Case 1:96-cv-01285-TFH Document 3670 Filed 12/21/10 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
ELOUISE PEPION COB Ell et al., on their own
behalf and on behalf of all persons similarly
situated,
Plaintiffs,
v.
KEN SALAZAR, Secretary oflhe Interior, et aI.,
Defendants.
)
)
)
)
)
)
) Civil Action
) No. 96·1285 (TFH)
)
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)
ORDER CERTIFYING TRUST ADMINISTRATION CLASS, APPOiNTiNG CLASS
COUNSEL, AND APPROVING CLASS REPRESENTATiVES FOR THE TRUST
ADMINISTRATION CLASS, AND MODIFYING THE FEBRUARY 4,1997 CLASS
CERTiFICATiON ORDER
The matter comes before this Court on Plaintiffs' Unopposed Motion to Certify the Trust
Administration Class, Appoint Class Counsel, Approve Class Representatives, and Modify the
February 4, 1997 Class Certification Order ("Unopposed Motion"). Upon consideration of the
proposed Sett lemcm Agreement as modified on November 17, 20 10; 28 U.S.C. § 1331 ; the
Claims Resolution Act of 201 0, Public Law 111 -291 (Dec. 8, 2010; 124 Stat. 3064); Rule 23 of
the Federal Rules of Civil Procedure, and the record of these proceedings, il is hereby
ORDERED Ihal the Unopposed Motion is GRANTED. It is further
ORDERED that the February 4, 1997 Class Certification Order is modified and the
Historical Accounting Class accordingly certified as follows:
[T]hose individual Indian beneficiaries (exclusive of those who prior to the filing
of the Complaint on June 10, 1996 had filed actions on their own behalf stating a
claim for a historical accounting) alive on the Record Date [September 30, 2009]
and who had an lIM Account open during any period between October 25, 1994
Case 1:96-cv-01285-TFH Document 3670 Filed 12/21/10 Page 2 of 3
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and the Record Date, which 11M Account had at least one cash transaction
credited to it at any time as long as such credi ts were not latcr reversed.
Beneficiaries, deceased as of the Record Date, are included in the Historical
Accounting Class only if they had an liM Account that was open as of the Record
Date. The estate of any Historical Accounting Class Member who dies after the
Record Dale but before distribution is in the Historical Accounting Class.
It is further
ORDERED, pursuant to Rule 23(b)(3) and § IOl(d)(2) and the Claims Resolution Act
of 20 10, Public Law 111-291 (Dec. 8, 2010; 124 Stal. 3064), that the Trust Administration
Class is accordingly certified as foll ows:
Those individual Indian beneficiaries (exclusive of persons who filed actions on
their own behalf, or a group of individua ls who were certified as a class in a class
action, stating a Funds Mismanagement Claim or a Land Mismanagement Claim,
as defined by the Seltlement Agreement of December 7, 2009, prior to the filing
of the Amended Complaint) alive as of the Record Date and who have or had TIM
Accounts in the " Elec tronic Ledger Era" (currently available electronic data in
systems of the Department of the Interior dating from approximately 1985 to the
present), as well as ind ividual Indians who, as of the Record Date, had a recorded
or other demonstrable ownership interest in land held in trust or restricted St.'lfiIS,
regardless of the exislCnce of an JIM Account and regardless of the proceeds, if
any, generated from the Land. The Trust Administration Class does not include
beneficiaries, deceased as of the Record Date, but does include the estate of any
deceased beneficiary whose liM Accounts or other trust assets had been open in
probate as of the Record Date. The estate of any Trust Administrat ion Class
Member who dies after the Record Date but before distribution is included in the
Trust Administration Class.
h is further
ORDERED that the fo llowing attorneys are appointed Class Counsel for the Tru~t
Administration Class: Dennis M. Gingold, Thaddeus Holt, and attorneys from Kilpatrick
Stockton, LLP - Elliott H. Levitas, Keith Harper, William Dorris, David C. Smith, Adam
Charnes, and Justin Guilder. It is further
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US2OOl2161l5-0 ,
Case 1:96-cv-01285-TFH Document 3670 Filed 12/21/10 Page 3 of 3
ORDERED that the following individual Indians are approved as Class Representatives
for the Trust Administration Class: Elouise Pepion Cabell, James Louis LaRose, Thomas
Maulson, and Penny Cleghorn.
IT IS SO ORDERED. /
This~ day of December 2010.
lJSrootll61l}ot I
THOMAS F. HOGAN
UN ITED STATES D1STRI
J