Crow Tribe of Indian v. MT ST Dept Rev, et al

Filing 797

ORDER GRANTING JOINT MOTION FOR DISMISSAL. Signed by Judge Susan P. Watters on 11/30/2016. (Attachments: # 1 Agreement) (EMH, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION FILED DEC - 1 2016 Clerk, u s District Gourt District Qt Montana Billtngs THE CROW TRIBE OF INDIANS, Plaintiff-Appellant, CV 78-110-BLG-SPW vs. ORDER GRANTING JOINT MOTION FOR DISMISSAL THE UNITED STATES OF AMERICA, Plaintiff-Intervenor-Appellee, and STATE OF MONTANA, DEPARTMENT OF REVENUE, et al., Defendants-A ellees. This dispute has been pending in this Court, the Ninth Circuit, or the United States Supreme Court since 1978. The parties have recently executed a settlement agreement (Agreement) resolving this case in its entirety. The Agreement is attached to this order. The Agreement requires that it "shall be entered as or incorporated into the dismissal order and judgment" in this case "and shall be enforceable" in this Court. Ex. A, Sec. 4( c). The Court finds that there is good cause to incorporate the Agreement into an enforceable order. This is a complex case that has spanned many decades, and each of the parties to the Agreement is a sovereign. Incorporating the Agreement into the Court's dismissal order and expressly retaining jurisdiction, see generally Kokkonen v. Guardian Life Ins. Co., 1 511 U.S. 375 (1994), will provide the certainty of enforcement needed for the Agreement to accomplish its purpose. In the event of a breach of the Agreement, retention of jurisdiction and power of enforcement in this Court will promote judicial economy. Accordingly, the Court hereby incorporates into this order the parties' Agreement attached to this order, orders each of the parties to abide by the Agreement, and retains jurisdiction over enforcement of the Agreement according to its terms. Except for the retention of such enforcement jurisdiction as provided in the Agreement, these cases are dismissed with prejudice. DATEDthis~of~ ,2016. L-71 r:J~ .,,,-SUSANP. WATTERS United States District Judge 2

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