Benally et al v. Herbert et al

Filing 42

MEMORANDUM DECISION AND ORDER granting 40 Motion to Dismiss Based Upon Mootness. Signed by Judge David Nuffer on 7/1/15 (alt)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
MARY BENALLY; TERRANCE LEE; and
MARIETTA TOM; Beneficiaries of the Utah
Navajo Trust Fund,
Plaintiffs,

MEMORANDUM DECISION AND
ORDER GRANTING MOTION TO
DISMISS

v.
Case No. 2:12-cv0275-DN-EJF
GARY R. HERBERT, Utah Governor, in his
official capacity; KIMBERLY K. WOOD,
District Judge David Nuffer
Exec. Dir., Utah Admin. Serv., in her official
capacity; JOHN REIDHEAD, CPA, Dir., Utah
Div. of Finance, in his official capacity;
CRAIG BUXTON, Dir., Utah Div. of
Facilities, Constr., and Mgt., in his official
capacity; TONY DAYISH, Adm., Utah Navajo
Royalty Holding Fund, in his official capacity;
STATE OF UTAH,
Defendants.

Defendants move for an order dismissing this case due to mootness after the Utah
Legislature passed S.B. 90 during the 2015 legislative session. 1 Plaintiffs did not file a timely
reply. 2 The court took the motion under advisement, stating “The court will rule on the state of
the record as of 4:00 p.m. on June 30, 2015.” 3 Plaintiffs did not respond. Accordingly, the
motion is GRANTED.
Plaintiffs brought this action seeking to require Defendants to distribute the oil revenues
from the Aneth extension of the Utah Navajo Reservation to benefit the Navajos living in San

1

Motion and Memorandum to Dismiss Based Upon Mootness (Motion), docket no. 40, filed April 15, 2015.

2

“Failure to respond timely to a motion may result in the court's granting the motion without further notice.”
DUCivR 7-1(d).

3

Docket Text Order, docket no. 41, filed June 17, 2015.

Juan County, Utah pursuant to federal law. 4 In 2008, the Utah Legislature adopted H.B. 352
causing the State of Utah to stop distributing the funds under those federal laws. However, in the
2015 legislative session the Utah Legislature adopted S.B. 90, Utah Navajo Royalties
Amendment, which was signed by Governor Herbert on March 23, 2015. Defendants previously
filed the Notice of Passage of S.B. 90 which included an enrolled copy of S.B. 90. 5 This law
reestablishes that the State of Utah will disburse the funds pursuant to the federal laws. As a
result, there is no longer a justiciable conflict between the parties and the action is moot.
ORDER
IT IS HEREBY ORDERED that the Motion to Dismiss Based Upon Mootness 6 is
GRANTED and this case is DISMISSED with prejudice. The clerk is directed to close this case.

Signed July 1, 2015.
BY THE COURT

________________________________________
District Judge David Nuffer

4

See 47 Stat. 1418 and 82 Stat. 121 (State of Utah named as Utah Navajo Trust Fund).

5

Notice of Passage of S.B. 90, docket no. 39, filed April 1, 2015.

6

Docket no. 40.

2