Incarcerated Cobell-Eligible Beneficiary’s Federal Trust Claims May Proceed

Here are the materials in Godfrey v. United States (Fed. Cl.):

1 Complaint

8 US Motion to Dismiss

12 Response

15 DCT Order

D.C. Circuit Decides Expenses Appeal in Cobell v. Jewell 

Here is the opinion.

An excerpt:

This is the eleventh appeal to this court in nearly two decades of litigation arising out of the Department of the Interior’s misadministration of Native American trust accounts and an ensuing complex, nationwide litigation and settlement. As the case winds down, the class action representatives have appealed the district court’s denial of compensation for expenses incurred during the litigation and settlement process.
We affirm the district court’s denial of additional compensation for expenses for the lead plaintiff, Elouise Cobell, because the district court expressly wrapped those costs into an incentive award given to her earlier. We conclude, however, that the district court erred in categorically rejecting as procedurally barred the class representatives’ claim for the recovery of third-party payments, and remand for the district court to apply its accumulated expertise and discretion to the question of whether third-party compensation can and should be paid under the Settlement Agreement.

Briefs here.

Lower court materials here.

D.C. Circuit Briefs in Effort to Recover Litigation Expenses from Cobell Settlement Fund

Here:

1 Opening Brief

2 Appellee Brief

3 Reply Brief

4 Indian Land Tenure Foundation Amicus Brief

Lower court materials here.

Federal Court Denies Litigation Expenses Motion (Again?)

Here are the new materials in Cobell v. Jewell (D.D.C.):

4059 Emergency Motion

4061 Response

4062 Reply

4063 DCT Order

Prior order here.

Indian Land Tenure Foundation Upcoming CLE on Cobell v. Jewell: July 16, 2014 in Washington, D.C.

Here:

Cobell DC CLE Brochure_Page_1

Cobell DC CLE Brochure_Page_2

Federal Court Denies Motion to Recover Cobell Litigation Expenses

Here are the materials:

3839 Motion for Expenses

3846 Federal Opposition

3848 Cobell Reply

4033 DCT Order Denying Motion

An excerpt:

Pending before the Court is Plaintiffs’ Motion for Reconsideration of Class Representatives’ Expense Application [ECF No. 3839]. The motion seeks to have this Court reconsider its June 20, 2011 decision declining to further diminish the common fund benefitting class plaintiffs by granting the Class Representatives’ request to recover expenses related to recoverable grants third-party organizations made to the Blackfeet Reservation Development Fund (“BRDF”) to finance this lawsuit. Because the pending motion advances arguments and evidence that could have been raised by the plaintiffs before the Court ruled and entered judgment, the motion will be denied.