BREAKING: DC Federal Court sets hearing date and briefing schedule on legal challenge to Florida sports betting compact. Video hearing is scheduled for Nov. 5 at 10 AM EST. Plaintiffs' motion for summary judgment or preliminary injunction must be filed by Sept. 21. 
Although the FL statute and compact provide for an Oct. 15 launch date for all sports betting, the reason for the later hearing date of Nov. 5 is based on the Tribe's representation that online sports betting will be implemented in Florida on November 15th (one month later).
Here's what prompted the seemingly out-of-nowhere hearing date and briefing schedule: West Flagler (the operator of Magic City Casino and Bonita Springs Poker Room) and the U.S. Dep't of Interior filed a joint motion yesterday requesting a briefing schedule and hearing date.
"The purpose of this joint motion is to propose a schedule for the Parties to present to the Court the purely legal issues in this case in a time frame that will allow for a decision on those issues by or before November 15, 2021."
From the Joint Motion:
"Plaintiffs argue that the Secretary’s deemed approval of the online sports betting portions of the Compact was contrary to law, arbitrary and capricious, and ultra vires because it allegedly contravenes and exceeds Defendants’ authority under IGRA."
"Plaintiffs argue that the Secretary’s deemed approval of the online sports betting portions of the Compact was contrary to law, arbitrary and capricious, and ultra vires because it allegedly contravenes and exceeds Defendants’ authority under IGRA."
Why the expedited hearing date:
"Plaintiffs contend that certain of their claims present questions of law that may be resolved without the need for production of the administrative record and that they are entitled to summary judgment on those claims."
"Plaintiffs contend that certain of their claims present questions of law that may be resolved without the need for production of the administrative record and that they are entitled to summary judgment on those claims."
West Flagler says it will be filing a motion for summary judgment and, in the alternative, a motion for preliminary injunction "no later than September 21, 2021." Likely uptick in PACER search fees that day.
"Further, Plaintiffs contend that they will sustain substantial irreparable harm if the online sports betting provision of the Compact is not preliminarily enjoined or permanently set aside prior to Nov. 15, 2021," when online sports betting is scheduled to become operational.
Here's the briefing schedule:
9/21 - Plaintiffs' MSJ and/or Motion for PI
10/12 - DOI response/cross-motion
10/19 - Plaintiffs' Reply Brief
10/26 - DOI Reply Brief on X-motion
9/21 - Plaintiffs' MSJ and/or Motion for PI
10/12 - DOI response/cross-motion
10/19 - Plaintiffs' Reply Brief
10/26 - DOI Reply Brief on X-motion
Top lawyer name of the day:
FULL BRIEFING SCHEDULE:
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