The Housing Authority of the Te-Moak Tribe of Western Shoshone Indians et al v. United States Department of Housing and Urban Development et al

Filing 48

ORDER granting ECF No. 47 Motion to Alter or Amend Judgment; directing Clerk to enter an amended judgment in favor of Plaintiff and against Defendants United States Department of Housing and Urban Development, Secretary of HUD Julian Castro , and General Deputy Assistant Secretary for the Office of Public and Indian Housing Jemine Bryon; directing Defendants to restore $119,182.00 for Indian Housing Block Grant funds (see order for details). Signed by Judge Larry R. Hicks on 4/27/2016. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***
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THE HOUSING AUTHORITY OF THE
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TE-MOAK TRIBE OF WESTERN
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SHOSHONE INDIANS,
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Plaintiff,
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v.
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UNITED STATES DEPARTMENT OF
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HOUSING AND URBAN DEVELOPMENT; )
et al.,
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Defendants.
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3:08-CV-0626-LRH-VPC
ORDER

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Before the court is the parties’ joint motion to alter or amend judgment. Doc. #47.

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On March 28, 2016, the court issued a judgment in this matter in favor of plaintiff the

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Housing Authority of the Te-Moak Tribe of Western Shoshone Indians (“Te-Moak Housing

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Authority”) and against defendants United States Department of Housing and Urban Development

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(“HUD”); Julian Castro, Secretary of HUD; and Jemine Bryon, General Deputy Assistant Secretary

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for the Office of Public and Indian Housing, in the amount of $769,645.00 in recaptured funds. See

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Doc. #46. The parties now contend that the amount of the original judgment was in error and that

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only $119,182.00 was actually recaptured from the Te-Moak Housing Authority. See Doc. #47. The

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court has reviewed the parties’ joint motion to amend and finds that good cause exists to issue an

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amended judgment in this action.

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IT IS THEREFORE ORDERED the parties’ joint motion to alter of amend judgment
(Doc. #47) is GRANTED.
IT IS FURTHER ORDERED that the clerk of court shall enter an AMENDED

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JUDGMENT in favor of plaintiff the Housing Authority of the Te-Moak Tribe of Western

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Shoshone Indians and against defendants United States Department of Housing and Urban

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Development (“HUD”); Julian Castro, Secretary of HUD; and Jemine Bryon, General Deputy

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Assistant Secretary for the Office of Public and Indian Housing, in this action.

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IT IS FURTHER ORDERED that defendants shall restore to plaintiff the amended amount

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of $119,182.00, for Indian Housing Block Grant funds. Any such restoration shall be in addition to

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the full Indian Housing Block Grant allocation that would otherwise be due to the plaintiff under

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the Native American Housing Assistance and Self-Determination ACT in a given fiscal year as

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calculated without application of the amount of the judgment.

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IT IS FURTHER ORDERED that defendants shall make restoration of the IHBG funds

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from all available sources, including, but not limited to, Indian Housing Block Grant funds carried

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forward from previous grant years and Indian Housing Block Grant funds appropriated in future

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grant years.

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IT IS FURTHER ORDERED that the restoration of funds to plaintiff shall be completed as

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soon as administratively feasible, but in no event later than twenty-four (24) months from the date

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of judgment.

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IT IS SO ORDERED.

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DATED this 27th day of April, 2016.

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__________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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