ONEIDA NATION OF NEW YORK v. PATERSON

No. 6:10-CV-1071.

ONEIDA NATION OF NEW YORK, Plaintiff, v. DAVID A. PATERSON, JAMIE WOODWARD, and WILLIAM J. COMISKEY, Defendants. NEW YORK ASSOCIATION OF CONVENIENCE STORES, NEW YORK STATE ASSOCIATION OF COUNTIES, AMERICAN CANCER SOCIETY, Amici Curiae.

United States District Court, N.D. New York.

October 14, 2010.


Attorney(s) appearing for the Case

PETER D. CARMEN, ESQ., MEGHAN MURPHY BEAKMAN, ESQ., ONEIDA NATION LEGAL DEPARTMENT, Attorneys for Oneida Indian Nation, Verona, NY.

MICHAEL R. SMITH, ESQ., ZUCKERMAN SPAEDER LLP, Attorneys for Oneida Indian Nation, Washington, D.C.,

DANIEL F. KATZ, ESQ., DENNIS M. BLACK, ESQ., MICHAEL V. PINKEL, ESQ., MATTHEW V. JOHNSON, ESQ., WILLIAMS & CONNOLLY LLP, Attorneys for Oneida Indian Nation, Washington, D.C.

SENTA B. SUIDA, ESQ., Ass't Attorney General, HON. ANDREW M. CUOMO, Attorney General for the State of New York, Attorney for Defendants, Syracuse, NY,

DAVID B. ROBERTS, ESQ., Ass't Attorney General, ANDREW D. BING, ESQ., Deputy Solicitor General, Albany, NY,

RICHARD T. SULLIVAN, ESQ., HARRIS BEACH PLLC, Attorneys for New York Association of Convenience Stores, Amicus curiae, Buffalo, NY,

ROBERT W. GIBBON, ESQ., Ass't Counsel, STEPHEN J. ACQUARIO, ESQ., General Counsel for New York State Association of Counties, Amicus Curiae, Albany, NY,

PATRICK J. McKENNA, ESQ., Attorney for American Cancer Society, Amicus Curiae, Albany, NY.


MEMORANDUM-DECISION & ORDER and PRELIMINARY INJUNCTION

DAVID N. HURD, District Judge.

I. INTRODUCTION

On September 17, 2010, an Order to Show Cause and Temporary Restraining Order ("TRO") was issued. Plaintiff Oneida Nation of New York's ("Oneida Nation") motion for a preliminary injunction was set down for a hearing on October 1, 2010. The parties...

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