New York v. Shinnecock Indian Nation, 03-CV-3243(TCP) (ARL).

Citation274 F.Supp.2d 268
Decision Date29 July 2003
Docket NumberNo. 03-CV-3243(TCP) (ARL).,03-CV-3243(TCP) (ARL).
PartiesState of NEW YORK, New York State Racing and Wagering Board, and New York State Department of Environmental Conservation, Plaintiffs, v. THE SHINNECOCK INDIAN NATION, Charles K. Smith, II, James W. Eleazar, Jr., Lance A. Gumbs and Fred Bess, Defendants.
CourtUnited States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)

George Hammarth, Assist. Atty. Gen., Hauppauge, NY, for plaintiff.

Christopher H. Lunding, Cleary, Gottlieb, Steen & Hamilton, New York City, for defendants.

MEMORANDUM AND ORDER

PLATT, District Judge.

The plaintiffs commenced this action with a Complaint filed on June 30, 2003, in the Supreme Court Suffolk County seeking temporary and preliminary injunctive, as well as declaratory, relief.

On its face, the Complaint alleges five causes of action.

In the first cause of action, the plaintiffs allege, in conclusion:

77. Therefore, defendants [sic] planned actions to build a casino and conduct gaming cannot be authorized by IGRA [the Indian Gaming Regulatory Act, 25 U.S.C. § 2701 et seq.] and, therefore, are in violation the federal statute [sic].

In their Declaratory Judgment portion of the Complaint, the plaintiffs allege in part:

* * * * * *

i. the defendants are not a federally-recognized Tribe;

j. the defendants' property which is the subject of this action, the gaming site, does not constitute "Indian lands" as that term is used in 18 U.S.C. § 1151 and in, 25 U.S.C. 2701 et seq. ("IGRA");

k. the defendants lack sovereign immunity with respect to the operation of the state gambling laws at the gambling site;

* * * * * *

n. the defendants lack sovereign immunity to the operation of state and federal environmental laws at the gambling site;

o. the defendants cannot build a casino or any other structure for the purpose of gaming at the gambling site unless they first comply with Town, state, and federal and environmental laws;

p. the defendants may not begin building any kind of structure on the gaming site without first giving the plaintiffs 120 days notice prior to the beginning of such construction unless and until they fully comply with all Town, state and federal laws and regulations governing the building of structures on the gaming site;

q. the defendants may not operate a bingo hall or other gambling establishment without first giving the plaintiffs 120 days notice prior to the opening of the establishment unless and until they fully comply with the provisions of the Bingo Licensing Law, the Bingo Control Law, the Games of Chance Licensing Law or the provisions of the federal Indian Gaming Regulatory Act.

* * * * * *

On July 1, 2003, the defendants removed this case to this Court by filing a Notice of Removal pursuant to 28 U.S.C. § 1441 and 1446 on the ground that the Complaint pled a federal question on its face. The defendants cited the above quoted portion of paragraph 77 in the first cause of action and other portions of the Complaint, inter alia, the above claims for relief and declaratory judgments.

It is clear that this first cause of action asserts a violation of a federal statute and this alone is sufficient for removal of the entire action under 28 U.S.C. § 1441(c) which provides:

Whenever a separate and independent claim or cause of action within the jurisdiction conferred by section 1331 of this title is joined with one or more otherwise non-removable claims or causes of action, the entire case may be removed and the district court may determine all issues therein, or, in its discretion, may remand all matters in which State law predominates.

Furthermore, Section 1441(b) provides in pertinent part that:

Any civil action of which the district courts have original jurisdiction founded on a claim or right...

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5 cases
  • New York v. Shinnecock Indian Nation
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • November 28, 2012
    ...of the IGRA and raises federal questions about the possessory rights of the tribe with respect to Westwoods. New York v. Shinnecock Indian Nation, 274 F.Supp.2d 268 (E.D.N.Y.2003). The Town's enforcement action, which was filed before the remand ruling issued, was ultimately consolidated wi......
  • New York v. Shinnecock Indian Nation
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • October 30, 2007
    ...the State moved for remand. The State's motion for remand was denied by order dated July 29, 2003. See New York v. Shinnecock Indian Nation, 274 F.Supp.2d 268, 271 (E.D.N.Y.2003). The Town also moved to remand, but later agreed to withdraw its motion when the two actions were consolidated. ......
  • New York v. Shinnecock Indian Nation
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • June 25, 2012
    ...violation of the IGRA and raises federal questions about the possessory rights of Indian tribes. New York v. Shinnecock Indian Nation, 274 F.Supp.2d 268 (E.D.N.Y.2003). [686 F.3d 137] Shortly before Judge Platt's decision on the remand motion, the Town of Southampton (the “Town”) filed a se......
  • New York v. Shinnecock Indian Nation
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • June 25, 2012
    ...asserts a violation of the IGRA and raises federal questions about the possessory rights of Indian tribes. New York v. Shinnecock Indian Nation, 274 F. Supp. 2d 268 (E.D.N.Y. 2003). Shortly before Judge Platt's decision on the remand motion, the Town of Southampton (the "Town") filed a sepa......
  • Request a trial to view additional results

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