Merrill v. Picayune Rancheria of Chukchansi Indians

Filing 23

ORDER Granting Defendant Picayune Rancheria of Chukchansi Indians' Motion to Dismiss, signed by Judge Oliver W. Wanger on 3/7/11. CASE CLOSED. (Verduzco, M)

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Gregory S. Mason, # 148997 M. Leah Cameron # 274637 McCormick, Barstow, Sheppard, Wayte & Carruth LLP P.O. Box 28912 5 River Park Place East Fresno, CA 93720-1501 Telephone: [phone] Facsimile: [phone] Attorneys for Specially Appearing Defendants PICAYUNE RANCHERIA OF CHUKCHANSI INDIANS, CHUKCHANSI ECONOMIC DEVELOPMENT AUTHORITY dba CHUKCHANSI GOLD RESORT & CASINO

(SPACE BELOW FOR FILING STAMP ONLY)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

REBECCA MERRILL, Plaintiff, v. PICAYUNE RANCHERIA OF CHUKCHANSI INDIANS dba CHUKCHANSI GOLD RESORT & CASINO and DOES 1 through 10, inclusive, Defendants.

Case No. 1:10-CV-01155-OWW-SKO ORDER GRANTING DEFENDANT PICAYUNE RANCHERIA OF CHUKCHANSI INDIANS' MOTION TO DISMISS Date: February 7, 2011 Time: 10 a.m. Courtroom: 3 Judge: Hon. Oliver W. Wanger

The Motion to Dismiss of Defendant Picayune Rancheria of Chukchansi Indians came 20 21 22 23 24 25 26 27 28
MCCORMICK, BARSTOW , SHEPPARD, W AYTE & CARRUTH LLP
5 RIVER PARK PLACE EAST FRESNO, CA 93720-1501

regularly for hearing on February 7, 2011, at 10 a.m., in Courtroom 3 before the Honorable Oliver W. Wanger, of the above-entitled Court. All appearances are noted on the record. After reviewing all the papers on file with the Court and entertaining oral argument thereon, the Court ruled that Defendant is a federally recognized Indian Tribe entitled to sovereign immunity and that such sovereign immunity has not been expressly waived. Based on the foregoing,

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS 1:10-CV-01155-OWW-SKO

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IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 1. That the Motion to Dismiss of Defendant Picayune Rancheria of Chukchansi

Indians pursuant to Federal Rule of Civil Procedure Rule 12(b)(1) and on the basis that this court lacks subject matter jurisdiction is GRANTED.

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MCCORMICK, BARSTOW , SHEPPARD, W AYTE & CARRUTH LLP
5 RIVER PARK PLACE EAST FRESNO, CA 93720-1501

2.

That Plaintiff's Complaint and this entire action is dismissed with prejudice

because it cannot be repled properly to establish this court's jurisdiction. 3. The Clerk of this Court is directed to close this case.

Dated: March 7, 2011

/s/ OLIVER W. WANGER United States District Court Judge EASTERN DISTRICT OF CALIFORNIA

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ORDER GRANTING DEFENDANT'S MOTION TO DISMISS 1:10-CV-01155-OWW-SKO

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