Update in Massachusetts Suit over Gaming on Martha’s Vineyard

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

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

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

Here (PDF):

Bay Mills Agenda_FINAL1

Click agenda to register.

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

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

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

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

Federal Court Dismisses Jamul Action Committee Challenge under Rule 19 (with leave to amend)

Here are the materials in Jamul Action Committee v. Stevens (E.D. Cal.):

21 Federal Motion to Dismiss

22 Jamul Indian Village Motion to Fiile Amicus Brief

22-1 Jamul Indian Village Motion to Dismiss

30 Jamul Action Committee Response to Jamul Indian Village

31 Jamul Action Committee Response to Feds

34 Jamul Indian Village Reply in Support of Amicus Motion

36 Jamul Indian Village Reply in Support of Motion to Dismiss

37 Federal Reply

42-1 Jamul Action Committee Motion to Amend Complaint

50 DCT Order

We posted the complaint here.

California Next to Legalize Online Poker?

The California Legislature has till the end of August 2014 to decide on two bills that would regulate online poker. Both bills are backed by different interest groups, including various tribes. The bills are AB 2291 and SB 1366.

Additionally, the Iipay Nation of Santa Ysabel, CA is moving forward on an online poker site with the intention of adding real money play soon.  This will be an interesting development to keep an eye on and could help set the legal landscape for future tribal online gaming.

Check out this brief blog post on the Iipay Nation’s online poker site: Here

Witness List and Written Testimony in July 23 SCIA Hearing on Indian Gaming

Here:

Witnesses:

The Honorable Paul A. Gosar
Representative-United States House of Representatives

The Honorable Raul M. Grijalva
Representative-United States House of Representatives

Panel 1

The Honorable Kevin Washburn
Assistant Secretary-Indian Affairs-United States Department of the Interior
View Testimony

Mr. Jonodev Osceola Chaudhuri
Vice Chairman-National Indian Gaming Commission
View Testimony

Ms. Anne-Marie Fennell
Director-Natural Resources and Environment-United States Government Accountability Office
View Testimony

Panel 2

The Honorable A.T. Stafne
Representative-United States House of Representatives
View Testimony

The Honorable Michell Hicks
Principal Chief-Eastern Band of Cherokee Indians
View Testimony

Mr. Ernest L. Stevens, Jr.
Chairman-National Indian Gaming Association
View Testimony

Panel 3

The Honorable Diane Enos
Chairman-Assiniboine & Sioux Tribes of the Fort Peck Indian Reservation
View Testimony

The Honorable Ned Norris, Jr.
Chairman-Tohono O’odham Nation of Arizona
View Testimony

The Honorable Jerry Weiers
Mayor-City of Glendale
View Testimony