TRIBAL GAMING IN FLORIDA
that the tribes’ motion was filed in a timely manner and would not prejudice any parties. 121 The court further found that the tribes’ had a legally protected interest at stake in the litigation over the compacts and that a decision in the case could impede their ability to protect that interest. 122 Finally, the court turned to whether the existing parties would adequately represent the tribes’ interests. 123 Citing the Supreme Court and D.C. Circuit, the Court first determined that the inadequate representation requirement is not burdensome and can be met with a minimal showing. 124 The court noted that while the tribes and government may agree in broad terms, the government has an obligation to represent the American people and not the interests of the tribes. 125 In this instance, the tribes had an interest in the compact-authorized casinos that was not shared by the government. 126 Thus, the court determined all four factors were met. The gaming operator in MGM Global further opposed the tribes’ request to intervene on a limited basis. 127 In its view, Rule 24(a) requires a party to intervene fully in the case “or not at all.” 128 The court refused to adopt this interpretation of Rule 24(a), but noted that there was no binding precedent on the issue. 129 The court however pointed to a D.C. Circuit decision that allowed a party to intervene for the limited purpose of asserting and immunity defense, as well as several other cases from outside the D.C. Circuit where tribes were permitted to intervene for limited purposes. 130 Finding the gaming
operator’s procedural arguments unpersuasive, the MGM Global court granted the tribes’ motion to intervene for the limited purpose of seeking to dismiss the suit. 131 The Seminole Tribe’s motion addressed all of the prerequisites considered in MGM Global . 132 The Tribe argued that a decision invalidating the 2021 Compact would have practical and substantial economic impacts on the Tribe. 133 As such, according to the tribe, a decision in the case without the tribe’s involvement would “undeniably impair [its] ability to protect its interests.” 134 The tribe’s motion relied heavily on the court’s reasoning in MGM Global to argue that the Interior would not adequately represent its interests. 135 The Tribe also pointed to a court decision that determined tribes have a narrow financial interest in tribal gaming operations that the federal government does not share. 136 In the tribe’s view, only the tribe itself could adequately represent both its financial interests and its right to sovereign immunity from suit. 137 In response, both the parimutuel operators and the federal government opposed the tribe’s motion to intervene. 138 Described by the tribe as “putting the cart before the horse,” the parimutuel operators and federal government opposed the motion on the grounds that the merits of the tribe’s motion to dismiss would fail. 139 The government argued it is the only indispensable party to challenges of agency actions under the APA. 140 The parimutuel operators, however, made the conclusory argument that the Tribe’s basis for qualifying
121 Id . 122 Id . 123 Id . 124 Id . 125 Id . 126 Id. 127 Id . 128 Id . 129 Id . 130 Id . 131 Id . 132 Motion to Intervene, supra note 111. 133 Id . at 10.
134 Id . 135 Id .
136 Id at 12. 137 Id . at 13
138 Plaintiff’s Memorandum in Opposition to Motion to Intervene for Limited Purpose of Moving to Dismiss and Opposition to Motion to Dismiss, West Flagler ; Defendant’s Memorandum in Opposition to Motion to Intervene for Limited Purpose of Moving to Dismiss and Opposition to Mo- tion to Dismiss, West Flagler . 139 Seminole Tribe’s Response to Memorandum in Opposition to Motion to Intervene for Limited Purpose of Moving to Dismiss, West Flagler . 140 Plaintiff’s Memorandum in Opposition to Motion to Intervene for Limited Purpose of Moving to Dismiss and Opposition to Motion to Dismiss, West Flagler; Defendant’s Memorandum in Opposition to Motion to Intervene for Limited Purpose of Moving to Dismiss and Opposition to Motion to Dismiss, West Flagler .
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IMGL MAGAZINE | APRIL 2023
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