Pueblo of Santa Ana v. Nash

972 F. Supp. 2d 1254, 2013 WL 5366403, 2013 U.S. Dist. LEXIS 140229
CourtDistrict Court, D. New Mexico
DecidedSeptember 25, 2013
DocketCiv No. 11-957 LH/LFG
StatusPublished
Cited by7 cases

This text of 972 F. Supp. 2d 1254 (Pueblo of Santa Ana v. Nash) is published on Counsel Stack Legal Research, covering District Court, D. New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pueblo of Santa Ana v. Nash, 972 F. Supp. 2d 1254, 2013 WL 5366403, 2013 U.S. Dist. LEXIS 140229 (D.N.M. 2013).

Opinion

MEMORANDUM OPINION AND ORDER

C. LEROY HANSEN, Senior United States District Judge.

THIS MATTER comes before the Court for consideration of Plaintiffs’ Motion for Summary Judgment (ECF No. 52) and Defendant Mendozas’ Second Motion for Summary Judgment (ECF No. 73). The Court, having considered the motions, all related briefs and exhibits, and being otherwise fully advised, concludes that Plaintiffs’ Motion for Summary Judgment is granted in part and denied in part, and that Defendant Mendozas’ Second Motion for Summary Judgment is denied. Specifically, the Court hereby enters a declaration that the Indian Gaming Regulatory Act, 25 U.S.C. § 2701 et seq. (“IGRA”) does not authorize an allocation of jurisdiction from tribal court to state court over a personal injury claim arising from the allegedly negligent serving of alcohol on Indian land, and further that the New Mexico State District Court does not have jurisdiction in the case of Gina Mendoza, Michael Hart and Dominic Montoya v. Tamaya Enterprises, Inc., d/b/a Santa Ana Star Casino, CIV 2007-005711 (“underlying state court litigation”).

I. Allegations of the Complaint Filed in Federal Court

The Complaint in this matter (ECF No. 1) asserts federal jurisdiction pursuant to 28 U.S.C. §§ 1331, 1362 and 1343. It seeks injunctive and declaratory relief, pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 2201. Specifically, Plaintiffs Pueblo of Santa Ana and Tamaya Enterprises, Inc. (collectively referred to as “Pueblo Plaintiffs” or “the Pueblo”) seek: (1) an order prohibiting New Mexico District Court Judge Nan Nash (“Defendant Nash”) from exercising jurisdiction over the case now pending before her, in violation of the Pueblo Plaintiffs’ rights under the Fourteenth Amendment of the United States Constitution (Compl., Count I); and, (2) a declaration that the Indian Gaming Regulatory Act, 25 U.S.C. § 2701 et seq. “does not permit the shifting of jurisdiction from tribal courts to state courts over personal injury lawsuits brought against tribes or tribal gaming enterprises, for alleged wrongs arising or occurring within Indian country, and that thus the New Mexico state courts do not have jurisdiction over [the underlying state court litigation].” (Compl., Count II).

II. Undisputed Facts and Applicable Gaming Compact Language

The following facts are undisputed and germane to the strictly legal issues raised [1256]*1256by the motions for summary judgment. Tamaya Enterprises, Inc. (“TEI”) owns and operates the Santa Ana Star Casino (“Star Casino” or “casino”). TEI is wholly owned by the Pueblo of Santa Ana. The Pueblo of Santa Ana is a federally recognized Indian tribe. The Star Casino is located on Santa Ana Pueblo lands, within the exterior boundaries of the Pueblo.

As explained in this Court’s November 9, 2012 Memorandum Opinion (ECF No. 82 at 2), pursuant to the Indian Gaming Regulatory Act, on October 2, 2001, the State of New Mexico and the Pueblo of Santa Ana entered into a Tribal-State Class III Gaming Compact (“the Compact”) 1(ECF No. 51, Ex. A). It permits TEI to operate the Star Casino on behalf of the Pueblo. The negotiation process led to various provisions in the Compact.

As indicated in its title, the IGRA establishes a regulatory framework for Indian gaming. In 25 U.S.C. § 2710(d)(3)(C), the IGRA states the following, insofar as negotiation of compacts is concerned:

(C) Any Tribal-State compact negotiated under subparagraph (A)2 may include provisions relating to—
(i) the application of the criminal and civil laws and regulations of the Indian tribe or the State that are directly related to, and necessary for, the licensing and regulation of such activity;
(ii) the allocation of criminal and civil jurisdiction between the State and the Indian tribe necessary for the enforcement of such laws and regulations;
(iii) the assessment by the State of such activities in such amounts as are necessary to defray the costs of regulating such activity;
(iv) taxation by the Indian tribe of such activity in amounts comparable to amounts assessed by the State for comparable activities;
(v) remedies for breach of contract;
(vi) standards for the operation of such activity and maintenance of the gaming facility, including licensing; and
(vii) any other subjects that are directly related to the operation of gaming activities.

Section 8 of the Compact, entitled “Protection of Visitors,” reads, in pertinent part, as follows:

A. Policy Concerning Protection of Visitors. The safety and protection of visitors to a Gaming Facility is a priority of the Tribe, and it is the purpose of this Section to assure that any such persons who suffer bodily injury or property damage proximately caused by the conduct of the Gaming Enterprise have an effective remedy for obtaining fair and just compensation. To that end, in this Section, and subject to its terms, the Tribe agrees to carry insurance that covers such injury or loss, agrees to a limited waiver of its immunity from suit, and agrees to proceed either in binding arbitration proceedings or in a court of competent jurisdiction, at the visitor’s election, with respect to claims [1257]*1257for bodily injury or property damage proximately caused by the conduct of the Gaming Enterprise. For purposes of this Section, any such claim may be brought in state district court, including claims arising on tribal land, unless it is finally determined by a state or federal court that IGRA does not permit the shifting of jurisdiction over visitors’ personal injury suits to state court, (emphasis added)
D. Specific Waiver of Immunity and Choice of Law. The Tribe, by entering into this Compact and agreeing to the provisions of this Section, waives its defense of sovereign immunity in connection with any claims for compensatory damages for bodily injury or property damage up to the amount of fifty million ($50,000,000) per occurrence asserted as provided in this Section. This is a limited waiver and does not waive the Tribe’s immunity from suit for any other purpose. The Tribe shall ensure that a policy of insurance that it acquires to fulfill the requirements of this Section shall include a provision under which the insurer agrees not to assert the defense of sovereign immunity on behalf of the insured, up to the limits of liability set forth in this Paragraph.

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Cite This Page — Counsel Stack

Bluebook (online)
972 F. Supp. 2d 1254, 2013 WL 5366403, 2013 U.S. Dist. LEXIS 140229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pueblo-of-santa-ana-v-nash-nmd-2013.