Frequently Asked Questions
BASIC INFORMATION
- What is a Class Action?
- What are Individual Indian Money ("IIM") accounts?
- Who is affected by this Settlement?
- What is this lawsuit about?
- Why is there a Settlement?
WHO IS IN THE SETTLEMENT?
- Who is part of the Settlement?
- Are there exceptions to being included?
- If I never had an IIM account or my IIM account is now inactive or never existed,
does this Settlement affect me? - I'm not sure if I'm included in the Settlement.
THE SETTLEMENT BENEFITS - WHAT YOU GET
- What does the Settlement provide?
- What is fractionated land?
- How much will my payment be if I'm an Accounting Class Member?
- How much will my payment be if I'm a Trust Administration Class Member?
- How will the Accounting/Trust Administration Fund be distributed?
- What happens to any funds left in the Accounting/Trust Administration Fund?
- What is the Trust Land Consolidation Fund?
- How much money can I get from selling my land?
- How can I sell my land?
- What happens to land when owners cannot be located?
- How long will the Trust Land Consolidation Fund continue?
- How will the Indian Education Scholarship Fund work?
- How will the Indian Education Scholarship Fund be administered?
- How does this Settlement affect Indian trust reform?
- Does the Settlement affect my rights or the rights of my tribe to sue the government to get the Black Hills returned?
HOW TO GET A PAYMENT
- How can I get a payment?
- When will I get my payment?
- Can I still file a claim even though the deadline has passed?
REMAINING IN THE SETTLEMENT
- Do I need to do anything to remain in the Settlement?
- What am I giving up as part of the Settlement?
EXCLUDING YOURSELF FROM THE SETTLEMENT
OBJECTING TO OR COMMENTING ON THE SETTLEMENT
- How can I object to or comment on the Settlement?
- What's the difference between objecting to and excluding myself from the Settlement?
THE LAWYERS REPRESENTING YOU
- Do I have a lawyer in the case?
- How will the lawyers be paid? Do the Class Representatives get paid extra?
THE COURT'S FAIRNESS HEARING
- When and where will the Court decide whether to approve the Settlement?
- Did I have to come to the hearing?
- Was I allowed to speak at the hearing?
APPEALS
- Was an appeal filed?
- What are the reasons for the appeals that were filed?
- When will these appeals be resolved/when will the appeals hearings occur?
GETTING MORE INFORMATION
Helpful Hint: Using the general subject of your question may provide the best search results. For example, enter the word "hearing" in the search box to find information about the Settlement's Fairness Hearing.
BASIC INFORMATION
1. What is a Class Action?
In a Class Action, one or more people called "Class Representatives" sue on behalf of themselves and other people who have similar claims and allegations. All of these people are Plaintiffs.
2. What are Individual Indian Money ("IIM") accounts?
IIM accounts primarily contain money collected by the federal government from farming and grazing leases, timber sales, mining, oil and gas production, and other activities on trust land, as well as certain per capita distributions. The funds in IIM accounts are held in trust by the federal government for the benefit of individual Indians.
3. Who is affected by this Settlement?
The Settlement will affect all Class Members (see Who is part of the Settlement?). Class Members include individual Indian trust beneficiaries, which means those individuals who:
- Had an IIM account anytime from approximately 1985 through September 30, 2009, or
- Had an individual interest in land held in trust or restricted status by the U.S. government as of September 30, 2009.
The estate of a deceased individual described above whose account was open or in probate status as of September 30, 2009 is included. Probate means you have asked a court to transfer ownership of the landowner's property after he or she died.
This Settlement does not relate to certain historical claims or any future claims of Class Members. It does not relate to claims tribes might have against the federal government.
4. What is this lawsuit about?
The Settlement resolves claims that the federal government violated its trust duties to individual Indian trust beneficiaries. The claims fall into three areas:
- Historical Accounting Claims state that the federal government violated its trust duties by not providing a proper historical accounting relating to IIM accounts and other trust assets.
- Trust Administration Claims include:
- Fund Administration Claims state that the federal government violated its trust duties and mismanaged individual Indian trust funds.
