Indian gaming – Page 41

Tribe Notifies State of Wisconsin of Intent to Withhold Revenue Sharing Payment

March 9, 2017March 10, 2017Matthew L.M. Fletcher1 Comment

From the Tribe:

The Stockbridge-Munsee Tribe announced today that it has notified the State of Wisconsin of its intent to withhold its revenue sharing payment of $923,000 due to the State’s violation of its gaming compact with the tribe.

The State is in violation of two sections of its compact with the Stockbridge-Munsee by:

Allowing the Ho-Chunk Nation to unlawfully operate its Wittenberg Casino on lands not eligible for Indian gaming under IGRA since 2008.

Allowing the Ho-Chunk Nation to operate the Wittenberg Casino beyond the scope permitted in Ho-Chunk Nation’s gaming compact with the State since 2008.

More information and supporting documents can be found on the tribal website.

Tenth Circuit Issues Temporary Injunction against New Mexico in Dispute with Pueblo of Pojoaque

March 2, 2017Matthew L.M. Fletcher

Here are the materials in Pueblo of Pojoaque v. State of New Mexico:

Pojoaque Emergency Motion

CA10 Temporary Order

Lower court denial of stay here. Lower court materials here.

Federal Bankruptcy Court Holds Bankruptcy Act Doesn’t Abrogate Tribal Immunity, Tribal Corporations Immune

March 1, 2017Matthew L.M. Fletcher

Here are the materials in In re Money Centers of America (D. Del. Bkrcy.):

431 Order

An excerpt:

As set forth above, the Court finds that: (i) this is a facial attack on the Court’s subject matter jurisdiction allowing the Court to review various documents attached to the pleadings; (ii) both QCA and Thunderbird are sufficiently related to their respective Indian tribes to enjoy the tribes’ sovereign immunity; and (iii) neither Section 106(a) nor Section 101(27) abrogates QCA’s and Thunderbird’s sovereign immunity. Thus, Thunderbird’s motion to dismiss will be granted.

Furthermore, as to QCA only, the Court finds that it does not have sufficient information to determine whether there was a limited waiver of QCA’s sovereign immunity, to the extent of recoupment only, as to QCA’s claims. Although, at most recoupment would be limited to the amount of QCA’s claims against the Money Center’s estate

Quapaw Casino proceeding:

66 QCA Motion to Dismiss

67 Trustee Opposition

69 Reply

Thunderbird (Absentee Shawnee) proceeding:

6 Trustee Opposition

7 Thunderbird Brief

Sun v. Mashantucket Pequot Cert Petition

February 22, 2017Matthew L.M. Fletcher1 Comment

Here:

sun-cert-petition

Question presented:

If the District Court refuses Plaintiffs’ Motion to Reopen its case based squarely upon whether the case has no chance of succeeding on its merits, is it a violation of Plaintiffs’ Due Process rights for the District Court to ignore new precedent repeatedly brought to its attention that would allow Plaintiffs to succeed on the merits?

Lower court materials here.

NIGC Not Held in Contempt for Refusal to Reconsider Decision on Fort Sill Apache New Mexico Casino

February 21, 2017Matthew L.M. Fletcher

Here are the materials in Fort Sill Apache Tribe v. National Indian Gaming Commission (D.D.C.):

60 Stipulated Order

67 Fort Sill Motion to Enforce

67-1 NIGC Letter

68 Opposition

69 Reply

70 DCT Order on Motion to Enforce

We posted the complaint here.

Ninth Circuit Materials in Guidiville Rancheria v. United States

February 15, 2017Matthew L.M. Fletcher

Here are the briefs:

Guidiville Rancheria Opening Brief

City of Richmond Brief

Oral argument video here.

Lower court materials here.

Casino Patron Brings Federal Suit over Interpretation of Tribal Tort Claims Act

January 27, 2017March 13, 2017Matthew L.M. Fletcher

Here is the complaint in Wilson v. Umpqua Indian Development Corporation (D. Or.):

1 Complaint

1-7 Tribal Court Decision

Update:

15 Motion to Dismiss

Summary Judgment Briefing in Bay Mills Indian Community v. Snyder

January 17, 2017July 9, 2018Matthew L.M. Fletcher

Here are the materials in Bay Mills Indian Community v. Snyder (W.D. Mich.):

47-saginaw-chippewa-motion-to-intervene

54-michigan-motion-for-summary-j

70 bmic opposition

71 clinton declaration

72 hughes declaration

81 snyder reply

NHBP Shared Revenue to Help Michigan Schools Scrap Native Mascots

January 4, 2017Sarah M Donnelly1 Comment

Link: New state-tribe agreement may help schools nix Native American mascots by Emily Lawler from MLive.

The Nottawaseppi Huron Band of the Potawatomi and the State of Michigan amended their gaming compact to allow up to $500,000 to be put in the Michigan Native American Heritage Fund:

The federal government on Dec. 12, 2016 approved another amendment that puts a portion of state revenue sharing into a special fund dedicated to promoting understanding, history and good relationships with the state’s Native Americans.

One use could be for monetary help transitioning schools away from Native American mascots.

“This fund demonstrates our commitment to providing Michigan schools, colleges and universities with the funds needed to improve curricula and resources related to Native American issues and mascot revisions,” said NHBP Tribal Chair Jamie Stuck in a press release. “We understand that schools often don’t have funds available for these types of projects and we are dedicated to removing that obstacle.”

Up to $500,000 per year from the tribe’s revenue sharing to the state could go into the new Michigan Native American Heritage Fund. It will be run by a board consisting of two people appointed by the tribe, two people appointed by the governor and also the Michigan Department of Civil Rights Director or his designee.