Petrogulf Corp. v. Arco Oil & Gas Co.

MEMORANDUM OPINION AND ORDER

BABCOCK, District Judge.

Defendants move pursuant to Rules 12(b)(1) and 12(b)(6) to dismiss plaintiffs Complaint for failure to exhaust tribal court remedies. The motion is adequately briefed and oral argument will not materially aid its resolution. For the reasons set forth below, I construe defendants’ motion to dismiss as one for dismissal without prejudice, and grant the motion. Jurisdiction is asserted under 28 U.S.C. § 1332.

I

The following facts are undisputed unless otherwise noted. Under oil and gas leases entered into with private fee mineral owners,…