- Land Administration Claims state that the federal government violated its trust responsibilities for management of land, oil, natural gas, mineral, timber, grazing, and other resources.
The federal government denies all these claims. It says it has no legal responsibility for these claims and owes nothing to the Class Members.
5. Why is there a Settlement?
The Settlement is an agreement between the Plaintiffs and the federal government. Settlements end lawsuits. This does not mean the Court has ruled in favor of either side. The parties wish to resolve their differences and realize that many Class Members are elderly and dying and need to receive compensation. In addition, large numbers of Class Members currently live in poverty. So, after 14 years of litigation, both sides want to settle the lawsuit so individual Indian trust beneficiaries receive compensation for their claims. The Settlement will also help the federal government reduce future administration expenses and accounting issues. Class Representatives and lawyers representing them believe that the Settlement is reasonable under the circumstances.
WHO IS IN THE SETTLEMENT?
1. Who is part of the Settlement?
The proposed Settlement affects individual Indians across the country, including members of most federally recognized tribes west of the Mississippi River. The Settlement includes two groups or "Classes." An individual may be a member of one or both Classes. Most people included in the Settlement are members of both Classes.
Historical Accounting Class
- Anyone alive on September 30, 2009,
- Who had an open IIM account anytime between October 25, 1994 and September 30, 2009, and
- Whose account had at least one cash transaction (that was not later reversed).
Note to heirs:
- The estate of an IIM account holder who was deceased as of September 30, 2009 is included in the Historical Accounting Class if the IIM account (or its related probate account) was open as of that date.
- The heirs of any Class Member who died after September 30, 2009, but before distribution of any Settlement funds, will receive that Class Member's Settlement payments through probate.
Trust Administration Class
- Anyone alive on September 30, 2009, and who
- Had an IIM account recorded in currently available electronic data in federal government systems ("Electronic Ledger Era") anytime from approximately 1985 to September 30, 2009, or
- Can demonstrate ownership interest in trust land or land in restricted status as of September 30, 2009.
- The estate of any deceased beneficiary whose IIM account was open or whose trust assets had been in probate as reflected in the federal government's records as of September 30, 2009.
Note to heirs:
- The heirs of any Class Member who died after September 30, 2009, but before distribution of any Settlement funds, will receive that Class Member's Settlement payments through probate.
2. Are there exceptions to being included?
The Historical Accounting Class does not include individuals who filed a separate lawsuit before June 10, 1996, against the federal government making a claim for a complete historical accounting.
The Trust Administration Class does not include individuals who filed a separate lawsuit or who were part of a certified class in a class action lawsuit making a Funds Administration Claim or a Land Administration Claim against the federal government before December 10, 2010.
3. If I never had an IIM account or my IIM account is now inactive or never existed,
does this Settlement affect me?
If you are included in the Historical Accounting Class and/or the Trust Administration Class, the settlement could affect you even though your IIM account is inactive or never existed.
If you are NOT currently receiving quarterly or annual IIM account statements and you believe you might be affected, please provide us with the following information so that we may appropriately match you to a Class Member record:
- Name, including former names
- Address, including former addresses
- Social security number
- Date of birth
- IIM account number
- Tribe number
If you do not have all of this information, please provide us with as much as possible to assist us with researching your eligibility.
4. I'm not sure if I'm included in the Settlement.
If you have reviewed the Notice and information available on the website and are not sure whether you are included in one or both or you are unsure if the federal government has your current address, register to participate on this website.
THE SETTLEMENT BENEFITS - WHAT YOU GET
1. What does the Settlement provide?
The Settlement will provide:
- $1.412 billion Accounting/Trust Administration Fund, plus a $100 million Trust Administration Adjustment Fund, plus any earned interest, to pay for Historical Accounting and Trust Administration Claims. This money will also pay for the cost of administering and implementing the Settlement, as well as other expenses.
