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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