ORDINANCE NO. . 95 4 ( enacted as 95 720 1)

of the MOHEGAN TRIBE OF INDIANS OF CONNECTICUT AN ORDINANCE ESTABLISHING THE GAMING DISPUTES COURT ARTICLE I GAMING DISPUTES COURT Section 1 00  Establishment of Gamincr Disputes Court . There is hereby established the Gaming Disputes Court . The Gaming Disputes Court shall be composed of a Trial Branch and a^

Appellate Branch . The Trial Branch shall be known as the " Gaming Disputes Trial Court ." The Appellate Branch shall be known as the " Gaming Disputes Court of Appeals ." This appellate court shall not have jurisdiction to hear or decide any case except cases timely appealed from the Gaming Disputes Trial Court and over which the Gaming Disputes Trial Court properly exercises subject matter jurisdiction pursuant to this Ordinance . The Gaming Disputes Court of Appeals shall have jurisdiction to decide whether any case appealed from the Gaming Disputes Trial Court was within that court's subject matter jurisdict_ on under this Ordinance and the Mohegan Constitution .

Section 101  Definitions .

A . " Tribe" is the Mohegan Tribe of Indians of Connecticut or any governmental subdivision thereof, including the 7'_= tial Gaming Authority. Page 2 B . " Tribal Council" is the governing body of the Tribe as.

now or may hereafter exist .

C . " Ordinance" is this Ordinance establishing the Gaming Disputes Court .

D . " Authority" is the Tribal Gaming Authority .

E . " Reservation" is all lands presently owned or hereafter acquired by the Tribe whether or not such lands have been proclaimed to be part of the Mohegan Indian Reservation . formally F . " Member of the Tribe" means an Indian person ( natural person) who is recognized by the Tribe as being a member of the Tribe .

G . " Trial Court" is the Gaming Disputes Trial Court .

Section 102  Limited Jurisdiction ; Not Court of General Jurisdiction . The Gaming Disputes Court is a court of limited jurisdiction . Its subject matter jurisdiction is strictly limited as set forth in this Ordinance . The Gaming Disputes Court is not a court of general jurisdiction .

Sect ion 103  Judges of the Gaming Disnut es Court . The Judges of the Gaming Disputes Court shall be appointed and v commissioned to serve as judges of the Gaming Disputes Court by the Mohegan Tribal Council in accordance with Article XIII,

Section 2 .3 of t=~ e Mohegan Constitution at an agreed rate of pay to be set by the Tribal Council . A list of such Counc_ 1 appointees who have agreed to serve in this capacity shall be maintained by th. e Tribal Council . The Chie Judge shall be appointed by the Tribal Council from zhat list to serve a term of five years at a salary to be determined and budgeted by the Tribal Council . Page 3 As cases are filed with the Clerk of the Gaming Disputes Court, the Chief Judge shall promptly assign one of the preappointed judges to the case in the order set forth or. said list .

In the event the appointed judge shall for any reason decline the case or be disqualified, the next available judge on the list shall be assigned to hear the case . If none of the pre appointed judges is available to serve as judge in a particular case, the Chief Judge shall notify the Tribal council of the need to supplement the list .

Subject to the limits of this Ordinance, all judges of the Gaming Disputes Court shall have, and are hereby granted full judicial authority and are empowered to exercise the full range of legal and equitable powers and enjoy the full range of immunities attaching to judges of the Superior Court of Connecticut . Judges of the Gaming Disputes Court, in the exercise of their judicial functions as provided in the Connecticut Code of Judicial Conduc:

and the Connecticut Rules of Professional Conduct, shall not be subject to Canon 5( F) of the Connecticut Code of Judicial Conduct,

prohibiting judges from practicing law . Each judge appointed under this Ordinance shall, upon first accepting his/ her appointment as a trial level or appe= late judge pursuant to this Ordinance, take an oath to be administered by the Chie of the Tribe to uphold the Mohegan Constitu  ion, to carry out :: is/ her . ., duties as a judge in the Mohegan Tribal Courts with impartiality ,~

 honesty and fidelity to the objective of achieving substantial justice under the laws applicable to the cases assigned to them under this Ordinance .

Section 104  Courts Under Adm~~ istra~ ive Sunerin= endence of Chief Judge . The Gaming Disputes Court shall be under  he administrative superintendence of the Office of the Chief Judge .

The Chief Judge shall be appointed by the Tribal Counc:~~ to serve as administrative supervisor of the Gaming Disputes Court and Page 4 shall serve as a permanent judge on the Gaming Disputes Court of Appeals . With  the approval of the Tribal Council, the Chief Judge shall appoint the Clerk of the Gaming Disputes Court who will serve in the Office of the Chief Judge as the administrator of both the trial and appellate court .

