Free Joint Status Report - District Court of Federal Claims - federal

Case 1:89-cv-00218-EJD

Document 169

Filed 04/24/2007

Page 1 of 4

IN THE UNITED STATES COURT OF FEDERAL CLAIMS Consolidated Case No. 89-218 L __________________________________________ CHEROKEE NATION OF OKLAHOMA, ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. ) __________________________________________)

No. 89-218 L

Chief Judge Edward Damich __________________________________________ THE CHOCTAW NATION OF ) OKLAHOMA AND THE CHICKASAW ) NATION, ) ) Plaintiffs, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. ) __________________________________________) JOINT STATUS REPORT Pursuant to the Court's Order of February 27, 2007, the parties are filing this Joint Status Report addressed to two issues: (1) the proposed settlement between the Cherokee Nation of Oklahoma and the Patton Boggs law firm of Patton Boggs' attorney fees claim; and (2) Congress' additional appropriations in Fiscal Year 2007 to carry out the provisions of the Cherokee, Choctaw, and Chickasaw Nations Claims Settlement Act.

No. 89-630 L

Case 1:89-cv-00218-EJD

Document 169

Filed 04/24/2007

Page 2 of 4

I. Proposed Settlement of Patton Boggs' Claim for Attorney Fees. The Cherokee Nation and Patton Boggs have settled the Patton Boggs' claim for attorneys fees. All the requisite paperwork has been submitted to BIA and the Office of Special Trustee and the wire transfer of the agreed upon settlement amount was made on April 17, 2007. The Interior headquarters has yet to inform the CNO's Principal Chief, Chad Smith, in writing, of the April 17, 2007 transfer of funds. It is anticipated that the formal notification of Mr. Smith will be sent to him the week of April 30th. In addition, on April 23, 2007, the Cherokee Nation, Patton Boggs and the United States filed a "Rule 42(b) Dismissal Agreement" in the Court of Appeals for the Federal Circuit. Under this Agreement, the parties " . . . jointly stipulate to the dismissal of all claims brought by Patton Boggs in this appeal, with prejudice." (Emphasis supplied). (copy of motion appended hereto). II. Congress' Additional Appropriations of Funds to Carry out the Settlement Act. The Joint Status Report filed on February 21, 2007 stated that a total of $10,399,000.00 would have to be appropriated in Fiscal Year 2007 to make the total amount appropriated under the Settlement Act for all three Indian Nations $40,000,000. The Report also stated that $1,292,375.00 (of the $10,339,000.00) had been appropriated in FY 2007. The Office of Special Trustee now reports that the balance of the $10,339,000 (that is, $10,339,000 minus $1,292,375.00, or $9,046,625) has been appropriated. The breakdown by each Indian Nation of the entire $10,399, 000 is as follows: A. Cherokee Nation (1) $4,135,600.00 - - the amount exclusive of the amount deposited in Special Holding Account and the attorneys' fees escrow account;

2

Case 1:89-cv-00218-EJD

Document 169

Filed 04/24/2007

Page 3 of 4

(2) $516,950.00 - - Special Holding Account; and (3) $516,950.00 - - Attorney fees' escrow account. Total: $5,169,500.00

B. Choctaw Nation $3,877,125.00 C. Chickasaw Nation $1,292,375.00

Plaintiffs' respective counsel have authorized the government's attorney to sign for them. Respectfully submitted, _s/ James M. Upton JAMES M. UPTON U.S. Department of Justice Environment & Natural Resources Division Natural Resources Section P.O. Box 663 Washington, D.C. 20044-0663 Ph. (202) 305-0482 Fax: (202) 305-0506 E-mail address: [email protected] Attorney of Record for United States _s/ James G. Wilcoxen JAMES G. WILCOXEN Wilcoxen & Wilcoxen 112 N. 5th Street Muskogee, Oklahoma 74401 Ph: (918) 683-6696 E-mail address: [email protected] Attorney of Record for Cherokee Nation of Oklahoma 3

