Case 1:18-md-02824-WJ Document 445 Filed 01/21/20 Page 1 of 121
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`UNITED STATES DISTRICT COURT
`DISTRICT OF NEW MEXICO
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`No. 1:18-md-02824 WJ
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`In re: Gold King Mine Release in San Juan County,
`Colorado, on August 5, 2015
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`This Document Relates to:
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`No. 18-cv-00744-WJ-KK
`__________________________________________
`JOE C. ALLEN, JR., CAROL ANAGAL, CHERYL
`ARMENTA, DUANE ASPAAS, LEONTYNE ATCITTY,
`LULA ATCITTY, WILFORD ATSON, HILDA
`BALDWIN, AARON BARBER, DAISY BARBER AND
`LOUISE HENDERSON, PAUL BARBER, ROGER
`BARBER, ALICE BEGAY, ANDY BEGAY, ARLENE
`BEGAY, BERNITA BEGAY, BETTY BEGAY,
`CAROLINE BEGAY, CHARLENE BEGAY,
`ELIZABETH BEGAY, ERIC BEGAY, HELEN BEGAY,
`JACQUELINE L. BEGAY, JACQUELINE S. BEGAY,
`JONAH BEGAY, JUDY BEGAY, MAE BEGAY,
`MARYLITA BEGAY, ROY BEGAY, SANDRA BEGAY,
`VIRGINIA BEGAY, WAYNE BEGAY, TOMMY
`BEGAY, JR., CORLIVIA BEGAYE, ETTA BEGAYE,
`JENATHAN BEGAYE, RICHARD BEGAYE,
`LAURENCE BEKISE, ROBERT BEKISE, DAVID BEN,
`TIMOTHY BEN, RECHELLEDA BENALLIE, DINA
`BENALLY, ERNEST BENALLY, HARRY BENALLY,
`JEANNIE BENALLY, MAX BENALLY, NINA
`BENALLY, PEARLENE BENALLY, ROSE BENALLY,
`STEVE BENALLY, SUSAN BENALLY, WANDA
`BENALLY, LUCINDA Y. BENNALLEY, LARENA
`BENN, LYNALLA BENN, SHIRLEY BIA, PRISCILLA
`BIGMAN, VERNIDA BISSONETTE, LORRAINE
`BLACK, MABLE BLACK, TAYLOR BLACK, TOM
`BLACKHORSE, ANNIE BLUEEYES, SCOTT BRADY,
`ANDREW BREWSTER, DARLENE BRONSTON,
`JANICE “TERRI” BROWN, JACKSON BUNNY, JR.,
`ALBERT BYLILLY, HARRISON CATTLEMAN, JR.,
`SAMMY CHARLEY, WILMA CHARLEY, THOMAS
`CHARLEY, DARRELL CLAH, BENJAMIN CLARK,
`MARY CLARK, TONI CLAW, LAHOMA CLY,
`STELLA CLY, DORIS COOLIDGE, JIMMIE
`COOLIDGE, WILBERT COWBOY, JR., ALFRED
`CURLEY, DON CURLEY, JR., MELVIN CURLEY,
`MARTHA CURTIS, KEE DAN, RACHEL DEE,
`DAVIDSON DEVORE, LUCY DICK, MARLENE
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`

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`Case 1:18-md-02824-WJ Document 445 Filed 01/21/20 Page 2 of 121
`Case 1:18-md-02824-WJ Document 445 Filed 01/21/20 Page 2 of 121
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`DOBEY, ELTON DODGE, SUSIE DODGE, TOMMY
`DOBEY, ELTON DODGE, SUSIE DODGE, TOMMY
`DRAPER, BESSIE DUNCAN, CECIL DUNCAN,
`DRAPER, BESSIE DUNCAN, CECIL DUNCAN,
`THURSTON EDDIE, HERMAN ENOAH, MARY
`THURSTON EDDIE, HERMAN ENOAH, MARY
`ENOAH, VERNESE ESPLAIN, ALLEN E. AND
`ENOAH, VERNESE ESPLAIN, ALLEN E. AND
`BERTHA A. ETSITTY, HURON ETSITTY, RENA
`BERTHA A. ETSITTY, HURON ETSITTY, RENA
`FASTHORSE, JANICE FRANK, SARAH FRANK,
`FASTHORSE, JANICE FRANK, SARAH FRANK,