The Tribal Council shall allocate such funds as are necessary to pay the annual salaries of the Chief Judge and the Clerk of the Gaming Disputes Court . The Tribal Council shall also annually allocate such funds as are necessary to create a contingent fund for the purpose of case administration and adjudication .

Once a case has been filed with the Clerk of the Gaming Disputes Court, the judge of the Trial Court to whom the case has been assigned shall have complete judicial independence and authority to decide the case in accordance with this Ordinance .

The Chief Judge shall be the fi^ al decision maker on any question of recusal of a judge assigned to hear a particular case .

Section 105  Gamina DisT) utes Court of Abpeals . The Gaming Disputes Court of Appeals shall consist of three judges, one of whom shall be the Chief Judge . The other two judges shall be appointed pursuant to section 103 . None of the three judges shall have any interest in, or have been the presiding judge at trial o=

the case brought before the Court of Appeals .

Section 106  Revision of Court { ules . The Chief Judge of the Gaming Disputes Court shall have zze power to adopt reasonable rules of procedure for both the Gami~= Disputes Tr~ al Court and Gaming Disputes Court of Appeals .

ARTICLE II TERRITORIAL AND EXTRATERRITORIAL JURISDICTION Page S ( 1) Except as provided in subpart ( 2), the territory over and with respect to which the courts established by this Ordinance shall have territorial jurisdiction shall include all lands encompassed by the Reservation, as such boundaries may exist as of the institution of the suit in the Gaming Disputes, Court .

( 2) For the purpose of regulatory enforcement proceedings filed by the Tribe against any defendant except members of the Tribe or challenges to Tribal regulations or Tribal regulatory actions filed by any party except members of the Tribe, the territory over which the courts established by this Ordinance have territorial j. urisdiction shall include all lands within the Mohegan Reservation .

( 3) The courts established by this Ordinance shall have such extraterritorial jurisdiction as and or Connecticut law as may be execute the provisions hereof . may be permitted by federal law necessary and appropriate to ARTICLE III SUBSTANTIVE LAW Section 300  Substantive Law. The judges of the Gaming Disputes Trial Court and the Gami :: g Disputes Court of Appeals shall apply and enforce the subszantive in all cases, except when Tribal law is federal law . law of the Mohegan Tribe preempted by applicable Secti on 301  Sources of Tribal Law . The substantive law or the Mohegan Tribe for application : by che Gaming Disputes Court shall be : Page 6 ( a) The law as set forth in any Mohegan Tribal ordinances or regulations .

( b) The General Statutes of Connecticut, as may be amended from time to time, are hereby adopted as and declared to be the positive law of the Mohegan Tribe for application by the Gaming Disputes Court, except as such statutes are in conflict with Mohegan Tribal Law.

( c) The common law of the State of Connecticut interpreting the positive law adopted in section 301( b), above, which body of law is hereby adopted as and declared to be the common law of the Mohegan Tribe for application by the Gaming Disputes Court, except as such common law is in conflict with Mohegan Tribal Law .

Section 302  Traditional Tribal Law . Unwritten Mohegan Tribe traditional law and customs shall not be applicable to any civil action or appeal in the Gaming Disputes Court, and no evidence offered . to prove nor argument predicated upon any such traditional law or custom shall be admissible or accepted in the Gaming Disputes Court .

Section 303  Authority to Further Develop Moheaan Tribe Common Law . The Gaming Disputes Trial Court and Gaming Disputes Court of Appeals shall have the authority to further develop through their decisions the Mohegan Tribe common law for the Gaming Disputes Court on any question of law.

In further developing the T ibe's common law and in deciding the cases before it, the Gaming Disputes Court shall strive to achieve stability, clarity, equity, commercial reasonableness, and fidelity to any applicable . Mohegan Tribal ordinances or regulations . Page 7 ARTICLE IV PERSONAL JURISDICTION Section 400  Personal Jurisdiction . Personal jurisdiction of the Gaming Disputes Court shall be as follows :

( 1) As used in these jurisdictional provisions, the word " person" shall be as defined in the General Statutes, of Connecticut .

( 2) Subject to any contrary provisions, exceptions or limitations contained in Mohegan tribal or federal law, the courts established by this Ordinance shall have civil jurisdiction over the following persons :

( a) Any person residing, located, or present within the Mohegan Reservation; or ( b) Any person who transacts, conducts, or performs any business or activity within or affecting the Mohegan Reservation, either in person or by an agent or representative for any civil cause of action arising out of that transaction, conduct, business, or activity ; or ( c) Any person who owns, uses or possesses any property,

including any lease, or sublease, within the Mohegan Reservation ; or ( d) Any person who engages in negligent or tortious conduct within the Mohegan Reservation either in person or by an agent or representative ; or ( e) Any person who in= tiates or files with the Trial Court.

any civil cause of act~ on, whether in person or through an attorney, for any counterclaim, cross claim, or any other Page 8 affirmative pleading for relief which may be asserted within that same action ; or ( f) Any person entering upon the Reservation for the purpose of participating in lawful gaming activities, which entry and participation is deemed to be consent to the exercise of jurisdiction by the Tribe over such persons in any civil action to enforce obligations arising from any transaction which arises within the Reservation .

