Free Notice of Indirectly Related Case(s) - District Court of Federal Claims - federal

Case 1:02-cv-00024-FMA

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Filed 12/29/2006

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UNITED STATES COURT OF FEDERAL CLAIMS THE PUEBLO OF LAGUNA, Plaintiff, v. UNITED STATES OF AMERICA, Defendant. ) ) ) ) ) ) ) ) )

No.: 02-24 L Judge Francis M. Allegra

NOTICE OF INDIRECTLY RELATED CASES Pursuant to Rule 40.2(b), Rules of the United States Court of Federal Claims, Plaintiff, the Navajo Nation, files this notice of indirectly related cases. The above-captioned case and Jicarilla Apache Nation v. United States, No. 2-25, are both indirectly related to Navajo Nation v. United States, for which initial pleadings were filed today. The undersigned is attorney of record in all three cases: Pueblo of Laguna, No. 2-24; Jicarilla Apache Nation, No. 2-25; and Navajo Nation. Pueblo of Laguna and Jicarilla Apache Nation are both assigned to Judge Francis M. Allegra. Plaintiffs in all three cases are American Indian Tribes with reservations located on the Colorado Plateau. The Plateau is a unique geophysical province with a geological history that separates it from the adjoining Plains Province to the east and the Basin and Range Province to the west and south. All three cases involve claims for breach of trust and asset mismanagement against the United States as trustee for tribal mineral resources mined from the Colorado Plateau. To Plaintiff's knowledge and belief, the Jicarilla Apache Nation and the Navajo Nation are the only two Colorado Plateau tribes with lands within the San Juan Basin that also have tribal trust cases pending in the United States Court of Federal Claims. The San Juan Basin

Case 1:02-cv-00024-FMA

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is the second largest natural gas producing province in the United States. Likewise, to Plaintiff's knowledge and belief the Navajo Nation and Pueblo of Laguna are the only two Colorado Plateau Tribes with lands within the Grants Uranium District of New Mexico that also have tribal trust cases pending in the United States Court of Federal Claims. The Grants Uranium District of New Mexico produced more uranium than any other district in the world from 1951 to 1980. Common issues of fact and law among Pueblo of Laguna, Jicarilla Apache Nation, and Navajo Nation are present in the claims arising from the administration of these prolific energy-mineral producing trust lands by the United States Department of the Interior on behalf of these tribes. Plaintiffs' counsel anticipates utilizing many of the same experts in all three cases. In light of this high level of commonality and in the interest of promoting the efficient administration of justice, Plaintiffs in all three cases respectfully request that Navajo Nation v. United States be assigned to Judge Francis M. Allegra. Two other pending cases, one now pending in the United States Court of Federal Claims and one awaiting decision at the Federal Circuit, are also indirectly related to the Navajo Nation case being filed today. They are, respectively, Hopi Tribe v. United States, COFC No. 00-217, and Navajo Nation v. United States, CAFC No. 6-5059. Hopi Tribe involves coal jointly owned with the Navajo Nation. Navajo Nation, CAFC No. 6-5059, focuses on lease formation issues for certain of the Navajo Nation's own coal. Navajo Nation

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Case 1:02-cv-00024-FMA

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was remanded to the Federal Circuit and then, in turn, remanded to the COFC. It is now awaiting the Federal Circuit's decision following arguments on appeal. Plaintiff has also been advised that a class action law suit may be filed by the Native American Rights Fund (NARF) in the United States District Court for the District of Columbia on behalf of tribes that received so-called reconciliation reports prepared by Arthur Andersen in 1996 at the direction of the Department of Interior. Plaintiff's counsel has advised NARF that NARF is not authorized to file any claims related to the trust funds or related trust assets of the Navajo Nation, the Jicarilla Apache Nation, the Pueblo of Laguna, or the Delaware Tribe (Bartlesville, OK) in any court whatsoever. The Navajo Nation might nevertheless be included within the purported scope of such a class action. Respectfully submitted this 29th day of December, 2006.

_s/ Alan R. Taradash___________________________ Alan R. Taradash Nordhaus Law Firm, LLP 405 Dr. Martin Luther King, Jr. Ave. NE Albuquerque, NM 87102 telephone: 505-243-4275 facsimile: 505-243-4464 Attorney of Record for Plaintiff Navajo Nation Attorney of Record for Pueblo of Laguna, 02-24L Attorney of Record for Jicarilla Apache Nation, 02-25L Attorney of Record for Delaware Tribe of Indians, 02-26L

Dated: December 29, 2006

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Of Counsel for Plaintiff:

Thomas J. Peckham Daniel I.S.J. Rey-Bear Nordhaus Law Firm, LLP 405 Dr. Martin Luther King, Jr. Ave. NE Albuquerque, NM 87102 telephone: 505-243-4275 facsimile: 505-243-4464 Donald H. Grove Nordhaus Law Firm, LLP 1401 K Street NW, Suite 801 Washington, DC 2006 telephone: 202-530-1920 facsimile: 202-530-1270

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CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing Notice of Indirectly Related Cases was served on the following person via First Class Mail on this 29th day of December 2006.

Robert Rodrigues U.S. Department of Justice Environment and Natural Resources Division Natural Resources Section P.O. Box 663 Washington, DC 20044-0663 telephone: 202-305-0484 facsimile: 202-305-0506 Attorney of Record for Defendant James Eckford Scarboro Arnold & Porter 370 Seventeenth Street Suite 4500 Denver, CO 80202 (303) 863-1000 Attorney of Record for Hopi Tribe

__/s Thomas J. Peckham______________________