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Sharp Image Gaming, Inc. v. Shingle Springs Band of Miwok Indians

Paid petition · Court of Appeal of California, Third Appellate District, No. C070512 · judgment September 15, 2017

Certiorari denied · June 25, 2018
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Under the Indian Gaming Regulatory Act, 25 U.S.C. 2701–2721, contracts for the management of casino-style Indian gaming activity must be approved by the Chairman of the National Indian Gaming Commission. See id. §§ 2710(d)(9), 2711(a)(1). The Act provides that, for purposes of this requirement, a management contract “shall be considered to include all collateral agreements to such contract that relate to the gaming activity.” Id. § 2711(a)(3). An implementing regulation provides that a “management contract” encompasses a collateral agreement “if such contract or agreement provides for the management of all or part of a gaming operation.” 25 C.F.R. 502.15. The question presented is: Whether a collateral agreement to a management contract for an Indian gaming operation is subject to approval by the National Indian Gaming Commission only if the collateral agreement itself provides for management of all or part of the operation.

Counsel of record

For petitioner
Daniel H. Bromberg
Pillsbury Winthrop Shaw Pittman LLP

For respondent
Paula M. Yost
Dentons US LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 25 2018
    Petition DENIED.
  2. Jun 05 2018
    DISTRIBUTED for Conference of 6/21/2018.
  3. Jun 05 2018
    Reply of petitioner Sharp Image Gaming, Inc. filed. (Distributed)
  4. May 22 2018
    Brief of respondent Shingle Springs Band of Miwok Indians in opposition filed.
  5. Apr 16 2018
    Motion to extend the time to file a response is granted in part and the time is extended to and including May 22, 2018.
  6. Apr 13 2018
    Response to motion to extend the time to file a response from petitioner Sharp Image Gaming, Inc. filed.
  7. Apr 12 2018
    Motion to extend the time to file a response from April 23, 2018 to May 23, 2018, submitted to The Clerk.
  8. Mar 19 2018
    Petition for a writ of certiorari filed. (Response due April 23, 2018)