( 3) The foregoing bases of jurisdiction are not exclusive .

ARTICLE V SUBJECT MATTER JURISDICTION Section 501 . The Gaming Disputes Court shall have exclusive original jurisdiction over all cases with respect to which the Tribe has conferred subject matter jurisdiction pursuant to Article XIII of the Mohegan Constitution .

Section 502 . Nothing contained in the preceding paragraph or elsewhere in this Ordinanco shall be construed as a waiver of the sovereign immunity of the Tribe, the Authority or the Tribe's other enterprises or political sub divisions, or of its officers,

agents or employees, unless specifically denominated as such .

ARTICLE VI WAIVER OF SOVEREIGN IMMUNITY . Section 600 . Any contractual waiver of sovereign immunity granted by the : 4ohegan Tribe, acting for itself or through the Tribal Gaming Authority, shall be deemed effective to confer jurisdiction upon this court to hear claims brought against the Page 9 Tribe or judgment terms of its Gaming Authority . The relief available under a entered pursuant to such waiver shall be limited to the that waiver . This Article shall not be deemed a waiver of immunity of the Tribe or any of its subdivisions in the absence of independent provisions of any governing contract or agreement .

Section 601 . No political subdivision of the Mohegan Tribe or corporation owned by the Tribe may assert any claimed defense of sovereign immunity in an action brought by the Tribe under Section 501 or otherwise .

ARTICLE VII GENERAL PROVISIONS Section 700  Actions Seeking Relief Against the Tribe or  ts Officers or Employees . In any civil action where relief is sought under this Ordinance against the. Mohegan Tribe, its officers or employees, or which alleges any breach of legal duty thereby, the named Defendant shall be the Mohegan Tribe or the Mohegan Tribal Gaming Authority as specified in the governing contract or agreement .

Section 701  In any action otherwise authorized against the J Mohegan Tribe or its subdivisions, the following modifications to~.

the rules or procedures set forth in this Ordinance shall apply :

( 1) The periods of time of a civil nature in which an response of any kind due from specified for civil cases or appewls answer, reply, or other pleading c .

the Tribe shall be required shall be double the period otherwise specified . Page 10 ( 2) The Mohegan Tribe or Tribal Gaming Authority when a party to a civil action shall not be liable for the payment of ! the costs, expenses, or attorney's fees of the opposing party .

( 3) The Mohegan Tribe or tribal Gaming Authority when a party to a civil action shall not be required to post security by bond or otherwise for any purpose .

( 4) No action otherwise authorized may the Mohegan Tribe or Tribal Gaming Authority with the complaint a cash or written bond or least two sufficient sureties subject to the court in the amount of $ 500, conditioned for be instituted against unless there is filed undertaking with at jurisdiction of the the payment of such costs, charges, and reasonable attorney's fees to be fixed by the court as may be awarded against the plaintiff in said action,

should the plaintiff not prevail in such action .

Section 702  Limitations in Civil Actions . Unless otherwise specifically provided in this ordinance, the following limitations on the bringing of civil actions shall apply:

( 1) Any action against the Mohegan Tribe or Tribal Gaming Authority must be commenced within one year of the date the cause of action accrued unless a longer limitation period is established by contract .

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( 2) Any other action must be commenced within two years of the date the cause of action accrued, unless a longer limitation period is established by contract ; provided, however, that any cause of action based on fraud or mistake shall not be deemed to have accrued until the aggrieved party has discovered or reasonably should have discovered the facts constituting the fraud or mistake . Page 11 ( 3) For all causes of action which have accrued as of the date of enactment of this ordinance, the limitations periods set out in this section shall be deemed to have commenced on the date J.. enactment of this Ordinance . However, this ordinance shall not o

be construed to revive or authorize a lawsuit on any cause of action which would otherwise be barred by the doctrine of laches or by limitations periods established by the laws of the State of Connecticut .

Secti on 703 Court Fees .

( a) The fee for filing a lawsuit in the Gaming Disputes Court shall be $ 300 .

( b) The charge for ordinary electronically or chemically reproduced copies of documents from any court file shall be $ 1 per page .

ARTICLE VIII RULES OF CIVIL PROCEDURE AND EVIDENCE Sect ion 800  Civil Procedure .

