Opinion

Yocha Dehe Wintun Nation v. Edmund G. Brown, Jr.

Court
District Court, E.D. California
Filed
Sep 9, 2019
Cited by
0 cases
Authority
More cited than 17.3%

The opinion

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8 UNITED STATES DISTRICT COURT

9 EASTERN DISTRICT OF CALIFORNIA

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11 YOCHA DEHE WINTUN NATION, No. 2:19-cv-00025-JAM-AC

VIEJAS BAND OF KUMEYAAY

12 INDIANS, and SYCUAN BAND OF

THE KUMEYAAY NATION,

13 ORDER DENYING THE CALIFORNIA

Plaintiffs, GAMING ASSOCIATION’S MOTION FOR

14 RECONSIDERATION

v.

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GAVIN NEWSOM, Governor of

16 California, and the STATE OF

CALIFORNIA,

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Defendants.

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19 On January 3, 2019, the Yocha Dehe Wintun Nation, Sycuan

20 Band of the Kumeyaay Nation, and Viejas Band of Kumeyaay Indians

21 (collectively “Plaintiffs” or “Tribes”) filed a complaint against

22 the State of California and Governor Gavin Newsom (collectively

23 “Defendants”). Compl., ECF No. 1. Plaintiffs alleged Defendants

24 breached their Tribal-State Compacts and the covenants of good

25 faith and fair dealing implied therein. See Compl. ¶¶ 124-135.

26 Shortly thereafter, Defendants filed a motion to dismiss, and the

27 California Gaming Association (“CGA”) filed a motion to

28 intervene. Defs.’ Mot. to Dismiss, ECF No. 17; CGA’s Mot. to

1 Intervene, ECF No. 11. The Court granted Defendants’ motion to

2 dismiss, finding Plaintiffs failed to state a claim upon which

3 relief could be granted. Order, ECF No. 29. Absent a pending

4 case or controversy, the Court sua sponte denied CGA’s motion to

5 intervene as moot.

6 CGA now contends the Court must reconsider its prior order.1

7 Mot. for Reconsideration (“Mot.”), ECF No. 31. Plaintiffs oppose

8 the motion. Opp’n, ECF No. 41. Defendants do not. Statement of

9 Non-opp’n, ECF No. 42. For the reasons set forth below, the

10 Court DENIES CGA’s motion for reconsideration.

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12 I. OPINION

13 A. Legal Standard

14 Federal Rule of Civil Procedure 59(e) allows parties to

15 file a motion “to alter or amend a judgement” within 28 days of

16 entry of judgment. Fed. R. Civ. Proc. 59(e). Rule 59(e)

17 “offers an extraordinary remedy, to be used sparingly in the

18 interests of finality and conservation of judicial resources.”

19 Carroll v. Nakatani, 342 F.3d 934, 945 (9th Cir. 2003).

20 “[A]bsent highly unusual circumstances,” a district court will

21 not grant a motion for reconsideration unless (1) it is

22 presented with newly discovered evidence; (2) the Court

23 committed clear error; or (3) there was an intervening change in

24 the controlling law. 389 Orange Street Partners v. Arnold, 179

25 F.3d 656, 665 (9th Cir. 1999). Parties may not use Rule 59(e)

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27 1 This motion was determined to be suitable for decision without

oral argument. E.D. Cal. L.R. 230(g). The hearing was

28 scheduled for August 13, 2019.

1 motions “to raise arguments . . . for the first time when they

2 could reasonably have been raised earlier in the litigation.”

3 Kona Enters v. Estate of Bishop, 229 F.3d 877, 890 (9th Cir.

4 2000).

5 B. Analysis

6 CGA argues the Court committed clear error in light of

7 Allied Concrete & Supply Co. v. Baker, 904 F.3d 1053, 1066 (9th

8 Cir. 2018); W. Coast Seafood Processors Ass’n v. NRDC, 643 F.3d

9 701, 704 (9th Cir. 2011); Canatella v. California, 404 F.3d 1106,

10 1109 n.1 (9th Cir. 2005); and United States v. Ford, 650 F.2d

11 1141, 1143 (9th Cir. 1981). CGA interprets these cases to stand

12 for the proposition that dismissal of a case does not moot a non-

13 party’s motion to intervene so long as a party “kept the

14 underlying action alive by filing a notice of appeal.” Mot. at 1

15 (quoting Canatella, 404 F.3d at 1109 n.1). The Court does not

16 agree with CGA’s reading of these cases.

17 The procedural posture of this case materially distinguishes

18 it from Allied Concrete & Supply Co., W. Coast Seafood Processors

19 Ass’n, Canatella, and Ford. The district courts in those cases

20 denied proposed-intervenors’ motions to intervene on non-mootness

21 grounds. The proposed intervenors appealed. Subsequently, the

22 underlying actions were dismissed—either voluntarily or by court

23 order. The proposed intervenors’ pending appeals raised the

24 question of whether dismissal of the underlying suits mooted the

25 appeals. In W. Coast Seafood Processors, 643 F.3d at 704 and

26 Ford, 650 F.2d at 1142-43, the Ninth Circuit held the proposed

27 intervenors’ appeals became moot when the underlying suits were

28 dismissed and neither party appealed the dismissal. In

1 Canatella, however, a party to the underlying action appealed the

2 lower court’s dismissal. 404 F.3d at 1109 n.1. The Ninth

3 Circuit found, in that context, that the proposed intervenor’s

4 appeal likewise remained a live controversy. 404 F.3d at 1109

5 n.1. Allied Concrete & Supply Co., 904 F.3d at 1066 extended

6 Canatella, holding that “a potential petition for rehearing or

7 certiorari keeps a case alive for the purpose of appealing a

8 motion to intervene.”

9 Following Allied Concrete & Supply, the appeal of a motion

10 to intervene satisfies Article III’s “case or controversy”

11 requirement so long as parties to the underlying action have an

12 avenue for challenging the district court’s dismissal. 904 F.3d

13 at 1066-67. A reviewing court may ultimately reverse the lower

14 court’s dismissal; in which case, the propriety of a non-party’s

15 ability to intervene is also at issue. See id.; see also

16 Canatella, 404 F.3d at 1109 n.1. But neither Allied Concrete &

17 Supply nor Canatella spoke to the question of whether a district

18 court—having dismissed a case in its entirety—should adjudicate a

19 motion to intervene simply because one of the parties appealed

20 that dismissal. Indeed, this Court found no basis for doing so

21 when it denied CGA’s motion as moot in its June 18, 2019 order.

22 Unlike in Allied Concrete & Supply, Plaintiffs do not contend the

23 Court’s dismissal bars CGA from appealing its motion to

24 intervene. In fact, Plaintiff’s concede CGA could renew its

25 motion to intervene if the Ninth Circuit reversed this Court’s

26 dismissal. See Opp’n at 2. The Court’s June 18 order only

27 prevents CGA from participating in Plaintiffs’ pending appeal.

28 But nothing in CGA’s motion suggests it is entitled to that type

1 of participation.

2 CGA has not demonstrated that the Court committed clear

3 | error when it denied CGA’s motion to intervene as moot.

4 | Moreover, CGA did not contend that newly-discovered evidence or

5 an intervening change in the controlling law warranted

6 | reconsideration. Accordingly, CGA’s motion is DENIED.

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8 Il. ORDER

9 For the reasons set forth above, the Court DENIES CGA’s

10 | motion for reconsideration.

11 IT IS SO ORDERED.

12 Dated: September 9, 2019

13 kA

14 teiren staves odermacr 7008

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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