GREENWOOD v. USA, No. 1:2010cv00015 - Document 95 (Fed. Cl. 2017)
Court Description: REPORTED OPINION granting final approval of proposed settlement agreement; granting in part and denying in part 76 Motion for Attorney Fees. The Clerk is directed to enter judgment. Joint status report with a final proposed judgment for attorneys' fees and costs due by 4/24/2017. Signed by Senior Judge Nancy B. Firestone. (Attachments: # 1 Exhibit Settlement Agreement)(ay) Copy to parties.
Download PDF
<![CDATA[
GREENWOOD v. USA Doc. 95 Att. 1 Case 1:10-cv-00015-NBF Document 81-2 Filed 12/01/16 Page 1 of 9 EXHIBIT B IN THE UNITED STATES COURT OF FEDERAL CLAIMS ROSALIE GREENWOOD, et al., Individually and As Representatives of a Class of Similarly Situated Individuals, Plaintiffs, v. THE UNITED STATES OF AMERICA, Defendant. ) ) ) ) ) ) ) ) ) ) ) No. 10-15 L Judge Nancy B. Firestone JOINT COMPROMISE SETTLEMENT AGREEMENT BETWEEN PLAINTIFFS AND THE UNITED STATES WHEREAS, the Plaintiffs identified in the original and amended complaints (collectively “Complaint”) and the Class Members who joined this action (collectively “Plaintiffs”) brought claims pursuant to the Tucker Act, 28 U.S.C. § 1491(a), the National Trails System Act, 16 U.S.C. § 1247(d) (“Trails Act”), and the Fifth Amendment to the Constitution, seeking just compensation for the alleged taking of their ownership interests in a railroad corridor located between milepost 397.78 in Hoxie and milepost 402.28 in Walport, as well as the 2.20-mile Walnut Ridge Industrial Spur, all in Lawrence County, Arkansas (“the subject corridor”); WHEREAS, the United States answered Plaintiffs’ Complaint, denying that it had taken Plaintiffs’ property; WHEREAS, on May 24, 2004, the Surface Transportation Board (“STB”) issued a decision and notice of interim trail use for the subject corridor in accordance with Section 8(d) of the Trails Act, 16 U.S.C. § 1247(d) (“the STB decision”); WHEREAS, in accordance with the STB decision, on or about May 17, 2005, the Burlington Northern Santa Fe Company, pursuant to a Trail Use Agreement entered into with Dockets.Justia.com Case 1:10-cv-00015-NBF Document 81-2 Filed 12/01/16 Page 2 of 9 Lawrence County, Arkansas, conveyed the subject corridor to Lawrence County for railbanking and interim trail use; WHEREAS, the parties have engaged in good faith settlement negotiations in an effort to avoid the time and expense of further litigation; AND WHEREAS, Rule 23(e) of the Rules of the United States Court of Federal Claims requires that the Court approve proposals to settle the claims in a certified class action under procedures specified in that rule and, following notice to the class and a hearing, the Court has approved the settlement by its order of [date]; NOW THEREFORE, it is stipulated and agreed to by Plaintiffs and the United States as follows: 1. The alleged date of taking in this case, which is the date on which Plaintiffs’ claims against the United States accrued, is May 24, 2004. 2. This Joint Compromise Settlement Agreement contains the complete and total terms and conditions of the parties’ agreement, and encompasses all existing claims, disputed issues and/or demands for money damages or other relief – not including attorneys’ fees, and other litigation expenses – that were asserted or could have been asserted in this action or in any other judicial proceeding, against the United States or any department, agency, or officer thereof, by Plaintiffs relating to the parcels of land for which compensation was sought in the Complaint. 