`GENE FRED, LOREN GARNANEZ, RILEY
`GENE FRED, LOREN GARNANEZ, RILEY
`GARNANEZ, SHALINA GRANDSON, JAMES GRANT,
`GARNANEZ, SHALINA GRANDSON, JAMES GRANT,
`CRYSTAL GREY, REYVETTE GREY, SHAWNA
`CRYSTAL GREY, REYVETTE GREY, SHAWNA
`HAMM, JULIE HARRISON, MARGARET HARRISON
`HAMM, JULIE HARRISON, MARGARET HARRISON
`AND SHERRELL G. MESA, HUBERT HARWOOD,
`AND SHERRELL G. MESA, HUBERT HARWOOD,
`EMERSON AND LORETTA HATATHLEY, ANITA
`EMERSON AND LORETTA HATATHLEY, ANITA
`HAYES, PERRY HAYES, ROBERT HAYES, ROBIN
`HAYES, PERRY HAYES, ROBERT HAYES, ROBIN
`HAYES, WALLACE HAYES, ANNIE HENRY, ELSIE
`HAYES, WALLACE HAYES, ANNIE HENRY, ELSIE
`HENRY, FREDDIE HOBSON, JOANNE HOLLIDAY,
`HENRY, FREDDIE HOBSON, JOANNE HOLLIDAY,
`TOM HORSE, DAISY HOUSER, HELEN HOWARD,
`TOM HORSE, DAISY HOUSER, HELEN HOWARD,
`HERMAN HUNT, IRITA JAMES, GARRY JAY, MARY
`HERMAN HUNT, IRITA JAMES, GARRY JAY, MARY
`AND EDDIE JAY, DANIEL JIM, DARRELL JIM,
`AND EDDIE JAY, DANIEL JIM, DARRELL JIM,
`FANNIE MARIE AND CHARLEY JIM, GENEVA JIM,
`FANNIE MARIE AND CHARLEY JIM, GENEVA JIM,
`JONAH JIM, KYLE JIM, NORMAN JIM, SR., SHEILA
`JONAH JIM, KYLE JIM, NORMAN JIM, SR., SHEILA
`JIM, VIRGINIA JIM, ELSIE JOE, LITA JOE, FRANK
`JIM, VIRGINIA JIM, ELSIE JOE, LITA JOE, FRANK
`JOHN, JR., HERMAN JOHN, ANNE JOHNSON,
`JOHN, JR., HERMAN JOHN, ANNE JOHNSON,
`HARRISON JOHNSON, JESSIE JOHNSON, JEAN
`HARRISON JOHNSON, JESSIE JOHNSON, JEAN
`JONES, LENA J. JONES, RAYMOND JONES, RENITA
`JONES, LENA J. JONES, RAYMOND JONES, RENITA
`T. JONES, THERON JONES AND THE ESTATE OF
`T. JONES, THERON JONES AND THE ESTATE OF
`LEON JONES, WESLEY JONES, LAURA TOM-JONES,
`LEON JONES, WESLEY JONES, LAURA TOM-JONES,
`DARREN KEE, JUANITA KEE, MAX KELLYWOOD,
`DARREN KEE, JUANITA KEE, MAX KELLYWOOD,
`SR., FRANCINE KIEFERT, FLORENCE B. KING,
`SR., FRANCINE KIEFERT, FLORENCE B. KING,
`MARLENA KING, TERRI LAMEMAN-AUSTIN,
`MARLENA KING, TERRI LAMEMAN-AUSTIN,
`HARRY AND GLORIA LANE, ADA LANSING, JOHN
`HARRY AND GLORIA LANE, ADA LANSING, JOHN
`LANSING, ALBERT H. LEE, EMERSON LEE,
`LANSING, ALBERT H. LEE, EMERSON LEE,
`EVELYN M. LEE, LEONARD LEE, SR., MARIE LEE,
`EVELYN M. LEE, LEONARD LEE, SR., MARIE LEE,
`MICHELLE A. LEE, ROSELYN LEE, MICHAEL N.
`MICHELLE A. LEE, ROSELYN LEE, MICHAEL N.
`LITTLE, ROWENA LITTLEHAT, IRENE
`LITTLE, ROWENA LITTLEHAT, IRENE
`LIVINGSTON, CARMELITA LOWE, CYNTHIA
`LIVINGSTON, CARMELITA LOWE, CYNTHIA
`MADISON, MARY ANN MANYGOAT, ESTHER
`MADISON, MARY ANN MANYGOAT, ESTHER
`MARK, MAE MARTIN, GERALD MARYBOY, JAMES
`MARK, MAE MARTIN, GERALD MARYBOY, JAMES
`MASON, BEVERLY MAXWELL, WALLACE
`MASON, BEVERLY MAXWELL, WALLACE
`MCGILBERT, ESTATE OF ROSE MERRITT, ROSINA
`MCGILBERT, ESTATE OF ROSE MERRITT, ROSINA
`T. MERRITT, SHAWN MIKE, RON MILLER, EMMA
`T. MERRITT, SHAWN MIKE, RON MILLER, EMMA
`MITCHELL, LAURA M. MITCHELL, LUCY B.
