Southern Ute Indian Tribe v. Leavitt

HENRY, Chief Judge.

In litigation arising from the Secretary of Health and Human Services’s (“HHS”) decision not to enter into a self-determination contract with the Southern Ute Indian Tribe, the district court issued two operative orders: the first order determined that the HHS decision was unlawful, granted summary judgment to the Tribe, and ordered the Tribe to prepare a form of an order for injunctive relief for HHS approval. The parties could not reach an agreement, which resulted in continued litigation and culminated in the district court’s second order, which found in favor of the HHS…