Eastern District of California – Page 13

Plaintiffs, WALTER ROSALES and KAREN TOGGERY are Native American residents of San Diego County of one-half or more degree of California Indian blood, and former leaders of the half-blood Indian community, known as the Jamul Indian Village, “JIV,” who until recently lived on the Indian cemetery in Jamul, where their families have lived since the late 1800’s. Rosales and Toggery own and control their families’ human remains and funerary objects that were interred in burial sites below, on, and above the Indian cemetery. Those remains and objects have been feloniously disinterred and desecrated by the Defendants in a race to illegally build a casino on the U.S. government’s portion of the Indian cemetery property before they are stopped and the law is enforced.

Federal Court Denies Motion for Preliminary Injunction to Stop Jamul Indian Village Casino Project

May 21, 2015Matthew L.M. Fletcher1 Comment

Here is the order in the case now captioned Jamul Action Committee v. Chaudhuri (E.D. Cal.):

93 DCT Order Denying Injunction

Pleadings and prior orders here.

Blue Lake Rancheria Prevails in Unemployment Tax Dispute

May 14, 2015Matthew L.M. Fletcher1 Comment

Here are the materials in Blue Lake Rancheria v. Lanier (E.D. Cal.):

82-1 Blue Lake Motion for Summary J

92 Opposition

94 Blue Lake Statement of Material Facts

94-1 Blue Lake Reply

98 DCT Order

Prior decisions in this matter are here and here.

Update in Jamul Action Committee v. Chaudhuri

April 20, 2015Matthew L.M. Fletcher1 Comment

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

60-1 Jamul Action Committee Motion for PI

62 Tribal Opposition to Motion for PI

63 NIGC Opposition to Motion for PI

67 Jamul Action Committee Reply

75-1 Rosales & Toggery Motion to File Amicus

75-2 Rosales & Toggery Amicus Brief

83 Tribal Opposition

84 NIGC Opposition

92 DCT Order Denying Amicus Motion

Previous postings here and here.

North Fork Rancheria Sues California Alleging Violation of IGRA Good Faith Negotiation Obligation

March 26, 2015Matthew L.M. Fletcher2 Comments

Here is the complaint in North Fork Rancheria of Mono Indians of California v. State of California (E.D. Cal.):

1 Complaint

An excerpt:

The Indian Gaming Regulatory Act (“IGRA”) requires states, upon request by an Indian tribe, to “negotiate with the Indian tribe in good faith to enter into” “a Tribal-State compact governing the conduct of gaming activities” on the tribe’s “Indian lands.” 25 U.S.C. § 2710(d)(3)(A). IGRA also confers jurisdiction on this Court over “any cause of action initiated by an Indian tribe arising from the failure of a State to enter into negotiations with the Indian tribe for the purpose of entering into a Tribal-State compact under paragraph (3) or to conduct such negotiations in good faith.” Id. § 2710(d)(7)(A)(i). This action is brought pursuant to § 2710(d)(7)(A)(i) and seeks a declaration that Defendant the State of California (“the State” or “California”) has failed to comply with § 2710(d)(3)(A)’s requirement that the State negotiate in good faith with Plaintiff North Fork Rancheria of Mono Indians of California (“the Tribe”) to enter into an enforceable tribal-state gaming compact, and an order directing the State to conclude an enforceable compact with the Tribe within 60 days or submit to mediation, see id. § 2710(d)(7)(B)(iii)-(iv).