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PIT River Tribe v. Bureau of Land Management

United States District Court, Ninth Circuit, California, E.D. California
Mar 18, 2015
2:04-CV-00956-JAM-JFM (E.D. Cal. Mar. 18, 2015)

Opinion

          BENJAMIN B. WAGNER, United States Attorney, KURT A. DIDIER, Assistant United States Attorney, Sacramento, CA, Attorneys for Defendant, United States of America.

          MATT ELMORE, Chairman, Kwhan Corporation, FOR PIT RIVER TRIBE.


         [No Hearing Request]

          JOINT MOTION FOR THE DEPOSIT OF FUNDS INTO THE COURT'S REGISTRY; AND ORDER THEREON

          JOHN A. MENDEZ, District Judge.

         Plaintiff Pit River Tribe and the United States defendants (collectively "Movants"), through their authorized representatives, hereby move for an order authorizing Pit River Tribe to deposit funds into the court's registry pending the outcome of Pit River Tribe's appeal to the Ninth Circuit Court of Appeals. The funds will be deposited on behalf of the Pit River Tribe through the Kwhan Corporation, a Federally Chartered Section 17 Corporation, wholly owned by the Pit River Tribe. The Movants further request that the order authorize the deposit of funds into an interest bearing account. This Motion is based on the following grounds:

         1. On July 29, 2013, the Court granted the United States' motion for judgment on the pleadings and for summary judgment against the plaintiffs. ECF No. 84. Judgment in the United States' favor was entered on July 30, 2013.

         2. The United States thereafter submitted a cost bill in the amount of $19, 851.60. The Court overruled the Plaintiff's objections to the cost bill and awarded the United States' $19, 851.60 in costs. ECF No. 96.

         3. Plaintiffs, including Pit River Tribe, filed notices of appeal from both the judgment and the order awarding costs as USCA Appeal Nos. 13-16961 and 14-15123, respectively.

         4. The United States, as the judgment creditor, recorded an abstract of judgment in Shasta County on June 12, 2014 against the Pit River Tribe's real property interests (the "Judgment Lien").

         5. Pit River Tribe has requested that the United States release its Judgment Lien. Following negotiations, the United States agrees that it will release the Judgment Lien upon Pit River Tribe's payment and deposit of $19, 851.60 into the Court's Registry (the "Deposited Funds"), to be deposited by the Kwhan Corporation. The Movants thus agree that:

A. Pit River Tribe through the Kwhan Corporation shall, within five days following the Court's order approving the deposit, pay to the Clerk, United District Court, $19, 851.60 via cashier's check;

B. Upon Pit River Tribe's payment by the Kwhan Corporation of the $19, 851.60 to the Clerk, the United States shall release its Judgment Lien;

C. The Deposited Funds shall remain in the Court's Registry pending the adjudication of Pit River Tribe's Appeal No. 14-15123 as set forth below, or further order of the Court;

D. If the Court of Appeals affirms the District Court's order awarding the United States' Costs, or dismisses the appeal of the order awarding costs, the United States will seek an order for the disbursement of the Deposited Funds plus any accrued interest; and

E. Pit River Tribe will not oppose the United States' application for an order disbursing the Deposited Funds and interest thereon provided the Court of Appeals adjudicates Appeal No. 14-15123 as stated in paragraph 5D, above.

F. If the Court of Appeals reverses the District Court's order awarding the United States' Costs, or grants the appeal of the order awarding costs, or if the Court of Appeals reverses the District Court's judgment in the related merits appeal, Ninth Circuit Case No. 13-16961, the Pit River Tribe will seek an order for release of the Deposited Funds plus interest to the Kwhan Corporation; and

G. The United States will not oppose an application for release of the Deposited Funds and interest thereon provided the Court of Appeals adjudicates Appeal No. 14-15123 as stated in paragraph 5F, above.

6. The Movants request that the Deposited Funds be placed into an interest bearing account.

          ORDER

         The Court, having reviewed the court files and the Movants' Joint Motion for Deposit of Funds into the Court's Registry (the "Motion"), and good cause appearing therefrom, herby GRANTS the Motion. Accordingly, IT IS ORDERED that:

         1. The Kwhan Corporation shall pay on behalf of the Pit River Tribe to the Clerk, United States District Court, via cashier's check, $19, 851.60, within five days after the filing of this Order.

         2. The United States shall release its Abstract of Judgment recorded in Shasta County against Pit River Tribe upon Kwhan Corporation's payment of the $19, 851.60.

         3. The Clerk shall promptly deposit the $19, 851.60 into an interest bearing account (the "Deposited Funds").

         4. The Deposited Funds shall not be disbursed until further order of this Court.

         IT IS SO ORDERED.


Summaries of

PIT River Tribe v. Bureau of Land Management

United States District Court, Ninth Circuit, California, E.D. California
Mar 18, 2015
2:04-CV-00956-JAM-JFM (E.D. Cal. Mar. 18, 2015)
Case details for

PIT River Tribe v. Bureau of Land Management

Case Details

Full title:PIT RIVER TRIBE, ET AL., Plaintiffs, v. BUREAU OF LAND MANAGEMENT, ET AL.…

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: Mar 18, 2015

Citations

2:04-CV-00956-JAM-JFM (E.D. Cal. Mar. 18, 2015)