Opinion
1:19-CV-0024 AWI SKO
06-08-2022
CHICKEN RANCH RANCHERIA OF ME-WUK INDIANS, BLUE LAKE RANCHERIA, CHEMEHUEVI INDIAN TRIBE, HOPLAND BAND OF POMO INDIANS, and ROBINSON RANCHERIA Plaintiffs, v. GAVIN NEWSOM, Governor of California, and STATE OF CALIFORNIA, Defendants.
ORDER SELECTING RAUL A. RAMIREZ AS MEDIATOR PURSUANT TO 25 U.S.C. § 2710(D)(7)(B)(IV); REQUIRING THE PARTIES TO SUBMIT THEIR LAST BEST OFFERS FOR A COMPACT; AND DENYING EX PARTE APPLICATIONS FOR SHORTENING TIME
(DOCS. 102 AND 103)
The parties have jointly agreed to retired United States District Court Judge Raul A. Ramirez as the mediator pursuant to 25 U.S.C. § 2710(d)(7)(B)(iv). Docs. 108 and 109.
Within 10 days of this order, each party is directed to submit to the mediator “a proposed compact that represents their last best offer for a compact.” 25 U.S.C. § 2710(d)(7)(B)(iv). The mediator “shall select from the two proposed compacts the one which best comports with the terms of [IGRA], ... any other applicable Federal law[, ] and with the findings and order (Doc. 77) of th[is] court.” Id. Once the mediator selects a compact as directed, he “shall submit [the selected compact] to the State and the Indian tribe.” Id. at § 2710(d)(7)(B)(v). “If [the] State consents to a proposed compact during the 60-day period beginning on the date on which the proposed compact is submitted by the mediator to the State under clause (v), the proposed compact shall be treated as a Tribal-State compact entered into under [§ 2710(d)](3).” Id. at § 2710(d)(7)(B)(vi). “If the State does not consent during the 60-day period described [above] to [the] proposed compact submitted by [the mediator to the State], [he] shall notify the Secretary” of the Interior. Id. at § 2710(d)(7)(B)(vii). The Secretary of the Interior, in consultation with the Tribe, shall then prescribe procedures for operation of class III gaming by the Tribe that are consistent with the compact selected by the mediator, the provisions of IGRA, and the laws of the State. Id.
IT IS SO ORDERED.