Big Sandy Band of Western Mono Indians v. Newsom, et al

Filing 36

ORDER re Joint Stipulation to stay proceedings pending approval of Tribal-State Class III Gaming Compact 35 signed by Magistrate Judge Sheila K. Oberto on 2/6/2024. (Lundstrom, T)

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JOHN M. PEEBLES, State Bar No. 237582
PATRICK R. BERGIN, State Bar No. 269672
MICHAEL A. ROBINSON, State Bar No. 214666
TIM HENNESSY, State Bar No. 233595
STEVEN J. BLOXHAM, State Bar No. 96384
PEEBLES KIDDER BERGIN & ROBINSON LLP
2020 L Street, Suite 250
Sacramento, CA 95811
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Plaintiff

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ROB BONTA
Attorney General of California
T. MICHELLE LAIRD
Acting Senior Assistant Attorney General
NOEL A. FISCHER, State Bar No. 232553
B. JANE CRUE, State Bar No. 210122
Deputy Attorneys General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BIG SANDY BAND OF WESTERN MONO
INDIANS, a federally recognized Indian
tribe,

JOINT STIPULATION TO STAY
PROCEEDINGS PENDING APPROVAL
Plaintiff, OF TRIBAL-STATE CLASS III
GAMING COMPACT; ORDER

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1:22-cv-00844-NODJ-SKO

v.
(Doc. 35)

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GAVIN NEWSOM, Governor of the State
of California; and the STATE OF
CALIFORNIA,

Judge:
NODJ
Action Filed: July 8, 2022

Defendants.

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Joint Stip. to Stay Proceedings Pending Approval of Tribal-State Class III
Gaming Compact; Order (1:22-cv-00844-NODJ-SKO)

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Pursuant to the United States District Court, Eastern District of California Local Rules,

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Rule 143, Plaintiff Big Sandy Band of Western Mono Indians, a federally recognized Indian

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Tribe (Tribe), and Defendant Gavin Newsom, in his official capacity as Governor of the State of

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California, and Defendant State of California (collectively, State Defendants), stipulate as

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follows:

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Whereas, pursuant to stipulation, the Tribe and State Defendants (collectively, the Parties)

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were ordered to proceed to the remedial process set forth in the Indian Gaming Regulatory Act,

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25 U.S.C. § 2710(d)(7)(B)(iii)-(vii). ECF No. 33.

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Whereas, pursuant to this remedial process, the parties engaged in negotiations for a new
tribal-state class III gaming compact.
Whereas, these negotiations resulted in agreement on the terms of a new tribal-state class
III gaming compact between the Parties.

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Whereas, as of January 16, 2024, the Tribe and the Governor have executed the Tribal-State

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Gaming Compact Between the State of California and the Big Sandy Rancheria of Western Mono

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Indians of California (Compact).

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Whereas, under State law, the Compact must now be ratified by the California Legislature.
Cal. Const. art. IV, § 19(f); see Cal. Gov’t Code § 12012.25(c)-(e).
Whereas, following ratification by the California Legislature, the Compact can only take

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effect pursuant to the Indian Gaming Regulatory Act, 18 U.S.C. §§ 1166-1167, 25 U.S.C. §§

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2701-2721, when notice of approval (or notice that the compact has been allowed to go into effect

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because it has not been disapproved within forty-five days of its submission) has been published

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in the Federal Register by the Secretary of the Department of the Interior (Secretary). 25 U.S.C. §

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2710(d)(3)(B) & (8)(D).

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Whereas, the Parties believe a stay of this action until the Compact has completed the
ratification and approval process will conserve the resources of the Court and the Parties.
Whereas, the Parties request that this action be stayed until the Compact ratification and
approval process is completed.
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Joint Stip. to Stay Proceedings Pending Approval of Tribal-State Class III
Gaming Compact; Order (1:22-cv-00844-NODJ-SKO)

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Whereas, the Parties intend to provide a joint stipulation of dismissal within fourteen (14)

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days following the completion of the Compact ratification and approval process when the

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Secretary has published notice of approval (or notice that the Compact has been allowed to go

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into effect because it has not been disapproved within forty-five days of its submission) in the

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Federal Register.

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IT IS HEREBY STIPULATED and respectfully requested by the Parties that the Court
continue the stay in this matter until the Compact ratification and approval process is completed.
IT IS FURTHER STIPULATED and respectfully requested by the Parties that the Court
order the Parties to submit a joint stipulation of dismissal within fourteen (14) days following
completion of the ratification and approval process of the Compact.
RESPECTFULLY SUBMITTED this 5th day of February, 2024.

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Dated: February 5, 2024

Respectfully submitted,
ROB BONTA
Attorney General of California
T. MICHELLE LAIRD
Acting Senior Assistant Attorney General
NOEL A. FISCHER
Deputy Attorney General

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/s/ B. Jane Crue
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B. JANE CRUE
Deputy Attorney General
Attorneys for Defendants

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Dated: February 5, 2024

PEEBLES KIDDER BERGIN AND ROBINSON
LLP

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/s/ Patrick R. Bergin (As authorized on 02/05/2024)
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PATRICK R. BERGIN
Attorneys for Plaintiff

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Joint Stip. to Stay Proceedings Pending Approval of Tribal-State Class III
Gaming Compact; Order (1:22-cv-00844-NODJ-SKO)

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ORDER

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Pursuant to the Joint Stipulation to Stay Proceedings Pending Approval of Tribal-State Class

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III Gaming Compact, filed on February 5, 2024 (Doc. 35), this Court hereby orders the following:

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1.

All proceedings in this matter will be stayed until the January 16, 2024 Tribal-State

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Gaming Compact Between the State of California and the Big Sandy Rancheria of

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Western Mono Indians of California (Compact) has completed the state and federal

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ratification and approval process;

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2.

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file a joint status report advising the Court of the status of the ratification and approval

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Within 90 days of the date of this order, and every 90 days thereafter, the parties shall

process; and
3.

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The Parties shall submit to the Court a joint stipulation of dismissal within fourteen
(14) days following completion of the ratification and approval process of the Compact.

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IT IS SO ORDERED.
Dated:

/s/ Sheila K. Oberto

February 6, 2024

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UNITED STATES MAGISTRATE JUDGE

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Joint Stip. to Stay Proceedings Pending Approval of Tribal-State Class III
Gaming Compact; Order (1:22-cv-00844-NODJ-SKO)