CACHIL DEHE BAND OF WINTUN INDIANS v. California

This matter is before the court on defendants State of California, California Gambling Control Commission (the “Commission” or “CGCC”), and Governor Arnold Schwarzenegger’s (collectively, the “defendants”) motion for judgment on the pleadings against plaintiff Cachil Dehe Band of Wintun Indians of the Colusa Indian Community (“Colusa”), defendants’ motion for partial summary judgment against Colusa, Colusa’s motion for summary judgment, defendants’ motion to dismiss plaintiff-intervenor Picayune Ranchería of the Chukchansi Indians’ (“Picayune”) complaint, defendants’ motion for summary judgment against Picayune, and Picayune’s joinder in Colusa’s motion for summary judgment. The court heard oral argument on the motions on February 20, 2009. The court allowed the parties to submit supplemental briefing regarding the size of the statewide license pool under the 1999 Compact, the last of which was filed on April 8, 2009.

BACKGROUND

Plaintiff Colusa is an American Indian Tribe with a governing body duly recognized by the Secretary of the Interior. (Pis’ Compl. (“Compl.”), filed Oct. 25, 2004, ¶ 2). Plaintiff-intervenor Picayune is also a federally recognized Indian tribe. (Compl. in…