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)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?