`MITCHELL, LAURA M. MITCHELL, LUCY B.
`MITCHELL, SYLVIA MITCHELL, MARILYN
`MITCHELL, SYLVIA MITCHELL, MARILYN
`MUSTACHE, ANTHONY NABAHE, BETTY JONES
`MUSTACHE, ANTHONY NABAHE, BETTY JONES
`NAKAI, HARRY S. NAKAI, JIMMY NAKAI, LAVERNE
`NAKAI, HARRY S. NAKAI, JIMMY NAKAI, LAVERNE
`NAKAI, BYRON AND TONITA NELSON, PAULINE D.
`NAKAI, BYRON AND TONITA NELSON, PAULINE D.
`NELSON, RUBY NELSON, RUTH NEZ, ANNIE AND
`NELSON, RUBY NELSON, RUTH NEZ, ANNIE AND
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`2
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`Case 1:18-md-02824-WJ Document 445 Filed 01/21/20 Page 3 of 121
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`RAYMOND OLDMAN, BESSIE S. PELT, HARRY
`PESHLAKAI, SR., THOMAS PETE, RAYMOND
`PETTIGREW, RAMONA PETTIGREW, CHARLES
`PHILLIPS, CHARLES D. PHILLIPS, DOROTHY
`PHILLIPS, MARY J. PHILLIPS, VERNON PHILLIPS,
`WILSON PHILLIPS, SHANDIE PIOCHE, SARAH
`POLICE, ESTHER REDDOOR AND CECILIA
`WALLACE, ELLA REDHOUSE, LUCY RENTZ,
`PHILLIP RENTZ, NELSON ROCKWELL, PERFINA
`ROCKWELL, RONNIE ROSS, THE ESTATE OF
`WAYNE SALTWATER, LARRY B. SAM, BOBBY
`SANDOVAL, LULA SANDOVAL, SUSIE SCOTT,
`RAYMOND G. SELLS, ROGER SHAGGY, ROGER
`SHERMAN, BESSIE SHORTHAIR, DAVID
`SHORTHAIR, WADE SHORTHAIR, CELESTE SILAS,
`ELLA SILAS, MARILYN SILAS, RUBY B. SILAS,
`CHRISTINA SILENTMAN, JAMES SIMPSON, ROGER
`L. SIMPSON, GEORGE L. SISCO, JR., SARAH
`SLOWMAN, ERIC SMALLCANYON, TEDDY
`SMALLCANYON, GARY SMITH, JEROME SMITH,
`ROSE ANN TANNER, BESSIE TESSWOOD, DORA
`TODACHEENE, JERRY TODACHEENE, LEWIS
`TODACHEENE, HERBERT TODACHEENIE, IRENE
`TODACHEENIE, CHARLIE N. TODACHINNIE,
`BERNADINE AND VINCENT TODECHENE,
`DOROTHY TODECHINE, FLORA TODECHINE,
`ROSELYN TOLEDO, HELEN TOM, SARAH A. TONY
`(BENALLY), EVA TSO, JOHN TSO, MARY TSO, IVAN
`TYLER, THOMAS T. TYLER, PHYLLIS VALDEZ,
`ANNA VIGIL, JOHNSON WASHBURN, JR., JOHNSON
`WASHBURN, SR., ROSELYN WATCHMAN,
`CLARENCE D. WESTON, CORNELIA AND DELLA
`WESTON, HAROLD WILLIAMS, LENORA
`WILLIAMS, HERBERT WILLIE, LENA WILLIE,
`RAYMOND G. WILLIE, ESTHER A. YANITO, ALICE
`D. YAZZIE, CALVIN YAZZIE, EARL D. YAZZIE,
`IRVIN YAZZIE, JAY YAZZIE, LORENZO YAZZIE,
`MARIE YAZZIE, SUSIE YAZZIE
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`Plaintiffs,
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`v.
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`UNITED STATES OF AMERICA; ENVIRONMENTAL
`RESTORATION, LLC; KINROSS GOLD CORPORATION;
`KINROSS GOLD U.S.A., INC.; SUNNYSIDE GOLD
`
`Case No. 1:18-cv-00744-WJ
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`3
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`Case 1:18-md-02824-WJ Document 445 Filed 01/21/20 Page 4 of 121
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`CORPORATION; GOLD KING MINES CORPORATION;
`WESTON SOLUTIONS, INC.
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`Defendants.
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`SECOND AMENDED COMPLAINT FOR PERSONAL INJURIES AND DAMAGES
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`Plaintiffs as set forth in the caption above (herein after collectively referred to as
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`“Plaintiffs”) by and through their attorneys of record, Egolf + Ferlic + Martinez + Harwood,
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`LLC, and for their Second Amended Complaint for Personal Injuries and Money Damages,
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`states as follows:
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`INTRODUCTION
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`1.
