Here is the order:
DCT Preliminary Injunction Order
Bay Mills has until noon to close its casino.
gaming
Ninth Circuit Briefing in Shingle Springs Miwok v. Caballero
Here:
Here is the issue, according to the tribe’s brief:
Appellee Shingle Springs Band of Miwok Indians (hereinafter, “Tribe”) has operated its federally recognized tribal government under the name “Shingle Springs Band of Miwok Indians” (the “Mark” or the “Tribe’s Mark”)[FN1] for over thirty years. During this time the Tribe provided governmental and educational services to its members and the public and its Mark became well known. Appellant Cesar Caballero is not a member of the Tribe, but identifies himself as a person of “Miwok” ancestry. In 2008, after he learned the Tribe planned to open a casino, he began to do business under the Tribe’s Mark and represent to third parties, through local and federal government filings, that he was the “Chief” and “Tribal Historian” of the “Shingle Springs Band of Miwok Indians.” These representations were false.
Staudenmaier and Khalsa have published an article on Carcieri and taking land into trust in UNLV Gaming Law Journal
The title is A post-Carcieri vocabulary exercise: what if “now” really means “then”? The cite is 1 UNLV Gaming L.J. 39 (2010).
UPDATE: The article is available here.
Tonkawa Notice of Removal to Federal Court in Gaming Management Co. Dispute
Here is the notice:
Tonkawa Notice of Removal to Federal Court
DCT Order Setting Hearing Date — March 28
The original state court materials are here.
Gaughan Gaming v. Tonkawa Tribe & Tonkawa Tribal Gaming Commission Materials (So Far)
Saginaw Chippewa Issues Release Opposing BMIC Vanderbilt Casino
Here is the press release:
The Tribal Council of the Saginaw Chippewa Indian Tribe has taken a firm position against the Bay Mills attempt to push their way into Vanderbilt MI with class three gaming. “We have a long history of supporting the intent of the Indian Gaming Regulatory Act in honoring “On Reservation” gaming provisions within that act” stated Tribal Chief Dennis V. Kequom Sr. For many years the Saginaw Chippewa Indian Tribe has teamed with others who are like minded on the issue of off reservation gaming.
The Saginaw Chippewa Indian Tribe is committed to educate the public and elected officials of the negative implications to “Off reservation” gaming. If Bay Mills is allowed to conduct “Off Reservation” gaming it would open the flood gates to unlimited casino development saturating an already stressed market. The Federal Government rejects casino compacts unless a tribe has trust land. Vanderbilt is not in trust according to the Department of the Interior. The Tribe will continue to closely monitor Bay Mills activities and continue with its efforts to inform the public at large about the negative implications of the Bay Mills Indian community and their efforts elsewhere in the State.
Arguments for Injunction in Bay Mills Casino Case Heard Today
No ruling yet.
From Mlive:
A casino in northern Michigan is illegal and should be closed immediately, a lawyer for the Little Traverse Bay Bands of Odawa Indians argued in federal court in Kalamazoo today.
The Bay Mills Indian Community opened a small casino in November on land it owns in Vanderbilt in Otsego County. The tribe, which is federally recognized and operates another casino in Brimley in the Upper Peninsula, says it is allowed to open casinos on tribe-owned land.
The Little Traverse Bay Bands sued the Bay Mills tribe in December and requested a preliminary injunction that would halt operations at the Vanderbilt casino.
U.S. District Court Judge Paul Maloney this morning heard arguments but made no decision on the injunction. Maloney said he would issue a ruling as soon as possible.
The Vanderbilt casino opened without going through any state or federal approval process. A lawyer for the Bay Mills tribe argued this morning that the land in Vanderbilt was purchased for the betterment of the tribe, making the property Indian land where gambling is allowed.
An attorney for the state of Michigan, which also sued the Bay Mills tribe over the Vanderbilt casino, told Maloney the state is worried about the Bay Mills tribe being allowed to open casinos anywhere it wants without government oversight.
“There is nothing to stop them from expanding,” said Louis Reinwasser, an attorney with the Michigan Attorney General’s office.
The Bay Mills tribe last year purchased property in Flint Township that could be used for a casino if it survives this legal challenge.
Challenge to 40% Maximum Revenue Limit for Gaming Management Companies Rejected
Here are the materials in Crosby Lodge v. NIGC (D. Nev.):
DCT Judgment in Crosby Lodge v NIGC
Previous proceedings in this case are posted here.
Briefing in City of Temecula v. Pechanga Band Gaming Dispute
Interior Solicitor Letter on Stockbridge-Munsee Gaming Compact Denial: Denying US Participation in Land Claims Settlement
Here: Vele.Tompkins.02.18.2011.
The DOI Letter is here.
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