Cobell Lawsuit & Settlement

Reply for Kimberly Craven's Cobell appeal due September 21

A petition to review the $3.4 billion Cobell trust fund settlement is moving with the U.S. Supreme Court.

Kimberly Craven, a member of the Sisseton-Wahpeton Oyate in South Dakota, lost her challenge to the settlement before the D.C Circuit Court of Appeals on May 23. She filed a timely petition with the Supreme Court on August 20.

A response from the Obama administration and the Cobell plaintiffs is due September 21, according to Docket No. 12-234. Extensions are possible, which will delay consideration of the petition.

Once the response is received, the Supreme Court will distribute all of the filings to the justices within 10 days, according to Rule 15. Craven will have an opportunity to submit a reply but it won't affect the deadline.

The date for the conference to review the petition will be set according to the Case Distribution Schedule for the Supreme Court's October 2012 term. Barring any extensions, it looks like this might happen sometime in October, raising the possibility that payments could go out in time for the holiday season if the petition is rejected.

The schedule, however, could be affected if a second group of Indian beneficiaries proceeds with an appeal. A petition -- if any -- is due September 19, according to Docket No. 12A149.

Get the Story:
U.S. SC asked to hear case over Native American settlement (Legal Newsline 8/23)

DC Circuit Decision:
Cobell v. Salazar (May 22, 2012)

Related Stories:
Kimberly Craven appeal delays $3.4B trust settlement again (8/23)
Cobell critic asks Supreme Court to review $3.4B settlement (8/20)
Native Sun News: Cobell trust fund settlement moves forward (8/15)