The plaintiffs in the Indian trust fund lawsuit and the Obama administration filed a joint motion for preliminary approval of the $3.4 billion settlement in the case.

The motion says the settlement is in "the best interest of the class members and the United States." It recounts discussions that began in July 2009, followed by the announcement of the deal on December 8, 2009, and ends with Congressional approval of the settlement this month.

As part of the agreement, the plaintiffs agreed to attorneys' fees between $50 million and $99.9 million. But the plaintiffs, in a separate notice, say they are entitled to recover $223 million.

The final decision will be made by Judge Thomas Hogan. If the amount falls between $50 million and $99.9 million, the plaintiffs and the administration agreed not to pursue an appeal on this issue.

The notice also states that lead plaintiff Elouise Cobell is seeking a $2 million incentive payment. Named plaintiff Louis LaRose will seek $200,000; Thomas Maulson is requesting $150,000; and Penny Cleghorn, the daughter of the late named plaintiff Mildred Cleghorn, is asking for $150,000.

The four named plaintiffs also plan to seek $10.5 million to recover the costs associated with pursuing the lawsuit. Such payments are common in class action lawsuits.

Hogan will hold a preliminary approval hearing on December 21 at 2pm in Courtroom 25A of the federal courthouse in Washington, D.C.

Get the Story:
Plaintiffs' Lawyers: Fee Cap in Cobell Suit Conflicts With Law (The Blog of Legal Times 12/14)

Cobell Settlement Documents:
• Agreement | Press Release | Q&A | Audio

Relevant Documents:
• Elouise Cobell | President Obama | DOJ/DOI/USDA | Roll Call
• NCAI | Sen. Dorgan | Sen. Baucus | Rep. Cole | Rep. Pallone

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