State of New York et al vs. Kempthorne, et al
| Madison County, New York, Andrew M. Cuomo, State of New York, David A. Paterson and Oneida County, New York |
| Dirk Kempthorne, James E. Cason, P. Lynn Scarlett, Franklin Keel, United States Department of the Interior, Bureau of Indian Affairs, United States Department of the Interior and United States of America |
| 6:2008cv00644 |
| June 19, 2008 |
| US District Court for the Northern District of New York |
| Real Property: Other Office |
| Madison |
| Gustave J. DiBianco |
| Lawrence E. Kahn |
| None |
| U.S. Government Defendant |
| 05:0701 Maritime Subsidy Board |
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Filing
341
MEMORANDUM-DECISION and ORDERED, that the September 11, 2013 Report and Recommendation (Dkt. No. 300) is REJECTED as moot; and it is further ORDERED, that the Cayuga Nations Motion (Dkt. No. 280) to intervene is DENIED as moot; and it is further ORDE RED, that the Stockbridge-Munsee Community, Band of Mohican Indians Motion (Dkt. No. 303) to intervene is DENIED; and it is furtherORDERED, that the parties Stipulation (Dkt. No. 319-1) of dismissal pursuant to Federal Rule of Civil Procedure 41(a)(2 ) is GRANTED; and it is further ORDERED, that the Settlement Agreement (Dkt. No. 319-2) between Intervenor-Defendant Oneida Indian Nation, Plaintiff the State of New York, Plaintiff Madison County, and Plaintiff Oneida County, is APPROVED. The terms of the Settlement Agreement are INCORPORATED into this Order, and the Court RETAINS JURISDICTION to enforce the Settlement Agreement; and it is further ORDERED, that Intervenor-Defendant Oneida Indian Nations Waiver of its rights to enforce Section IV of the Settlement Agreement with regard to: (a) the installation and operation of Casino Gaming and Gaming Devices by the Cayuga Nation pursuant to the Indian Gaming Regulatory Act on land within the boundaries of the area claimed by the Cayuga Na tion to constitute its reservation acknowledged in Article II of the Treaty of Canandaigua; or (b) negotiation or execution by the State of New York of a compact with the Cayuga Nation for such gaming rights in conformance with 25 U.S.C. § 2710( d)(3)(A), as set forth fully in the Letter Motion (Dkt. No. 319) on behalf of all parties, is INCORPORATED into this Order; and it is further ORDERED, that Plaintiffs claims are DISMISSED with prejudice, each party to bear its own costs. Signed by Senior Judge Lawrence E. Kahn on March 4, 2014. Signed by Senior Judge Lawrence E. Kahn on March 4, 2014. (sas)
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Filing
276
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 c onsistent with this Memorandum-Decision and Order; and it is further ORDERED, that Plaintiffs Motion (Dkt. No. 237) for summary judgment, Defendants Motion (Dkt. No. 240) for summary judgment, and Defendant-Intervenor OINs Motion (Dkt. No. 236) are a ll DENIED without prejudice, with leave to re-file following further proceedings of DOI. 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
192
MEMORANDUM-DECISION and ORDERED, that Defendants Motion (Dkt. No. 134) to direct entry of a final judgment as to Plaintiffs Eighteenth through Twenty-Second Causes of Action is DENIED. Signed by Senior Judge Lawrence E. Kahn on June 09, 2010. (sas)
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Filing
183
DECISION AND ORDER - the plaintiff's motion 140 Motion to Compel is DENIED. The plaintiff's motion 141 Motion to Compel Discovery is granted in part. The plaintiff's motion to compel production of the administrative record and for discovery is otherwise denied. The Clerk is directed to schedule telephone status conference. The clerk is also directed to revise court records to reflect the substitution of Kenneth L. Salazar, the newly appointed Secretary of the Interior, in place of Dirk Kempthorne, as a defendant in this action. Signed by Magistrate Judge David E. Peebles on 4/1/10. (mnm, )
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Filing
132
MEMORANDUM-DECISION and ORDERED that Defendants and Intervenor Defendants Motions seeking dismissal of Plaintiffs First, Second, and Seventeenth Causes of Action (Dkt. Nos. 36, 51) are GRANTED; and it is further ORDERED, that Defendants and Interveno r Defendants Motions seeking dismissal of Plaintiffs supplemental claims (Dkt. Nos. 110, 111) are GRANTED; and it is furtherORDERED, that Plaintiffs Motion for summary judgment on their Third Cause of Action (Dkt. No. 57) is DENIED. Signed by Senior Judge Lawrence E. Kahn on September 29, 2009. (sas)
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