IGRA – Page 26 – Turtle Talk

No Stay Pending IGRA Appeal in 10th Circuit for Pueblo of Pojoaque

February 10, 2017Sarah M Donnelly1 Comment

Link: Previous posts

Here are further materials and briefs in the matter of Pueblo of Pojoaque v. State of New Mexico, 16-cv-00625 (D. NM):

123 – Plaintiffs’ Motion to Stay the Order and Restore the Preliminary Injunction Pending Appeal Expedited Review Requested
- 130 – Defendants’ Amended Response to Pueblo’s Motion to Stay the Order and Restore the Preliminary Injunction Pending Appeal
  - 131 – Reply to Defendants’ Response to Motion to Stay Order and Restore the Preliminary Injunction Pending Appeal
140 – Motion for Leave to File Supplemental Brief
- 140-1 – Plaintiffs’ “Proposed” Supplemental Brief
  - 141 – Defendants’ Response to Plaintiffs’ Motion for Leave to File Supplemental Brief
    - 141-1 – Defendants’ Proposed Response to Plaintiffs’ “Proposed” Supplemental Brief in Support of Their Motion to Stay the Order and Restore the Preliminary Injunction Pending Appeal
      - 145 – Plaintiffs’ Reply in Support of Plaintiffs’ Motion to File Supplemental Brief on Motion to Stay Order
149 – Memorandum Opinion and Order

Tenth Circuit Briefs in Pueblo of Pojoaque v. State of New Mexico

January 27, 2017May 9, 2017Matthew L.M. Fletcher1 Comment

Here:

Pojoaque Opening Brief

New Mexico Supplemental Brief

Pojoaque Supplemental Brief

Lower court materials here.

Colusa Indian Community Loses Motion for Reconsideration in Challenge to Enterprise Rancheria Casino Project

January 24, 2017Matthew L.M. Fletcher1 Comment

Here are the materials in Cachil Dehe Band of Wintun Indians of the Colusa Indian Community v. Jewell (E.D. Cal.):

170 Motion for Reconsideration

171 US Opposition

172 Enterprise Rancheria Opposition

Federals Prevail in Online Tribal Bingo Suit

December 14, 2016Matthew L.M. Fletcher

Here are the materials in State of California v. Iipay Nation of Santa Ysabel (S.D. Cal.):

67 Tribal Response

80 DCT Order Granting US Motion

Prior post here.

Split Cal. COA Holds Gov. Brown’s Concurrence in North Fork Compact is Invalid

December 13, 2016December 13, 2016Matthew L.M. Fletcher

Here are the opinions in Stand Up For California v. State of California (PDF). An excerpt from the lead opinion:

The judgment is reversed. The Governor’s concurrence is invalid under the facts alleged in this case. Plaintiffs have stated a cause of action for a writ of mandate to set the concurrence aside on the ground that it is unsupported by legal authority. The matter is remanded for further proceedings, and the trial court is directed to vacate its order sustaining the demurrers and enter a new order overruling them.

Briefs:

Appellant Brief

California Brief

Appellant Supplemental Brief

California Supplemental Brief

North Fork Supplemental Brief

Seminole Tribe Prevails in Dispute with Florida over Banked Games

November 11, 2016November 11, 2016Matthew L.M. Fletcher

Here are the materials in Seminole Tribe of Florida v. State of Florida (N.D. Fla.):

37-seminole-msj

44-seminole-response-to-38

53-florida-response-to-37

86-seminole-immunity-brief

87-florida-immunity-brief

California Indian Law Association CLE Webinar November 30

November 1, 2016Sarah M Donnelly

Visit http://www.calindianlaw.org/cle-webinar.html

Please join CILA for its CLE webinar hosted in partnership with Ceiba Legal, LLP on November 30, 2016 at 12:00 p.m.

The webinar is titled “Born Again Compacts: How an Evolution in the Definition of ‘Gaming Facilities’ May Lead to a More Intelligent Design of Intergovernmental Agreements,” and will feature a discussion of the following topics:

Kevin Washburn’s recent journal article entitled “Recurring Issues in Indian Gaming Compact Approval,” including a general overview of allowable topics for negotiation under the Indian Gaming Regulatory Act;
How ancillary facilities such as hotels have been impermissibly included in compacts and county intergovernmental agreements;
Recent California trends related to ancillary facilities and how practitioners can use these new trends to their advantage when negotiating or renegotiating intergovernmental agreements; and
The unique ethical issues faced by attorneys when negotiating the best deal for the tribal client may set negative precedent for Indian Country.

Participants will receive 1 CLE credit.

Registration is free for CILA members and non-members may register for $50.00. The $50.00 registration fee includes CILA membership from October 2016 to October 2017.

California COA Affirms Authority of Governor to Concur in Two-Part Determination

October 14, 2016Matthew L.M. Fletcher

Here is the opinion in United Auburn Indian Community v. Brown.

Here is the unpublished opinion in Citizens for a Better Way v. Brown.

Federal Court Dismisses Pojoaque Gaming-Related Dispute with New Mexico

October 5, 2016Matthew L.M. Fletcher2 Comments

Here are the materials in Pueblo of Pojoaque v. State of New Mexico (D.N.M.):

60-nm-motion-to-dismiss-count-iv

64-nm-motion-to-stay

65-nm-motion-to-modify-pi-order

66-response-to-60

69-nm-motion-to-modif y

71-motion-to-dismiss-counts-iii-iv

72-motion-to-dismiss-count-ii

73-motion-to-dismiss-count-v

79-reply-in-support-of-60

85-response-to-65

86-response-to-72

87-response-to-71

88-response-to-69

89-response-to-73

90-response-to-64

94-reply-in-support-of-69

95-reply-in-support-of-73

96-reply-in-support-of-65

97-reply-in-support-of-72

98-reply-in-support-of-64

99-reply-in-support-of-71

Prior posts here, here, and here.

Tenth Circuit materials here.

Federal Court Rules in Favor of North Fork Rancheria in Gaming Conflict

September 7, 2016September 7, 2016Matthew L.M. Fletcher1 Comment

Here are the materials in Stand Up for California v. Dept. of Interior (D.D.C.):

106-1-sufc-motion-for-summary-j

108-1-picayune-rancheria-motion-for-summary-j

111-1-north-fork-rancheria-motion-for-summary-j

112-1-us-motion-for-summary-j

116-picayune-reply

121-north-fork-rancheria-reply

Prior posts here, here, here, here, and here.