3. The Plaintiffs identified in Attachment A are or were owners of certain parcels of property situated in Lawrence County, Arkansas on the date of the alleged taking who will receive compensation in settlement of their claims. -2- Case 1:10-cv-00015-NBF Document 81-2 Filed 12/01/16 Page 3 of 9 4. The United States hereby agrees, by way of compromise and settlement, to pay to the Plaintiffs $1,025,595.00. This amount consists of $611,795.00 in principal, and $413,800.00 in interest, calculated at a rate of 4.3 percent, compounded annually, beginning on May 24, 2004 (with the final amount to be determined in accordance with paragraph 6). The amount of principal and interest to be paid for each Plaintiff’s individual claim is specified in Attachment A. The total sum of $1,025,595.00 does not include reimbursement to Plaintiffs for statutory attorneys’ fees and litigation costs under the Uniform Relocation Assistance and Real Property Acquisition Policies Act (“URA”) of 1970, 42 U.S.C. § 4654(c). 5. The amount of statutory attorneys’ fees and litigation costs under the URA has not been resolved. The Plaintiffs’ claims for fees and costs against the United States will be resolved by Court order or further settlement between the Parties. 6. The calculated interest stated in paragraph 4 is the total interest accrued as of August 31, 2016. The parties agree that interest will be recalculated based upon the U.S. Department of the Treasury’s estimated date of actual payment, using the same method of interest computation employed for the estimated interest amount stated in paragraph 4. 7. In accordance and consistent with the terms of this Joint Compromise Settlement Agreement, and in accordance with the Trails Act, 16 U.S.C. § 1247(d), the segments of the railroad corridor that are at issue in this case have been railbanked and are therefore encumbered by an easement that allows the land to be used for interim trail use, for restoration and/or reconstruction of the railroad right of way for future rail service, and for rail service. 8. In consideration of the settlement amount set forth in paragraph 4 and in order to fully and finally resolve all claims of property damages and interest arising out of all matters which -3- Case 1:10-cv-00015-NBF Document 81-2 Filed 12/01/16 Page 4 of 9 the Plaintiffs have asserted or could have asserted in this civil action, Plaintiffs agree to dismiss all claims of property damages and interest with prejudice within 14 days of receipt of payment from the United States pursuant to Court of Federal Claims Rule 41(a)(1)(A)(ii). 9. Plaintiffs understand and acknowledge that this settlement will be submitted by the United States to the Department of the Treasury for payment. Plaintiffs have been informed that the Department of the Treasury requires each Plaintiff receiving a portion of the total settlement to provide their Social Security Number or federal Taxpayer Identification Number prior to processing payment, so that the Department of the Treasury may fulfill its statutory obligations under the Debt Collection Improvement Act of 1996 (31 U.S.C. § 3325(d)). 10. This Joint Compromise Settlement Agreement shall not be construed as (A) an admission by Defendant of any legal or specific monetary liability as to any or all of Plaintiffs’ claims for moneys, attorneys’ fees, litigation costs and other expenses, interest, any other kind of monetary relief or compensation, or any other kind of legal or equitable relief; nor (B) an admission by Plaintiffs of the merits of Defendant’s defenses, claims, or assertions. 11. This Joint Compromise Settlement Agreement shall not be interpreted to constitute a precedent or argument in this or any other case. 12. This Joint Compromise Settlement Agreement shall be binding on the Plaintiffs and the United States, all of their related and affiliated companies and persons, and their successors and assigns. 