Case 3:25-cv-06162-JSC Document 35 Filed 09/04/25 Page 32 of 34
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IGRA, IGRA’s implementing regulations, and the Tribal Gaming Ordinances, on the other
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hand, establish a comprehensive framework that address situations related to machine malfunction,
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consumer solvency in high-stakes gambling, and compulsive consumer conduct, and provide
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preventative and remedial protocols to ensure public safety and mitigate the risks inherent in
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gambling. Thus, for the forgoing reasons, the Court should grant the Tribes’ request for injunctive
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relief because commodities contracts masquerading as “sports betting” that is “legal in all 50
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states” is contrary to the public interest—under the CFTC’s own regulations—and presents a
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danger to the public and the consumers targeted by Kalshi’s advertisements.
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e.
Request for Relief
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In light of the foregoing analysis, and in consideration of the declarations submitted
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herewith, the Tribes respectfully request that the Court grant the Motion for Preliminary Injunction
and enjoin Kalshi from offering on the Tribes’ Indian lands 17 any sports contracts, including, but
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not limited to, contracts that facially involve, relate to, or reference the sports of baseball, tennis,
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soccer, basketball, football, golf, chess, esports, hockey, motorsports, UFC, and any other boxing,
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pickleball, wrestling, or martial arts event. The Tribes further request that the Court enjoin Kalshi
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from offering on the Tribes’ Indian lands contracts that take the form of a binary “yes/no” event
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contract that pose the following questions:
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1. “Will <team> win <title>?”
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2. “Will <team> win <event>?”
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and any subsequent permutation, alteration, or variation of such contracts that facially involve,
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relate to, or reference sports, constitute or mimic sports betting, or any other potential class III
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gaming activity.
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23 NOTICE OF MOTION AND MEMORANDUM OF POINTS AND AUTHORITIES [ Case No.: 25-cv-06162-JSC] 17 The vast majority of the Tribe’s gaming market consists of persons who reside within a sixty- mile radius or less from the Tribes’ casino. While the Tribes only seek a preliminary injunction at this time enjoining Klashi’s sports betting on their respective reservations, the Tribes intend to offer expert testimony demonstrating that Kalshi’s illegal gaming is diluting the Tribes’ existing markets thereby reducing revenues at their respective casinos.
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