Big Lagoon Rancheria v. State of California ( 2015 )

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
BIG LAGOON RANCHERIA, a Nos. 10-17803
federally recognized Indian tribe, 10-17878
Plaintiff-Appellee/
Cross-Appellant, D.C. No.
4:09-cv-01471-
v. CW
STATE OF CALIFORNIA,
Defendant-Appellant/ ORDER
Cross-Appellee.
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.
2 BIG LAGOON RANCHERIA V. STATE OF CALIFORNIA
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 but before as follows:
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 after and before .
At slip opinion page twelve, line fourteen insert <, 395>
after <385>.
At slip opinion page eighteen, lines four–five remove and
replace that text with .
BIG LAGOON RANCHERIA V. STATE OF CALIFORNIA 3
At slip opinion page eighteen, line seven insert 25 U.S.C. § 2710(d)(7)(B)(vii)> after and before
.
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.