Judge tells Keepseagle parties to work it out
July 24, 2015 |06:44 PM
Judge Emmet Sullivan of the U.S. Court for the District of Columbia today ordered the parties in Keepseagle v. Vilsack – the American Indian civil rights discrimination case against the Agriculture Department – to work out an agreement and come back to the court.
The issue is that the number of people who filed claims was smaller than expected, and $380 million remains to be distributed. The settlement called for distribution of any leftover funds to a foundation, but Marilyn Keepseagle, one of the plaintiffs in the case, believes that the money should be distributed to the plaintiffs. The government maintains that this would result in a windfall.
“Because there is no consensus within the meaning of the agreement, and because the parties’ proposals for unilateral modification are legally insufficient, the Court DENIES both pending motions for modification of the settlement agreement,” Sullivan wrote in his ruling. “The court expects that there will be review of the legal conclusions reached in this Opinion by appellate courts. Upon resolution of appellate case proceedings, if this court’s legal conclusions are undisturbed, the court will grant the parties a period of time to negotiate an agreement that they may jointly present to the court.”
Sullivan urged the parties to take into account President Barack Obama's statements on Indian issues.
Joe Sellers, the lawyer for the class, said, “The judge’s offer to come up with an alternative proposal to which all the parties can agree is appreciated, and I hope everyone will take it seriously.”
Sellers added that he was pleased Sullivan had cited Obama’s remarks on Indians and took that as “a prelude” to the court inviting the parties to reach a new agreement.
Sellers noted that he had proposed that all the funds be distributed to the class, but when USDA refused to agree, he had proceeded with the alternative of putting the funds in a trust.
Marshall Matz, current lawyer for Marilyn Keepseagle, the named plaintiff, said, “We were pleased with the decision, on balance. The court is urging class counsel and the government to work out a compromise with all parties. Further, he advises the executive branch to consider the comments of President Obama on nation-to-nation relationships with Indian people.”
A spokesman for Vilsack declined to comment.
The issue is that the number of people who filed claims was smaller than expected, and $380 million remains to be distributed. The settlement called for distribution of any leftover funds to a foundation, but Marilyn Keepseagle, one of the plaintiffs in the case, believes that the money should be distributed to the plaintiffs. The government maintains that this would result in a windfall.
“Because there is no consensus within the meaning of the agreement, and because the parties’ proposals for unilateral modification are legally insufficient, the Court DENIES both pending motions for modification of the settlement agreement,” Sullivan wrote in his ruling. “The court expects that there will be review of the legal conclusions reached in this Opinion by appellate courts. Upon resolution of appellate case proceedings, if this court’s legal conclusions are undisturbed, the court will grant the parties a period of time to negotiate an agreement that they may jointly present to the court.”
Sullivan urged the parties to take into account President Barack Obama's statements on Indian issues.
Joe Sellers, the lawyer for the class, said, “The judge’s offer to come up with an alternative proposal to which all the parties can agree is appreciated, and I hope everyone will take it seriously.”
Sellers added that he was pleased Sullivan had cited Obama’s remarks on Indians and took that as “a prelude” to the court inviting the parties to reach a new agreement.
Sellers noted that he had proposed that all the funds be distributed to the class, but when USDA refused to agree, he had proceeded with the alternative of putting the funds in a trust.
Marshall Matz, current lawyer for Marilyn Keepseagle, the named plaintiff, said, “We were pleased with the decision, on balance. The court is urging class counsel and the government to work out a compromise with all parties. Further, he advises the executive branch to consider the comments of President Obama on nation-to-nation relationships with Indian people.”
A spokesman for Vilsack declined to comment.
