IGRA – Page 28 – Turtle Talk

Cross Motions for Summary Judgment in Seminole IGRA Good Faith Suit against Florida

July 25, 2016Matthew L.M. Fletcher

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

37 Seminole Motion for Summary J

38 Florida Motion for Summary J

Motion to dismiss stage pleadings here.

Butte County Loses Challenge to NIGC Compact Approval

July 21, 2016July 21, 2016Sarah M Donnelly1 Comment

Here are the materials and documents in the matter of Butte County, CA v. Chadhouri et al, 08-cv-00519 (D.C. July 15, 2016):

Doc. 115 – Memorandum of Points and Authorities in Support of Plaintiff’s Motion for Summary Judgment

Doc. 117 – United States’ Opposition to Plaintiff’s Motion for Summary Judgment and Cross Motion for Summary Judgment

Doc. 119 – Intervenor Mechoopda Indian Tribe’s Memorandum in Opposition to Plaintiffs’ Motion for Summary Judgment

Doc. 121 – Memorandum on Opposition to Defendants’ Cross-Motion for Summary Judgment and Reply in Support of Plaintiff’s Motion for Summary Judgment

Doc. 124 – Intervenor Mechoopda Indian Tribe’s Consolidated Reply to Plaintiff’s Memorandum in Opposition to Intervenor Mechoopda Indian Tribe’s Cross Motion For Summary Judgment and Plaintiff’s Memorandum in Opposition to Defendants’ Cross Motion for Summary Judgment and Reply in Support Of Plaintiff’s Motion For Summary Judgment

Doc. 125 – United States’ Reply in Support of its Cross Motion for Summary Judgment

Doc. 128 – Memorandum-Decision and Order

Link to previous coverage here.

Amended Opinion from 9th Circuit in JAC v. Chadhouri

July 19, 2016Sarah M Donnelly1 Comment

Download order and amended opinion here.

Link to previous coverage here.

Picayune Rancheria Files Complaint Against DOI to Stop Off Reservation Gaming

July 8, 2016Sarah M Donnelly

Download complaint here.

Link to news coverage here.

D. Conn. Dismisses MGM’s Action Against State for Tribal Gaming Act

June 27, 2016Sarah M Donnelly

Here are the materials in MGM Resorts International Global Gaming Development, LLC v. Malloy et al, 15-cv-01182 (Jun. 23, 2016):

Doc. 35 – First Amended Complaint for Declaratory and Injunctive Relief

Doc. 44-1 – Memorandum of Law In Support of Defendants’ Motion to Dismiss Amended Complaint

Doc. 47 – MGM’s Opposition to Defendants’ Motion to Dismiss Amended Complaint

Doc. 48 – Reply Memorandum of Law in Support of Defendants’ Motion to Dismiss Amended Complaint

Doc. 55 – Ruling on Motion to Dismiss

MGM filed its leave to appeal that day.

Link to previous coverage of original complaint here.

California Court of Appeals Affirms Contract Breach Judgment against Cabazon Band

June 16, 2016June 16, 2016Matthew L.M. Fletcher

Here is the opinion in Wells Fargo Bank NA v. Cabazon Band of Mission Indians.

An excerpt:

The indenture and note between the Bank and the Tribe were secured by a perfected security interest in the DAR, after being deposited into the Tribe’s custodial account with the Bank. The indenture agreement at issue here did not confer any authority, control, or responsibility to the bondholder or the Bank for the conduct of any gaming activity. It merely provided the Bank and the bondholder with a security interest in a specific bank account. It did not and could not control what was deposited into that custodial account. A contract creating a security interest in a custodial account does not convey authority or responsibility for the conduct of any gaming activity. Therefore, it does not violate the sole proprietary interest rule.

Only brief I’ve found: Wells Fargo’s Reply brief

RFP to Legally Represent the Arizona Indian Gaming Association

June 10, 2016Sarah M Donnelly

Download request for proposals here.

Proposals due June 15, 2016.

Ninth Circuit Rejects NEPA Challenge to NIGC Authority

June 9, 2016Matthew L.M. Fletcher

Here is the opinion in Jamul Action Committee v. Chaudhuri.

The court’s syllabus:

The panel affirmed the district court’s denial of a petition for a writ of mandamus under the Administrative Procedure Act of a group of tribal members and organizations, alleging that the National Indian Gaming Commission violated the National Environmental Policy Act when it approved the Jamul Indian Village’s gaming ordinance for a casino in Jamul, California, without first conducting a NEPA environmental review. The district court held that the Gaming Commission’s approval of the 2013 gaming ordinance was not “major federal action” within the meaning of NEPA requiring the preparation of an environmental impact statement. Affirming on different grounds than the district court, the panel held that even if the GamingCommission’s approval of the gaming ordinance was a major federal action within the meaning of NEPA, the GamingCommission was not required to prepare an environmental impact statement because there was an irreconcilable statutory conflict between NEPA and the Indian Gaming Regulatory Act, pursuant to San Luis & Delta-Mendota Water Auth. v. Jewell, 747 F.3d 581, 648 (9th Cir. 2014) (holding that an agency need not adhere to NEPA “where doing so ‘would create an irreconcilable and fundamental conflict’ with the substantive statute at issue”).

Briefs here.

Federal Court Refuses to Lift Injunction against Ysleta del Sur Pueblo Gaming, but Ends Continuing Jurisdiction

June 8, 2016June 8, 2016Matthew L.M. Fletcher

Here are the materials in State of Texas v. Ysleta del Sur Pueblo (W.D. Tex.):

531 Pueblo Motions

538 Texas Response

591 Pueblo Reply

592 Alabama Coushatta Tribe Amicus Brief

600 Pueblo Response to American Legion Amicus Brief

First Circuit Briefs in Commonwealth of Massachusetts v. Wampanoag Tribe of Gay Head (Aquinnah)

June 7, 2016April 11, 2017Matthew L.M. Fletcher1 Comment

Here:

US Amicus Brief

Lower court materials here.