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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1 4 BENJAMIN B. WAGNER United States Attorney SYLVIA QUAST Assistant United States Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 Telephone: (916) 554-2740 5 Attorneys for Federal Defendants 2 3 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 17 ALTURAS INDIAN RANCHERIA, ) ) Plaintiff, ) ) v. ) ) KENNETH SALAZAR, et al., ) ) Defendants. ) ) ) ) ) ) ) ____________________________________) No. 2:10-CV-01997-LKK-EFB SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT AND ORDER 18 19 Subject to approval by the Court as provided below, Plaintiff and Intervenor Alturas 20 Indian Rancheria (“Tribe”) and Defendants Kenneth L. Salazar, Secretary of the Interior; Larry 21 Echo Hawk, Assistant Secretary of the Interior for Indian Affairs; Michael S. Black, Director of 22 the Bureau of Indian Affairs ("BIA"); Amy Dutschke, Regional Director of the BIA's Pacific 23 Regional Office; Virgil Akins, Superintendent of the BIA's Northern California Agency; and the 24 United States Department of the Interior (collectively referred to herein as the "Federal 25 Defendants"), by and through their respective undersigned counsel, recognizing the uncertainty 26 of litigation, and desiring to reach a full and final settlement of all causes of action and claims 27 raised, or which could have been raised, in this case, hereby stipulate and respectfully request 28 that the Court enter judgment in accordance with the following terms: 1 STIPULATION AND PROPOSED ORDER FOR ENTRY OF JUDGMENT 1 1. The Federal Defendants shall issue a letter to counsel for the State Defendants 2 (consisting of the State of California; Edmund G. Brown Jr., Governor of the State of California; 3 the California Gambling Control Commission; and Tina M. Littleton, Executive Director of the 4 California Gambling Control Commission) in this case, with a copy to counsel for the Tribe, 5 stating that the BIA has recognized the Tribe's Business Committee, consisting of Phillip Del 6 Rosa, Wendy Del Rosa, and Darren Rose (collectively "Business Committee"), as the duly- 7 constituted body of the Tribe for purposes of carrying out the government-to-government 8 relationship between the Tribe and the United States, and that this recognition is now final 9 pursuant to 25 C.F.R. § 2.6 for the Department of the Interior. 10 2. The BIA has approved the Tribe's self-determination contract requests for the 11 fiscal years 2009, 2010, 2011, and 2012, and shall transfer the amounts provided in those 12 requests to the Tribe's bank account maintained with the Plumas Bank located at 510 North 13 Street, Alturas, California 96101, Account No. 171011841, Routing No. 121138288, in 14 accordance with the terms contained in the contract award documents. 15 3. The Tribe hereby releases all causes of action and claims raised, or which could 16 have been raised, against the Federal Defendants or the United States in this case. The Tribe 17 shall also file a Notice of Dismissal with prejudice pursuant to FRCP 41(a)(1)(A)(i) in Alturas 18 Indian Rancheria v. U.S. Department of the Interior, et al., D.C.D.C. Case No. 19 1:11-cv-01867-RMC. 20 21 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. 22 Respectfully submitted, 23 Dated: January 11, 2012 BENJAMIN B. WAGNER UNITED STATES ATTORNEY 24 25 /s/ Sylvia Quast By: SYLVIA QUAST Assistant United States Attorney 26 27 Attorneys for Federal Defendants 28 2 STIPULATION AND PROPOSED ORDER FOR ENTRY OF JUDGMENT 1 Dated: January 11, 2012 RAPPORT AND MARSTON 2 /s/ Lester J. Marston 3 LESTER JOHN MARSTON 4 Attorney for Plaintiff and Intervenor Alturas Indian Rancheria 5 6 7 ORDER 8 Having read the foregoing Stipulation of the parties and good cause appearing therefore, IT IS 9 HEREBY ORDERED, that the parties carry out the terms and conditions of the foregoing 10 stipulation. 11 12 Dated: January 12, 2012. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATION AND PROPOSED ORDER FOR ENTRY OF JUDGMENT

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