Alturas Indian Rancheria v. Salazar, et al

Filing 126

STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 1/11/2012 ORDERING that the parties carry out the terms and conditions of the foregoing stipulation. CASE CLOSED. (Michel, G)

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BENJAMIN B. WAGNER
United States Attorney
SYLVIA QUAST
Assistant United States Attorney
501 I Street, Suite 10-100
Sacramento, California 95814
Telephone: [phone]

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Attorneys for Federal Defendants

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALTURAS INDIAN RANCHERIA,

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Plaintiff,
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v.
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KENNETH SALAZAR, et al.,
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Defendants.
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No. 2:10-CV-01997-LKK-EFB
SETTLEMENT AGREEMENT AND
STIPULATION FOR ENTRY OF
JUDGMENT AND ORDER

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Subject to approval by the Court as provided below, Plaintiff and Intervenor Alturas

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Indian Rancheria (“Tribe”) and Defendants Kenneth L. Salazar, Secretary of the Interior; Larry

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Echo Hawk, Assistant Secretary of the Interior for Indian Affairs; Michael S. Black, Director of

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the Bureau of Indian Affairs ("BIA"); Amy Dutschke, Regional Director of the BIA's Pacific

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Regional Office; Virgil Akins, Superintendent of the BIA's Northern California Agency; and the

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United States Department of the Interior (collectively referred to herein as the "Federal

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Defendants"), by and through their respective undersigned counsel, recognizing the uncertainty

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of litigation, and desiring to reach a full and final settlement of all causes of action and claims

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raised, or which could have been raised, in this case, hereby stipulate and respectfully request

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that the Court enter judgment in accordance with the following terms:

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STIPULATION AND PROPOSED ORDER
FOR ENTRY OF JUDGMENT

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1.

The Federal Defendants shall issue a letter to counsel for the State Defendants

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(consisting of the State of California; Edmund G. Brown Jr., Governor of the State of California;

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the California Gambling Control Commission; and Tina M. Littleton, Executive Director of the

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California Gambling Control Commission) in this case, with a copy to counsel for the Tribe,

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stating that the BIA has recognized the Tribe's Business Committee, consisting of Phillip Del

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Rosa, Wendy Del Rosa, and Darren Rose (collectively "Business Committee"), as the duly-

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constituted body of the Tribe for purposes of carrying out the government-to-government

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relationship between the Tribe and the United States, and that this recognition is now final

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pursuant to 25 C.F.R. § 2.6 for the Department of the Interior.

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2.

The BIA has approved the Tribe's self-determination contract requests for the

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fiscal years 2009, 2010, 2011, and 2012, and shall transfer the amounts provided in those

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requests to the Tribe's bank account maintained with the Plumas Bank located at 510 North

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Street, Alturas, California 96101, Account No. 171011841, Routing No. 121138288, in

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accordance with the terms contained in the contract award documents.

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3.

The Tribe hereby releases all causes of action and claims raised, or which could

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have been raised, against the Federal Defendants or the United States in this case. The Tribe

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shall also file a Notice of Dismissal with prejudice pursuant to FRCP 41(a)(1)(A)(i) in Alturas

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Indian Rancheria v. U.S. Department of the Interior, et al., D.C.D.C. Case No.

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1:11-cv-01867-RMC.

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4.

In both this case and the District of Columbia case mentioned in the previous

paragraph, the parties shall bear their own costs and attorneys’ fees.

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Respectfully submitted,
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Dated: January 11, 2012

BENJAMIN B. WAGNER
UNITED STATES ATTORNEY

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/s/ Sylvia Quast
By:
SYLVIA QUAST
Assistant United States Attorney

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Attorneys for Federal Defendants
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STIPULATION AND PROPOSED ORDER
FOR ENTRY OF JUDGMENT

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Dated: January 11, 2012

RAPPORT AND MARSTON

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/s/ Lester J. Marston

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LESTER JOHN MARSTON

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Attorney for Plaintiff and Intervenor Alturas
Indian Rancheria

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ORDER

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Having read the foregoing Stipulation of the parties and good cause appearing therefore, IT IS

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HEREBY ORDERED, that the parties carry out the terms and conditions of the foregoing

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stipulation.

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Dated: January 12, 2012.

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STIPULATION AND PROPOSED ORDER
FOR ENTRY OF JUDGMENT