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`Plaintiffs are members of the Navajo Nation and residents of New Mexico,
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`Colorado, Arizona and Utah. Plaintiffs farm land or raise livestock or both adjacent to the
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`Animas River or San Juan River and depend upon these rivers for irrigation of their crops and
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`livestock.
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`2.
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`On the morning of August 5, 2015, the Defendant United States Environmental
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`Protection Agency (“EPA”) and its contractors caused a blowout of the Gold King Mine while
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`excavating it.
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`3.
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`The blowout caused the release of at least three million gallons of contaminated
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`water into Cement Creek which flows to the Animas and San Juan Rivers. The toxic waste water
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`included dangerous contaminants such as arsenic and lead that were deposited along the Animas
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`and San Juan Rivers.
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`4.
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`5.
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`EPA has conceded it is responsible for the spill and its impacts.
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`Plaintiffs experienced personal and property damage as a result of the negligence
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`of EPA and the other Defendants in their causing of and mishandling of the Gold King Mine
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`spill.
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`4
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`Case 1:18-md-02824-WJ Document 445 Filed 01/21/20 Page 5 of 121
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`6.
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`The Gold King Mine spill contaminated water from the Animas River and/or San
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`Juan River that entered Plaintiffs’ property and contaminated their land and crops.
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`7.
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`The Gold King Mine spill prevented Plaintiffs from using water from the Animas
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`River and/or San Juan River to water their crops and care for their animals. As a result, Plaintiffs
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`were forced to locate alternative water sources at great expense of money, time and labor. Even
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`where Plaintiffs were able to locate alternative water sources, these were inadequate to irrigate
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`crops and Plaintiffs lost all or most of their harvests. In addition, even where Plaintiffs were able
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`to salvage some of their harvest, public stigma resulting from the spill resulted in Plaintiffs being
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`unable to sell their crops and livestock or being forced to sell at vastly reduced prices.
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`8.
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`The Plaintiffs also depend on the San Juan River for household and personal use.
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`As a result of the Gold King Mine spill, Plaintiffs were unable to use the water for drinking,
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`cooking, gardening and bathing and had to purchase and haul water for replacement.
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`9.
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`As members of the Navajo Nation, Plaintiffs have an enormous cultural and
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`spiritual connection to the land and waters of the Animas River and San Juan Rivers. As a result
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`of the spill, Plaintiffs have experienced and continue to experience great spiritual and emotional
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`distress.
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`10.
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`The claims herein are brought against the United States under the Federal Tort
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`Claims Act (“FTCA”), 28 U.S.C. Section 2671 et seq. and 28 USC 1346(b)(1) for money
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`damages as compensation for personal injury and property damage caused by the negligent and
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`wrongful acts and omissions of employees of the United States Government while acting within
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`the scope of their offices and employment, under circumstances where the United States, if a
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`private person, would be liable to the Plaintiffs in accordance with the laws of the State of New
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`Mexico. 28 U.S.C. § 1346(b)(1).
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`5
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`11.
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`Each of the Plaintiffs have submitted a claim to EPA for personal and property
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`damages, in an amount to be determined at trial, arising out of the release.
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`12. More than six months have elapsed since the filing of the Plaintiffs’ individual
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`claims and EPA has not issued a Final Decision on any of the Plaintiffs’ claims.
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`13.
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`Each of the Plaintiffs have exhausted all administrative remedies pursuant to the
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`FTCA and are entitled to proceed with this action in this Court. 28 U.S.C. § 2675(a).
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`14.
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`The New Mexico statute of limitations for negligence claims for injuries to
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`property and for trespass and private nuisance claims is four years. NMSA 1978, § 37-1-4
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`(1880).
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`JURISDICTION AND VENUE
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`15.
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`This Court has jurisdiction over this action pursuant to 28 U.S.C. § 1346(b)
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`because Plaintiffs have brought claims against the United States of America for personal injury
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`and property damage/loss; 28 U.S.C. § 1346(b) provides that the district courts have exclusive
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`jurisdiction of civil actions on such claims.
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`16.
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`This Court has supplemental jurisdiction over Plaintiffs’ claims against
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`Defendants other than the United States pursuant to 28 U.S.C. § 1367 as those claims form part
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`of the same case or controversy.
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`17.
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`This Court also has jurisdiction over Plaintiffs’ claims against Defendants other
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`than the United States pursuant to 28 U.S.C. § 1332(a)(1) as the matter in controversy exceeds
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`the sum or value of $75,000, exclusive of interest and costs, and is between citizens of different
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`states given the fact that no Plaintiffs are citizens of the same state as any Defendants.
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`18.
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`Venue is proper as to the non-federal defendants in the United States District
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`Court for the District of New Mexico under 28 U.S.C. § 1391(b).
