Opinion
No. C 09-1471 CW
11-14-2011
BIG LAGOON RANCHERIA, a Federally Recognized Indian Tribe, Plaintiff, v. STATE OF CALIFORNIA, Defendant.
ORDER CONTINUING
CASE MANAGEMENT
CONFERENCE AND
SETTING BRIEFING
AND HEARING
SCHEDULE
On September 23, 2011, the court-appointed mediator filed an Order selecting the compact proposed by Plaintiff Big Lagoon Rancheria as the one, between the parties' two last best offers, that best comports with the terms of the Indian Gaming Regulatory Act (IGRA), other applicable Federal law and the prior findings and orders of this Court. Pursuant to 25 U.S.C. § 2710(d)(7)(B)(vi), Defendant State of California has sixty days from the date of the mediator's selection, or until November 22, 2011, to consent to the compact selected by the mediator.
The parties have represented to the Court that Defendant will not consent to the mediator-selected compact and that Defendant intends to renew its motion for a stay of proceedings in this case.
Accordingly, if Defendant does not consent to the mediator-selected compact by November 22, 2011, Defendant shall file its renewed motion for a stay of proceedings by November 23, 2011, and shall notice the motion for hearing on Thursday, January 5, 2012 at 2:00 p.m. Plaintiff's opposition to Defendant's motion, if any, shall be filed fourteen days after the motion is filed. Defendant's reply, if any, shall be filed seven days thereafter.
The case management conference, previously set for Tuesday, November 15, 2011, is hereby continued to Thursday, January 5, 2012 at 2:00 p.m., to be held along with the hearing on the motion for a stay of proceedings.
IT IS SO ORDERED.
CLAUDIA WILLKEN
United States District Judge