Free Stipulation of Dismissal - District Court of Federal Claims - federal

Case 1:05-cv-01023-JFM

Document 34-2

Filed 11/15/2007

Page 1 of 6

IN THE UNITED 8T A TES COURT OF FEDERL

CLAIS
L

ROSEBUD SIOUX TRIE a federally recognized Indian Tribe

No. 05- 1023

Judge James F. Merow

Plaintif
vs.

SETTLEMENT AGREEMENT

TI UNTED STATES OF AMERICA
Defendant.

RECITATIONS

WHREAS, multiple actions were brought concerng a land lease ("Land
develop a lage hog

Lease

) to

fan located on trbal trt

land

of the Rosebud Sioux Tribe (" Tribe

including the instant litigation brought by the Tribe against the United States on September 23
2005;

WHAS, to prevent futue conflct and litigation, the Tribe and the United Staes
(collectively referred to herein as "the Pares ) now seek a ful and fial
resolution of

all clais

raised in the Complait and seek to release and dispose of all clais

and alegatons

raised in the

Complaint by means of ths Settlement Agreement;
WHEREAS , the Paries have respectively determned that ths Settlement Agreement IS
in their best intetests;

WHREAS , the Tribe, pursuat to a motion of the Tribal Council dated September 24
2007 , a copy of which is attched hereto , has approved this Settlement Agreement, and the

United States , though its Depa.rtents of the Interior and JUstice, and lawfully authorized

representatives thereof: has likewise approved this Settlern nt Agreement; and

Case 1:05-cv-01023-JFM

Document 34-2

Filed 11/15/2007

Page 2 of 6

WHRES, thrugh this settlement , the United States does not admit any allegation of
fact or law set forth in the Tribe s Complaint.

NOW, THEREFORE , the Paries hereby stipulate and agree as follows:

II.

SETTLEMENT TERMS
In exchange for a full , complete and fmal settlement , compromise, discharge,

resolution , and extinguishment of all rights , clais, or demand, whether legal , equitable, or of

any other character, which were brought or which were knowable and could have been asserted
in the Complaint against the United States, its agencies , offcers, and instrmentalities , including

the Tnoe s claim for its attorney s fees and litigation costs , the United States agrees to pay the
Tribe the sum of $50 000 (" the Settlement Proceeds
). The United States

fuer agrees to

submit all necessar documentation for initiation of disbursement processng by the Genera

Accounting Offce for payment ofthe Settlement Proceeds withn

thrt

(30) days of receipt of

an Order of Dismissal with Prejudice by the United States Cour of Federal Claims pursuat to
ths Settlement

Agreement

As of the date ths Settlement Agreement is fully executed , the Tnoo hereby
covenants that it win not file any challenges against the United States whatsoever concerng the
Land Lease; and

In exchange for the agreed-upon terms set fort

above, the Tribe ,

on behal of the

Pares , shall file with the court an executed version of the Joint Motion for Dismissal of the
Complaint with Prejudice , and the (proposedJ Order, attached hereto as "Exhibit A " within

fifteen (15) days oOhe final execution ofthis

Settlement

Agreement. Any order entered by the

court granting the Partes ' Joint Motion for Dismissal ofthe Complaint with Prejudice shall

completely and finally dispose of all claims, demands , basec;on any theory of recovery or

Case 1:05-cv-01023-JFM

Document 34-2

Filed 11/15/2007

Page 3 of 6

liabilty asserted or not asserted

by the Tribe, arsing out of, or in any way connected with, a

fiduciary duty of the United States concernng the issues raised in the Complaint. In the event

the court does not dismiss this matter with prejudice, this Settlement Agrement shall become
null and void.

This Settlement Agreement is a compromise and settlement of the Tribe s claims

and shall not be constred

as an admission by

the United States of any legal or specific monetary

liability as to any or all of the Tribe

s clais and shall not be interpreted to constitute, or be used

to advance , a precedent or argument in this or any other case or proceeding of whatever nature.