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`6
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`19.
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`Under the FTCA, in cases involving tort claims against the United States, venue is
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`proper in the district court where the Plaintiff resides or where the act or omission complained of
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`occurred. 28 U.S.C.§ 1402(b).
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`I.
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`PLAINTIFFS
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`THE PARTIES
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`20.
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`Plaintiffs are all members of the Navajo Nation residing on land adjacent to the
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`San Juan River and which depends on the San Juan River for irrigation. Common to all the
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`Plaintiffs causes of action are damages associated with contaminated water from the Gold King
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`Mine spill entering their land via the San Juan River. Also common to all the Plaintiffs causes of
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`action are damages associated with having to use alternative sources of water for household and
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`personal use. Due to the Gold King Mine spill, Plaintiffs were unable to use water from the San
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`Juan River for drinking, cooking, gardening and bathing and had to purchase and haul water for
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`replacement.
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`21.
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`Joe C. Allen, Jr. is a member of the Navajo Nation residing in Nenahnezad, San
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`Juan County, New Mexico. Plaintiff farms land adjacent to the San Juan River and which
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`depends upon the San Juan River as irrigation. As a result of the Gold King Mine spill, Plaintiff
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`was unable to irrigate his crops and lost most or all of his harvest. Plaintiff submitted a claim to
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`the EPA on or about July 3, 2017 for $80,040.16 in personal injury and property damages arising
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`out of the release. The EPA has not issued a Final Decision on Plaintiff’s claim.
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`22.
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`Carol Anagal is a member of the Navajo Nation residing in Hogback Area,
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`Shiprock, San Juan County, New Mexico. Plaintiff farms and raises livestock on land adjacent to
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`the San Juan River and which depends on the San Juan River for irrigation. As a result of the
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`Gold King Mine spill, Plaintiff was unable to irrigate her crops and lost most or all of her
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`7
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`harvest. Plaintiff also was unable to graze her livestock or let them drink from the river and had
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`to purchase water and feed for them. Plaintiff submitted a claim to the EPA on or before August
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`3, 2017 for personal injury and property damages, in an amount to be determined at trial, arising
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`out of the release. The EPA has not issued a Final Decision on Plaintiff’s claim.
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`23.
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`Cheryl Armenta is a member of the Navajo Nation residing in Mexican Hat, Utah.
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`Plaintiff raises livestock on land adjacent to the San Juan River and which depends on the San
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`Juan River for irrigation. As a result of the Gold King Mine spill, Plaintiff was unable to graze
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`her livestock or let them drink from the river and had to purchase water and feed for them.
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`Plaintiff submitted a claim to the EPA on or before August 3, 2017 for personal injury and
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`property damages, in an amount to be determined at trial, arising out of the release. The EPA has
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`not issued a Final Decision on Plaintiff’s claim.
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`24.
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`Duane Aspaas is a member of the Navajo Nation residing in Shiprock, New
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`Mexico. Plaintiff farms on land adjacent to the San Juan River and which depends on the San
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`Juan River for irrigation. As a result of the Gold King Mine spill, Plaintiff was unable to irrigate
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`his crops and lost most or all of his harvest. Plaintiff submitted a claim to the EPA on or before
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`August 3, 2017 for personal injury and property damages, in an amount to be determined at trial,
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`arising out of the release. The EPA has not issued a Final Decision on Plaintiff’s claim.
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`25.
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`Leontyne Atcitty is a member of the Navajo Nation residing in Bluff, Utah.
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`Plaintiff farms and raises livestock on land adjacent to the San Juan River and which depends on
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`the San Juan River for irrigation. As a result of the Gold King Mine spill, Plaintiff was unable to
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`irrigate his crops and lost most or all of his harvest. Plaintiff also was unable to graze his
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`livestock or let them drink from the river and had to purchase water and feed for them. Plaintiff
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`also had to sell his livestock at reduced prices. Plaintiff submitted a claim to the EPA on or
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`8
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`Case 1:18-md-02824-WJ Document 445 Filed 01/21/20 Page 9 of 121
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`before August 3, 2017 for personal injury and property damages, in an amount to be determined
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`at trial, arising out of the release. The EPA has not issued a Final Decision on Plaintiff’s claim.
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`26.
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`Lula Atcitty is a member of the Navajo Nation residing in Bluff, Utah. Plaintiff
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`farms and raises livestock on land adjacent to the San Juan River and which depends on the San
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`Juan River for irrigation. As a result of the Gold King Mine spill, Plaintiff was unable to irrigate
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`her crops and lost most or all of her harvest. Plaintiff also was unable to graze her livestock or let
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`them drink from the river and had to purchase water and feed for them. Plaintiff also lost
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`livestock from dehydration or drinking contaminated water. Plaintiff submitted a claim to the
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`EPA on or before August 3, 2017 for personal injury and property damages, in an amount to be
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`determined at trial, arising out of the release. The EPA has not issued a Final Decision on
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`Plaintiff’s claim.