12. The parties agree that this Joint Compromise Settlement Agreement may be executed in one or more counterparts, each of which shall constitute an original, and all of which, taken -4- Case 1:10-cv-00015-NBF Document 81-2 Filed 12/01/16 Page 5 of 9 together, shall constitute one and the same instrument. Facsimile or scanned signatures transmitted by electronic mail shall have the same effect as original signatures in binding the parties. IN WITNESS THEREOF, this Joint Compromise Settlement Agreement between the Plaintiffs and the United States has been duly executed by their authorized legal representatives. -5- Case 1:10-cv-00015-NBF Document 81-2 Filed 12/01/16 Page 6 of 9 STEWART, WALD & MCCULLEY, L.L.C. JOHN C. CRUDEN Assistant Attorney General Environment & Natural Resources Division DRAFT Steven M. Wald Michael J. Smith 12747 Olive Boulevard, Suite 280 St. Louis, MO 63141 (314) 720-0220 (phone) (314) 889-2925 (fax) wald@swm.legal smith@swm.legal DRAFT Sean C. Duffy Trial Attorney Natural Resources Section P. O. Box 7611 Washington, DC 20044-7611 (202) 305-0445 (phone) (202) 305-0506 (fax) sean.c.duffy@usdoj.gov -and- ATTORNEY OF RECORD FOR DEFENDANT AND AUTHORIZED REPRESENTATIVE OF THE ATTORNEY GENERAL Thomas S. Stewart Elizabeth G. McCulley 2100 Central, Suite 22 Kansas City, MO 64108 Telephone: (816) 303-1500 Facsimile: (816) 527-8068 stewart@swm.legal mcculley@swm.legal Dated: -andBaker Sterchi Cowden & Rice, L.L.C. J. Robert Sears 1010 Market Street, Suite 950 St. Louis, MO 63102-1708 (314) 231-2925 (phone) (314) 231-4875 (fax) sears@bscr-law.com ATTORNEYS FOR PLAINTIFFS Dated: DRAFT -6- DRAFT Case 1:10-cv-00015-NBF Document 81-2 Filed 12/01/16 Page 7 of 9 Attachment A Claimant Alvie & Bonnie Cain, Jr. $ 5,250.00 Archie J. Harden $ 12,450.00 Archie L. Williams, Jr. $ 16,012.50 Aycock Auto World, Inc. $ 13,750.00 Barbara Davidson $ 5,962.50 Bobby L. Jackson $ 21,012.50 Calvin C. & Yvonne D. Ellison $ 4,717.50 City of Walnut Ridge, $ 114,087.50 Conway Inn Corporation $ 11,273.50 Craig G. Williams Farms, Inc. $ 11,842.25 Daniel and Martha Webb $ 5,810.00 Denning Family Trust $ 1,788.50 Donald G. Rorex $ 7,437.50 Donnie and Denise Milgrim $ 4,650.00 E.C. Barton & Company $ 30,600.00 Earl B Sloan, Jr. Revocable Trust $ 16,325.00 Estate of Agnes Parker-Hibbs $ 4,760.00 Estate of Betty Ragsdale 1 Property Damages1 $ 3,605.00 Each Plaintiff listed in Attachment A is also entitled to interest, at a flat rate of 4.3%, between May 24, 2004 and the date of payment. Case 1:10-cv-00015-NBF Document 81-2 Filed 12/01/16 Page 8 of 9 Attachment A Estate of Kenneth and Wanda McEntire $ 20,187.50 Estate of Liberty Pulliam $ 7,125.00 Estate of Mary Jo Higginbotham $ 11,500.00 Estate of Regina Lynn Boggs, f.k.a Warren $ 5,250.00 Estate of William Walter McGhehey $ 3,990.00 Esther J. Presnell Floyd $ 1,750.00 Farm Service Inc. $ 48,300.00 G.A.W. Partnership $ 31,867.50 Imogene Hancock $ 5,250.00 Jerry F. Murphy $ 4,375.00 Jessie L. and Tina Walker $ 6,975.00 John D. and R. Joan Bradley $ 5,110.00 John Eugene Dauck $ 3,375.00 John K. and DeanaHouseholder $ 6,375.00 Kimeth Gardner $ 8,797.50 Leota Warner $ 5,700.00 Neal W. Hall $ 1,750.00 Neil S. Raney Trust $ 1,526.00 Paul and Rhonda Forrester $ 42,525.00 Randy K. Floyd $ 1,750.00 Rankin Investments, LLC $ 6,600.00 Case 1:10-cv-00015-NBF Document 81-2 Filed 12/01/16 Page 9 of 9 Attachment A Robert Lee Higginbotham $ 2,550.00 Robert W. Allen $ 14,025.00 Ronnie L. and Brenda K. Brady $ 2,295.00 Rosalie Greenwood $ 2,550.00 Sara S. Heckle Living Trust $ 17,183.25 Sharon Elliott $ 1,875.00 Ted and Diane Heard $ 4,900.00 Teresa Hibbard $ 5,062.50 The Robert T. and Jewel D. Cathcart Trust $ 12,712.50 Thomas D. and Linda F. Ellis $ 3,916.50 Tommy L. and Barbara A. Rankin $ 4,450.00 Tyrone and Judy Berry $ 8,712.50 Village Creek Drainage District $ 5,625.00 W.R.W. OIL CO., INC. $ 4,525.00 Total $611,795.00
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
