(1) of the Rules of the Cour of Federal Claims.

Plaintiffs agree to accept ths payment as full , complete and final resolution of all
claims , including, but not limited to , all claims that Plaintiffs did assert or could have assered in

their complaint (and amendments , if any, thereto) in this or any other action for just compensation , interest , attorneys ' fees and other litigation expenses , or for any other form of

relief arsing from the facts pled in the complaint on file herein (and amendments, if any,
thereto).
Ths agreement

is the result of compromise and settlement , and shall not be

constred as an admission by Defendant of any legal or specific monetar liability as to any or all
of Plaintiffs ' claims for just compensation , interest , attorneys ' fees and other litigation expenses

or any other kind of legal or equitable relief, nor shall ths settlement be interpreted to constitute
a precedent or arguent in ths or any other case.
The paries agree to execute any and

all documents necessar to consumate ths

settlement , including but not limited to signed authorizations from each of the Plaintiffs

SETTLEMENT AGREEMENT - PAGE 2

Exhibit 1 to Def.'s Status Report, 01/28/2005

Case 1:01-cv-00591-FMA

Document 206-2

Filed 01/28/2005

Page 3 of 3

expressing approval of this Settlement Agreement and such authorizations as wil

express the

approval of interests , if any, derivative of Plaintiffs. Such authorizations must be provided by Plaintiffs and received by the United States prior to the distrbution of fuds
Plaintiffs ' complaint.
and

the dismissal of

Dated: December

1!, 2004

MAULLA & MARULLA

UNITED STATES OF AMERICA

the Plaintiffs

Fred R. Disheroon, Counsel for the United States

SETTLEMENT AGREEMENT - PAGE 3

Exhibit 1 to Def.'s Status Report, 01/28/2005