Broken Arrow Casino

Oklahoma v. Hobia Cert Stage Briefing Complete

Matthew L.M. Fletcher

Here:

Petition for a Writ of Certiorari

Hobia Cert Opp

Oklahoma Reply

Lower court materials here.

Hobia Cert Opposition Brief

Matthew L.M. Fletcher

Here:

Hobia Cert Opp

Cert petition here.

Oklahoma v. Hobia Cert Petition

Matthew L.M. Fletcher2 Comments

Here:

Petition for a Writ of Certiorari (as filed)

Question presented:

Does Michigan v. Bay Mills Indian Community, 134 S.Ct. 2024 (2014), require the dismissal of a State’s suit to prevent tribal officers from conducting gaming that would be unlawful under the Indian Gaming Regulatory Act and a state-tribal compact when

• the suit for declaratory and injunctive relief has been brought against tribal officials – not the tribe;
• the gaming will occur in Indian country, on the land of another tribe; and

• the state-tribal compact’s arbitration provision does not require arbitration before filing suit?

Lower court materials here.

Tenth Circuit Issues Amended Opinion in Oklahoma v. Hobia

Matthew L.M. Fletcher3 Comments

Here. Like its earlier decision, today’s amended opinion concludes that the district court erroneously granted the State’s request for a preliminary injunction and held that the State’s complaint, which alleged class III gaming activities on non-Indian lands, failed to state a claim under IGRA.

The Tenth Circuit also reiterated that arbitration provisions in the state’s gaming compact effectively barred Oklahoma from suing tribal officials in federal court for purported violations of the compact. The court remanded the matter to the Northern District of Oklahoma with instructions to vacate the preliminary injunction and to dismiss Oklahoma’s complaint with prejudice.

Also, the court denied the petition for en banc review.

Panel materials are here.

Tenth Circuit Reverses Oklahoma v. Hobia Relying on Bay Mills

Matthew L.M. Fletcher1 Comment

Here is the opinion:

CA10 Opinion

Lower court supplemental briefs here.

Briefs are here.

Lower court materials here.

Tenth Circuit Supplemental Briefs in Oklahoma v. Hobia re: Bay Mills Decision

Matthew L.M. Fletcher1 Comment

Here:

Oklahoma Supplemental Brief re Bay Mills

Tribal Supplemental Brief re Bay Mills

The Tenth Circuit previously abated this matter pending the outcome in Michigan v. Bay Mills.

Tenth Circuit Abates Oklahoma v. Hobia until Supreme Court Decides Michigan v. Bay Mills — Updated

Matthew L.M. Fletcher2 Comments

Here:

2013.09.05 – Order Abating

UPDATE (9/11/13) — Supplemental Briefs are here:

Kialegee Supplemental Brief

Oklahoma Supplemental Brief

Briefs are here.

Lower court materials here.

Michigan Files Amicus Brief in State of Oklahoma v. Hobia

Matthew L.M. Fletcher

Here:

State of Michigan Amicus Brief

The other opening briefs are here.

Opening Briefs in Broken Arrow Casino Appeal — UPDATED with Complete Briefing (3/4/13)

Matthew L.M. Fletcher4 Comments

Here are the Tenth Circuit briefs so far in State of Oklahoma v. Hobia:

Kialegee Tribal Town Brief

Brief Amicus Curiae State of NM (filed 1-25-13) (W1843673)

State of Michigan Amicus Brief

Filed Brief of the Appellee (1-25-13) (W1843503)

Kialegee Reply Brief

Lower court materials here.

Update in Broken Arrow Casino Litigation: Reconsideration Denied; Injunction Modified

Matthew L.M. Fletcher

Here are the additional materials in State of Oklahoma v. Hobia (N.D. Okla.):

Hobia Motion for Reconsideration

Oklahoma Opposition to Reconsideration Motion

Hobia Reply in Reconsideration Motion

DCT Order Denying Motion for Reconsideration

DCT Order Granting Modification of Injunction

Our prior post on this case is here.