( a) The Connecticut Rules for the Superior Court, as published in the Connecticut Practice Book and as included in the General Statutes of Connecticut, as may be amended from time to s time, are hereby adopted as and declared to be the Rules of Ci? : 1 P ocedure for the Gaming Disputes Court to the extent applicab= e .

( b) The common law of the State of Connecticut regarding zhe State rules of civil procedure is hereby adopted as and declared to be the common law of the Mohegan Tribe .

Section 801  Evidence . Page 12 ( a) The Connecticut rules of law regarding Evidence as published in the Connecticut Practice Book and as included in the General Statutes of Connecticut, as may be amended from time to time, are hereby adopted as and declared to be the law of evidence for the Gaming Disputes Court to the extent applicable .

( b) The common law of the State of Connecticut regarding the State rules of evidence is hereby adopted as and declared to be the common law of the Mohegan Tribe .

Section 802  Service of Process . All process shall be directed to a process server appointed to serve as such by the Mohegan Tribal Council, A Connecticut sheriff, deputy sheriff, a Connecticut municipal constable, or other proper officer authorized by Connecticut statute . A list of such Council appointees shall be maintained by the Tribal Council . A direction on the process " to any proper officer" shall be sufficient to direct the process to a tribal process server, sherif, deputy sheriff, constable, or other proper officer .

Section 803  Application of Rules . Any time li~: its set out in this ordinance, with the exception of Section 702,  may on good cause shown be extended in a particular case . If no procedure is specifically prescribed by rule, the court may proceed in an equitable manner not inconsistent with these rules or the principles of justice and fairness underlying these rules . : R.

ARTICLE IX RULES OF APPELLATE PROCEDURE Section 900  Gaming Disnutes Court of Appeals .

from the Gaming Disputes Trial Court shall be heard the Gaming Disputes Court of Appeals established by Ordinance . =.? 1 appeals a= 4 decided by t^_ s Page 13 Section 901  Right to Appeal . Any party who is aggrieved by any final order, commitment or judgment of the Gaming Disputes Trial Court may appeal in the manner prescribed by this Ordinance .

Section 902 .

( a) The Connecticut Rules of Appellate Procedure as published in the Connecticut Practice Book and as included in the General Statutes of Connecticut, as may be amended from time to time, are hereby adopted as and declared to be the Rules of Appellate Procedure for the Court of Appeals to the extent applicable .

( b) The common law of the State of Connecticut regarding the State rules of appellate procedure i, s hereby adopted as and declared to be the common law of the Mohegan Tribe .

Section 903  Clerk . The Clerk of the Gaming Disputes Court shall serve as the Clerk , of the Court of Appeals . The Clerk shall prepare, certify and file with the appellate court all papers comprising the record of the case appealed within 30 days after a notice of appeal is filed and shall maintain a separate docket for the appellate court in which shall be recorded each stage of the proceedings on each case appealed .

ARTICLE X RULES OF PROFESSIONAL CONDUCT AND CODE OF JUDI CIAL CONDUCT Section 1000  Professional Conduct . The Connec icut Rules of Professional Conduct as published in the Connec= icu= Practice Book , as may be amended from time to time, are hereby adopted as and declared to be the Rules of Professional Conduct for attorneys Page 14 before and judges of the Gaming Disputes Court to the extent applicable .

Section 1001  Adoption and Amendment or Rules . The Chief Judge may amend the Rules of Professional Conduct .

Section 1002  Judicial Conduct . The Connecticut Code of Judicial Conduct as published in the Connecticut Practice Book , as may be amended from time to time, is hereby adopted as and declared to be the Code of Judicial Conduct for the Gaming Disputes Court to the extent applicable, except Canon 5( F),

prohibiting judges from practicing law shall not apply to judges of the Gaming Disputes Court .

Section 1003  Adoption and Amendment or Rules . The Chief Judge, with the approval of the Tribal Council, may amend the Code of Judicial Conduct . This ordinance shall be in full force and effect from and after its date of passage. This ordinance haviuR been made available to the Tribe at and on the date of passage was read this ~() L'  day of 0, , 1995. v


[Federal Register Volume 77, Number 138 (Wednesday, July 18, 2012)]
[Notices]
[Page 42301]
[FR Doc No: 2012-17424]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER12-2205-000]

 Meadow Creek Project Company LLC; Supplemental Notice That
Initial Market-Based Rate Filing Includes Request for Blanket Section
204 Authorization

    This is a supplemental notice in the above-referenced proceeding,
of Meadow Creek Project Company LLC's application for market-based rate
authority, with an accompanying rate schedule, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability is August 1, 2012.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.
    The filings in the above-referenced proceeding(s) are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC There is an eSubscription link
on the Web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: July 12, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-17424 Filed 7-17-12; 8:45 am]
BILLING CODE 6717-01-P