Alturas Indian Rancheria v. Salazar, et al

Filing 127

STIPULATION FOR ENTRY OF JUDGMENT and ORDER signed by Judge Lawrence K. Karlton on 1/13/12 ORDERING that the parties carry out the terms and conditions of the foregoing Stipulation. (Meuleman, A)

6

KAMALA D. HARRIS
Attorney General of California
SARA J. DRAKE
Senior Assistant Attorney General
NEIL D. HOUSTON, State Bar No. 168058
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]

7

Attorneys for State Defendants

1
2
3
4
5

8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11
12

ALTURAS INDIAN RANCHERIA, a
federally-recognized Indian tribe,

13
14

2:10-cv-01997-LKK-EFB

Plaintiff,
STIPULATION FOR ENTRY OF
JUDGMENT AND ORDER

v.

15
KENNETH L. SALAZAR, et al.,
16
17

Defendants.

18
19

Plaintiff and Intervenor Alturas Indian Rancheria (“Tribe”) and defendants State of

20

California, Edmund G. Brown Jr., Governor of California, California Gambling Control

21

Commission (“Commission”), and Tina M. Littleton, Executive Director of the California

22

Gambling Control Commission (collectively referred to herein as the “State Defendants”), by and

23

through their respective undersigned counsel, recognizing the uncertainty of litigation, and

24

desiring to reach a full and final settlement of all causes of action and claims raised, or which

25

could have been raised, in this case, hereby stipulate and respectfully request that the Court enter

26

judgment in accordance with the following terms:

27
28
2
Stipulation and [Proposed] Order for Entry of Judgment (2:10-cv-01997-LKK-EFB)

1

1.

The Tribe shall cause the Bureau of Indian Affairs (“BIA”), by and through its

2

counsel Sylvia Quast, Assistant United States Attorney, to issue a letter to the State Defendants,

3

by and through their counsel, Neil D. Houston, Deputy Attorney General, confirming that the

4

BIA recognizes the Business Committee of the Tribe, consisting of Phillip Del Rosa, Wendy Del

5

Rosa, and Darren Rose (“Business Committee”), as the duly-constituted body of the Tribe for

6

purposes of carrying out the government-to-government relationship between the Tribe and the

7

United States, and that this recognition is now final for the Department of the Interior

8

(“Confirming Letter”).

9

2.

On the basis of the Confirming Letter and such other information as may be presented

10

to it at the time of hearing, the Commission shall consider the adoption of this Stipulation for

11

Entry of Judgment (“Stipulation”) and the disbursement of all accrued Revenue Sharing Trust

12

Fund (“RSTF”) monies to the Tribe, together with all interest accrued thereon at the State

13

Controller’s Office rate, in the total sum of $1,859,410.87 as of January 12, 2012, at the

14

Commission’s regularly scheduled public meeting beginning at 10:00 a.m., on January 12, 2012,

15

at 2399 Gateway Oaks, Sacramento, CA 95833. Interest accruing on the accrued RSTF monies

16

between January 12, 2012 and the date upon which the wire transfer described in paragraph 5,

17

below, is made, shall be calculated at the prevailing State Controller’s Office rate and paid to the

18

Tribe by the Commission by separate check mailed to such address as the Business Committee

19

may designate.

20

3.

The State Defendants’ obligations hereunder are expressly conditioned upon the

21

Commission’s adoption of this Stipulation at its regularly scheduled meeting on January 12,

22

2012. The Tribe shall not file this Stipulation with the Court until the Commission has adopted it

23

as described herein. The Tribe’s counsel is hereby authorized to, and shall promptly, file this

24

Stipulation with the Court upon its adoption by the Commission.

25

4.

Upon the Commission’s adoption of this Stipulation and approval of the disbursement

26

of the accrued RSTF monies described in paragraph 2, above, the Commission shall, by no later

27

than the close of business on January 12, 2012, request the release of the accrued RSTF monies

28
3
Stipulation and [Proposed] Order for Entry of Judgment (2:10-cv-01997-LKK-EFB)

1

by the Department of General Services and the State Controller’s Office. The Commission shall

2

take such steps as are available to it to expedite the processing of payment to the Tribe, in an

3

effort to obtain release of the accrued RSTF funds by January 20, 2012, and in no event later than

4

January 31, 2012.

5

5.

Pursuant to the Business Committee’s request, the accrued RSTF monies shall be

6

disbursed to the Tribe by wire transfer to Account No. 171011841, Routing Number 121138288,

7

Plumas Bank, 510 North Street, Alturas, CA 96101, which method of payment is hereby

8

confirmed by execution of this Stipulation by the Tribe’s counsel.

9

6.

At its regular meeting on January 26, 2012, the Commission shall consider the

10

disbursement of RSTF funds for the fourth quarter of 2011 to all eligible California tribes.

11

Provided that the Business Committee remains, and is at that time, recognized by the BIA as

12

described in paragraph 1, above, the Commission shall deem the Business Committee the duly

13

constituted body of the Tribe for the purpose of receiving such funds on behalf of the Tribe.

14
15
16

7.

The Tribe shall release all causes of action and claims raised, or which could have

been raised, against the State Defendants in this case.
8.

The parties shall bear their own costs and attorneys’ fees incurred in this action.

17
18

Dated: January 11, 2012

Respectfully submitted,

19

KAMALA D. HARRIS
Attorney General of California
SARA J. DRAKE
Senior Assistant Attorney General

20
21
22

/s/ Neil D. Houston
________________________________
NEIL D. HOUSTON
Deputy Attorney General
Attorneys for State of California, Edmund G.
Brown, Jr., California Gambling Control
Commission, Tina M. Littleton

23
24
25
26
27
28
4

Stipulation and [Proposed] Order for Entry of Judgment (2:10-cv-01997-LKK-EFB)

1
Dated: January 12, 2012

RAPPORT AND MARSTON

2
3
/s/ Lester J. Marston
________________________________
LESTER JOHN MARSTON
Attorney for Plaintiff and Intervenor
Alturas Indian Rancheria

4
5
6
7
8
9

ORDER

10
11
12
13
14

Having read the foregoing Stipulation of the parties, and good cause appearing therefor, IT
IS HEREBY ORDERED, that the parties carry out the terms and conditions of the foregoing
Stipulation.
Dated: January 13, 2012

15
16
17
18
19
20
21
22
23
24
25
26
27
28
5
Stipulation and [Proposed] Order for Entry of Judgment (2:10-cv-01997-LKK-EFB)