- $1.9 billion Trust Land Consolidation Fund to purchase "fractionated" individual Indian trust lands. The program will allow individual Indians to get money for land interests divided among numerous owners. Land sales are voluntary. If you sell your land it will be returned to tribal control.
- Up to $60 million for an Indian Education Scholarship Fund to help Native Americans attend college or vocational school. This money will come out of the $1.9 billion Trust Land Consolidation Fund and will be based upon the participation of landowners in selling these fractionated land interests.
More details are in a document called the Settlement Agreement.
2. What is fractionated land?
Fractionated land is a parcel of land that has many owners, often hundreds of owners. Frequently, owners of highly fractionated land receive very little money from that land.
ACCOUNTING/TRUST ADMINISTRATION FUND
3. How much will my payment be if I'm an Accounting Class Member?
Each member of the Historical Accounting Class will receive $1,000. This is a per-person, not a per-account, payment.
4. How much will my payment be if I'm a Trust Administration Class Member?
It depends on how much income you've collected into your IIM account. Each member of the Trust Administration Class will receive a baseline payment of $500. The $100 million in the Trust Administration Adjustment Fund will be used to increase the minimum payment for Trust Administration Class Members. The current estimate is that will raise the minimum payment to Trust Administration Class Members to about $800. Individuals with an IIM account open between 1985 and September 30, 2009 may receive more than $800. This payment is separate from, and in addition to, the $1,000 payment to individuals in the Historical Accounting Class.
The payment calculation uses the sum of your 10 highest years of income in your IIM account to determine your share of the Trust Administration Fund. That Fund is estimated to be $850 million to $1 billion. The exact dollar amount you will get cannot be known with certainty at this time because it is based on (a) the recorded income deposited to your IIM account over a period of time, and (b) the amount of money that will be left in the Accounting/Trust Administration Fund after deducting:
- All of the $1,000 payments to Historical Accounting Class Members, and
- Attorneys' fees, their expenses, including expense reimbursements and possibly incentive fees to Class Representatives and the costs of administering and implementing the Settlement.
Congress has determined that payments to Trust Administration Class Members should be increased for individuals whose payments are calculated to be:
- Zero; or
- Greater than zero (but only if you would have received a smaller Stage 2 payment than Trust Administration Class Members whose payment is calculated to be zero).
For example, if you were supposed to receive a base payment of $500, your payment might be increased to $800. If your neighbor was supposed to receive a base payment of $600, his payment might be increased to $800.
The following are estimated calculations and are in addition to the $1,000 you will receive as a member of the Historical Accounting Class. Your final Trust Administration payment could be more or less.
- If the sum of your 10 highest years of revenue is between $0 and $5,000, you may receive between $800 and $1,250.00.
- If the sum of your 10 highest years of revenue is between $5,000.01 and $15,000, you may receive between $1,250.01 and $2,500.
- If the sum of your 10 highest years of revenue is between $15,000.01 and $30,000, you may receive between $2,500.01 and $5,000.
- If the sum of your 10 highest years of revenue is between $30,000.01 and $75,000, you may receive between $5,000.01 and $12,000.
- If the sum of your 10 highest years of revenue is between $75,000.01 and $750,000, you may receive between $12,000.01 and $125,000.
- If the sum of your 10 highest years of revenue is greater than $750,000.01, you may receive more than $125,000.
If your account shows fewer than ten years of income, a zero dollar amount will be used in the years for which no income has been recorded. Reversed transactions and transfers between an individual's accounts will not be included in that calculation.
5. How will the Accounting/Trust Administration Fund be distributed?
Stage 1 - The $1,000 payments to Historical Accounting Class Members will be distributed shortly after the Settlement is approved and the Court's order becomes final. For those Class Members who cannot be found, their payment will be deposited in a Remainder Account until the Class Member is located and can demonstrate his or her ownership interest. If a Class Member cannot be located prior to the conclusion of the distribution process, his or her funds will be transferred to the Indian Education Scholarship Fund (see How Will the Indian Education Scholarship Fund Work?).
