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, )

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.,

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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

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