Legal Opinion
Minchumina Natives, Inc. v. United States Department of the Interior
District Court, D. Alaska
Decided April 11, 2005No. F0427CVJWSPublishedCited by 1 opinion
1Opinion of the Court
ORDER FROM CHAMBERS
[Re: Motion at docket 8]
SEDWICK, District Judge.
I. MOTION PRESENTED
At docket 8, defendant United States Department of the Interior (“DOI”) moves to dismiss this case pursuant to Federal Rule of Civil Procedure 12(b)(6) 1 on the grounds that the plaintiff Minchumina Natives, Inc. (“MNI”) lacks capacity to prosecute the action. The motion is opposed at docket 14, 2 and defendant’s reply is at docket 16. Oral argument has not been requested and would not be of aid to the court.
II. BACKGROUND
On October 6, 2004, MNI filed a complaint asking the court to declare its rights with…
2Cases cited5 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Holden v. HagopianCourt of Appeals for the Ninth Circuit · 1992
- Vignolo v. MillerCourt of Appeals for the Ninth Circuit · 1997
- Brian Clewer, Inc. v. Pan American World Airways, Inc.District Court, C.D. California · 1986
3Cited by1 opinion
- Minchumina Natives, Inc. v. United States Department of the InteriorCourt of Appeals for the Ninth Circuit · 2006