IGRA

Ninth Circuit to Video Stream En banc Arguments in Big Lagoon Rancheria Gaming Matter (Sept. 17, 2014)

Matthew L.M. Fletcher

Here is the news release. An excerpt:

On Wednesday, September 17, 2014, beginning at 10 a.m., the court will hear oral arguments in Big Lagoon Rancheria v. State of California, in which the state appeals the summary judgment by the U.S. District Court for the Northern District of California in favor of Big Lagoon Rancheria, an Indian reservation near Eureka.  The lower court determined that the state violated the Indian Gaming Regulatory Act by failing to negotiate in good faith for a tribal-state gaming compact.

Here is the panel: Alex Kozinski, Harry Pregerson, Stephen Reinhardt, Diarmuid O’Scannlain, Susan Graber, William Fletcher, Richard Paez, Jay S. Bybee, Milan Smith, Morgan Christen, and Jacqueline Nguyen

En banc materials here.

Panel materials here.

Federal Court Enjoins Texas Hold ‘Em Poker at Coeur d’Alene Tribe

Matthew L.M. Fletcher2 Comments

Here are the updated materials in State of Idaho v. Coeur d’Alene Tribe (D. Idaho):

33 Tribe Reply

35 DCT Order Staying Proceedings

40 DCT Order

An excerpt:

The Court has before it Defendant Coeur d’Alene Tribe’s Motion to Dismiss (Dkt. 15) and Plaintiff the State of Idaho’s Motion for a Temporary Restraining Order and for a Preliminary Injunction (Dkts. 3, 4). The Court previously stayed this lawsuit based on the Tribe’s argument that the parties had agreed to arbitrate this dispute. See June 23, 2014 Order, Dkt. 35. Afterward, the Tribe changed its mind and decided it would prefer to litigate. The Court will therefore address the pending motions. For the reasons expressed below, the Court will deny the Tribe’s motion to dismiss and grant the State’s motion for injunctive relief.

Prior materials here. H/t Pechanga.

Update in Massachusetts Suit over Gaming on Martha’s Vineyard

Matthew L.M. Fletcher1 Comment

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

37 Aquinnah Community Association Motion to Intervene + Proposed Complaint

39 Town of Aquinnah Motion to Intervene

41 Wampanoag Opposition to Town Motion

42 Wampanoag Opposition to Community Association Motion

48 Town Reply

50 Aquinnah Reply

60 Tribe Motion to Dismiss

62 Tribe Rule 19 Motion to Dismiss

Prior posts here and here.

Update in Massachusetts Suit over Gaming on Martha’s Vineyard

Matthew L.M. Fletcher

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

37 Aquinnah Community Association Motion to Intervene + Proposed Complaint

39 Town of Aquinnah Motion to Intervene

41 Wampanoag Opposition to Town Motion

42 Wampanoag Opposition to Community Association Motion

48 Town Reply

50 Aquinnah Reply

60 Tribe Motion to Dismiss

62 Tribe Rule 19 Motion to Dismiss

Prior posts here and here.

Ninth Circuit to Re-Hear Big Lagoon Rancheria Appeal Sept. 17, 2014

Matthew L.M. Fletcher2 Comments

Here:

Big Lagoon — CA9 Order Setting Oral Argument

En banc materials here.

Panel materials here.

Estom Yumeka Maidu Tribe of the Enterprise Rancheria Sues California for Failure to Negotiate in Good Faith Under IGRA

Matthew L.M. Fletcher

Here is the complaint in Estom Yumeka Maidu Tribe of the Enterprise Rancheria v. California (E.D. Cal.):

1 Complaint

An excerpt:

This is an action brought under the Indian Gaming Regulatory Act (“IGRA”), 25 U.S.C. § 2710(d)(7)(A)(i), to compel Defendant the State of California (the “State” or “California”) to comply with IGRA’s requirement that it negotiate in good faith with Plaintiff Estom Yumeka Maidu Tribe of the Enterprise Rancheria (“the Tribe”) for the purpose of entering into a tribal-state gaming compact pursuant to IGRA.

Colorado Law School Symposium on Michigan v. Bay Mills — Agenda

Matthew L.M. Fletcher1 Comment

Here (PDF):

Bay Mills Agenda_FINAL1

Click agenda to register.

Federal Cross-Motion for Summary Judgment in City of Duluth v. NIGC

Matthew L.M. Fletcher1 Comment

Here:

26 US Cross Motion for Summary J

Also:

27-1 Fond du Lac Proposed Amicus Brief

The City’s motion is here.

New Mexico Files Suit to Challenge Application of Part 291 Secretary Procedures to Pueblo of Pojoaque

Matthew L.M. Fletcher1 Comment

Here is the complaint in State of New Mexico v. Jewell (D. N.M.):

1 Complaint

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

11 Pueblo of Pojoaque Motion for Default Judgment

15 New Mexico Response to Motion for Default Judgment

18 Pueblo of Pojoaque Response

20 New Mexico Answer

21 DCT Order Setting Aside Default Judgment

22 DCT Order Dismissing Case

We posted the complaint in that case here.

Ninth Circuit Briefs in Attempt to Arbitrate Pechange Tort Claims Statute under IGRA

Matthew L.M. Fletcher3 Comments

Here are the briefs in Cosentino v. Pechanga Band of Luiseño Mission Indians:

Cosentino Opening Brief

Pechanga Answer Brief

Repky brief TK

Lower court materials (C.D. Cal.):

12-1 Pechanga Motion to Dismiss

13 Cosentino Response

20 DCT Amended Order