Big Lagoon Rancheria, a federally recognized Indian tribe v. State of California

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
BIG LAGOON RANCHERIA, a
federally recognized Indian tribe,
Plaintiff-Appellee/
Cross-Appellant,
v.
STATE OF CALIFORNIA,
Defendant-Appellant/
Cross-Appellee.
Nos. 10-17803
10-17878
D.C. No.
4:09-cv-01471-
CW
ORDER
Filed July 8, 2015
Before: Harry Pregerson, Stephen Reinhardt, Alex
Kozinski, Diarmuid F. O’Scannlain, Susan P. Graber,
William A. Fletcher, Richard A. Paez, Jay S. Bybee, Milan
D. Smith, Jr., Morgan Christen and Jacqueline H. Nguyen,
Circuit Judges.

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BIG LAGOON RANCHERIA V. STATE OF CALIFORNIA 2
ORDER
The opinion filed June 4, 2015, and published at — F.3d
—, 2015 WL 34998884, is amended as follows:
At slip opinion page six, line eight, insert a new footnote
1 after <district court.> but before <Id.> as follows:
<In Seminole Tribe v. Florida, 517 U.S. 44,
75 (1996), the Supreme Court held that
Section 2710(d)(7) does not abrogate the
states’ Eleventh Amendment sovereign
immunity. California’s sovereign immunity is
not implicated here, however, because the
State has waived its immunity to suit in this
context. See Rincon Band of Luiseno Mission
Indians of Rincon Reservation v.
Schwarzenegger, 602 F.3d 1019, 1026 (9th
Cir. 2010).>.
At slip opinion page twelve, line eleven insert <under
Federal jurisdiction in 1934 and was not> after <tribe was
not> and before <recognized>.
At slip opinion page twelve, line fourteen insert <, 395>
after <385>.
At slip opinion page eighteen, lines four–five remove <if
the Secretary of the Interior approves the compact> and
replace that text with <once the Secretary of the Interior
prescribes procedures to govern gaming that are consistent
with that selection>.

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BIG LAGOON RANCHERIA V. STATE OF CALIFORNIA 3
At slip opinion page eighteen, line seven insert <See
25 U.S.C. § 2710(d)(7)(B)(vii)> after <seeks.> and before
<Big Lagoon Rancheria>.
With the foregoing amendments to the opinion,
California’s Petition for En Banc Panel Rehearing is
DENIED. No subsequent petitions for rehearing may be
filed.

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