Calusa-Picayune-California Gaming Compact Dispute Order

Here is the 60-page district court opinion in Cachil Dehe Band v. California — Calusa DCT Order — 4-22-09

Here’s the scoresheet:

For the reasons stated above, the court makes the following orders:

(1) Defendants’ motion to dismiss Picayune’s complaint in intervention is DENIED.

(2) With respect to Colusa’s First Claim for Relief in Colusa I, regarding Colusa’s priority in the draw process, defendants’ motion for judgment on the pleadings is DENIED, and Colusa’s motion for summary judgment is GRANTED.

(3) With respect to Colusa’s Second Claim for Relief in Colusa I and Picayune’s sole Claim for Relief, regarding the number of gaming devices authorized by the Compact, defendants’ motion for summary judgment is DENIED, and Colusa’s and Picayune’s motions for summary judgment are GRANTED.

(4) With respect to Colusa’s Third Claim for Relief in Colusa I, regarding defendants’ retention of license fees, defendants’ motion for summary judgment is GRANTED, and Colusa’s motion for summary judgment is DENIED.

(5) With respect to Colusa’s Fourth Claim for Relief in Colusa I, regarding the Commission’s authority to administer the draw process, defendants’ motion for judgment on the pleadings is GRANTED, and Colusa’s motion for summary judgment is DENIED.

(6) With respect to Colusa’s First Claim for Relief in Colusa II, regarding defendants’ refusal to schedule and conduct a round of draws, defendants’ motion for summary judgment is GRANTED, and Colusa’s motion for summary judgment is DENIED.

(7) With respect to Colusa’s Second Claim for Relief in Colusa II, regarding defendants’ counting of multi-station games as equal to the number of their terminals, defendants’ motion for judgment on the pleadings is GRANTED, and Colusa’s motion for summary judgment is DENIED.

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