D.C. District Court – Page 20

Keepseagle Settlement Deadline Extended

April 16, 2010Matthew L.M. Fletcher

From BLT:

U.S. District Judge Emmet Sullivan yesterday agreed to continue a delay in a multi-billion-dollar lawsuit by Native American farmers and ranchers against the U.S. Department of Agriculture in order to allow more time for settlement negotiations.

“At the request of the USDA, the plaintiffs agreed to request a brief additional stay of the litigation in the hope that the additional time will permit the parties to make real progress in establishing a basis for settlement,” said lead counsel Joseph Sellers, partner in Washington’s Cohen Milstein Sellers & Toll.

Sullivan extended the settlement negotiation to May 26, with a status report due on May 20.

In their motion to the court, Sellers and Department of Justice attorneys said, “The length of this stay is reasonable in light of the many considerations involved in settling a class action lawsuit of this size and scope.”

The class action, Keepseagle v. Vilsack, was filed in the U.S. District Court for the District of Columbia in November 1999. The suit accuses the Agriculture department of denying thousands of Native American farmers and ranchers the same opportunity to obtain farm loans that it routinely gave to white farmers. The discrimination allegedly caused the loss of billions of dollars in credit over a 25-year period. The suit also charges the department with failure to accept and investigate many civil rights complaints filed by those farmers and ranchers.

Continue reading →

Tohono O’odham Nation v. Salazar Complaint and Materials

March 23, 2010Matthew L.M. Fletcher

This involves off-reservation gaming in Glendale, Arizona (Indianz article here).

Here:

TON v. Salazar Complaint

TON Motion for Summary Judgment

Council of Athabascan Tribal Governments Survives Motion to Dismiss in Self-Determination Act Contract Claim

March 18, 2010Matthew L.M. Fletcher

Here are the materials in Council of Athabascan Tribal Governments v. United States (D. D.C.):

DCT Order Denying Federal Motion to Dismiss

Federal Motion to Dismiss

Tribal Memorandum in Opposition

Federal Reply Brief

Tribal Surreply

Geronimo Skull Case Update

February 12, 2010Matthew L.M. Fletcher1 Comment

Not much going on in this lawsuit, but here’s the update:

Fort Sill Motion to Intervene

Plaintiff Opposition to Fort Sill Motion

Federal Motion to Dismiss Geronimo Complaint

The parties are awaiting the court’s decision on the motion to intervene.

The complaint is here.

Mixed-Blood Utes Loses Trust Accounting Claim

January 16, 2010Matthew L.M. Fletcher

Here is the opinion in Felter v. Salazar (D. D.C.) — Dismissal Memo 1.15.10.

An excerpt:

Although P.L. 108-108 did revive at the time of its enactment time-barred claims then pending in litigation, it did not waive the preclusive effects of prior judgments, and the plaintiffs are collaterally estopped from arguing that the defendants had an obligation to supervise in trust the plaintiffs’ share of the ICC judgment. The plaintiffs therefore cannot demonstrate that they are entitled to an accounting, and the defendants’ motion to dismiss will be granted.

Keepseagle Motion for Certification of Damages

December 13, 2009Matthew L.M. Fletcher

Here is an interesting tidbit from the American Indian farmer discrimination case — Keepseagle Motion for Certification of Damages

Damages Claim in USDA Discrimination Suit Rejected (Not Keepseagle)

October 30, 2009Matthew L.M. Fletcher

In a claim brought by an American Indian plaintiff that declined to join the Keepseagle class action, the federal court declined to grant a writ of mandamus ordering the Dept. of Agriculture to pay damages for race discrimination — Wilkinson v. Vilsack

An excerpt:

Petitioner Wilbur Wilkinson brings this action on behalf of his parents, Ernest and Mollie Wilkinson, for a writ of mandamus directed to respondents Tom Vilsack, the Secretary of Agriculture, and the United States Department of Agriculture (“USDA”). Wilkinson contends that respondents have a duty to pay damages resulting from an administrative adjudication concluding that USDA discriminated against his parents. Now before the Court is respondents’ motion to dismiss the verified petition for a writ of mandamus.

Jicarilla Apache Loses Another Royalty Claim

September 2, 2009Matthew L.M. Fletcher

We previously noted a similar case — Jicarilla Apache Tribe v. Dept. of Interior — when Judge Leon dismissed claims against the Dept. of Interior. Now a different D.C. district court judge has dismissed claims against another mining company for miscalculating royalty payments — same caption, different case, same result.

DCT Dismissal of Claims against Merit

Update to Tunica-Biloxi Tribe v. United States Self-Determination Act Case

August 30, 2009Matthew L.M. Fletcher

We previously posted materials in this case, which alleges “massive violations” of the Indian Self-Determination and Education Assistance Act here. Here is an update, in which the D.C. District Court denies the government’s request for reconsideration.

DCT Order on Miscellaneous Relief