Gristede's Foods, Inc. v. Unkechuage Nation

MEMORANDUM & ORDER

MATSUMOTO, District Judge:

Pending before the court is the motion of defendants Unkechuage Nation a/k/a Unkechuage Poospatuck Tribe, Harry Wallace, and the Poospatuck Smoke Shop and Trading Post to dismiss for lack of subject matter jurisdiction pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure. For the reasons set forth below, the defendants’ motion is granted with respect to the Unkechuage Nation and Harry Wallace, to the extent that Harry Wallace is sued in his official tribal capacity. The defendants’ motion is denied with respect to Harry Wallace in his…