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`27. Wilford Atson is a member of the Navajo Nation residing in Shiprock, San Juan
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`County, New Mexico. Plaintiff farms on land adjacent to the San Juan River and which depends
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`on the San Juan River for irrigation. As a result of the Gold King Mine spill, Plaintiff was unable
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`to irrigate his crops and lost most or all of his harvest. Plaintiff submitted a claim to the EPA on
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`or about July 3, 2017 for $396,109.84 in personal injury and property damages arising out of the
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`release. The EPA has not issued a Final Decision on Plaintiff’s claim.
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`28.
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`Hilda Baldwin is a member of the Navajo Nation residing in Fruitland, New
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`Mexico. Plaintiff farms and raises livestock on land adjacent to the San Juan River and which
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`depends on the San Juan River for irrigation. As a result of the Gold King Mine spill, Plaintiff
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`was unable to irrigate her crops and lost most or all of her harvest. Plaintiff also was unable to
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`graze her livestock or let them drink from the river and had to purchase water and feed for them.
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`Plaintiff submitted a claim to the EPA on or before August 3, 2017 for personal injury and
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`9
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`property damages, in an amount to be determined at trial, arising out of the release. The EPA has
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`not issued a Final Decision on Plaintiff’s claim.
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`29.
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`Aaron Barber is a member of the Navajo Nation residing in Fruitland, San Juan
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`County, New Mexico. Plaintiff farms and raises livestock on land adjacent to the San Juan River
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`and which depends upon the San Juan River as irrigation. As a result of the Gold King Mine
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`spill, Plaintiff was unable to irrigate his crops and lost most or all of his harvest. Plaintiff also
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`was unable to graze his livestock or let them drink from the river and had to purchase water and
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`feed for them. Plaintiff submitted a claim to the EPA on or about July 3, 2017 for $81,269.08 in
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`personal injury and property damages arising out of the release. The EPA has not issued a Final
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`Decision on Plaintiff’s claim.
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`30.
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`Daisy Barber and Louise Henderson are members of the Navajo Nation residing
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`in Fruitland, San Juan County, New Mexico. Plaintiffs farm and raise livestock on land adjacent
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`to the San Juan River and which depends on the San Juan River for irrigation. As a result of the
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`Gold King Mine spill, Plaintiffs were unable to irrigate their crops and lost most or all of their
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`harvest. Plaintiffs were unable to graze their livestock or let them drink from the river and had to
`
`purchase water and feed for them. Plaintiffs submitted a claim to the EPA on or about July 3,
`
`2017 for $153,036.52 in personal injury and property damages arising out of the release. The
`
`EPA has not issued a Final Decision on Plaintiffs’ claim.
`
`31.
`
`Paul Barber is a member of the Navajo Nation residing in Shiprock, San Juan
`
`County, New Mexico. Plaintiff farms and raises livestock on land adjacent to the San Juan River
`
`and which depends on the San Juan River for irrigation. As a result of the Gold King Mine spill,
`
`Plaintiff was unable to irrigate his crops and lost most or all of his harvest. Plaintiff also was
`
`unable to graze his livestock or let them drink from the river and had to purchase water and feed
`
`
`
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`for them. Plaintiff submitted a claim to the EPA on or before August 3, 2017 for personal injury
`
`and property damages, in an amount to be determined at trial, arising out of the release. The EPA
`
`has not issued a Final Decision on Plaintiff’s claim.
`
`32.
`
`Roger Barber is a member of the Navajo Nation residing in Nenahnezad, San Juan
`
`County, New Mexico. Plaintiff farms and raises livestock on land adjacent to the San Juan River
`
`and which depends upon the San Juan River as irrigation. As a result of the Gold King Mine
`
`spill, Plaintiff was unable to irrigate his crops and lost most or all of his harvest. Plaintiff also
`
`was unable to graze his livestock or let them drink from the river and had to purchase water and
`
`feed for them. Plaintiff submitted a claim to the EPA on or about July 23, 2017 for $63,926 in
`
`personal injury and property damages arising out of the release. The EPA has not issued a Final
`
`Decision on Plaintiff’s claim.
`
`33.
`
`Alice Begay is a member of the Navajo Nation residing in Shiprock, San Juan
`
`County, New Mexico. Plaintiff farms on land adjacent to the San Juan River and which depends
`
`on the San Juan River for irrigation. As a result of the Gold King Mine spill, Plaintiff was unable
`
`to irrigate her crops and lost most or all of her harvest. Plaintiff submitted a claim to the EPA on
`
`or before August 3, 2017 for personal injury and property damages, in an amount to be
`
`determined at trial, arising out of the release. The EPA has not issued a Final Decision on
`
`Plaintiff’s claim.
