Cachil Dehe Band of Wintun Indians of the Colusa Indian Community 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 reconsideration, pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, of the court’s April 22, 2009 Memorandum and Order, 629 F.Supp.2d 1091 (E.D.Cal.2009) (the “April 22 Order”), granting in part and denying in part the parties’ motions for summary judgment and motion for judgment on the pleadings as to six of the seven claims at issue in this litigation. Specifically, defendants seek reconsideration of the court’s determination of plaintiffs’ claims regarding the size of the Gaming Device license pool under the 1999 Compact. Plaintiff Cachil Dehe Band of Wintun Indians of the Colusa Indian Community (“Colusa”) and plaintiff-intervenor Picayune Ranchería of the Chukchansi Indians’ (“Picayune”) (collectively, “plaintiffs”) oppose the motions. For the reasons set forth herein, defendants’ motion is DENIED.

BACKGROUND

Plaintiff Colusa is an American Indian Tribe with a governing body duly recognized by the Secretary of the Interior. Plaintiff-intervenor…