Blue Lake Rancheria, et al v. Morgenstern, et al.,

Filing 100

JUDGMENT dated *5/27/15* in favor of Blue Lake Rancheria signed by Judge John A. Mendez on 5/26/15. (Mena-Sanchez, L)

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BOUTIN JONES INC.
Robert R. Rubin (SBN 117428)
[e-mail]
Michael E. Chase (SBN 214506)
[e-mail]
555 Capitol Mall, Suite 1500
Sacramento, CA 95814-4603
Tel.: [phone]
Fax: [phone]
RAPPORT AND MARSTON
David J. Rapport (SBN 054384)
[e-mail]
405 West Perkins Street
Post Office Box 488
Ukiah, CA 95482
Tel.: [phone]
Attorneys for plaintiffs Blue Lake Rancheria, Blue Lake Rancheria Economic
Development Corp. and Mainstay Business Solutions

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BLUE LAKE RANCHERIA, a federallyrecognized Indian Tribe; BLUE LAKE
RANCHERIA ECONOMIC DEVELOPMENT
CORPORATION, a federally-chartered tribal
corporation; and MAINSTAY BUSINESS
SOLUTIONS, a federally-authorized division of
Blue Lake Rancheria Economic Development
Corporation,
Plaintiffs,
vs.

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DAVID LANIER, in his official capacity as
Secretary of the California Labor and Workforce
Development Agency; PATRICK W. HENNING.
JR., in his official capacity as Director of the
Employment Development Department of the
State of California (“EDD”); PAM HARRIS,
individually and in her official capacity as Chief
Deputy Director of the EDD; JACK BUDMARK,
individually and in his official capacity as a
Deputy Director of the Tax Branch of the EDD;
TALBOTT SMITH, individually and in his
official capacity as a Deputy Director of the
Unemployment Branch of the EDD; KATHY
DUNNE, individually and in her official capacity
as a Senior Tax Compliance Representative of
EDD; SARAH REECE, individually and in her
official capacity as an Authorized Representative
of the EDD,

) Case No.: 2:11-cv-01124-JAM-JFM
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) JUDGMENT IN FAVOR OF BLUE
) LAKE RANCHERIA
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-1[PROPOSED] JUDGMENT IN FAVOR OF BLUE LAKE RANCHERIA
705537.3

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Defendants.
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UNITED STATES,
Intervenor.

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JUDGMENT IS HEREBY ENTERED AS FOLLOWS:

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It is DECLARED that the sovereign immunity of the Blue Lake Rancheria (“Tribe”) bars

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Defendants’ collection actions against the Tribe to enforce the unemployment compensation

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obligations arising from the operations of Mainstay Business Solutions, which collection actions

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unlawfully encumbered tribal lands and other tribal assets, both on and off reservation, without

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consent of the Tribe.

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Defendants, including any of their officers, subordinates, agents and employees, and all

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persons acting under, for or in concert with them, are PERMANENTLY ENJOINED and shall

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refrain from all collection activities against the Tribe, including without limitation (a) issuing any

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levies on the Tribe's assets, (b) placing any liens on the Tribe's assets, and (c) issuing any

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subpoenas, including, but not limited to, subpoenas directed to third-parties, seeking information

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concerning the Tribe's assets, and filing any administrative or judicial proceedings naming as

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adverse parties the Tribe or its officers or employees in their official capacities, to enforce the

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unemployment compensation obligations arising out of the operation of Mainstay Business

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Solutions under EDD Employer Account No. 935-0616-0.

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There being no just reason for delay, this judgment shall be final pursuant to Federal Rule of
Civil Procedure 54(b).

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Dated:

5/26/2015

/s/ John A. Mendez_________________
The Honorable John A. Mendez
UNITED STATES DISTRICT JUDGE

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[PROPOSED] JUDGMENT IN FAVOR OF BLUE LAKE RANCHERIA
705537.3

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Approved as to form:

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Kamala D. Harris
Attorney General of California
Molly K. Mosley
Supervising Deputy Attorney General

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By: /s/

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Jill Bowers
Deputy Attorney General

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Attorneys for Defendants David Lanier,
Patrick W. Henning. Jr., Pam Harris,
Jack Budmark, Talbott Smith,
Kathy Dunne and Sarah Reece

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-3[PROPOSED] JUDGMENT IN FAVOR OF BLUE LAKE RANCHERIA
705537.3