Crow Indian Tribe et al v. United States of America et al

Filing 336

ORDER re Stipulation 333 in 9:17-cv-00089-DLC. Signed by Judge Dana L. Christensen on 12/21/2020. Associated Cases: 9:17-cv-00089-DLC et al. (ASG)

Case 9:17-cv-00089-DLC Document 336 Filed 12/21/20 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION

CROW INDIAN TRIBE; et al.,
CV 17–89–M–DLC
Plaintiffs,
vs.
UNITED STATES OF AMERICA; et al.,
Federal Defendants.

(Consolidated with Case Nos.
CV 17–117–M–DLC,
CV 17–118–M–DLC,
CV 17–119–M–DLC,
CV 17–123–M–DLC
and CV 18–16–M–DLC)

and
ORDER
STATE OF WYOMING; et al.,
Defendant-Intervenors.

Before the Court is a Joint Stipulation to Resolve Plaintiffs’ Claim for
Attorneys’ Fees and Costs entered into between Plaintiffs Crow Indian Tribe, et al.,
in case number CV 17–89–M–DLC and Federal Defendants. (Doc. 333.)
Pursuant to the parties’ stipulation,
IT IS ORDERED that:
1. Federal Defendants shall pay and Plaintiffs shall accept $132,804 in full
satisfaction of any and all of Plaintiffs’ claims, demands, rights, and causes of
action, under any authority for attorneys’ fees or costs incurred in connection with
this lawsuit through and including the date of the Court order approving this
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Case 9:17-cv-00089-DLC Document 336 Filed 12/21/20 Page 2 of 5

Agreement.
2. Federal Defendants shall make the payment set forth in Paragraph 1 of
this Agreement by electronic funds transfer to Plaintiffs’ counsel, on behalf of
Plaintiffs. No later than ten (10) days following entry of this Stipulation as an order
of the Court, Plaintiffs, through their counsel, shall provide counsel for Federal
Defendants the following information necessary for Federal Defendants to process
the payment set forth in Paragraph 1: the Plaintiffs’ name, the payee’s name, the
payee’s address, the payee’s bank name and bank address, the payee’s bank
account name and number, the account type, the bank routing transit number, the
ABA number, and the payee’s tax identification number. Upon the request of
counsel for Federal Defendants, counsel for Plaintiffs shall provide additional
information (including the tax identification numbers of Plaintiffs or payee), if
needed, to process the payment set forth in Paragraph 1.
3. Federal Defendants shall submit all paperwork necessary to complete
the $132,804 payment set forth in Paragraph 1 within fourteen (14) business days
of receipt of either a signed order from the Court approving this stipulation or
receipt of the information described in Paragraph 2, whichever is later. Plaintiffs,
through their counsel, shall confirm receipt of the payment within 7 days of receipt
of such payment in writing to counsel for Federal Defendants.
4. Plaintiffs’ receipt of the $132,804 payment set forth in Paragraph 1 in
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accordance with this Agreement shall operate as a full release of Plaintiffs’ claims
for attorneys’ fees and costs arising out of this lawsuit.
5. The Parties agree that this Agreement was negotiated and entered into in
good faith and that it constitutes a settlement of claims that were vigorously
contested, denied, and disputed by the Parties. This Agreement shall not be
construed as an admission or concession of any wrongdoing, liability, or any issue
of fact or law concerning the claims settled under this Agreement. Except as
expressly provided in this Agreement, none of the Parties waives or relinquishes
any legal rights, claims, or defenses it may have.
6. By entering into this Agreement, Federal Defendants do not waive any
right to contest fees or costs claimed by Plaintiffs, including hourly rates, in any
future litigation or continuation of the present action, and Plaintiffs do not waive
any right to claim such fees or costs. The undersigned Parties agree and
acknowledge that this Agreement as to attorneys’ fees and costs has no
precedential value, except as necessary to enforce the terms of this Agreement.
7. No provision of this Agreement shall be interpreted as, or constitute, a
commitment or requirement that Federal Defendants are obligated to spend funds
in violation of the Anti-Deficiency Act, 31 U.S.C. § 1341, or any other law or
regulation.
8. The terms of this Agreement constitute the entire agreement of the
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Parties, and all previous understandings, agreements, and communications
concerning settlement of Plaintiffs’ claims for attorneys’ fees and costs incurred in
the lawsuit that occurred prior to the date hereof, whether express or implied, oral
or written, are fully and completely extinguished and superseded by this
Agreement. This Agreement may be modified only upon mutual written consent
of the Parties and the Court’s approval of a joint stipulation to modify this
Agreement.
9. The undersigned representatives of Plaintiffs and Federal Defendants
certify that they are fully authorized by the Party or Parties they represent to enter
into the terms and conditions of this Agreement and to legally bind the Parties to it.
10. The provisions of this Agreement shall apply to and be binding upon
each of the Parties including, but not limited to, their officers, directors, servants,
employees, successors, and assigns.
11. Within 10 days after receipt of payment in accordance with this
Agreement, Plaintiffs shall file a Notice of Satisfaction and shall withdraw its
motion for attorneys’ fees and costs.
12. This Agreement is effective as of the date it is entered by the Court.

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DATED this 21st day of December, 2020.

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