Wisconsin v. Ho-Chunk Nation

MEMORANDUM AND ORDER

SHABAZ, District Judge.

Plaintiff commenced this action for the appointment of an arbitrator pursuant to provisions of the gaming compact between the parties and the Federal Arbitration Act (“FAA”), 9 U.S.C. § 5, and has moved for an immediate appointment. Defendant has moved to dismiss the case for lack of jurisdiction and, alternatively, for failure to state a claim because the FAA does not extend to contracts between the state and the tribe and there has not been a “lapse” in the appointment of the arbitrator. The following is a summary of the allegations of the…