Big Lagoon Rancheria v. State of California

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

BIG LAGOON RANCHERIA, a Nos. 10-17803 federally recognized Indian tribe, 10-17878 Plaintiff-Appellee/ Cross-Appellant, D.C. No. 4:09-cv-01471- v. CW

STATE OF CALIFORNIA,

Defendant-Appellant/ ORDER Cross-Appellee.

Filed July 8, 2015

Before: Harry Pregerson, Stephen Reinhardt, Alex Kozinski, Diarmuid F. O’Scannlain, Susan P. Graber, William A. Fletcher, Richard A. Paez, Jay S. Bybee, Milan D. Smith, Jr., Morgan Christen and Jacqueline H. Nguyen, Circuit Judges. The opinion filed June 4, 2015, and published at — F.3d —, 2015 WL 34998884, is amended as follows:

At slip opinion page six, line eight, insert a new footnote 1 after but before as follows:

517 U.S. 44, 75 (1996), the Supreme Court held that Section 2710(d)(7) does not abrogate the states’ Eleventh Amendment sovereign immunity. California’s sovereign immunity is not implicated here, however, because the State has waived its immunity to suit in this context. See Rincon Band of Luiseno Mission Indians of Rincon…