Free Response to Proposed Findings of Uncontroverted Fact - District Court of Federal Claims - federal

Case 1:89-cv-00218-EJD

Document 154

Filed 05/12/2006

Page 1 of 12

I THE UNITED STATES COURT OF FEDERAL CLAIMS N
THE CHEROKEE NATION OF OKLAHOMA, Plaintiff, and PATTON BOGGS LLP, Intervenor-Plaintiff v. THE UNITED STATES OF AMERICA, Defendant.

* * *
*
* * *
x

Case No. 89-218(L) Chief Judge Edward H. Darnich

*

*

*

*

*

*

*
*
* * * * * *

*

*

*

*

*

*

CHEROKEE NATION'S RESPONSE PATTON TO BOGGS' PROPOSED FINDINGS
OF UNCONTROVERTED IN SUPPORTF ITS CROSS-MOTION SUMMARY FACT O FOR JUDGMENT
FOR $1,247,501.80 Pursuant to RCFC 56(h)(2), the Cherokee Nation hereby responds to Patton Boggs' Proposed Findings of Uncontroverted Fact in Support of its Cross-Motion for Summary Judgment. Because Patton Boggs' proposed findings omit findings on matters relevant to its Cross-Motion for Summary Judgment, the Nation also submits a separate statement, as provided by RCFC 56(h)(2), of the Cherokee Nation's Proposed Findings of Uncontroverted Facts on Matters Relevant To But Not Covered By Patton Boggs's Proposed Findings and Patton Boggs' Cross-Motion for Summary Judgment.

PB Proposed Finding 1. Patton Boggs entered into an attorney fee contract with the Cherokee Nation with respect to this litigation. Ex. 2 at A-39 (the "Contract").

Case 1:89-cv-00218-EJD

Document 154

Filed 05/12/2006

Page 2 of 12

Cherokee Nation response. The proposed finding is disputed to the extent that it omits material facts that are relevant to the disposition of Patton Boggs' Motion for Summary Judgment. The proposed finding fails to state, inter alia, that Patton Boggs' contract was made with the Cherokee Nation on April 17, 1989 and was terminated in 1995. See Patton Boggs Complaint in Intervention at fl 15; see also CN Ex. 10.'

PB Proposed Finding 2. The Contract provided for, inter alia, monthly compensation and "compensation of ten percent (10%) of the amount recovered less the amounts previously paid by said Cherokee Nation for attorney fees pursuant to this Contract for litigation; provided, that approvals required by law, if any, are obtained." Id. at 2, 3.

Cherokee Nation response. The proposed finding is disputed to the extent that it omits material facts that are relevant to the disposition of Patton Boggs' Motion for Summary Judgment, namely the proposed finding fails to state that Patton Boggs' contract was terminated on October 30, 1995. See Patton Boggs Complaint in Intervention at fl 15; see also CN Ex 10.

PB Proposed Finding 3. Patton Boggs was paid a total of $403,959 in monthly payments under the Contract. Ex. 4 at A-47 (October 6, 2003 letter from the Cherokee Nation's General

Counsel, Julian Fite).

refers to the exhibits that the Cherokee Nation submits with the Nation's Opposition to Patton Boggs' Cross-Motion for Summary Judgment.
2

' "CN Ex. "

Case 1:89-cv-00218-EJD

Document 154

Filed 05/12/2006

Page 3 of 12

Case 1:89-cv-00218-EJD

Document 154

Filed 05/12/2006

Page 4 of 12

Case 1:89-cv-00218-EJD

Document 154

Filed 05/12/2006

Page 5 of 12

Case 1:89-cv-00218-EJD

Document 154

Filed 05/12/2006

Page 6 of 12

Case 1:89-cv-00218-EJD

Document 154

Filed 05/12/2006

Page 7 of 12

Case 1:89-cv-00218-EJD

Document 154

Filed 05/12/2006

Page 8 of 12

Case 1:89-cv-00218-EJD

Document 154

Filed 05/12/2006

Page 9 of 12

Case 1:89-cv-00218-EJD

Document 154

Filed 05/12/2006

Page 10 of 12

Case 1:89-cv-00218-EJD

Document 154

Filed 05/12/2006

Page 11 of 12

Case 1:89-cv-00218-EJD

Document 154

Filed 05/12/2006

Page 12 of 12