Free Stipulation and Order - District Court of Federal Claims - federal

Case 1:79-cv-04581-ECH

Document 157

Filed 05/11/2005

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In the United States Court of Federal Claims
(E-Filed: May 11, 2005) _________________________________________ ) ) 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. ) _________________________________________ ) ORDER The Settlement Agreement (SA or Agreement) in this matter, filed by plaintiff on October 1, 2002, reserved for appeal the court's determination on the issues of the statute of limitations and interest. See SA at 4, ¶ 4(a)-(b); Order of October 4, 2002 (directing the Clerk of the Court to enter judgment on the pertinent issues). The Agreement provides that, upon "final judicial determination" of the issues of the statute of limitations and interest, "[t]he parties agree to execute and file with the Court a joint motion or motions for final judgment pursuant to this stipulation, if necessary, and to execute such additional documents as may be necessary to consummate this settlement." SA at 5-6, ¶¶ 6-7, 10.

No. 4581-79 L

No. 4591-79 L

Case 1:79-cv-04581-ECH

Document 157

Filed 05/11/2005

Page 2 of 2

The parties appealed the court's determination of the issues, and the Federal Circuit affirmed in part, reversed in part and remanded. See Shoshone Indian Tribe of Wind River Reservation v. United States, 364 F.3d 1339, 1355 (Fed. Cir. 2004) (reversing on the issue of interest and affirming on the issue of the statute of limitations). The Supreme Court denied certiorari on both issues. See Eastern Shoshone Tribe of Wind River Reservation v. United States, 125 S. Ct. 1824 (Apr. 18, 2005); United States v. Shoshone Indian Tribe of the Wind River Reservation, 125 S. Ct. 1826 (Apr. 18, 2005).

In the light of the "final judicial determination" of the issues of the statute of limitations and interest, the parties shall "execute and file with the Court a joint motion or motions for final judgment pursuant to [the Agreement]," SA at 6, ¶ 10, on or before Wednesday, May 25, 2005. The parties shall also "execute such additional documents as may be necessary to consummate this settlement." SA at 6, ¶ 10. IT IS SO ORDERED. s/Emily C. Hewitt EMILY C. HEWITT Judge

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