District of New Mexico – Page 13

The Pueblo and the State previously negotiated a Class III gaming compact that expired on June 30, 2015. The Pueblo formally requested that the State enter into a compact regarding the Pueblo’s Class III gaming activities on its Indian lands beyond the expiration of the current compact. More than 180 days have expired since the Pueblo made its initial request. Accordingly, the Pueblo now seeks a determination by this Court that the State has failed to conclude negotiations in good faith. With that determination, the Court has jurisdiction to invoke IGRA’s remedies that will result in a negotiated compact, or submission of last best offers to a mediator (“baseball arbitration”), and/or procedures promulgated by the Secretary of the Interior to govern the Pueblo’s Class III gaming activities.

Tenth Circuit Reverses Dismissal of Pueblo of Jemez Aboriginal Title Land Claim

June 26, 2015Matthew L.M. Fletcher1 Comment

Here is the opinion:

13-2181

Briefs are here.

Decision in Navajo Health Foundation — Sage Memorial Hospital, Inc. v. Burwell

June 24, 2015Matthew L.M. Fletcher1 Comment

Here are the materials in Navajo Health Foundation – Sage Memorial Hospital, Inc. v. Burwell (D. N.M.):

27 Sage Motion for Summary J

48 IHS Response

53 Sage Reply

73 DCT Opinion

From the opinion:

Finally, the Court will grant the MSJ on two grounds. First, the Court will deem the Claim denied, because Dayish has not given Sage Hospital a “date certain” by which he will decide the Claim; rather, he conditioned his October 21, 2015, deadline upon Sage Hospital’s cooperation. Second, even if Dayish had given Sage Hospital a date certain by which he will decide the Claim, his proposed fourteen-month period for deciding the Claim is unreasonably long under the CDA. [4] Accordingly, even if the Court did not deem the Claim already denied, it would order Dayish to approve or deny the Claim by July 25, 2015.