Payne ex rel. Estate of Hamrick v. Mississippi Band of Choctaw Indians

MEMORANDUM OPINION AND ORDER

Tom S. Lee, UNITED STATES DISTRICT JUDGE

This cause is before the court on the motion of defendants Mississippi Band of Choctaw ' Indians d/b/a Choctaw Resort Development Enterprise, to dismiss for lack of jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1). Plaintiff Kenny Payne, on behalf of the Estate of Betty Sue Hamrick and all wrongful death beneficiaries of Betty Sue Hamrick, has responded in opposition to the motion. The court, having considered the memo-randa of authorities, together with attachments, submitted by the parties, concludes that…