Judge Robertson Plans Course of Action to Conclude Lawsuit

After Judge Robertson filed his findings on Jan. 30, 2008, that an adequate accounting of the Individual Indian Money trust is impossible, he ordered a hearing be scheduled for the purpose of discussing an appropriate remedy. Robertson held that hearing on March 5, 2008.

When the March 5 hearing opened, Robertson listed three aspects he expected to be discussed in determining a remedy: jurisdiction, equitable disgorgement*, and money. After listening to the remarks of counsel for each side he presented the following calendar:

March 19 – Plantiff to file a brief to support their position on equitable disgorgement/restitution.

April 9 – Defendant responsds to the plaintiff's brief

April 21 -- Plaintiff replies to the defendant's response

April 28 -- Status conference/hearing (starts at 10 a.m.)

June 9 -- Trial (if necessary)

The judge concluded that he expects this case will be resolved before the end of summer.

*Disgorgement is defined as a repayment or giving up of ill-gotten gains. It is a remedy and not a punishment.