Stage 2 - Payments to Trust Administration Class Members will be distributed after it is determined that substantially all the Trust Administration Class Members have been identified and the payments have been calculated (see How Much Will My Payment Be If I'm a Trust Administration Class Member?).
6. What happens to any funds left in the Accounting/Trust Administration Fund?
After all payments are made, any money that is left over will be contributed to the Indian Education Scholarship Fund (see How Will the Indian Education Scholarship Fund Work?).
TRUST LAND CONSOLIDATION FUND
7. What is the Trust Land Consolidation Fund?
Over time, through generations, Indian trust lands owned by individuals have been fractionated into smaller and smaller undivided ("fractionated") ownership interests. According to government calculations, owners historically have received very little money and the cost to administer the IIM account frequently has been more than what is paid out to individual Indians.
The $1.9 billion Trust Land Consolidation Fund will provide individual Indians with an opportunity to get money for the fractionated land. As an additional incentive for owners to sell their land interests, an amount above the fair-market value will be paid into the Indian Education Scholarship Fund (see How Will the Indian Education Scholarship Fund work?).
The Trust Land Consolidation Fund will be used for four things: (1) to purchase the fractionated land interests, (2) to carry out the Trust Land Consolidation Program, (3) to further Trust Reform efforts, and (4) to set aside up to $60 million for Indian scholarships. At least 85% of the Fund will be used to purchase land. The Department of the Interior will consult with tribes to identify fractionated interests that the Department may want to consider purchasing.
8. How much money can I get from selling my land?
The Department of the Interior will offer fair market value for fractionated trust land.
9. How can I sell my land?
The procedures for selling trust land have not been determined at this point. Once those procedures have been determined, the Department of the Interior will attempt to contact individual Indian trust beneficiaries who own fractionated interests that it wishes to purchase.
10. What happens to land when owners cannot be located?
For fractionated interests that the Department of the Interior wishes to purchase, but whose owners cannot be located, Interior will attempt to find missing Class Members, including through the publication of notice in appropriate newspapers and newsletters for a period of at least six months. Five years after the Settlement is granted final approval, Class Members whose whereabouts are unknown, after diligent efforts have been made by the federal government to locate them, will be assumed to have consented to the transfer of their fractionated interests and their Indian Land Consolidation Funds will be deposited into an IIM account.
11. How long will the Trust Land Consolidation Fund continue?
The Department of the Interior will have up to 10 years from the date the Settlement is granted final approval to purchase the fractionated trust land. Any money remaining in the Land Consolidation Fund after that time will be returned to the U.S. Treasury.
INDIAN EDUCATION SCHOLARSHIP FUND
12. How will the Indian Education Scholarship Fund work?
The Indian Education Scholarship Fund will provide money for Native American students to attend college and vocational school. It will be funded in three ways:
- Up to $60 million will come from the Trust Land Consolidation Fund in connection with the purchase of fractionated interests in trust land. Contributions will be as follows:
| Land Purchase Price | Contribution to Fund |
| Less than $200 | $10 |
| Less than $200-$500 | $25 |
| More than $500 | 5% of the purchase price |
The amount paid into the Indian Education Scholarship Fund is in addition to the fair market value amount that will be paid to the individual Indian landowner.
- Any remaining funds in the Accounting/Trust Administration Fund, after all distributions and costs relating to the Settlement are paid, will be transferred to the Indian Education Scholarship Fund.
- Any payments for Class Members that remain unclaimed for five years after Settlement is approved will be transferred to the Indian Education Scholarship Fund. This transfer will not occur for money being held for minors and adults who are mentally impaired, legally disabled, or otherwise in need of assistance.
13. How will the Indian Education Scholarship Fund be administered?
A non-profit organization chosen by the parties will administer the Indian Education Scholarship Fund. A special board of trustees will oversee the Fund. The trustees will be selected by the Secretary of the Interior, the representative Plaintiffs, as well as the non-profit. The Secretary will select his trustees only after consulting with tribes and after considering names of possible candidates timely offered by tribes.
