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04-2227 - Burlington Northern v. Vaughn, et al


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04-2227 - Burlington Northern v. Vaughn, et al
March 11, 2008
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ORDER granting 34 Motion for continuance of status conference: Status Conference reset for 4/23/2008 04:00 PM before Judge Stephen M McNamee. Signed by Judge Stephen M McNamee on 03/11/08.(DNH)
August 5, 2008
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ORDER granting 41 the parties' Consent Motion to Intervention of Hualapai Tribe. The Hualapai Tribe shall be added as a party defendant in this action. Signed by Judge Stephen M McNamee on 8/4/08.(KMG)
August 7, 2008
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CONSENT DECREE - The Tribe's motion to intervene in this action is granted (See Dkt. 44.) The obligations of the parties shall be as specified in the Agreement. This Court shall retain jurisdiction of this action to enforce the terms of the Agreement. Consistent with Article XVI of the Hualapai Constitution, the Tribe expressly waives its sovereign immunity for the purposes of enforcement of the Agreement and this Consent Decree. In the event of any dispute arising under the Agreement, neither party will take any action without first initiating mandatory mediation. Either party may initiate the mediation process through a written request to the other. BNSF and the Tribe will seek to agree on a mediator within 60 days. If they cannot do so, one or both may apply to this Court and this Court will appoint a mediator. If the mediation is not successful within 90 days after agreement on or appointment of a mediator, either party may seek to enforce the terms of the Consent Decree and Agreement in this Court. This Consent Decree shall be binding upon the parties hereto and their respective successors and assigns, if any. Chairman Charles Vaughn is dismissed from this lawsuit. Signed by Judge Stephen M McNamee on 8/7/08. (Attachments: # (1) Final Settlement Agreement and Release)(KMG)