Free Motion to Dismiss - Rule 41(a) - District Court of Federal Claims - federal

Case 1:01-cv-00444-MMS

Document 70

Filed 07/19/2007

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS __________________________________________ ) QUINAULT INDIAN NATION, ) ) Plaintiff, ) ) No. 01-444 L v. ) ) THE UNITED STATES OF AMERICA, ) Judge Margaret M. Sweeney ) Defendant. ) __________________________________________) JOINT MOTION FOR WITHDRAWAL AND DISMISSAL OF CLAIMS WITH PREJUDICE Pursuant to RCFC 41, the parties hereby stipulate to the withdrawal and dismissal with prejudice of any and all claims, demands, actions, cause of action that have been or could have been the subject of this suit. More particularly, the Plaintiff, Quinault Indian Nation (the "Nation") hereby understands and agrees that the benefits received and to be received under the Settlement Agreement by and between the Nation and the United States dated September 20, 2004, have constituted full and complete satisfaction of any and all rights, claims, or demands of whatever kind or nature by the Nation against the United States and its respective officers, employees and agents alleged in this suit or related in any way, directly or indirectly, to the matters asserted in the pleadings, or that could have been asserted (including costs, fees and interest), with prejudice. The Nation further agrees to refrain forever from instituting, maintaining, prosecuting, or continuing to maintain or prosecute any suit or action against the United States based upon any claim, demand, cause of action that was or could have been the subject of this suit.

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Case 1:01-cv-00444-MMS

Document 70

Filed 07/19/2007

Page 2 of 2

Any judgment entered pursuant to this stipulation shall be by way of compromise and settlement, and shall not be construed as (A) an admission by Defendant of any liability as to any or all of Plaintiff's claims or assertions, or (B) an admission by Plaintiff of the merits of Defendant's defenses, or (C) a precedent or argument in this or any other case. Accordingly, the parties jointly move for the dismissal with prejudice of No. 01-144L.

Dated: July 19, 2007 Respectfully submitted, RONALD J. TENPAS Assistant Attorney General Environment & Natural Resources Division s/ Mary J. Stretz MARY J. STREITZ Dorsey & Whitney LLP 50 South Sixth Street Suite 1500 Minneapolis, MN 55402-1498 TEL: (612) 340-2600 FAX: (612) 340-2868 Attorney of Record for Plaintiff Of Counsel: LYNDEE WELLS Dorsey & Whitney LLP U.S. Bank Centre Bldg. 1420 5th Avenue Suite 3400 Seattle, WA 98101-4010 TEL: (206) 903-8766 FAX: (206) 903-8820 s/ Kristine S. Tardiff KRISTINE S. TARDIFF U.S. Department of Justice Environment & Natural Resources Section 53 Pleasant Street, 4th Floor Concord, NH 03301 TEL: (603) 230-2583 FAX: (603) 225-1577 Attorney of Record for Defendant Of Counsel: MARLENE ZICHLINSKY Office of the Regional Solicitor Pacific Northwest Region U.S. Department of the Interior 500 N.E. Multnomah, Suite 607 Portland, OR 97232 TEL: (503) 231-2128 FAX: (503) 231-2166

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