Here are the materials in Skokomish Indian Tribe v. Goldmark (W.D. Wash.):
59 State Defendants Motion to Dismiss
60 Prosecuting Attys Motion to Dismiss
67 Tribal Amici Motion to Dismiss
116 DCT Order Dismissing Complaint
An excerpt:
Being fully advised, the court GRANTS both motions on grounds that Skokomish Indian Tribe failed to join certain other Indian tribes in this action. These other tribes are required parties under Federal Rule of Civil Procedure 19, but cannot be joined due to their sovereign immunity. Because the court concludes that the action cannot proceed “in equity and good conscience” without these other tribes, see id., the court dismisses Skokomish Indian Tribe’s action without prejudice. With respect to Defendants Goldmark and Young only, the court also grants Defendants’ motions to dismiss on grounds of Eleventh Amendment sovereign immunity and because Skokomish Indian Tribe has failed to state a claim under Federal Rule of Civil Procedure 12(b)(6). Nevertheless, despite granting Defendants’ motions, the court also grants Skokomish Indian Tribe leave to amend its Amended Complaint.
We posted the complaint here.
The court order refers to an amended complaint which is much longer than the original one. Any chance you could post it? Thanks