Free Motion to Approve Consent Judgment - District Court of Federal Claims - federal

Case 1:79-cv-04581-ECH

Document 164

Filed 07/29/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

THE SHOSHONE INDIAN TRIBE OF THE WIND RIVER RESERVATION, WYOMING, Plaintiff, v. THE UNITED STATES, Defendant. THE ARAPAHO INDIAN TRIBE OF THE WIND RIVER RESERVATION, WYOMING, Plaintiff, v. THE UNITED STATES, Defendant. JOINT MOTION FOR ENTRY OF AGREED JUDGMENT ON REMAND REGARDING SAND AND GRAVEL The parties through their undersigned counsel jointly move for entry of the proposed Agreed Judgment on Remand Regarding Sand and Gravel submitted herewith as Exhibit A. In support of their motion, the parties state as follows: 1. A Settlement Agreement filed October 1, 2002 ("2002 Settlement Agreement"), resolved most issues among the parties pertaining to sand and gravel, but specifically preserved for appeal two issues, one pertaining to the statute of limitations, and one pertaining to interest. The 2002 Settlement Agreement provided in paragraph 6 that if the plaintiff tribes were successful on the issue of the statute of limitations, defendant United States would pay an additional $50,000 to the plaintiff tribes, and provided in paragraph 7 that if the plaintiff tribes were successful on the issue of interest, defendant United States would pay an additional $500,000 to the plaintiff tribes. Nos. 4591-79 L Judge Hewitt Nos. 4581-79 L Judge Hewitt

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Case 1:79-cv-04581-ECH

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Filed 07/29/2005

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2. The appeal went forward and was heard by the Court of Appeals for the Federal Circuit. The appellate decision is reported at 364 F.3d 1339 (Fed. Cir. 2004). Both parties sought certiorari, and both petitions were denied on April 18, 2005. By Order filed June 2, 2005, the Court of Federal Claims required that the parties reach agreement on the form of a final judgment regarding sand and gravel by June 22, 2005. This deadline was extended by the Court to August 5, 2005, pursuant to a joint motion by the parties. The form of Agreed Judgment on Remand Regarding Sand and Gravel submitted herewith as Exhibit A represents such agreed final judgment regarding sand and gravel. 3. The parties agree that the plaintiff tribes were partially but not completely successful on the statute of limitations issue, and that, as a compromise, judgment should be entered in favor of the plaintiff tribes with respect to the statute of limitations issue for $37,500. The parties agree that the plaintiff tribes were successful on the interest issue, and that judgment should therefore be entered in favor of the tribes with respect to that issue for $500,000. The form of Agreed Judgment on Remand Regarding Sand and Gravel submitted herewith as Exhibit A therefore is for a total of $537,500. 4. The parties agree, pursuant to the 2002 Settlement Agreement, that the Agreed Judgment on Remand Regarding Sand and Gravel should provide that each party bear its own costs, expenses and fees. The parties also agree that no appeal may be taken from the order entered by the Court pursuant to this agreed judgment. Dated: July 29, 2005. Respectfully submitted, s/Susan M. Williams by Richard M. Berley w/auth'n SUSAN M. WILLIAMS Williams & Works, P.A. P.O. Box 1483 Corrales, New Mexico 87048 (505) 899-7994 (Telephone) (505) 899-7972 (Facsimile) [email protected] Counsel of Record for Eastern Shoshone Tribe s/Richard M. Berley RICHARD M. BERLEY Ziontz, Chestnut, Varnell, Berley & Slonim 2101 4th Avenue, Suite 1230 Seattle, WA 98121 (206) 448-1230 (Telephone) (206) 448-0962 (Facsimile) [email protected] Counsel of Record for Northern Arapaho Tribe Kelly A. Johnson Acting Assistant Attorney General Environment and Natural Resources Division s/Terry M. Petrie by Richard M. Berley w/auth'n TERRY M. PETRIE Environment and Natural Resources Division U.S. Department of Justice 999 18th Street, Suite 945 Denver, CO 80202 (303) 312-7327 (Telephone) (303) 312-7379 (Facsimile) [email protected] Counsel of Record for United States

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Case 1:79-cv-04581-ECH

Document 164

Filed 07/29/2005

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EXHIBIT A IN THE UNITED STATES COURT OF FEDERAL CLAIMS THE SHOSHONE INDIAN TRIBE OF THE WIND RIVER RESERVATION, WYOMING, Plaintiff, v. THE UNITED STATES, Defendant. THE ARAPAHO INDIAN TRIBE OF THE WIND RIVER RESERVATION, WYOMING, Plaintiff, v. THE UNITED STATES, Defendant. AGREED JUDGMENT ON REMAND REGARDING SAND AND GRAVEL Pursuant to the parties' Joint Motion for Entry of Agreed Judgment on Remand Regarding Sand and Gravel, IT IS ORDERED AND ADJUDGED that judgment is entered for the plaintiffs on this sub-docket for a total of $537,500. Each party shall bear its own costs, expenses and fees. It is further ordered that no appeal may be taken by either party from this judgment. Dated: August ___, 2005. _____________________ EMILY C. HEWITT Judge No. 4591-79 L Judge Hewitt No. 4581-79 L Judge Hewitt