`
`34.
`
`Andy Begay is a member of the Navajo Nation residing in Cortez, Colorado.
`
`Plaintiff farms and raises livestock on land adjacent to the San Juan River and which depends on
`
`the San Juan River for irrigation. As a result of the Gold King Mine spill, Plaintiff was unable to
`
`irrigate his crops and lost most or all of his harvest. Plaintiff also was unable to graze his
`
`livestock or let them drink from the river and had to purchase water and feed for them. Plaintiff
`
`
`
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`also had to sell his livestock at reduced prices. Plaintiff submitted a claim to the EPA on or
`
`before August 3, 2017 for personal injury and property damages, in an amount to be determined
`
`at trial, arising out of the release. The EPA has not issued a Final Decision on Plaintiff’s claim.
`
`35.
`
`Arlene Begay is a member of the Navajo Nation residing in Montezuma Creek,
`
`Utah. Plaintiff raises livestock on land adjacent to the San Juan River and which depends on the
`
`San Juan River for irrigation. As a result of the Gold King Mine spill, Plaintiff was unable to
`
`graze her livestock or let them drink from the river and had to purchase water and feed for them.
`
`Plaintiff submitted a claim to the EPA on or before August 3, 2017 for personal injury and
`
`property damages, in an amount to be determined at trial, arising out of the release. The EPA has
`
`not issued a Final Decision on Plaintiff’s claim.
`
`36.
`
`Bernita Begay is a member of the Navajo Nation residing in Shiprock, New
`
`Mexico. Plaintiff farms and raises livestock on land adjacent to the San Juan River and which
`
`depends on the San Juan River for irrigation. As a result of the Gold King Mine spill, Plaintiff
`
`was unable to irrigate her crops and lost most or all of her harvest. Plaintiff also was unable to
`
`graze her livestock or let them drink from the river and had to purchase water and feed for them.
`
`Plaintiff submitted a claim to the EPA on or before August 3, 2017 for personal injury and
`
`property damages, in an amount to be determined at trial, arising out of the release. The EPA has
`
`not issued a Final Decision on Plaintiff’s claim.
`
`37.
`
`Betty Begay is a member of the Navajo Nation residing in Waterflow, New
`
`Mexico. Plaintiff farms and raises livestock on land adjacent to the San Juan River and which
`
`depends on the San Juan River for irrigation. As a result of the Gold King Mine spill, Plaintiff
`
`was unable to irrigate her crops and lost most or all of her harvest. Plaintiff also was unable to
`
`graze her livestock or let them drink from the river and had to purchase water and feed for them.
`
`
`
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`Case 1:18-md-02824-WJ Document 445 Filed 01/21/20 Page 13 of 121
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`Plaintiff submitted a claim to the EPA on or before August 3, 2017 for personal injury and
`
`property damages, in an amount to be determined at trial, arising out of the release. The EPA has
`
`not issued a Final Decision on Plaintiff’s claim.
`
`38.
`
`Caroline Begay is a member of the Navajo Nation residing in Aneth, Utah.
`
`Plaintiff resides on land adjacent to the San Juan River and uses water from the San Juan River
`
`for personal and household uses. As a result of the Gold King Mine spill, Plaintiff was unable to
`
`use the water for drinking, cooking, gardening and bathing and had to purchase and haul water
`
`for replacement. Plaintiff submitted a claim to the EPA on or before August 3, 2017 for personal
`
`injury and property damages, in an amount to be determined at trial, arising out of the release.
`
`The EPA has not issued a Final Decision on Plaintiff’s claim.
`
`39.
`
`Charlene Begay is a member of the Navajo Nation residing in Aneth, Utah.
`
`Plaintiff raises livestock on land adjacent to the San Juan River and which depends on the San
`
`Juan River for irrigation. As a result of the Gold King Mine spill, Plaintiff was unable to graze
`
`her livestock or let them drink from the river and had to purchase water and feed for them.
`
`Plaintiff submitted a claim to the EPA on or before August 3, 2017 for personal injury and
`
`property damages, in an amount to be determined at trial, arising out of the release. The EPA has
`
`not issued a Final Decision on Plaintiff’s claim.
`
`40.
`
`Elizabeth Begay is a member of the Navajo Nation residing in Shiprock, San Juan
`
`County, New Mexico. Plaintiff farms livestock on land adjacent to the San Juan River and which
`
`depends on the San Juan River for irrigation. As a result of the Gold King Mine spill, Plaintiff
`
`was unable to irrigate her crops and lost most or all of her harvest. Plaintiff submitted a claim to
`
`the EPA on or about July 24, 2017 for $730,759.28 in personal injury and property damages
`
`arising out of the release. The EPA has not issued a Final Decision on Plaintiff’s claim.
