A Riverside tribe’s challenge against the state of California has been assigned to a Fresno judge after being temporarily stayed due to a judge shortage in the Eastern District of California.
The Oct. 12 suit alleges that the state has been bargaining with the Augustine Band of Cahuilla Indians in bad faith. The state and the tribe have been in negotiations over renewing the tribe’s tribal-state gaming compact. The compact sets labor standards for casino employees, and is required to operate certain types of gambling at their Coachella-based Augustine Casino. Their current compact, ratified in 2000, is due to expire June 30.
For relief, the Augustine Band requested that the court extend negotiations, start mediation if the parties are still at an impasse, and extend the casino’s gambling powers if the state rejects the mediator.
The case
Augustine’s counsel asserts that the state has not attempted to negotiate over 11 specific provisions the state is attempting to insert in the new compact, including a mandated binding interest arbitration between casino management and labor if no decisions can be made in collective bargaining after a 90-day period.Thirteen other tribes have also filed suit against the state over bad-faith negotiations relating to the clause proposed by the state. Most are also represented by George Forman, of Forman & Associates, Augustine’s counsel.
State’s reply
The state’s Nov. 8 reply denied the tribe’s allegations of bad faith. The state claimed the tribe did not have clean hands going into the lawsuit, and that the tribe itself was negotiating in bad faith by failing to meet in substantive negotiations. The state also argued the tribe is barred by the doctrines of waiver and estoppel, and that the Augustine Band failed to state a claim for relief.
Temporary stay then reassignment
A February 2020 standing order from U.S. District Judge Dale Drozd stated the Eastern District of California’s caseload was unmanageable, and that Drozd himself was handling two caseloads at a total of 1,050 civil cases and 625 criminal defendants, which has grown now to 1,305 civil cases and more than 745 criminal defendants. The semi-retirement of three district judges furthered the crisis. The standing order automatically stayed certain civil cases, including the Augustine case, until more judges are assigned to the bench.
Augustine’s counsel requested the case be assigned to Eastern District of California Senior Judge Anthony Ishii, and the court granted the reassignation Nov. 19. Ishii had already decided in similar cases that the state had negotiated in bad faith with five other tribes.
The state moved Nov. 19 to transfer the case to the Central District of California, and claimed that the 2000 agreement indicated the Central District was the proper federal forum. The Augustine Band opposed that transfer in an earlier document, saying a transfer to the Central District could create inconsistent decisions and delay its resolution. A hearing for the transfer between districts will be held Jan. 24.
Parties
Colin Wood, deputy attorney general, is representing the state, along with Rob Bonta, attorney general; Sara Drake, senior assistant attorney general; William Torngren, supervising deputy attorney general; and Jeremy Stevens, deputy attorney general.
George Forman, Jay Shapiro and Margaret Rosenfeld of San Rafael’s Forman & Associates are representing the Augustine Band of Cahuilla Indians.
Magistrate Judge Sheila Oberto is working with Ishii.
Read our prior coverage here
Read Augustine’s complaint here
Read the state’s reply here