INDIAN TRUST REFORM
14. How does this Settlement affect Indian trust reform?
Reform of the Indian trust management and accounting system should continue in the future. The Settlement Agreement allows some funds in the Trust Land Consolidation Fund to be used to pay costs related to the work of a commission on Indian trust administration and reform. In the future, Class Members will still be able to bring claims against the federal government for trust reform.
15. Does the Settlement affect my rights or the rights of my tribe to sue the government to get the Black Hills returned?
No. The settlement does not affect your claims seeking the return of the Black Hills. With respect to your land claims, in order to participate in this Settlement you had to own the land on September 30, 2009.
HOW TO GET A PAYMENT
1. How can I get a payment?
To be eligible for any payments under the Settlement, you must be a member of one or both Classes.
Please note that if you are currently receiving IIM account statements you do not need to file a claim form. The claim filing deadline was Friday, September 16, 2011 and applies only to those who do not meet any of the above criteria for Class Membership. If you believe you are a Class Member but are unsure of whether we have your current contact information, please provide us with the following information so that we may appropriately match you to a Class Member record:
- Name, including former names
- Address, including former addresses
- Social security number
- Date of birth
- IIM account number
- Tribe number
If you do not have all of this information, please provide us with as much as possible to assist us with researching your eligibility.
Information and documentation should be sent to:
Indian Trust Settlement
P.O. Box 9577
Dublin, OH 43017-4877
If you are denied participation, there will be an opportunity to submit additional documentation.
2. When will I get my payment?
The Settlement is currently in an appeal period; there are two active appeals. We do not yet know how the Court will respond to these appeals, but we will update this website and provide additional information as it becomes available. Payments will be distributed once all appeals have been resolved by the Court. The two appeals could collectively delay payment by one year or longer. We will update this website and provide more information as it becomes available.
Settlement payments will be distributed in two phases. Historical Class payments will be mailed soon after all appeals have been resolved by the Court. Efforts to identify members of the Trust Administration Class will be ongoing. Individuals will be provided time to request reconsideration of eligibility as a Trust Administration Class Member and appeal a decision of ineligibility. Distribution of Trust Administration Class payments will occur after the Court has granted permission to disburse the funds.
3. Can I still file a claim even though the deadline has passed?
It is important to know that although the claim filing deadline has passed, identified Class Members were not required to file a claim form. Therefore, we are continuing to accept information from eligible Class Members so that we may connect them to Class Member records in our system and ensure that we have the most current contact information for every Class Member. If you think that you may be eligible, please provide us with the following information so that we may confirm whether you are eligible and that any payment to which you may be entitled is sent to the proper address.
- Name, including former names
- Address, including former addresses
- Social security number
- Date of birth
- IIM account number
- Tribe number
REMAINING IN THE SETTLEMENT
1. Do I need to do anything to remain in the Settlement?
If you are a Class Member, you do not have to do anything to remain in the Settlement unless you are not receiving quarterly IIM account statements. If you think that you are an eligible Class Member but do not receive IIM account statements, please provide us with the following information so that we may confirm whether you are eligible and that any payment to which you may be entitled is sent to the proper address.
- Name, including former names
- Address, including former addresses
- Social security number
- Date of birth
- IIM account number
- Tribe number
2. What am I giving up as part of the Settlement?
If the Settlement becomes final, you will give up your right to sue the federal government for the claims being resolved by this Settlement. The specific claims you are giving up against the federal government are described in Section A, paragraphs 14, 15, and 21 of the Settlement Agreement. You will be "releasing" the federal government and all related people as described in Section I of the Settlement Agreement.
If you did not receive an IIM account statement for 2009, you may request your IIM account balance as of September 30, 2009 by calling 888-678-6836. If you request your IIM account balance, you are agreeing to the balance provided by Interior unless you excluded yourself from the Settlement (see Excluding Yourself From the Settlement).
The Settlement Agreement describes the released claims with specific descriptions, so read it carefully. If you have any questions, you can talk to Class Counsel for free or you can talk to your own lawyer at your own expense.
