gaming – Page 24 – Turtle Talk

On July 7, 2014, the court was prepared to hear arguments regarding the entry of a preliminary injunction and whether the court should enter a broader injunction than requested by plaintiff with respect to class III gaming activity on Indian lands of the Paskenta Band of Nomlaki Indians. At the beginning of the hearing, the parties informed the court they had reached a stipulation to entry of a preliminary injunction in substantially the same form as the temporary restraining order entered in this action on June 18, 2014. The parties also advised that upon entry of the preliminary injunction order, they agreed to a stay of all further litigation pending a status conference in October 2014.

Materials here, here, and here.

BIA Decision Approving Glendale Area Trust Land Acquisition for Gaming Purposes for Tohono O’Odham Nation

July 7, 2014Matthew L.M. Fletcher1 Comment

Here:

2014-07-03 Washburn Letter to Norris re Trust Decision

This is on remand from the Ninth Circuit’s mandate.

New York Appellate Division Refuses to Disturb Injunction in Chukchansi Leadership Dispute

July 7, 2014November 17, 2014Matthew L.M. Fletcher

Here is the opinion in Wells Fargo Bank NA v. Chukchansi Economic Development
Authority (N.Y. A.D.):

Wells Fargo v Chukchansi

An excerpt:

Appellants contend that defendants-respondents Nancy Ayala, Karen Wynn, Charles Sargosa, and Tracy Brechbuehl (the Ayala faction or the individual Ayala defendants) do not enjoy sovereign immunity because their actions were illegal and not performed in an official capacity. However, to decide whether the Ayala faction’s actions were illegal, a court would have to determine whether the Ayala faction was the legitimate Tribal Council; this it may not do (see Sac & Fox, 340 F3d at 767).

Briefs:

Wells Fargo Brief

Chukchansi Brief (Marsten)

Chukchansi Brief (Rosette)

Lower court materials here, here, and here.

Federal Court Dismisses Illegal Gambling Indictments at St. Regis Mohawk

July 6, 2014July 2, 2014Matthew L.M. Fletcher

Here are the materials in United States v. Laughing (N.D. N.Y.):

248 Motion to Dismiss

249 DCT Order

We posted on this matter here, here, and here.

Federal Court Finds Jurisdiction in Tribal Dispute with Massachusetts over Regulation of Gaming on Martha Vineyard

July 2, 2014Matthew L.M. Fletcher2 Comments

Here are the materials so far in Commonwealth of Massachusetts v. Wampanoag Tribe of Gay Head (Aquinnah) (D. Mass.):

1 Notice of Removal

18 Massachusetts Motion to Remand

21 Opposition to Motion to Remand

25-1 Massachusetts Reply

31 DCT Order

An excerpt:

This lawsuit involves a dispute between the Commonwealth of Massachusetts and a federally recognized Indian tribe as to who has regulatory jurisdiction over civil gaming on Indian lands on Martha’s Vineyard. The Aquinnah Wampanoag Tribe and related entities have taken steps to commence commercial gaming operations on tribal lands without a license from the Commonwealth. The Commonwealth of Massachusetts contends that by doing so, the Tribe violated a 1983 settlement agreement that subject the lands in question to state civil and criminal jurisdiction. Count 1 of the complaint alleges breach of contract, and Count 2 seeks a declaratory judgment.

The Commonwealth filed suit in state court on December 2, 2013. On December 30, 2013, defendants removed the action to this Court on the basis of federal-question and supplemental jurisdiction, 28 U.S.C. §§ 1331, 1367. The Commonwealth has moved to remand the matter to state court. For the reasons set forth below, the motion will be denied.