vs. ) Case No. CIV JOINT MOTION BY PLAINTIFFS AND ALL DEFENDANTS FOR DISMISSAL WITH PREJUDICE PURSUANT TO FED. R. CIV. P.

Similar documents
vs. ) Case No. CIV Pursuant to [insert Settlement Act citation] (hereinafter the Settlement Act ),

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

6:14-cv KEW Document 26 Filed in ED/OK on 06/17/14 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA : : : : : : : : : : : PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION

Exhibit 6: State of Oklahoma, Choctaw Nation of Oklahoma, Chickasaw Nation, City of Oklahoma City Water Settlement

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT

IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA ERNEST TAYLOR CIVIL ACTION THE CITY OF BATON ROUGE, ET AL. NO.

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA ) ) ) ) ) ) ) ) ) ) ANSWER AND COUNTERCLAIMS

Case 5:12-cv C Document 15 Filed 01/07/13 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

Case 2:18-cv R-AGR Document 7 Filed 02/05/18 Page 1 of 2 Page ID #:26

Case 4:12-cv A Document 41 Filed 01/03/13 IN THE UNITED STATES DISTRI NORTHERN DISTRICT OF T FORT WORTH DIVISION ORDER

This Agreement, originally entered on the 15 th day of June, 2010, as amended this. day of,, is entered into by and among the City of Oklahoma

Case 1:15-mc CKK Document 188 Filed 09/21/17 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 5:12-cv C Document 6 Filed 11/15/12 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

FILED: NEW YORK COUNTY CLERK 04/15/2014 INDEX NO /2013 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 04/15/2014

Case 5:07-cv C Document 27 Filed 12/19/2007 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OKLAHOMA

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

Case 2:13-cv Document 995 Filed in TXSD on 02/22/17 Page 1 of 6

Case 1:14-cv ADB Document 527 Filed 09/05/18 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS BOSTON DIVISION

Case 1:13-cv BB Document 42 Entered on FLSD Docket 05/18/2016 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Case 1:10-cv FJS Document 24 Filed 11/18/11 Page 1 of 4 UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA

Section 1: Recitals. Section 2: Purpose and Scope.

Case 1:13-cv KBJ Document 46 Filed 03/20/17 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 1:08-cv MV-KBM Document 132 Filed 09/30/10 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

Case 1:18-cv LY Document 43 Filed 09/17/18 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

IN THE DISTRICT COURT OF APPEAL THIRD DISTRICT CASE NO.: 3D LT. CASE NO.: CA-13

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI HATTIESBURG DIVISION CIVIL ACTION NO.

Page 1 of 13. Case 1: 05-cv-003-LY Document 23 Filed 01/2006 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS AUSTIN DIVISION OS CV-923

Case 5:08-cv D Document 71 Filed 03/24/2009 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

Case 3:16-cv CWR-FKB Document 79 Filed 01/06/17 Page 1 of 4

COUNSEL JUDGES. Donnelly, C.J., wrote the opinion. WE CONCUR: C. FINCHER NEAL, Judge, PAMELA B. MINZNER, Judge AUTHOR: DONNELLY OPINION


GREATER ATLANTIC LEGAL SERVICES, INC.

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA

Case 0:17-cv BB Document 89 Entered on FLSD Docket 07/19/2018 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 1:17-cv TSC Document 13 Filed 09/08/17 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

IN THE DISTRICT COURT OF CLEVELAND COUNTY STATE OF OKLAHOMA ) ) ) ) ) ) ) ) ) ) ) DEFENDANTS REPLY IN SUPPORT OF MOTION FOR A CONTINUANCE

Nos & IN THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT

2:12-cv PDB-PJK Doc # 22 Filed 10/02/12 Pg 1 of 3 Pg ID 1020 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Case 5:14-cv HE Document 1 Filed 10/20/14 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

Courthouse News Service

IN THE CIRCUIT COURT OF HINDS COUNTY, MISSISSIPPI FIRST JUDICIAL DISTRICT. ) Civil No CIV. Defendants )

Case 1:17-cv RDB Document 17 Filed 11/13/17 Page 1 of 6. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND Baltimore Division ANSWER

U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:08-cv PAC

Case 6:05-cv ACC-DAB Document 56 Filed 01/12/2007 Page 1 of 11 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

Case 1:11-cv MGC Document 14 Entered on FLSD Docket 06/17/2011 Page 1 of 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

other things, the United States Patent Laws, 35 U. S. C. section 10, et seq.

PETITION FOR INSTRUCTION

Case 3:11-cv WDS-PMF Document 73 Filed 07/09/13 Page 1 of 6 Page ID #688

Case 1:10-cv JDB Document 8-1 Filed 06/28/10 Page 1 of 6 UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA

Case LMI Doc 23 Filed 09/04/15 Page 1 of 10. UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA Miami Division

UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF OKLAHOMA ) ) ) Case No TRC AGREEMENT BETWEEN LIQUIDATION ESTATE AND OWNER-OPERATORS

Case 6:06-cv RAW Document 73 Filed in USDC ED/OK on 11/03/2009 Page 1 of 10

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

Case 3:17-mc G Document 1 Filed 03/06/17 Page 1 of 5 PageID 1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

Case 5:07-cv C Document 34 Filed 08/28/2008 Page 1 of 2 NO. CIV C. Plaintiff, ) ) CAMPBELL, YOST, CLARE & NORELL, P.C.

