Salt River Pima-Maricopa Indian Community v. United States

6 Cl. Ct. 73, 1984 U.S. Claims LEXIS 1329
CourtUnited States Court of Claims
DecidedAugust 21, 1984
DocketNo. 291
StatusPublished

This text of 6 Cl. Ct. 73 (Salt River Pima-Maricopa Indian Community v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Salt River Pima-Maricopa Indian Community v. United States, 6 Cl. Ct. 73, 1984 U.S. Claims LEXIS 1329 (cc 1984).

Opinion

MEMORANDUM OF DECISION

HARKINS, Judge.

This is the termination phase of an ancient Indian Claim proceeding in which the last remaining business is concerned with the allocation of fees for legal services between competing claimants. The case began in the Indian Claims Commission (Commission) on August 10, 1951, by petition on behalf of plaintiffs, the Salt River Pima-Maricopa Indian Community (SRIC), under the Act of August 13, 1946. (60 Stat. 1049, 25 U.S.C. §§ 70 et seq. (1976). Pursuant to the Act of October 8, 1976 (90 Stat. 1990, 25 U.S.C. § 70v (1976)), the case was transferred to the United States Court of Claims by Commission order dated December 15, 1976.

By September 30, 1978, most of SRIC’s claims had been resolved, by stipulation or legislation, apart from this case. On June 16, 1982, the parties filed a stipulation for entry of final judgment in settlement of the sole remaining claim, and on July 2, 1982, the Court of Claims entered judgment in favor of SRIC in the amount of $13 million.

On July 2, 1982, Philip J. Shea, the last attorney of record for plaintiffs, filed a motion for determination of attorneys fees on behalf of his firm and on behalf of a preceding attorney of record, Z. Simpson Cox. On September 7, 1982, Landon Gerald Dowdey moved to intervene on behalf of the estate of James E. Curry, deceased. James E. Curry had been the first chief attorney and attorney of record for the SRIC.

The Court of Claims, by order on September 24, 1982 (231 Ct.Cl. 1037), allowed the motion to intervene by the estate of James E. Curry. In the order, the Court of Claims determined that, for the legal services that had been provided to the SRIC, a fee of 10% of the judgment was fair and reasonable. The court approved the award of 7.5% of the judgment ($975,000) as attorneys fees to the final attorney of record, and it determined that 2.5% of the judgment was fair and reasonable for the remaining legal services. The court, however, declined to allocate the 2.5% portion of the judgment ($325,000) between the other claimants, and remanded the case to the Trial Division of the Court of Claims for further proceedings to identify the attorneys entitled to that portion of the fee. On October 1, 1982, the case was transferred to the United States Claims Court pursuant to section 403(d) of the Federal Courts Improvement Act of 1982. 28 U.S.C. § 171, note (1982).

In this court, the intervenor (Curry Estate) and the respondent in intervention (Cox) were unable to negotiate a settlement that would resolve their respective claims. In further proceedings, counsel on March 23, 1983, and August 15, 1983, filed voluminous documentary materials to support their factual contentions. The intervenor notified, pursuant to RUSCC 14(a) and (c), all known potential claimants to a share of the fee. On February 22, 1983, Richard B. Wilks and Philip J. Shea advised that they have been fully compensated for all servie-[75]*75es performed in this case and made no claim for any part of the undistributed attorneys fees. The other potential claimants who had been notified made no appearance; it is determined that the only interests now eligible to submit a claim for attorney fees in docket No. 291 are the Curry Estate and Cox.

Neither party challenges the authenticity of the documentary exhibits submitted by their opponent. Counsel have agreed that proceedings to elicit testimony are unnecessary and that final determination of the allocation of the remaining 2.5% of the judgment for attorney services may be made on the basis of briefs and supporting documentation.

FACTS

The attorneys fee to be allocated in this proceeding is for legal services that were provided to the SRIC before July 18, 1977. On that date, the SRIC employed Royal D. Marks, Philip J. Shea, and Richard B. Wilks to represent it in its trust accounting claim against the United States in docket No. 291 (Attorney Contract, BIA symbol H50C1420-0353). Legal services performed after July 18, 1977, in docket No. 291 were performed solely by Marks, Shea and Wilks and 7.5% of the judgment has been dispersed to them in compensation for such services.

In order to assess the quality and extent of legal services for the SRIC that were performed prior to July 18, 1977, it is appropriate to examine the course of the SRIC’s claims prior to that date. There is no dispute that fair and reasonable compensation for the pre-July 18, 1977, services in toto is 2.5% of the judgment. The Court of Claims so found in its September 24, 1982, order, and the SRIC so agreed in a resolution of its council on July 13,1977 (Res. No. SR 1103-77), and in contracts with its attorneys on July 18, 1977 (BIA symbols 1-1-Ind-42193 and H50C1420-0353).

All of the pre-July 18, 1977, legal services in the presentation of SRIC’s claims against the United States in docket No. 291 were performed under an attorney contract that bore the BIA symbol No. I-l-Ind-42193 (No. 42193). As is typical of Indian Claims proceedings, docket No. 291 contin-. ued for decades. During the course of the claim proceedings in docket No. 291, contract No. 42193 underwent a succession of expirations and reinstatements, with changes in attorneys and in their responsibilities to the SRIC.

The original petition, filed August 10, 1951, set forth two causes of action. Cause of action No. 1 — the Phoenix claim— concerned the grant of a right-of-way in 1916 to the City of Phoenix for a pipeline across the reservation. The petition noted that the SRIC was pursuing a claim against the City of Phoenix for trespass, that one partial defense alleged that the United States had granted to the City some of the necessary consents, permissions and rights-of-way, and that the SRIC sought recovery from the United States .to the extent that it failed to effect an adequate recovery from the City of Phoenix. The petition stated, if the SRIC would obtain a full recovery from, or adequate settlement with, the City of Phoenix, it would dismiss cause of action No. 1, “pending which time it will, if the City approves, hold this cause of action in abeyance and not prosecute it.” In cause of action No. 2 — the accounting claim — the SRIC demanded a fiduciary accounting by the United States for the management of SRIC’s real and personal property from 1848 to August 13, 1946.

On the Phoenix claim, the Commission allowed 19 motions by defendant for time extensions to answer, which extended the time for such answer until July 6, 1956. On August 16, 1956, the United States requested an additional 120-day extension to answer the Phoenix claim, and on August 30, 1956, moved for summary judgment on that claim. SRIC filed a response and objections on March 29,1957, and, on May 13, 1957, the Commission overruled the motion for summary judgment, with defendant allowed to May 31 to move for a more definite statement. Defendant timely filed its motion for a more definite statement, and, on March 24, 1958, the Commission by or[76]*76der extended to October 1, 1958, the time for SRIC to answer defendant’s motion.

No further action was taken in docket No. 291, with respect to the Phoenix claim, until September 28, 1968. During the interval, Royal D. Marks, the general counsel for the SRIC, in direct negotiations with the City of Phoenix settled the Phoenix claim outside docket No.

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