EXCLUDING YOURSELF FROM THE SETTLEMENT
1. What if I don't want to be in the Settlement?
The dealine to exclude yourself from the Trust Administration Class was April 20, 2011
By law, you cannot exclude yourself from the Historical Accounting Class, if you are a member. You could only have excluded yourself from the Trust Administration Class. If you didn't want to be in that part of the Settlement, you must have taken steps to exclude yourself. This is sometimes called "opting out." By excluding yourself, you keep the right to file your own lawsuit. Or you can join any other person who opted out and bring a separate lawsuit against the federal government on any Trust Fund Administration or Land Administration Claims that you may have.
If you chose to exclude yourself from the Trust Administration Class,
- You will not receive any money for your Fund Administration and Land Administration Claims.
- You will not be bound by the Court's ruling and will keep your right to sue the federal government for these Claims.
- You cannot object to or comment on this aspect of the Settlement as far as it concerns the Trust Administration Class.
If you are a member of the Historical Accounting Class:
- You cannot exclude yourself.
- If the Court approves the Settlement, you will not be able to sue the federal government about the Historical Accounting Claims.
- You will receive a $1,000 payment.
- You can object to and/or comment on the terms of the Settlement.
2. How do I get out of the Trust Administration Class?
The deadline to exclude yourself from the Trust Administration Class was April 20, 2011
If you excluded yourself, please note that the share of money you would have received if you had stayed in the Trust Administration Class will be removed from the $1.512 billion Accounting/Trust Administration Fund and given back to the federal government.
OBJECTING TO OR COMMENTING ON THE SETTLEMENT
1. How can I object to or comment on the Settlement?
Objections or comments on the Settlement must have been mailed postmarked no later than April 20, 2011
2. What's the difference between objecting to and excluding myself from the Settlement?
You object to the Settlement when you disagree with some part of it but you wish to remain a Class Member. An objection allows the Court to consider your views. On the other hand, exclusion or "opting out" means that you do not want to be part of the Trust Administration Class or share in the benefits of that part of the Settlement. Once excluded, you lose any right to object to any part of the Settlement that relates to the Trust Fund Administration Claims or the Land Administration Claims, because those parts of the case no longer affect you. If you excluded yourself, you are free to bring your own lawsuit for those claims.
THE LAWYERS REPRESENTING YOU
1. Do I have a lawyer in the case?
Yes. The Court has appointed lawyers to represent you and other Class Members as "Class Counsel," including:
| Dennis Gingold 607 14th Street NW, Suite 900 Washington, DC 20005-2018 |
Keith Harper Kilpatrick Townsend & Stockton LLP 607 14th Street NW, Suite 900 Washington, DC 20005-2018 |
You will not be charged personally for these lawyers. If you want to be represented by another lawyer, you may hire one to appear in Court for you at your own personal expense.
2. How will the lawyers be paid? Do the Class Representatives get paid extra?
The amount of attorneys' fees, expenses and costs to be paid to Class Counsel was decided by the Court and announced orally during the Fairness Hearing which occurred on June 20, 2011.
The Court considered the following factors: 1) the results obtained for the Class Members; 2) the fact that the majority of Class Members, 99 percent, lodged no objections to the Settlement; 3) the complexity of the litigation; 4) the duration of the litigation; 5) the risk Class Counsel took in pursuing the case; 6) the amount of attorneys' fees sufficient to encourage lawyers to take similar cases; and 7) the percentage of the common fund awarded as attorneys' fees in similarly sized settlements. The Court held that attorneys' fees, expenses and costs are to be awarded to Class Counsel in the amount of $99 million, which the Court further held was "reasonable and appropriate." This amount represents 7.1% of the common fund, which the Court held was the
The Court further ordered that $13,616,250.84 of the $99 million in attorneys' fees, expenses and costs be withheld pending determination of outstanding issues being reviewed by the Court.
The amount awarded as attorneys' fees, expenses and costs will be paid from the Accounting/Trust Administration Fund.