Case 3:18-cv CWR-FKB Document 58 Filed 11/20/18 Page 1 of 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI NORTHERN DIVISION

Case KJC Doc 962 Filed 11/08/16 Page 1 of 2 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Filing # E-Filed 06/14/ :33:44 PM

Case 4:16-cv ALM Document 10 Filed 10/18/16 Page 1 of 6 PageID #: 779

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Charles Edward Lincoln, pro se 603 Elmwood Place, Suite #6 Austin, Texas Tel:

From Article at GetOutOfDebt.org

EEOC v. Pass and Seymour, Inc. and Kennmark Group, Ltd. (Consent Decree as to Pass and Seymour)

FILED: NEW YORK COUNTY CLERK 07/26/2013 INDEX NO /2013 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2013

6:14-cv KEW Document 28 Filed in ED/OK on 06/27/14 Page 1 of 12 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA

Case 5:06-cv R Document 9 Filed 04/14/2006 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case MFW Doc Filed 05/13/15 Page 1 of 6 UNITED STATES BANKRUPTCY COURT DISTRICT OF DELAWARE

Case 2:15-cv DN-BCW Document 111 Filed 11/04/16 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI. SAMUEL M. BROTHERS and LORA BROTHERS

IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA. Plaintiffs, Defendants.

Case 1:04-cv GBD-RLE Document 953 Filed 08/10/15 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) ) ) )

Case 4:09-cv WAP-DAS Document 90 Filed 08/09/10 Page 1 of 18

HOROWITZ LAW GROUP PLLC

Case 3:15-cr BAS Document 166 Filed 03/02/17 PageID.752 Page 1 of 8

Case 1:14-cv Document 1 Filed 02/18/14 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

Case 1:17-cv JPO Document 47 Filed 05/23/18 Page 1 of 5

Case 2:14-cv ER Document 83-1 Filed 06/22/15 Page 1 of 30 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

Case 1:08-mc PLF Document 300 Filed 08/17/12 Page 1 of 17 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION. Case No. 5:07-CV-231

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA CASE NO.: 1. BREACH OF IMPLIED CONTRACT 2. TRESPASS TO CHATTEL

In the United States Court of Appeals for the Fifth Circuit

Case No IN THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT. NORTHEAST OHIO COALITION FOR THE HOMELESS, et al., Plaintiffs-Appellees

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION

DOCKET NO.: HEARING DATE : SIR: at nine o clock in the forenoon or as

Transcription:

1 1 1 1 1 1 1 1 0 1 0 1 Exhibit : State of Oklahoma, Choctaw Nation of Oklahoma, Chickasaw Nation, City of Oklahoma City Water Settlement IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA CHICKASAW NATION and CHOCTAW NATION OF OKLAHOMA, Plaintiffs, vs. Case No. CIV-- Mary Fallin, in her official capacity as Governor of the State of Oklahoma, et al. Defendants. JOINT MOTION BY PLAINTIFFS AND ALL DEFENDANTS FOR DISMISSAL WITH PREJUDICE PURSUANT TO FED. R. CIV. P. 1(a( The Choctaw Nation of Oklahoma, the Chickasaw Nation (collectively, the Nations, and all defendants named in the Second Amended Complaint (Doc. (collectively with the Nations, the Moving Parties respectfully move this Court to order the dismissal of the Nations claims against all defendants named in the Second Amended Complaint (Doc. pursuant to Fed. R. Civ. Pr. 1(a(. 1. As grounds for this Motion, the Moving Parties state as follows: This case was stayed by order of the Court on March, 01, along with a concurrent stay entered in Oklahoma Water Resources Board v. United States, et al., Case No. CIV-1- (W.D. Ok. (hereinafter, Case No. CIV-1- to allow settlement negotiations to proceed as among the Nations, the State of Oklahoma (Governor Mary Fallin and the Oklahoma Water Resources Board (collectively, State, the City of Oklahoma City ( City, and the United States to resolve the issues raised by the respective actions. Settlement negotiations proceeded thereafter and upon request of the State, the Nations, the City, and Version: 01-0-0

1 1 1 1 1 1 1 1 0 the United States, the Court has extended the stay in both cases multiple times to allow settlement discussions to progress.. After almost five years of negotiations, the State, the Nations, the United States, and the City reached a settlement that was executed by the State, the Nations and the City in August 01, enacted into federal law on as [insert Settlement Act citation], and executed by the United States on 01.. Pursuant to [insert Settlement Act citation], approving the State of Oklahoma, Choctaw Nation of Oklahoma, Chickasaw Nation, and City of Oklahoma City Water Settlement ( Settlement Agreement, and Fed. R. Civ. Pr. 1(a(, the Moving Parties respectfully move this court to order the dismissal of the Nations claims against all defendants named in the Second Amended Complaint (Doc., which order shall be with prejudice effective as of the Enforceability Date as defined in the Settlement Act and the Settlement Agreement unless either the Plaintiffs or the Defendants notify the Court that the Enforceability Date has not occurred and move to vacate the order of dismissal on that basis. The Moving Parties shall provide notice to the Court of the occurrence of the Enforceability Date within sixty (0 days of the Enforceability Date.. The Moving Parties are concurrently filing a similar motion in Case No. CIV-1- and respectfully request that this Court grant the relief requested in each or deny both.. A proposed draft order is provided for the Court s consideration. WHEREFORE, for the reasons set forth herein and as, the motion should be granted. Page of

