Big Lagoon Rancheria v. State of California

Filing 128

ORDER APPOINTING MEDIATOR AND VACATING CASE MANAGEMENT CONFERENCE. Honorable Eugene F. Lynch (Ret.) of JAMS is apppointed as mediator. Case Management Statement due by 7/26/2011. Case Management Conference set for 8/2/2011 02:00 PM. Signed by Judge Claudia Wilken on 5/4/2011. (ndr, COURT STAFF) (Filed on 5/4/2011)

1
2
3
4
5
6
7

IN THE UNITED STATES DISTRICT COURT

8

FOR THE NORTHERN DISTRICT OF CALIFORNIA

9
United States District Court
For the Northern District of California

10

BIG LAGOON RANCHERIA, a Federally
Recognized Indian Tribe,

11
12

No. C 09-01471 CW
ORDER APPOINTING
MEDIATOR AND
VACATING CASE
MANAGEMENT
CONFERENCE

Plaintiff,
v.

13

STATE OF CALIFORNIA,

14

Defendant.
/

15
16
17

On November 22, 2010, the Court granted Plaintiff Big Lagoon

18

Rancheria’s motion for summary judgment, concluding that Defendant

19

State of California failed to negotiate with the Tribe in good

20

faith for a tribal-state gaming compact.

21

Gaming Regulatory Act (IGRA), 25 U.S.C. §§ 2701, et seq., the Court

22

directed the parties to conclude a compact within sixty days.

23

they failed to do so, the parties were each required to submit a

24

proposed compact to the Court, along with a joint proposal for a

25

mediator under 25 U.S.C. § 2710(d)(7)(B)(iv).

26

not agree on a mediator, they were instructed to file separate

27

proposals.

28

have submitted to the Court their last best offers and separate

Pursuant to the Indian

If

If the parties could

The parties were not able to conclude a compact and

1
2

proposals for a mediator.
Pursuant to 25 U.S.C. § 2710(d)(7)(B)(iv), the Court appoints

3

the Honorable Eugene F. Lynch (Ret.) of JAMS as mediator.

4

seven days of the date of this Order, the parties shall attempt to

5

retain Judge Lynch as mediator and provide him with a copy of this

6

Order.

7

parties shall immediately inform the Court.

8

Within

If the parties are not able to retain Judge Lynch, the

If Judge Lynch agrees to serve as mediator, Big Lagoon and the
State shall submit to him the proposed compacts they have lodged

10
United States District Court
For the Northern District of California

9

with the Court, as well as the Court’s November 22, 2010 Order on

11

the parties’ motions for summary judgment and any other relevant

12

prior orders of the Court.

13

proposed compacts the one which best comports with the terms of

14

[IGRA] and any other applicable Federal law and with the findings

15

and order of” this Court.

16

Lynch may schedule briefing or oral argument as he sees fit.

17

he decides, Judge Lynch shall submit to the State and the Tribe the

18

compact he selected, id. § 2710(d)(7)(B)(v), and inform the Court

19

of his selection.

20

Judge Lynch “during the 60-day period beginning on the date on

21

which the proposed compact is submitted by [Judge Lynch] to the

22

State . . . , the proposed compact shall be treated as a

23

Tribal-State compact entered into under [§ 2710(d)(3)].”

24

§ 2710(d)(7)(B)(vi).

25

shall immediately inform the Court and the State may renew its

26

motion to the stay the proceedings in this case; no further action

27

shall be taken without a further order of the Court.

28

Judge Lynch “shall select from the two

25 U.S.C. § 2710(d)(7)(B)(iv).

Judge
Once

If the State consents to the compact selected by

Id.

If the State does not so consent, the parties

2

1

The Court continues the case management conference set for May

2

10, 2011 to August 2, 2011 at 2:00 p.m.

3

date of this Order, the parties shall file on the public docket

4

their respective last best offers for a gaming compact.

5

Within three days of the

IT IS SO ORDERED.

6
7

Dated: 5/4/2011
CLAUDIA WILKEN
United States District Judge

8
9
United States District Court
For the Northern District of California

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3