Pauma Band of Luiseno Misson Indians of the Pauma & Yuima Reservation v. California

ORDER

This case is remanded to the district court for reconsideration of all four of the Winter factors (see Winter v. Natural Res. Def Council, 555 U.S. 7 , 129 S.Ct. 365, 374 , 172 L.Ed.2d 249 (2008)), and to reanalyze them in light of our recent decisions in Alliance for Wild Rockies v. Cottrell, 622 F.3d 1045 (9th Cir.2010) (amended Sept. 22, 2010) (articulating a postWmier “sliding-scale” test), and Cachil Dehe Band of Wintun Indians of the Colusa Indian Cmty. v. California, 618 F.3d 1066 (9th Cir.2010) (altering the Eastern District Court of California’s interpretation of the IGRA Compact formula for determining the total number of Class III gaming licenses at issue). If upon reconsideration the district court determines injunctive relief is warranted, it must justify any alteration of the status quo. See Tanner Motor Livery, Ltd. v. Avis, Inc., 316 F.2d 804 (9th Cir.1963).

Should there be another challenge to the district court’s decision on remand regard ing the propriety of continuing injunctive relief, the district court is directed to expeditiously proceed to address the merits of the underlying Compact litigation during the pendency of any further interlocutory…