Date: Respectfully submitted, 1 1 1 1 1 1 1 1 0 1 0 1 Michael Burrage, oba # WHITTEN BURRAGE Classen Drive Oklahoma City, OK Tel: (0 1-00 Fax: (0 1- Email: mburrage@whittenburragelaw.com Bob Rabon, OBA # RABON, WOLF & RABON 0 East Jackson (Highway 0 Hugo, OK Tel: (0 - Fax: (0-0 Email: bob.rabon@sbcglobal.net Counsel for Choctaw Nation of Oklahoma and Chickasaw Nation Stephen H. Greetham, OBA #0 Chickasaw Nation Division of Commerce Office of General Counsel 00 Lonnie Abbott Blvd. Ada, OK 0 Tel: (0 - Fax: (0-0 Email: StephenGreetham@chickasaw.net Counsel for Chickasaw Nation Page of

1 1 1 1 1 1 1 1 0 1 0 1 Douglas B. L. Endreson Frank S. Holleman SONOSKY, CHAMBERS, SACHSE, ENDRESON & PERRY, LLP 1 K Street, N.W., Suite 00 Washington, D.C. 000 Tel: (0-00 Fax: (0-0 On the Complaint for the Chickasaw Nation and Choctaw Nation OKLAHOMA OFFICE OF THE ATTORNEY GENERAL Patrick R. Wyrick, OBA #1 SOLICITOR GENERAL 1 NE 1st Street Oklahoma City, OK Phone: (0 - Patrick.Wyrick@oag.ok.gov Michael Hunter FIRST ASSISTANT ATTORNEY GENERAL 1 NE 1st Street Oklahoma City, OK 1 (0-1; (0-0 Fax Service email: fc.docket@oag.state.ok.us Page of

1 1 1 1 1 1 1 1 0 1 0 1 MODRALL, SPERLING, ROEHL, HARRIS & SISK, P.A. Maria O Brien (NM Bar No. 1 00 th Street NW, Suite 00 Albuquerque, NM Phone: (0-0 mobrien@modrall.com V. Glenn Coffee, OBA # Glenn Coffee & Associates, PLLC 1 N. Robinson Oklahoma City, OK -0 0-0- gcoffee@cox.net Counsel for Governor Mary Fallin, State of Oklahoma and Counsel for OWRB Brian M. Nazarenus, OBA #01 Susan M. Ryan, OBA #0 RYLEY CARLOCK & APPLEWHITE 0 Lincoln Street, Suite 00 Denver, CO 00 (0-00 bnazarenus@rcalaw.com sryan@rcalaw.com Counsel for Defendants City of Oklahoma City, and Oklahoma City Water Utilities Trust Page of

1 1 1 1 1 CERTIFICATE OF SERVICE I hereby certify that on the day of, 01, I electronically transmitted the attached document to the Clerk of Court using the ECF System for filing. Based on the records currently on file, the Clerk of court will transmit a Notice of Electronic Filing to the following ECF registrants: I hereby certify that on the day of, 01, I served the attached document by e-mail on the following, who are not registered participants of the ECF System. Michael Burrage Page of

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA CHICKASAW NATION and CHOCTAW NATION OF OKLAHOMA, vs. Plaintiffs, MARY FALLIN, in her official capacity as Governor of the State of Oklahoma, et al.; Defendants. ORDER No. CIV-- 1 1 1 1 1 1 1 Upon review of the record and consideration of the Joint Motion for Voluntarily Dismiss Pursuant to Fed. R. Civ. P. l(a(, IT IS HEREBY ORDERED that motion be and hereby is GRANTED, and IT IS FURTHER ORDERED: 1. that Plaintiffs claims against all defendants named in the Second Amended Complaint (Doc., and their predecessors and successors in interest, are hereby dismissed with prejudice effective on the Enforceability Date as defined in the [insert Settlement Act citation] (hereinafter, Settlement Act and the State of Oklahoma, Choctaw Nation of Oklahoma, Chickasaw Nation, City of Oklahoma City Water Settlement (hereinafter, Settlement Agreement, without further notice to the parties, unless Plaintiffs or Defendants notify the Court that the Enforceability Date has not occurred and move to vacate the order of dismissal on that basis. and. that the Moving Parties shall provide notice to the Court of the occurrence of the Enforceability Date as defined in the Settlement Act and Settlement Agreement. 1 1

ENTERED this day of, 01. LEE R. WEST UNITED STATES DISTRICT JUDGE