Eastern Shawnee Tribe v. United States

82 Fed. Cl. 322, 2008 U.S. Claims LEXIS 180, 2008 WL 2554943
CourtUnited States Court of Federal Claims
DecidedJune 23, 2008
DocketNo. 06-917
StatusPublished
Cited by13 cases

This text of 82 Fed. Cl. 322 (Eastern Shawnee Tribe v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Eastern Shawnee Tribe v. United States, 82 Fed. Cl. 322, 2008 U.S. Claims LEXIS 180, 2008 WL 2554943 (uscfc 2008).

Opinion

OPINION AND ORDER

LETTOW, Judge.

On December 28, 2006, the Eastern Shawnee Tribe of Oklahoma (“Eastern Shawnee” or “plaintiff’), a federally recognized Indian tribe, filed a complaint in this court (“C.F.C. Compl.”) seeking damages for the United States’ alleged breach of its fiduciary duties as trustee of Eastern Shawnee’s assets and property. C.F.C. Compl. 111. Eight days earlier, on December 20, 2006, Eastern Shawnee had filed a complaint in the United States District Court for the District of Columbia against the Secretaries of the Interior and the Treasury and the Special Trustee for American Indians, seeking an accounting and reconciliation of its trust funds as well as injunctive and equitable relief related to the government’s trust duties. See Complaint, Eastern Shawnee Tribe of Oklahoma v. Kempthorne, No. 1:06-CV-2162, 2006 WL 5127256 (D.D.C. filed Dee. 20, 2006) (“D.D.C.Compl.”). Because of the potential overlap in these two actions, this court issued an order on January 28, 2008, requesting that plaintiff show cause why this case should not be dismissed in light of 28 U.S.C. § 1500. That statute in essence bars this court from exercising jurisdiction over a claim if the same claim was already pending in another court. See Keene Corp. v. United States, 508 U.S. 200, 113 S.Ct. 2035, 124 L.Ed.2d 118 (1993); Loveladies Harbor, Inc. v. United States, 27 F.3d 1545 (Fed.Cir.1994) (en banc).1 The parties have responded with briefs in which plaintiff supports jurisdiction and defendant argues that the case must be dismissed on jurisdictional grounds. See Pl.’s Resp. to Order to Show Cause (“Pl.’s Resp.”) at 4-8; Def.’s Response In Support of Order to Show Cause (“Def.’s Resp.”) at 1. A hearing was held on June 10, 2008, and this jurisdictional controversy is now ready for disposition.

[324]*324BACKGROUND2

Eastern Shawnee is recognized by the United States as a sovereign Indian tribe. The government holds and administers trust funds for the tribe, and it manages or oversees the management of natural resources located on tribal lands. D.D.C. Compl. Hfl 8-9; C.F.C. Compl. 111111-16. In 1994, Congress enacted the American Indian Trust Fund Management Reform Act, Pub.L. No. 103-412, 108 Stat. 4239 (Oct. 25, 1994) (codified at 25 U.S.C. §§ 4001-61), specifying, among other things, that the Secretary of the Interior “shall account for the daily and annual balance of all funds held in trust by the United States for the benefit of an Indian Tribe or an individual Indian which are deposited or invested pursuant to the Act of June 24, 1938 (25 U.S.C. [§ ] 162).” 25 U.S.C. § 4011(a). In addition, the Secretary was obliged to prepare “a report identifying for each tribal trust fund account for which the Secretary is responsible a balance reconciled as of September 30, 1995.” 25 U.S.C. § 4044. To meet these statutory requirements, in 1996 the government retained the accounting firm of Arthur Andersen LLP to prepare and issue an accounting report to plaintiff. C.F.C. Compl. K 28. That report was issued in due course, but Eastern Shawnee contests the adequacy of the report. Id.; Hr’g Tr. 27:1 to 27:5 (June 10, 2008).3

Both complaints set forth a variety of alleged breaches by the government of fiduciary duties and mismanagement of plaintiffs trust corpus. See D.D.C. Compl. 1IH18-21; C.F.C. Compl. ITU 22-24. The allegations include: failure to provide Eastern Shawnee with a full, accurate, and timely accounting of its trust funds; failure to maintain accurate books and records of the plaintiffs account; failure to disclose known losses; failure or refusal to reimburse trust beneficiaries for losses to their trust funds; and failure properly to create certain trust accounts and deposit the appropriate monies in those accounts. See D.D.C. Compl. H1121, 29; C.F.C. Compl. 111122-23.

The primary difference in the two contemporaneously filed complaints is that the complaint in district court focuses on equitable relief while in this court plaintiff seeks monetary damages. Eastern Shawnee asks the district court for a declaration that the defendants have not provided an adequate accounting of the plaintiffs trust funds, a declaration that this failure has deprived the plaintiff of the ability to identify whether it has suffered a loss and specific claims it might have, an injunction requiring the defendants to produce a complete, accurate, and up-to-date accounting, a judicial order preserving any claims that accounting might reveal, an order directing the defendants to manage all of the plaintiffs current and future trust funds in full compliance with all applicable law and with their duties as guardian and trustee, an award for cost of suit, and “such other relief as may be just and equitable.” D.D.C. Compl. Prayer for Relief 11H1-7. In this court, Eastern Shawnee seeks consequential damages, incidental damages, compound and pre-judgment interest, costs of suit, attorneys’ fees, and “[a]ny and all other relief or damages as permitted by this [cjourt or applicable law.” C.F.C. Compl. Prayer for Relief, H1f 1-7.

The complaint in this court explicitly (and commendably) acknowledges the link between the two cases:

Plaintiff has commenced an action against the Secretary of the Interior, the Secretary of the Treasury and the Special Trustee for Indian Affairs, in the United States District court for the District of Columbia, [Eastern Shawnee Tribe of Oklahoma] v. Kempthorne, et al. To the extent that [325]*325such an accounting to which the Plaintiff is entitled[,] determines or otherwise reveals that the Plaintiff has one or more additional monetary claims against the Defendant, the Plaintiff seeks damages on those claims in this action.

C.F.C. Compl. ¶ 31; see also C.F.C. Compl. ¶ 28 (“[B]efore filing this action, the Plaintiff filed a complaint in the United States District Court for the District of Columbia demanding a full accounting of its trust accounts, trust assets and trust property.”) Given this understanding of a direct relationship between the two cases, the jurisdictional arguments by the parties focus on whether the operative facts underpinning the claims in the two cases are divergent enough that two different claims are involved, and, alternatively, whether the complaints seek sufficiently different relief that Section 1500 should not be invoked to bar this court’s jurisdiction over Eastern Shawnee’s claims in this court.

STANDARDS FOR DECISION

The jurisdiction of a federal court must be established as a threshold matter before the court may proceed with the merits of any action. Steel Co. v. Citizens for a Better Env't, 523 U.S. 83, 88-89, 118 S.Ct. 1003, 140 L.Ed.2d 210 (1998); see Rule 12(b)(1) of the Rules of the Court of Federal Claims (“RCFC”).

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Cite This Page — Counsel Stack

Bluebook (online)
82 Fed. Cl. 322, 2008 U.S. Claims LEXIS 180, 2008 WL 2554943, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eastern-shawnee-tribe-v-united-states-uscfc-2008.