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Cachil Dehe Band of Wintun Indians of the Colusa Indian Cmty. v. California

Cachil Dehe Band of Wintun Indians of the Colusa Indian Cmty. v. California

United States District Court for the Eastern District of California

August 11, 2009, Decided

NO. CIV. S-04-2265 FCD KJM (Consolidated Cases)

Opinion

 [*1065]  This matter is before the court on defendants State of California, California Gambling Control Commission (the "Commission" or "CGCC"), and Governor Arnold Schwarzenegger's (collectively, the "defendants") motion for reconsideration, pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, 1 of the court's April 22, 2009 Memorandum and Order (the "April 22 Order"), granting in part and denying in part the parties' motions for summary judgment and motion for judgment on the pleadings as to six of the seven claims at issue in this litigation. Specifically, defendants seek reconsideration of the court's determination of plaintiffs' claims regarding the size of the Gaming Device license pool under the 1999 Compact. Plaintiff Cachil Dehe Band of Wintun Indians of the Colusa Indian Community ("Colusa") and plaintiff-intervenor Picayune Rancheria of the Chukchansi Indians' ("Picayune") (collectively, "plaintiffs") oppose the motions. For the reasons set forth herein, 2 defendants' motion is DENIED.

BACKGROUND

Plaintiff Colusa is an American Indian Tribe with a governing body duly recognized by the Secretary of the Interior. Plaintiff-intervenor Picayune is also a federally recognized Indian tribe. Colusa and Picayune entered into similar Class III Gaming Compacts (the "Compacts" or "Compact") with the State of California (the "State") in 1999, which were ratified by the Legislature on September 10, 1999; both Colusa and Picayune's Compacts have been in effect since May 16, 2000. 55 other tribes (the "Compact Tribes") also executed virtually identical compacts with the State. At their core, these compacts authorize Class III gaming pursuant  [**4] to certain restrictions.

The Compact sets a statewide maximum on the number of Gaming Devices that all Compact Tribes may license in the aggregate. (Id.) This statewide maximum is determined by a formula set forth in the Compact. (Id.; PUF P 3.) Specifically, the Compact provides:

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649 F. Supp. 2d 1063 *; 2009 U.S. Dist. LEXIS 75932 **

CACHIL DEHE BAND OF WINTUN INDIANS OF THE COLUSA INDIAN COMMUNITY, a federally recognized Indian Tribe, Plaintiff, PICAYUNE RANCHERIA OF THE CHUKCHANSI INDIANS, a a federally recognized Indian Tribe, Plaintiff in Intervention, v. STATE OF CALIFORNIA; CALIFORNIA GAMBLING CONTROL COMMISSION, an agency of the State of California; and ARNOLD SCHWARZENEGGER, Governor of the State of California, Defendants.

Subsequent History: Judgment entered by Cachil Dehe Band of Wintun Indians v. California, 2009 U.S. Dist. LEXIS 77757 (E.D. Cal., Aug. 19, 2009)

Prior History: Cachil Dehe Band of Wintun Indians v. California, 629 F. Supp. 2d 1091, 2009 U.S. Dist. LEXIS 37521 (E.D. Cal., 2009)

CORE TERMS

Compact, tribes, Gaming, negotiations, license, pool, parties, discovery, statewide, defendants', reconsideration, documents, machines, tribal, equation, maximum, reconsideration motion, present evidence, aggregate, limits, newly, summary judgment motion, dispositive motion, due diligence, plaintiffs', authorize, asserts

Civil Procedure, Pretrial Matters, Continuances, Summary Judgment, Opposing Materials, General Overview, Judgments, Relief From Judgments, Altering & Amending Judgments, Entry of Judgments, Multiple Claims & Parties, Evidence, Burdens of Proof, Allocation, Grounds for Relief from Final Judgment, Order or Proceeding, Newly Discovered Evidence