Redding Rancheria v. Salazar et al

Filing 36

ORDER REMANDING CASE. Pursuant to the Ninth Circuit's mandate 34 and opinion 33 the case is remanded to the Department of the Interior to consider the Tribe's proposal. Signed by Judge Samuel Conti on March 24, 2015. (sclc2, COURT STAFF) (Filed on 3/24/2015)

1
2
3

IN THE UNITED STATES DISTRICT COURT

4

FOR THE NORTHERN DISTRICT OF CALIFORNIA

5
REDDING RANCHERIA,

6

Plaintiff,

7
v.

8

United States District Court

For the Northern District of California

9

SALLY JEWELL, in her official
capacity as the Secretary of the
United States Department of the
Interior, and KEVIN K. WASHBURN,
in his official capacity as the
Assistant Secretary for Indian
Affairs for the United States
Department of the Interior,1

10
11
12
13
14

Defendants.

15

) Case No. 11-1493 SC
)
) ORDER REMANDING TO
) DEPARTMENT OF THE INTERIOR
)
)
)
)
)
)
)
)
)
)
)
)
)

16
17

On March 20, 2015 the Court received the mandate of the Ninth

18

Circuit in the above-captioned case.

19

mandate and opinion of the Ninth Circuit, ECF No. 33 ("Opinion")

20

affirmed in part and reversed in part the Court's order granting

21

summary judgment to Defendants Sally Jewell and Kevin K. Washburn.

22

ECF No. 34 ("Mandate").

23

the Court's judgment "insofar as it upholds the Secretary's denial

24

of the Tribe's application to operate multiple casinos on restored

25

lands."

26

however, with instructions to "remand to the agency for

Opinion at 18.

ECF No. 34 ("Mandate").

Specifically, the Ninth Circuit affirmed

The judgment was reversed in part,

27
1

28

The

Secretary Jewell and Assistant Secretary Washburn are
automatically substituted for their predecessors pursuant to
Federal Rule of Civil Procedure 25(d).

1

consideration of the Tribe's proposal to close its existing gaming

2

operation upon construction of a new facility."

3

Id. at 18-19.

Accordingly, consistent with the Ninth Circuit's mandate and

4

opinion, this case is REMANDED to the Department of the Interior to

5

consider the Tribe's proposal.

6
7

IT IS SO ORDERED.

8
9

United States District Court

For the Northern District of California

10

Dated: March 24, 2015
UNITED STATES DISTRICT JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2