Barona Group of the Capitan Grande Band of Mission Indians v. American Management & Amusement, Inc.

Defendant-appellant American Management & Amusement, Inc. (AMA) appeals the order granting summary judgment in favor of plaintiff-appellee Barona Group of the Capitan Grande Band of Mission Indians (Band) in this declaratory relief action involving a tribal bingo management agreement. AMA entered into an agreement with the Band to finance, construct and operate a bingo facility on the Band’s reservation. The Band filed a complaint in district court to have the agreement declared null and void under 25 U.S.C. § 81 (1982) because it did not have the approval of the Secretary of the Interior (Secretary) and the Bureau of Indian Affairs (BIA). The district court granted the Band’s motion for summary judgment and ruled the agreement was null and void under section 81.

AMA contends (1) the district court lacked jurisdiction to hear the motion for summary judgment because (a) the bankruptcy court’s automatic stay was in effect at the time, and (b) the district court did not formally withdraw its reference of the case under 28 U.S.C. § 157 (d) (Supp. Ill 1985) from the bankruptcy court, (2) the district court abused its discretion in not granting it a six-month continuance to conduct…