Pauma Band of Luiseno Mission Indians v. California, No. 18-56457 (9th Cir. 2020)
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During negotiations for a new tribal-state compact between the Pauma Band of Luiseno Mission Indians and California, Pauma sought authorization to offer on-track horse racing and wagering and an expanded set of lottery games. The parties met and corresponded. In 2015, Pauma triggered the 1999 Compact’s dispute resolution process. In January 2016, the state confirmed its agreement to renegotiate the 1999 Compact in full and told Pauma that it “look[ed] forward” to receiving a draft compact from Pauma with Pauma’s “plans for on-track betting.” Rather than propose a draft compact or disclose any information about the on-track facility, Pauma notified the state that it wanted to separately negotiate each item of the compact and proposed modifications to the 1999 Compact’s lottery game language. California rejected Pauma’s piecemeal negotiation approach, rejected Pauma’s lottery game language, and advised that it would send a “complete draft compact to guide our future discussions.” The subsequent 140-page draft addressed a broad array of topics. Pauma never responded but filed suit.
The district court held that California satisfied its obligation to negotiate in good faith under the Indian Gaming Regulatory Act, 25 U.S.C. 2701. The Ninth Circuit affirmed. The state agreed to negotiate for the new types of class III gaming that Pauma sought authorization to offer, actively engaged in the negotiations, and remained willing to continue the negotiations when Pauma filed the litigation.
Court Description: Indian Gaming Regulatory Act. The panel affirmed the district court’s partial grant of summary judgment in favor of the State of California and the Governor of the State of California, defendants in an action arising from negotiations for a new tribal-state compact between the State and the Pauma Band of Luiseno Mission ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). *** The Honorable Yvonne Gonzalez Rogers, United States District Judge for the Northern District of California, sitting by designation. PAUMA BAND OF LUISENO MISSION INDIANS V. STATE OF CAL. 3 Indians of the Pauma and Yuima Reservation for class III gaming under the Indian Gaming Regulatory Act. The panel agreed with the district court that the State satisfied its obligation to negotiate in good faith under IGRA because the State agreed to negotiate for the new types of class III gaming that Pauma sought authorization to offer at its casino, actively engaged in the negotiations, and remained willing to continue the negotiations when Pauma filed this litigation.
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