Upstate Citizens for Equality, Inc. et al v. United States of America et al
| Upstate Citizens for Equality, Inc., David Vickers, Richard Tallcot, Scott Peterman and Daniel T. Warren |
| United States of America, Dirk Kempthorne, P. Lynn Scarlett, James Cason, United States Department of the Interior, Philip N. Hogen, National Indian Gaming Commission and Michael B. Mukasey |
| 5:2008cv00633 |
| June 16, 2008 |
| US District Court for the Northern District of New York |
| Other Statutory Actions Office |
| Madison |
| Gustave J. DiBianco |
| Neal P. McCurn |
| None |
| U.S. Government Defendant |
| 05:551 Administrative Procedure Act |
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The following documents for this case are available for you to view or download:
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Filing
84
MEMORANDUM-DECISION and ORDERED, that Defendants Motion (Dkt. No. 79) for summary judgment on all remaining claims is GRANTED. Signed by Senior Judge Lawrence E. Kahn on March 26, 2015. (sas)
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Filing
65
MEMORANDUM-DECISION and ORDERED, that the Record of Decision issued on May 20, 2008 for the Oneida Indian Nation of New York Fee-to-Trust Request is REMANDED to the Bureau of Indian Affairs and the Department of the Interior for further proceedings a nd it is further ORDERED, that Defendants Motion (Dkt. No. 57) for summary judgment and Plaintiffs Letter Motion (Dkt. No. 58) for summary judgment are DENIED without prejudice, with leave to re-file following further proceedings of DOI consistent with this Memorandum-Decision and Order. If the parties choose to re-file, they must do so within thirty (30) days of the entry of an amended Record of Decision by DOI. Signed by Senior Judge Lawrence E. Kahn on September 24, 2012. (sas)
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Filing
49
MEMORANDUM-DECISION AND ORDERED, that Defendants Motion for partial dismissal of claims (Dkt. No. 23) is GRANTED in its ENTIRETY, and it is further ORDERED, that Plaintiffs (a) non-delegation claim, (b) IGRA compliance claim, (c) gaming compact claim challenging Defendant Casons June 13, 2007 letter, (d) claim challenging the NIGCs 1994 approval of the gaming compact, and (e) claim seeking to enjoin Defendant officials to take enforcement actions pursuant to IGRA are DISMISSED, and it is further ORDERED, that Defendants Phillip N. Hogan, the NIGC and Eric Holder are DISMISSED, as no claims remain against these parties, and it is further ORDERED, that Defendants Motion to dismiss Plaintiffs Supplemental Claim (Dkt. No. 45) is GRANTED in its ENTIRETY, and it is further ORDERED, that Plaintiffs claim challenging the transfer by the GSA of 18 acres and the DOIs acceptance of that land into trust, pursuant to § 523, is DISMISSED. Signed by Senior Judge Lawrence E. Kahn on March 4, 2010. (sas)
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