Nor shall any provision of tiis Settlement Agreement constitute an admission of fact or law by
any pary. Moreover, while this is a full and final settlement of all claims rased in the Tribe

Complaint, this Settlement Agreement shall not constitute a final adjudication of the merits of
such claims contaed therein;
No provision of this Settlement Agreement shall be interpreted as or constitute a
commitment or requiment that the United States obligate or pay fuds in contravention ofthe

Anti-Deficiency Act, 31 U.S. C.

1341;
certfy that they are fully

The undersigned representatives of each Par
authorized by the Part
they

represent to bind the respective Paries to the terms of this

Settlement Agreement. Ths Settlement Agrement wil be deemed to be fully executed and
shall become effective when it has been signed by the representatives of all Pares set forth
below;
This Settlement Agreement embodies the entire agreement of the Paries

concerning settlement of the matters described above; and

..,
Case 1:05-cv-01023-JFM Document 34-2 Filed 11/15/2007 Page 4 of 6

The Partes aclmowledge representation by counsel thrughout all negotiations

which preceded and culminated in the execution of this Settlement Agreement. Each of the

Paries hereto further warants for itselfthat it has read all ofthis Settlement Agreement, has
discussed it with its resective
attorneys and

fully understands it.

rn WITSS WHEREOF , the Parties have caused this Settlement Agrement to be
executed by their duly authorized representatives on the dates so indicated below.

ROSEBUD 8IOUX TRE

Dated:

\0

/n\

"I .
By 0t

Rodne'y

aux, Its :President

Dated:

oj; I

Z-1

F. Marhall
Davenport Evans , Hurwitz & Smith , L. L.P. 206 West 14

th Street

PO Box 1030

Sioux Falls , SD 57101- 1030 Telephone: (605) 336-2880
Facsimile: (605) 335- 3639
E-mail:

mmarshallfarlehs. com

Attorneys for

Plaintif Rosebud Siort.:r: Tribe

Case 1:05-cv-01023-JFM

Document 34-2

Filed 11/15/2007

Page 5 of 6

Dated;

/J;

)Ci7 Daniel G. Steele

US Deparent of Justice Environment & Natual Resources Division
General Litigation Section
PO Box 663

Washington , DC 20044- 0663
Telephone: (202) 305-0484 Facsimile: (202) 305- 0506
E-mail:

daniel.steele(.u sdoi. gOY

John Turner Assistant Chief S. Deparent of Justice Environment and Natural Resources Division Indian Resources Section O. Box 44378
Enfant Plaza Station

Washington, DC 20026-4378
Telephone: (202) 514-9257 Fax: (202) 305-0271
E-mail:

iohn. tumer(ausdoi. !!oV

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--_. -------_._----------. -.Filed 11/15/2007 Page 6 ofPage 1 of 6

Case 1:05-cv-01023-JFM
Mark Marshall - FW: MOlION EXCERPT
From:
To:

Document 34-2

Erc Antoine -:ejantoine(2hotmaiLcom:: Mark Marshall Davenport Evans Hurwitz & Smit" -:mmarshall(2dehs. com::
9/24/2007 4:46 PM

Date: Subject:

FW: MOTION EXCERPT

_.._w_---_

From: bhowardiQgwtc. net
To: ejantoineiQhotmail.com Subject: fI:

MOTION EXCERP Date: Man , 24 Sep 2007 14: 11:44 - 0500

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PO BOX430 ROSLB!H). SOUTH DAKOTA 57570
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DATE:

September 24 , 2007

TO:

Eric Antoine , Tribal Attomey
Gerr Night Pipe ,

FROM:
RE:

RST Secretary

RSTC Motion Excerpt

The following motion was made and passed in a duly called meeting of the Rosebud Sioux Tribal Council held on August 19. 2007.

Motion by Fern Bordeaux/Boltz to authorize the President of the Tribe to sign the settement agreement for the attorney fees. Seconded by Jo A. Colombe. Questioned by Steve DeNoyer , Jr. Vote: 11 in favor , 0 opposed and 2 not voting. MOTION CARRIED.

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