United States District Court

Western District of New York

Daniel T. Warren                                      Plaintiff,                   vs. United States of America, individually, and as trustee of the goods, credits and chattels of the federally recognized Indian nations and tribes situated in the State of New York; et al.                                        Defendants

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Declaration of Daniel T. Warren in Support of Motion to Add Parties     Case # 06-CV-00226 E(SR)

 

Daniel T. Warren, declares under the penalties of perjury:

1.      This is an action based on the Administrative Procedure Act challenging the constitutionality of the Indian Gaming Regulatory Act and the validity under federal law of the tribal-state compact entered into between the State of New York and the Seneca Nation of Indians.
Barry E. Snyder, Sr. is currently the duly elected President of the Seneca Nation of Indians and is acting pursuant to an unconstitutional act and/or an invalid tribal-state compact.
John Pasqualoni is the current President and Chief Executive Officer of the Seneca Gaming Corporation.

2.      The Seneca Nation of Indians is a federally recognized Indian nation by the Bureau of Indian Affairs.

3.      The Seneca Gaming Corp. is a corporation organized and existing by virtue of the laws of the Seneca Nation of Indians with its principal place of business at 310 Fourth Street, Niagara Falls, New York.

4.      The Seneca Nation of Indians is a party to the alleged invalid tribal-state compact.

5.      The Seneca Gaming Corporation is the entity designated within the compact as the Seneca Gaming Authority which is responsible for regulating Class III Gaming undertaken by the Nation under the subject tribal-state compact.
Therefore, it is clear that the claims to be asserted against Barry E. Snyder, Sr. as President of the Seneca Nation of Indians, John Pasqualoni, as President and Chief Executive Officer of Seneca Gaming Corp., the Seneca Nation of Indians and/or the Seneca Gaming Corporation arise out of the same transactions, occurrences, or series of transactions and occurrences as are presently before the court, and these claims will raise common issues of law or fact.
The Seneca Nation of Indians has moved for permission to file a brief as amicus curiae to urge the dismissal of this action pursuant to FRCP 19 alleging that because in its absence it will not be able to protect its interest in the subject matter of this action.

6.      Joinder of Barry E. Snyder, Sr. as President of the Seneca Nation of Indians, John Pasqualoni, as President and Chief Executive Officer of Seneca Gaming Corp., the Seneca Nation of Indians and/or the Seneca Gaming Corporation will not deprive this court of subject matter jurisdiction over this action.

7.      This court may exercise personal jurisdiction over Barry E. Snyder, Sr. as President of the Seneca Nation of Indians, John Pasqualoni, as President and Chief Executive Officer of Seneca Gaming Corp., the Seneca Nation of Indians and/or the Seneca Gaming Corporation and they may be served with process.

8.      Joinder of Barry E. Snyder, Sr. as President of the Seneca Nation of Indians, John Pasqualoni, as President and Chief Executive Officer of Seneca Gaming Corp., the Seneca Nation of Indians and/or the Seneca Gaming Corporation will not make this court an improper venue for the trial of this action.

Executed on September 18, 2006

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                                                                                    Daniel T. Warren