1:83-cv-01192-BLW

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
DELAWARES OF IDAHO, INC., KANSAS )
Case No. CV-83 – 1192-S-BLW
DELAWARE TRIBE OF INDIANS, INC., )
)
ARTHUR A CREECH and WANDA JUNE
)
WEEKS,
)
Plain­tiffs, ) FINAL ORDER
)
)
vs.
)
)
WILLIAM P. CLARK, Sec­re­tary of the Inte­rior
)
of the United States of Amer­ica,
)
)
Defen­dant.
)

Upon review and for good cause appear­ing, therefore;

On Octo­ber 2, 1984, the Court adjudged that Plain­tiffs, namely those indi­vid­u­als born after Octo­ber 3, 1972, and num­ber­ing as this Court has deter­mined, 1,664 indi­vid­u­als, were under­paid a col­lec­tive sum of $306,214.14 in dis­tri­b­u­tions of money judg­ment awards against the United States as follows:

The Gov­ern­ment under­paid 234 Kansas Delawares born after Octo­ber 3, 1972 a total of $39,447.30;

The Gov­ern­ment under­paid 58 Idaho Delawares born after Octo­ber 3, 1972 a total of $9,776.87; and

The Gov­ern­ment under­paid 1,372 Chero­kee Delawares born after Octo­ber 3, 1972 a total of $ 256,989.97.

The Octo­ber 2, 1984 Order directed that these mon­e­tary judg­ment awards against the United States should be paid among the under­paid indi­vid­u­als as indi­cated. Since the entry of the Octo­ber 2, 1984 Judg­ment Order how­ever, these mon­e­tary judg­ment awards against the United States have remained unpaid.

In sat­is­fy­ing the 1984 Judg­ment, the United States has cal­cu­lated that the total present value of prin­ci­pal amounts through Octo­ber 31, 2006 is $1,414,315.81 based on the actual inter­est earned by the Chero­kee Delaware funds as invested by the United States since the Octo­ber 2, 1984 order was issued. Coun­sel have ver­i­fied that cal­cu­la­tion. The Court finds that the actual inter­est earned on the funds is an appro­pri­ate mea­sure of interest-related dam­ages under the cir­cum­stances and orders that the total present value prin­ci­pal amount of $1,414,315.81 be pro­por­tioned as follows:

  • $182,194.53 for the 234 Kansas Delawares born after Octo­ber 3, 1972
  • $ 45,157.20 for the 58 Idaho Delawares born after Octo­ber 3, 1972
  • $1,186,964.08 for 1,372 Chero­kee Delawares born after Octo­ber 3, 1972.

IT IS HEREBY ORDERED and the Court directs that, in full sat­is­fac­tion of the Octo­ber 2, 1984 judg­ment, the United States pay the present value prin­ci­pal mon­e­tary sum as set forth above into three inter­est bear­ing Court super­vised accounts as pro­vided under Local Rule 67.1.

IT IS FURTHER ORDERED that the Clerk of Court invest the amount of $1,414,315.81 into three accounts as set forth above in an auto­mat­i­cally renew­able accounts in the name of the Clerk of Court, U.S. Dis­trict Court, at U.S. Bank in Boise, Idaho; said funds to remain invested pend­ing fur­ther order of the Court.

IT IS FURTHER ORDERED that the Clerk of Court must deduct a fee from the income earned on the invest­ment equal to ten per­cent (10%) of the income earned while the funds are held in the Court’s reg­istry fund, regard­less of the nature of the case under­ly­ing the invest­ment and with­out fur­ther order of the Court. The inter­est payable to the U.S. Courts shall be paid prior to any other dis­tri­b­u­tion of the account. Invest­ments hav­ing a matu­rity date will be assessed the fee at the time the invest­ment instru­ment matures.

IT IS FURTHER ORDERED that coun­sel pre­sent­ing this order per­son­ally serve a copy thereof on the Clerk of Court or his or her finan­cial deputy. Once the United States has deposited these sums into Court super­vised accounts, sub­se­quent orders will direct the man­ner of dis­tri­b­u­tion and any addi­tional amounts to be awarded for asso­ci­ated costs.

DATED: Octo­ber 31, 2006
(signature)

B. LYNN WINMILL
Chief Judge
United States Dis­trict Court
cc: Clyde Ander­son, Direc­tor of Finance
United States Dis­trict Court

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