During the Fairness Hearing, the Court also considered Class Counsel's request for incentive awards for the Class Representatives. The Court considered the following factors: 1) the level of participation and decision making authority exercised by the Class Representatives; 2) the level of communication with the Class Members; 3) the amount of time and effort spent pursuing the case; 4) the risks undertaken by the Class Representatives; 5) the results obtained on behalf of the Class Members; and 6) the personal sums of money expended by the Class Representatives.
The Court held the following incentive awards and expense reimbursements are to be awarded to the Class Representatives as follows:
| Elouise Pepion Cobell James Louis LaRose Thomas Maulson Penny Cleghorn |
$2,000,000.00 $ 200,000.00 $ 150,000.00 $ 150,000.00 |
Additional information regarding the Court's award of attorneys' fees, expenses and costs and incentive awards can be located on the Court Documents page.
THE COURT'S FAIRNESS HEARING
1. When and where will the Court decide whether to approve the Settlement?
The Court held the Fairness Hearing June 20, 2011, at the United States District Court for the District of Columbia, 333 Constitution Avenue NW, Washington, DC.
The United States District Court for the District of Columbia granted Final Approval for the Indian Trust Settlement orally at the Fairness Hearing. You can review a copy of the Final Judgment, the Order Granting Final Approval to Settlement, and the Fairness Hearing Transcript on this website in Court Documents.
The Settlement is currently in an appeal period; the Settlement will become final after all appeals have been resolved by the Court. There are two active appeals pending. We do not yet know how the Court will respond to these appeals, but we will update this website and provide additional information as it becomes available.
2. Did I have to come to the hearing?
No, you did not have to come to the hearing.
3. Was I allowed to speak at the hearing?
Yes. You could have asked the Court for permission to speak at the Fairness Hearing, provided you submitted a Notice of Intent to Appear and Speak at the Fairness Hearing no later than April 20, 2011.
APPEALS
1. Was an appeal filed?
There are two active appeals. The first was filed by Kimberly Craven on August 6, 2011. The other is a consolidated Appeal of Carol Eve Good Bear, Charles Columbe, and Mary Aurelia Johns who are being represented by David C. Harrison. This was filed on September 30, 2011. The Settlement will become final after all appeals have been resolved by the Court; these appeals could collectively delay payment by one year or longer. We will update this website and provide additional information as it becomes available.
2. What are the reasons for the appeals that were filed?
The individuals who have filed appeals wish to terminate the Settlement.
The Notice of Appeal filed August 6, 2011 was filed by one of the objectors who appeared at the Fairness Hearing on June 20th. The objector is Kimberly Craven and her objections are referred to and answered in Plaintiff's Response to Objections to Settlement under the Court Documents tab on this website. She is referred to as objector 52.
The three appeals filed on September 30, 2011 have been consolidated in accordance with the Order to Consolidate Appeals, which requested that initial appeal documents be filed by November 16, 2011. These documents have been filed and the Court will soon set a timeline for the required briefs. You may access the documents filed with the Court directly as the Court updates its docket, which is available to the public.
3. When will these appeals be resolved/when will the appeals hearings occur?
On September 19, 2011, the Court granted approval of a Consent Motion to Expedite and Unopposed Motion for Separate Appendices. This Order established an abbreviated timeline for the appeal reply briefs to be filed for the August 6, 2011 appeal. The last deadline established in that timeline is January 6, 2012. The Court has scheduled a hearing for February 16, 2012 to hear the oral arguments in the August 6, 2011 appeal. The Order Regarding Schedule for Oral Arguments may be viewed on the Court Documents tab on this website.
On January 4, 2012, the Court issued an order scheduling oral arguments for the second consolidated appeal. This hearing will take place on May 15, 2012. Payments will be distributed once all appeals have been resolved.
GETTING MORE INFORMATION
1. How do I get more information?
This website and the Detailed Notice summarizes the proposed Settlement. More details are in the Settlement Agreement. You may also write with questions to Indian Trust Settlement, P.O. Box 9577, Dublin, OH 43017-4877. You can also call the toll-free number, 1-800-961-6109, or email Info@IndianTrust.com.