Case 1:89-cv-00218-EJD

Document 169

Filed 04/24/2007

Page 4 of 4

_s/ Bob Rabon BOB RABON Kile, Rabon and Wolf 114 N. 2nd Street P.O. Box 726 Hugo, Oklahoma 74743 Ph: (580) 326-6427 E-mail address: [email protected] Attorney of Record for Choctaw Nation of Oklahoma and Chickasaw Nation

Attachment

4

Case 1:89-cv-00218-EJD

Document 169-2

Filed 04/24/2007

Page 1 of 4

Attachment

Case 1:89-cv-00218-EJD

Document 169-2

Filed 04/24/2007

Page 2 of 4

2006-5139

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

THE CHEROKEE NATION OF OKLAHOMA,
i.j)
;~.-..)

,"')
, .,-.

Plaintiff- Appellee,
v.

Ç-')
(' '.1
J t ,

-

PATTON BOGGS, LLP,

0;"".1

Plaintiff-Appellant,
v.

UNITED STATES,

Defendant-Appellee.

RULE 42(b) DISMISSAL AGREEMENT
Plaintiff-Appellee, the Cherokee Nation of

Oklahoma ("Cherokee Nation"),

Plaintiff-Appellant, Patton Boggs, LLP ("Patton Boggs"), and Defendant-Appellee,

the United States, by their undersigned counsel, pursuant to Federal Rules of
Appellate Procedure 42(b), hereby jointly stipulate to the dismissal of all claims
brought by Patton Boggs in this appeal, with prejudice. Each party shall bear its

own costs and attorneys' fees with regard to those claims.

Case 1:89-cv-00218-EJD

Document 169-2

Filed 04/24/2007

Page 3 of 4

Dated:

April 23, 2007
Respectfully submitted,

Respectfully submitted,

ilæ L, l
Arthur Lazarus, Jr.
Anne D. Noto

Sonosky, Chambers, Sachse, Endreson & Perr, LLP 1425 K Street, N.W., Suite 600 Washington, DC 20005 (202) 682-0240 (office)
(202) 682-0249 (fax)

David P. Callet David S. Panze Greenberg Tra rig LLP 800 Connecticut ve~~W, Suite 500 Washington, DC 20006 (202) 331-3100 (office)
(202) 331-3101 (fax)

Special Counsel for Cherokee Nation
Respectfully submitted,

and

T It.1 ~,t
1l~i-nii~ ¿1¡'¡''r~iJ:; i 1l='

~ J3. ;1~~

Michael J. Schaengold Patton Boggs LLP 2550 M Street, NW Washington, DC 20037
(202) 457-6523 (office) (202) 457-6315 (fax)

Ryan D. Nelson Deputy Assistant Attorney General U.S. Department of Justice Environment & Natural Resources Division P.O. Box 7415 Ben Franklin Station Washington, DC 20044 (202) 514-0624 (office) Counsel for the United States of America

Counsel for Patton Boggs LLP

Case 1:89-cv-00218-EJD

Document 169-2

Filed 04/24/2007

Page 4 of 4

PROOF OF SERVICE

On this 23th day of April, 2007, I caused two copies of the foregoing RULE 42(b) DISMISSAL AGREEMENT to be delivered by U.S. Mail, postage pre-paid, upon:

Ryan D. Nelson Deputy Assistant Attorney General U.S. Department of Justice Environment & Natural Resources Division P.O. Box 7415, Ben Franklin Station Washington, D.C. 20044
(202) 5 i 4-0624
Counsel for the United States

Arthur Lazarus, Jr. Anne D. Noto Sonosky, Chambers, Sachse, Endreson & Perr, LLP 1425 K Street, N.W., Suite 600 Washington, DC 20005
(202) 682-0240 (office) (202) 682-0249 (fax)

Special Counsel for Cherokee Nation

Michael J. Schaengold Patton Boggs LLP 2550 M Street, NW Washington, DC 20037
(202) 457-6523 (office) (202) 457-6315 (fax)

Counsel for Patton Boggs LLP