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RunItOneTime LLC, fka Maverick Gaming LLC v. United States, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 23-35136 · judgment December 13, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
The Administrative Procedure Act (APA) provides that any person “adversely affected or aggrieved by agency action * * * is entitled to judicial review.” 5 U.S.C. § 702. But the Ninth Circuit holds that Federal Rule of Civil Procedure 19 requires dismissal of an APA suit whenever an Indian tribe that is not a party to the case, but benefits from the challenged federal agency action, claims an interest in the dispute and invokes sovereign immunity to avoid being joined. Applying that rule, the Ninth Circuit in this case upheld the dismissal under Rule 19 of petitioner’s APA suit seeking review of the Secretary of the Interior’s approval of tribal-state compacts—which the agency is actively defending—because a non-party tribe, respondent Shoalwater Bay Indian Tribe, benefits from that agency action but refused to be joined based on sovereign immunity. The question presented is: Whether Rule 19 requires dismissal of APA suits challenging federal agency action whenever a nonparty who benefited from that action asserts sovereign immunity.
Counsel of record
For petitioner
Lochlan Francis Shelfer
Gibson, Dunn & Crutcher LLP
For respondent
Ian Heath Gershengorn
Jenner & Block
Proceedings
- Oct 06 2025Petition DENIED.
- Sep 10 2025DISTRIBUTED for Conference of 9/29/2025.
- Sep 10 2025Rule 35 letter of petitioner and update to Rule 29.6 statement.
- Sep 10 2025Reply of petitioner Maverick Gaming LLC filed. (Distributed)
- Aug 27 2025Brief of Federal Respondents in opposition filed.
- Aug 27 2025Brief of respondent Shoalwater Bay Indian Tribe in opposition filed.
- Aug 27 2025Brief of State Respondents in opposition filed.
- Aug 01 2025Motion to extend the time to file a response is granted and the time is extended to and including August 27, 2025, for all respondents.
- Jul 31 2025Motion to extend the time to file a response from August 11, 2025 to August 27, 2025, submitted to The Clerk.
- Jun 12 2025Brief amicus curiae of California Gaming Association filed.
- May 29 2025Motion to extend the time to file a response is granted and the time is extended to and including August 11, 2025, for all respondents.
- May 28 2025Motion of the Washington State Respondents to extend the time to file a response from June 12, 2025 to August 11, 2025, submitted to The Clerk.
- May 09 2025Petition for a writ of certiorari filed. (Response due June 12, 2025)
- Feb 19 2025Application (24A804) granted by Justice Kagan extending the time to file until May 12, 2025.
- Feb 14 2025Application (24A804) to extend the time to file a petition for a writ of certiorari from March 13, 2025 to May 12, 2025, submitted to Justice Kagan.