USA, et al v. State of Washington, et al

Filing 21419

JOINT STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE OF NISQUALLY INDIAN TRIBES CLAIM II re subproceeding 14-2 by Judge Ricardo S Martinez. (RS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON AT SEATTLE

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UNITED STATES OF AMERICA, et al.,
Plaintiffs,

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Civ. No. C70-9213
Subproceeding No. 14-02

vs.

JOINT STIPULATION AND ORDER OF
DISMISSAL WITH PREJUDICE OF
NISQUALLY INDIAN TRIBE’S CLAIM
II

STATE OF WASHINGTON, et al.,
Defendants.

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Pursuant to LCR 7(d)(1) and 10(g) and Fed. R. Civ. Proc. 41(a), the parties
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Nisqually Indian Tribe (“Nisqually”) and Squaxin Island Tribe (“Squaxin”), through their
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undersigned counsel of record, hereby stipulate to the following:
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STIPULATION
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WHEREAS, Nisqually filed this subproceeding against Squaxin alleging two
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claims: (1) that Squaxin Island did not have usual and accustomed fishing grounds and
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stations in the waters in and around Anderson Island, also referred to as the Subproceeding
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Area, as determined by Judge Boldt in Final Decision #I (Claim I); and (2) that the
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Squaxin Island Tribe is barred by judicial estoppel, collateral estoppel, and finality of
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judgments from fishing in the Subproceeding Area waters as a result of Judge Craig’s
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Order Findings of Fact and Conclusions of Law Re: Determination of Additional Usual
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and Accustomed Fishing Places of Nisqually, Puyallup, and Squaxin Island Tribes, United
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CIV. NO. C70-9213, SUBPROCEEDING 14-02
STIPULATION FOR DISMISSAL OF NISQUALLY’S CLAIM II– 1

OFFICE OF THE TRIBAL ATTORNEY
NISQUALLY INDIAN TRIBE
4820 SHE-NAH-NUM DRIVE, S.E.
OLYMPIA, WA 98513
PHONE [phone]

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States v. Washington, 626 F. Supp. 1405, 1441-1442 (W.D. Wash. 1985) as set forth in

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paragraphs 7.1 through 7.13, inclusive, of Nisqually’s Request for Determination (Dkt. No.

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6) (Claim II);

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WHEREAS, on June 15, 2016, Judge Martinez entered an order on Claim I (Dkt.

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#50) denying Nisqually’s motion for summary judgment (Dkt. #37) and granting Squaxin

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Island’s motion for summary judgment (Dkt. #36);

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WHEREAS, Judge Martinez left the case open for Nisqually to pursue Claim II as
presented in its Request for Determination;
WHEREAS, Nisqually, Squaxin and the Puyallup Tribe engaged in discovery with
respect to Claim II;

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WHEREAS, Nisqually has now decided to dismiss with prejudice its Claim II

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under Federal Rule of Civil Procedure 41(a)(1), and to seek a final judgment as to the

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Court’s Orders in Dkt. Nos. 50, 56 (Order Denying in Part Nisqually’s Motion for

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Reconsideration) and 59 (Order Denying Motion for Reconsideration); and

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WHEREAS, Squaxin supports Nisqually’s decision to dismiss with prejudice
Claim II.
THEREFORE, THE NISQUALLY TRIBE AND SQUAXIN ISLAND TRIBE

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STIPULATE that Claim II of the above-captioned subproceeding is dismissed with

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prejudice, that Claim II is terminated, that each Party shall bear its own costs; and that the

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Court enter final judgment as to its Orders (Dkt. # 50, 56, 59).

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Respectfully submitted this 9th day of March, 2017,

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Attorney for the Nisqually Indian Tribe

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s/ Maryanne E. Mohan
Maryanne E. Mohan, WSBA #47346
4820 She-Nah-Num Dr. S.E.
Olympia, WA 98513
Telephone: [phone]
Fax: [phone]
Email: [e-mail]

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CIV. NO. C70-9213, SUBPROCEEDING 14-02
STIPULATION FOR DISMISSAL OF NISQUALLY’S CLAIM II– 2

OFFICE OF THE TRIBAL ATTORNEY
NISQUALLY INDIAN TRIBE
4820 SHE-NAH-NUM DRIVE, S.E.
OLYMPIA, WA 98513
PHONE [phone]

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Attorneys for the Squaxin Island Tribe
s/ Sharon Haensly
Sharon Haensly, WSBA No.18158
David Babcock, WSBA No. 31737
3711 SE Old Olympic Hwy.
Shelton, WA 98584
Phone: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]

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ORDER
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IT IS SO ORDERED. Claim II, as set forth in paragraphs 7.1 to 7.13, inclusive, of
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Nisqually’s Request for Determination, is hereby dismissed with prejudice, and the Clerk
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shall enter final judgment with respect to the Court’s Order on Claim I (Dkt.#50).
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DATED this 10th of March 2017.

A

RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT
JUDGE

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CIV. NO. C70-9213, SUBPROCEEDING 14-02
STIPULATION FOR DISMISSAL OF NISQUALLY’S CLAIM II– 3

OFFICE OF THE TRIBAL ATTORNEY
NISQUALLY INDIAN TRIBE
4820 SHE-NAH-NUM DRIVE, S.E.
OLYMPIA, WA 98513
PHONE [phone]