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Pauma Band of Luiseno Mission Indians of the Pauma v. State

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


July 14, 2010

PAUMA BAND OF LUISENO MISSION INDIANS OF THE PAUMA AND YUIMA RESERVATION, PLAINTIFFS,
v.
STATE OF CALIFORNIA, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Honorable Larry Alan Burns United States District Judge

ORDER DENYING EX PARTE APPLICATION TO SUPPLEMENT RECORD ON APPEAL

Plaintiff filed an ex parte application asking the Court to supplement the record with a copy of the Court's recent decision of March 29, 2010 granting summary judgment in San Pasqual Band of Mission Indians v. State of California et al., case number 06cv988, which the Court referred to extensively at oral argument and relied on in reaching its decision. That decision construed the same compact that is at issue on appeal.

As Defendants point out in their opposition, Plaintiff may cite to and quote the decision in its brief on appeal. The decision is also judicially noticeable on appeal, as is Judge Damrell's decision construing the same compact, Cachil Dehe Band of Wintun Indians of Colusa Indian Community v. California, 629 F. Supp. 2d 1091 (E.D.Cal., 2009), which the Court relied on its San Pasqual decision. See United States ex rel. Robinson Rancheria Citizens Council v. Borneo, Inc., 971 F.2d 244, 248 (9th Cir. 1992) (proceedings in other courts in the federal judicial system that "have a direct relation to matters at issue" are judicially noticeable on appeal).

The application is therefore DENIED AS MOOT.

IT IS SO ORDERED.

20100714

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