TIMBISHA SHOSHONE TRIBE v. Kennedy

ORDER ON PLAINTIFFS’ MOTION TO DISMISS AND REMAND (Doe. 51) and DEFENDANTS’ MOTION TO AMEND BY SUBSTITUTION (Doc. 54)

LAWRENCE J. O’NEILL, District Judge.

Introduction

The Court must determine whether it has federal subject matter jurisdiction over claims that, while based on state and tribal law, rely on decisions of the United States Department of Interior, Bureau of Indian Affairs (“BIA”). As set forth below, subject matter jurisdiction exists if the well-pleaded complaint establishes either: (1) federal law creates a cause of action; or (2) the plaintiffs right to relief necessarily depends…