`
`
`
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`Case 1:18-md-02824-WJ Document 445 Filed 01/21/20 Page 14 of 121
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`41.
`
`Eric Begay is a member of the Navajo Nation residing in Five Star Junction, Utah.
`
`Plaintiff raises livestock on land adjacent to the San Juan River and which depends on the San
`
`Juan River for irrigation. As a result of the Gold King Mine spill, Plaintiff was unable to graze
`
`his livestock or let them drink from the river and had to purchase water and feed for them.
`
`Plaintiff submitted a claim to the EPA on or before August 3, 2017 for personal injury and
`
`property damages, in an amount to be determined at trial, arising out of the release. The EPA has
`
`not issued a Final Decision on Plaintiff’s claim.
`
`42.
`
`Helen Begay is a member of the Navajo Nation residing in Hogback, New
`
`Mexico. Plaintiff farms and raises livestock on land adjacent to the San Juan River and which
`
`depends on the San Juan River for irrigation. As a result of the Gold King Mine spill, Plaintiff
`
`was unable to irrigate her crops and lost most or all of her harvest. Plaintiff also was unable to
`
`graze her livestock or let them drink from the river and had to purchase water and feed for them.
`
`Plaintiff also had to sell her livestock at reduced prices. Plaintiff submitted a claim to the EPA on
`
`or before August 3, 2017 for personal injury and property damages, in an amount to be
`
`determined at trial, arising out of the release. The EPA has not issued a Final Decision on
`
`Plaintiff’s claim.
`
`43.
`
`Jacqueline L. Begay is a member of the Navajo Nation residing in Shiprock, New
`
`Mexico. Plaintiff raises livestock on land adjacent to the San Juan River and which depends on
`
`the San Juan River for irrigation. As a result of the Gold King Mine spill, Plaintiff was unable to
`
`graze her livestock or let them drink from the river and had to purchase water and feed for them.
`
`Plaintiff submitted a claim to the EPA on or before August 3, 2017 for personal injury and
`
`property damages, in an amount to be determined at trial, arising out of the release. The EPA has
`
`not issued a Final Decision on Plaintiff’s claim.
`
`
`
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`44.
`
`Jacqueline S. Begay is a member of the Navajo Nation residing in Aneth, Utah.
`
`Plaintiff raises livestock on land adjacent to the San Juan River and which depends on the San
`
`Juan River for irrigation. As a result of the Gold King Mine spill, Plaintiff was unable to graze
`
`her livestock or let them drink from the river and had to purchase water and feed for them.
`
`Plaintiff submitted a claim to the EPA on or before August 3, 2017 for personal injury and
`
`property damages, in an amount to be determined at trial, arising out of the release. The EPA has
`
`not issued a Final Decision on Plaintiff’s claim.
`
`45.
`
`Jonah Begay is a member of the Navajo Nation residing in Shiprock, San Juan
`
`County, New Mexico. Plaintiff farms and raises livestock on land adjacent to the San Juan River
`
`and which depends on the San Juan River for irrigation. As a result of the Gold King Mine spill,
`
`Plaintiff was unable to irrigate his crops and lost most or all of his harvest. Plaintiff also was
`
`unable to graze his livestock or let them drink from the river and had to purchase water and feed
`
`for them. Plaintiff submitted a claim to the EPA on or before August 3, 2017 for personal injury
`
`and property damages, in an amount to be determined at trial, arising out of the release. The EPA
`
`has not issued a Final Decision on Plaintiff’s claim.
`
`46.
`
`Judy Begay is a member of the Navajo Nation residing in Shiprock, San Juan
`
`County, New Mexico. Plaintiff farms and raises livestock on land adjacent to the San Juan River
`
`and which depends on the San Juan River for irrigation. As a result of the Gold King Mine spill,
`
`Plaintiff was unable to irrigate her crops and lost most or all of her harvest. Plaintiff also was
`
`unable to graze her livestock or let them drink from the river and had to purchase water and feed
`
`for them. Plaintiff submitted a claim to the EPA on or before August 3, 2017 for personal injury
`
`and property damages, in an amount to be determined at trial, arising out of the release. The EPA
`
`has not issued a Final Decision on Plaintiff’s claim.
`
`
`
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`47. Mae Begay is a member of the Navajo Nation residing in Mexican Hat, Utah.
`
`Plaintiff resides on land adjacent to the San Juan River and which depends on the San Juan River
`
`for irrigation. As a result of the Gold King Mine spill, Plaintiff was unable to use the water for
`
`drinking, cooking, gardening and bathing and had to purchase