In Re Indian Gaming Related Cases

Richard G. McCracken, J. Thomas Bowen, Elizabeth A. Lawrence, Davis, Cowell & Bowe, San Francisco, CA, Art Bunce, Law Office of Art Bunce, Escondido, CA, Amicus Curiae.

AMENDED ORDER DENYING COYOTE VALLEY'S MOTION FOR AN ORDER PURSUANT TO 25 U.S.C. §§ 2710 (d)(7)(B)(iii) and (iv)

WILKEN, District Judge.

This complaint was filed pursuant to the Indian Gaming Regulatory Act (IGRA), 25 U.S.C. §§ 2701-2721 . Plaintiff Coyote Valley Band of Pomo Indians (Coyote Valley) moves for an order requiring Defendant State of California to negotiate with it pursuant to 25 U.S.C. § 2710 (d)(7)(B)(iii) and (iv). The State opposes the motion. A hearing on the motion was held on February 25, 2000. Having considered all of the papers filed by the parties and oral argument on the motion, the Court denied the motion. This Amended Order supersedes the order previously filed on August 22, 2000.

The State and many Indian tribes have been negotiating for several years over the tribes' right to conduct gaming operations in the State. The negotiations have spawned numerous lawsuits, including many filed in this district. In October, 1999, the State and most of the tribes signed gaming compacts. Coyote…