Anderson & Middleton Company v. Salazar et al

Filing 15

ORDER on STIPULATION 14 Re: Sale of Six Parcels, signed by Judge Ronald B. Leighton. (DN)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
STIPULATION AND PROPOSED ORDER ­ 1 (C09-05033-RBL)

Hon. Ronald B. Leighton

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA ANDERSON & MIDDLETON COMPANY, a Washington corporation, Plaintiff, v. HON. KEN SALAZAR, in his official capacity as Secretary, United States Department of the Interior; HON. CARL ALTMAN, in his official capacity as Assistant Secretary, Indian Affairs, United States Department of the Interior; STANLEY M. SPEAKS, in his official capacity as Regional Director, Bureau of Indian Affairs, United States Department of the Interior; and John Does 1 through 20; Defendants. No. C09-05033-RBL

QUINAULT INDIAN NATION, v. Plaintiff,

Consolidated Case No. C09-05033-RBL Original Case No. C09-5064-RBL STIPULATION AND ORDER RE: SALE OF SIX PARCELS

HON. KEN SALAZAR, in his official capacity as Secretary, United States Department of the Interior; HON. CARL ARTMAN, in his official capacity as Assistant Secretary, Indian Affairs, United States Department of the Interior; STANLEY M. SPEAKS, in his official capacity as Regional Director, Bureau of Indian Affairs, Defendants.

700 Stewart Street, Suite 5220 Seattle, Washington 98101-1271 [phone]

United States Attorney

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

JOINT STIPULATION This action arises from a sealed bidding process conducted by the Bureau of Indian Affairs ("BIA") for the purchase of twenty-six parcels of Indian-owned trust land. The BIA concluded that the Quinault Indian Nation ("QIN") was the high bidder for six of the parcels, that the Anderson & Middleton Company ("A&M") was the high bidder for the other twenty parcels, and that pursuant to 25 U.S.C. § 2216(f), QIN would have an opportunity to match the high bid submitted by A&M for those twenty parcels. Because QIN indicated its intent to match A&M's bid, the BIA initially awarded the sale of all twenty-six parcels to QIN. Both QIN and A&M filed administrative appeals over the BIA's determination, and the Interior Board of Indian Appeals affirmed the underlying agency action. A&M subsequently filed suit in the United States District Court for the Western District of Washington challenging the Board's decision over its administrative appeal (the "A&M Action"). A&M's Complaint sought to enjoin the BIA from providing QIN an opportunity to match A&M's bid over the twenty parcels of Indian-owned timber trust land. On February 27, 2009, the BIA informed A&M that because QIN had failed to timely submit payment for the twenty-parcels of Indian-owned trust land, and barring judicial intervention, A&M may now purchase the allotments by submitting its balance of $3,951,923.40 to the BIA within thirty days of receipt of the notice. Accordingly, on March 3, 2009, and at the request of the parties, the A&M Action was held in abeyance until the earliest of the following three events has occurred: "(1) A&M's purchase of the allotments is finalized; (2) the time period for A&M to submit payment to the BIA has expired, with no payment made; or (3) the case of Quinault Indian Nation v. Salazar, et al., Case No. C09-5064-RBL, a related action, has been resolved." Dkt. No. 12. In Quinault Indian Nation v. Salazar, et al., Former Case No. C09-5064-RBL (the "Quinault Action"), QIN raised its own challenge to the BIA's actions with respect to the sale. It is undisputed that A&M did not submit a bid for the six parcels on which QIN was declared the high bidder. On or about March 16, 2009, QIN submitted the additional
United States Attorney

STIPULATION AND PROPOSED ORDER ­ 2 (C09-05033-RBL)

700 Stewart Street, Suite 5220 Seattle, Washington 98101-1271 [phone]

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

$976,850.10 owed for the purchase of the six parcels. The portion of QIN's 10% deposit attributable to the six parcels was not forfeited, but was applied to the purchase price. The BIA is in the process of completing the sale of the six parcels to the QIN. On March 18, 2009, in the Quinault Action, the Court granted QIN's motions for a temporary restraining order "staying the forfeiture of Quinault's deposit and staying any sale of the 20 contested parcels to A&M." See Case No. C09-5064-RBL, at Dkt. No. 16. The Court's Order also granted the Government's motion to consolidate and consolidated the A&M and Quinault Actions into the earlier filed case number. In order to allow the BIA to complete the sale of the six parcels to QIN, the Government and QIN hereby STIPULATE, AGREE, and JOINTLY REQUEST that the Court issue an order confirming that nothing in its Order of March 18, 2009, in Quinault Indian Nation v. Salazar, et al., should be construed to prevent the BIA from completing the sale of the six parcels to QIN.

DATED this 20th day of March, 2009.

JEFFREY C SULLIVAN United States Attorney

QUINAULT INDIAN NATION

s/Rebecca S. Cohen REBECCA S. COHEN, WSBA #31767 Assistant United States Attorney United States Attorney's Office 700 Stewart Street, Suite 5220 Seattle, Washington 98101-1271 Phone: [phone] Fax: [phone] E-mail: [e-mail]

s/Naomi Stacy NAOMI STACY , WSBA No. 29434 Office of Reservation Attorney PO Box 189/136 Cuitan Street Taholah, WA 98587 [e-mail] 260-276-8215 ext. 264

STIPULATION AND PROPOSED ORDER ­ 3 (C09-05033-RBL)

700 Stewart Street, Suite 5220 Seattle, Washington 98101-1271 [phone]

United States Attorney

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
STIPULATION AND PROPOSED ORDER ­ 4 (C09-05033-RBL)

ORDER

The parties having so stipulated and agreed, it is hereby SO ORDERED. The Clerk is directed to send copies of this Order to all counsel of record.

DATED this 23rd day of March, 2009.

A
Presented by: JEFFREY C. SULLIVAN United States Attorney /s/ Rebecca S. Cohen REBECCA S. COHEN Assistant United States Attorney Attorney for Respondents U.S. Attorney's Office Western District of Washington 700 Stewart Street, Suite 5220 [phone] [e-mail]

RONALD B. LEIGHTON UNITED STATES DISTRICT JUDGE

QUINAULT INDIAN NATION /s/Naomi Stacy NAOMI STACY , WSBA No. 29434 Office of Reservation Attorney PO Box 189/136 Cuitan Street Taholah, WA 98587 [e-mail] 260-276-8215 ext. 264

700 Stewart Street, Suite 5220 Seattle, Washington 98101-1271 [phone]

United States Attorney