Another Fight over Attorneys Fees in Cobell Settlement

Here are the materials in Boyd v. Kilpatrick Townsend & Stockton (D. D.C.):

1-1 D.C. Court Complaint

7 Gingold Motion to Dismiss

11 Kilpatrick Townsend Motion to Dismiss

13 Boyd Motion to Remand

21 Boyd Opposition to Gingold Motion

22 Boyd Opposition to Kilpatrick Motion

25 Gingold Opposition to Motion for Remand

26 Kilpatrick Reply

27 Kilpatrick Opposition to Motion for Remand

28 Gingold Reply

30 Boyd Reply to Gingold Opposition

31 Boyd Reply to Kilpatrick Opposition

32 DCT Order Remanding Case to D.C. Court

An excerpt:

Plaintiff Boyd, president of the National Black Farmers Association, fought for more than two decades to remedy discrimination against minority farmers. See Compl. ¶¶ 1, 10 [Dkt. #1], The facts of this particular case stem from his lobbying efforts on behalf of Native American class members in their discrimination suit against the federal government, Cobell v. Salazar, Civil Action No. 1:96-cv-01285-TFH (D.D.C. Dec. 7, 2009) (“Cobell“). See Compl. ¶ 25. The class members in Cobell were represented by, among others, defendants Gingold and Kilpatrick. Compl. ¶¶ 12-14. In March 2010, plaintiff was asked by John Loving, a government relationship advisor at defendant Kilpatrick, to lobby in support of legislative funding for the Cobell settlement. Compl. ¶¶ 25-26. Plaintiff agreed and continued his lobbying efforts. See Compl. ¶ 31. Later that same month, the House of Representatives passed the Claims Resolution Act of 2010 (“CRA”), an appropriations bill that, if enacted, would provide settlement funds for Cobell class members. Compl. ¶ 30. In June 2010, plaintiff informed defendant Gingold “that he expected to be paid for his efforts to secure funding.” Compl. [3]  ¶ 43. Defendant Gingold promised that “Mr. Boyd would be compensated,” but did not specify “how much and when” plaintiff would be paid. Compl. ¶ 43. The CRA became law in December 2010. Compl. ¶ 4.

On May 6, 2014, plaintiff, a Virginia resident, filed suit against defendants in the D.C. Superior Court alleging unjust enrichment, breach of implied-in-fact contract, and quantum meruit. See generally Compl. On May 27, 2014, defendant Gingold, a Maryland resident, removed the action to this Court, claiming that defendant Kilpatrick, a Virginia resident, had been fraudulently joined to destroy diversity jurisdiction. See generally Notice of Removal [Dkt. #1]