Free Stipulation - District Court of Federal Claims - federal

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS (Electronically filed on December 15, 2006) ) ) ) ) ) ) ) ) ) ) )

PUEBLO OF ISLETA, Plaintiff, v. THE UNITED STATES OF AMERICA, Defendant.

Docket No. 98-166L Judge Emily C. Hewitt

JOINT STIPULATION FOR ENTRY OF JUDGMENT WHEREAS, plaintiff Pueblo of Isleta has asserted herein claims for money against defendant United States under an Act conferring jurisdiction on the United States Court of Federal Claims, Act of September 18, 1996, Pub. L. No. 104198, 110 Stat. 2418; WHEREAS, the first cause of action in plaintiff's First Amended Complaint, filed on September 17, 1999, claimed a taking of aboriginal title and was dismissed pursuant to the parties' Joint Motion for Entry of Partial Judgment, filed on December 21, 2001, and a Judgment entered on January 7, 2002; WHEREAS, the second cause of action in plaintiff's First Amended Complaint claimed money damages for loss and injury to the Pueblo's reservation lands and property interests; WHEREAS, the Congress has passed and the President has signed legislation, the "Pueblo of Isleta Settlement and Natural Resources Restoration Act of 2006", Pub. L.109-379, ratifying the Settlement Agreement of July 12, 2005, as

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modified by the Extension and Modification Agreement of June 22, 2006, together referred to hereinafter as the Settlement Agreement. WHEREAS, in the Settlement Agreement the parties have agreed to resolve all claims for money damages that were or could have been asserted in Docket 98-166L by way of settlement and compromise; WHEREAS, the Pueblo of Isleta has adopted a tribal resolution (attachment "A") which approves settlement of its money claims in consideration of the sum of $32,838,750 to be paid from the Judgment Fund pursuant to 31 U.S.C. § 1304 and the authorization of the payment of the sum of $7,200,000 (pursuant to the Pueblo of Isleta Settlement and Natural Resources Act of 2006, Pub. L. 109-379, in full and final settlement of the claims asserted herein; IT IS STIPULATED AND AGREED by and between the parties through their respective attorneys of record as follows: 1. That, pursuant to the enactment of Public Law 109-379 approving and ratifying the Settlement Agreement and authorizing the payment of $7,200,000 for the benefit of the Pueblo, and upon approval of this Joint Stipulation for Entry of Judgment by the Court, final judgment may be entered in Docket No. 98-166L in the amount of $32,838,750 in favor of the Pueblo of Isleta and against the United States of America; 2. Entry of final judgment as set forth in ¶ 1 shall finally dispose of all money rights, claims or demands, which the Pueblo of Isleta has asserted or could have asserted against defendant in its Complaint filed on March 9, 1998, its amended Complaint filed on September 17, 1999, and in its pretrial submissions filed herein. Plaintiff shall be barred

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thereby from asserting any such rights, claims or demands for money against the United States in any future action, provided however, that the Pueblo shall retain all rights and/or causes of action related to removal of ordnance under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § § 9601-9675 (CERCLA) and the Defense Environmental Restoration Program (DERP), established by section 211 of the Superfund Amendments and Reauthorization Act of 1986 (SARA), codified at 10 U.S.C. § § 2701-06, 2810-11, as amended or as may hereafter be amended, or under any contract that it may have for the removal of ordnance; 3. Entry of final judgment as set forth in ¶ 1 of this stipulation is a

result of compromise and settlement and shall not constitute or be construed as an admission, or be utilized or admissible as precedent, evidence or argument in any manner in any other proceeding, except as may be necessary to ensure compliance with its terms. However, the United States or the Pueblo of Isleta may utilize this Joint Stipulation to document the fact that plaintiff's claims were disposed of pursuant to the terms incorporated herein; 4. Entry of judgment of the Pueblo of Isleta's claims for money is

inclusive of attorney fees and other costs, and fully settles all claims for damages that the Pueblo of Isleta brought, or which were knowable and could have been brought against the United States under the Act of September 18, 1996, Pub. L. 104-198, 110 Stat. 2418, with regard to damages, attorney fees, interest, and any other fees of any kind as of the date of the Settlement Agreement, provided, however, that the Pueblo shall retain all rights and/or causes of action related to the removal of ordnance as provided for in ¶ 2. 3
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5. taken by any party; 6.

No review or appeal of the stipulated judgment shall be sought or

The United States waives any claims for gratuitous off-sets as an

set-off against the claims in Docket No. 98-166L; 7. Nothing herein is intended to or shall in any way affect or otherwise

impair the Pueblo's water rights or the status of the Pueblo's lands and natural resources. IN WITNESS WHEREOF, the Parties have executed and entered into this Settlement Agreement as of the date indicated below. Respectfully submitted, FOR THE UNITED STATES: /s/ Daniel G. Steele ________________________________ Daniel G. Steele, Esq. U.S. DEPARTMENT OF JUSTICE P.O. Box 663 Washington, DC 20044-0663 (202) 305-0484 Attorney for Defendant and Authorized Representative of the Attorney General FOR THE PUEBLO OF ISLETA: /s/ David C. Mielke _________________________________ David C. Mielke, Esq. SONOSKY, CHAMBERS, SACHSE, ENDRESON & MIELKE, LLP 500 Marquette Av. NW, Suite 1310 Albuquerque, NM 87102 (505) 247-0147 Attorneys for Plaintiff 4

Date: December 15, 2006

Date: December 14, 2006

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Of Counsel to Plaintiff: Harry R. Sachse Anne D. Noto SONOSKY, CHAMBERS, SACHSE, ENDRESON & PERRY, LLP 1425 K Street, NW Suite 600 Washington, DC 20005 (202) 682-0240

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