1.) Defendant Cache Creek Casino Resort is an enterprise controlled by the Yocha Dehe Wintun Nation, (the “Tribe”) which entered a tribal-state compact with California (as approved by the Secretary of the Interior). Plaintiff Nguyen is a recipient of SSI disability. The undersigned recommends Nguyen’s motion for sanctions be DENIED, Cache Creek’s motion to dismiss be GRANTED, and this case be CLOSED. 28), and the court took the matter under submission (ECF No. Nguyen opposed dismissal, contending among other things that jurisdiction exists from the federal statutes pleaded. 12.) Cache Creek argues that as an enterprise wholly owned by a sovereign tribal entity, the court has no power to rule on Nguyen’s claims. 1.) On November 24, 2020, Cache Creek entered a special appearance in order to contest the court’s subject matter jurisdiction. Nguyen, proceeding pro se after paying the filing fee through installments, asserts various federal- and state-law claims against defendant Cache Creek Casino Resort concerning Nguyen’s detention on the Casino’s premises. California.įINDINGS AND RECOMMENDATIONS ON DEFENDANT’S MOTION TO DISMISS (ECF No.
Only the Westlaw citation is currently available. Indian Law Bulletins | Federal Courts 2021 | Nguyen v.
