Common use of Case No Clause in Contracts

Case No. 1:96CV01285-JR Class Action Settlement Agreement December 7, 2009 TABLE OF CONTENTS Page BACKGROUND 2 TERMS OF AGREEMENT 6 A. DEFINITIONS 6 B. AMENDED COMPLAINT AND PRELIMINARY APPROVAL 15 C. CLASS NOTICE AND OPT OUT 17 D. MOTION FOR JUDGMENT, FAIRNESS HEARING, AND FINAL APPROVAL 21 E. ACCOUNTING/TRUST ADMINISTRATION FUND 23 F. TRUST LAND CONSOLIDATION FUND 35 G. INDIAN EDUCATION SCHOLARSHIPS 38 H. TAXES AND ELIGIBILITY FOR BENEFITS 42 I. RELEASES 43 J. ATTORNEYS’ FEES 47 K. CLASS REPRESENTATIVES’ INCENTIVE AWARDS 49 L. NO FURTHER MONETARY OBLIGATION 51 M. ADDITIONAL PROVISIONS 52 SIGNATURES. 55 i IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA XXXXXXX XXXXXX COBELL, et al., Plaintiffs, vs. XXX XXXXXXX, Secretary of the Interior, et al., Defendants. ))))))))))) Case No. 1:96CV01285-JR CLASS ACTION SETTLEMENT AGREEMENT This Class Action Settlement Agreement (“Agreement”) is entered into by and between Xxxxxxx Xxxxxx Xxxxxx, Xxxxx Xxxxxxxx, Xxxxxx Xxxxxxx and Xxxxx Xxxxx Xxxxxx (collectively, the “Named Plaintiffs”), on behalf of themselves and members of the Classes of individual Indians defined in this Agreement (collectively, “Plaintiffs”), on the one hand, and Xxx Xxxxxxx, Secretary of the Interior, Xxxxx Xxxxxxxx, Assistant Secretary of the Interior – Indian Affairs, and X. Xxxxxxx Xxxxxxxx, Secretary of the Treasury and their successors in office, all in their official capacities (collectively, “Defendants”). Plaintiffs and Defendants are collectively referenced as the “Parties.” Subject to Court approval as required by Federal Rule of Civil Procedure (“FRCP”) 23, the Parties hereby stipulate and agree that, in consideration of the promises and covenants set forth in this Agreement and upon entry by the Court of a Final Order and Judgment and resolution of any appeals from that Final Order and Judgment, this Action shall be settled and compromised in accordance with the terms of this Agreement. The Parties agree that the Settlement is contingent on the enactment of legislation to authorize or confirm specific aspects of the Settlement as set forth below. If such legislation, which will expressly reference this Agreement, is not enacted on or before the Legislation Enactment Deadline as defined in this Agreement, unless such date is mutually agreed to be extended by the Parties, or is enacted with material changes, the Agreement shall automatically become null and void.