State of California v. Paskenta Band of Nomlaki Indians

Paskenta Gaming Injunction Case Voluntarily Dismissed

October 30, 2014Matthew L.M. Fletcher

Here are the new materials in State of California v. Paskenta Band of Nomlaki Indians (E.D. Cal.):

32 California Motion for Dismissal without Prejudice

34 Paskenta Notice of Voluntary Dismissal

36 DCT Order Modifying Injunction

37 DCT Order Dismissing Case

We posted on this case here, here, here, and here.

Federal Court Issues Stipulated Injunction in California v. Paskenta Band

July 8, 2014Matthew L.M. Fletcher1 Comment

Here:

30 DCT Order Granting Injunction

An excerpt:

On July 7, 2014, the court was prepared to hear arguments regarding the entry of a preliminary injunction and whether the court should enter a broader injunction than requested by plaintiff with respect to class III gaming activity on Indian lands of the Paskenta Band of Nomlaki Indians. At the beginning of the hearing, the parties informed the court they had reached a stipulation to entry of a preliminary injunction in substantially the same form as the temporary restraining order entered in this action on June 18, 2014. The parties also advised that upon entry of the preliminary injunction order, they agreed to a stay of all further litigation pending a status conference in October 2014.

Materials here, here, and here.

More Filings in California v. Paskenta Band

July 1, 2014Matthew L.M. Fletcher2 Comments

Here are additional filings in State of California v. Paskenta Band of Nomlaki Indians (E.D. Cal.):

22 – Paskenta Band of Nomlaki Indians’ Third Party Complaint

23 – Paskenta Band of Nomlaki Indians’ Supplemental Briefing in Support of Enjoining Class II Gaming Activity

23-1 – Second Declaration of Vice Chairman David Swearinger

24 – Plaintiff’s Request for Preliminary Injunction and Opposition to Enjoining Class II Gaming Activity

26 – Opposition to Supplemental Brief Regarding Expansion of Existing Injunctive Relief

26-1 – Declaration of Andrew Freeman Re Opposition to Supplemental Brief Regarding Expansion of Existing Injunctive Relief

26-2 – Declaration of Bob Cloud Re Opposition to Supplemental Brief Regarding Expansion of Existing Injunctive Relief

Prior posts here and here.

Federal Court Issues TRO in Paskenta Leadership Dispute to Prevent Disturbance of Gaming Operations

June 19, 2014Matthew L.M. Fletcher3 Comments

Here are the updated materials in State of California v. Paskenta Band of Nomlaki Indians (E.D. Cal.):

8 Response to Motion for TRO

12 Supplemental Authority

13 Supplemental Authority

14 Supplemental Authority

18 DCT Order Granting TRO

An excerpt:

Based upon the forgoing findings of fact and conclusions of law, and good cause appearing, it is hereby ordered that the State’s motion for a temporary restraining order is GRANTED without requiring the State to post security, and that the Tribe, and all of its officers, agents, servants, employees and attorneys and all persons acting under the Tribe’s direction and control, including both factions or groups currently claiming to constitute the tribal government, are hereby ENJOINED AND RESTRAINED from:

1. Attempting to disturb, modify or otherwise change the circumstances currently in effect with respect to operation of the Rolling Hills Casino in Corning, California.

2. Deploying any armed personnel of any nature within 100 yards from the Casino, the property on which the Casino is located, and tribal properties surrounding the Casino including the nearby hotels, gas station, and RV park (collectively, Tribal Properties).

3. Possessing, carrying, displaying, or otherwise having firearms on the Tribal Properties. This order will remain in effect until 6 p.m. on July 2, 2014 unless modified by the court before then, or extended by the court to continue in effect thereafter. FED. R. CIV. P. 65(b)(2).

At the preliminary injunction hearing on June 30, 2014, the court will entertain further argument regarding whether the court should enter a broader injunction preventing any class III gaming activity on Paskenta lands. 25 U.S.C. § 2710(d)(7)(A)(ii). Any supplemental briefing advancing this position must be filed by June 23, and any opposition briefing by June 27; no brief shall exceed 20 pages.