Here is the District of Arizona’s opinion in Salt River Pima-Maricopa Indian Community v. United States — Salt River DCT Order. An excerpt:
On May 30, 2008 the Salt River Pima-Maricopa Indian Community and various Community members (Plaintiffs/Counterdefendants) filed a tort class action against the United States and its officers (Defendants/Counterclaimants) relating to the unauthorized presence of federal power lines on Plaintiffs’ property, seeking monetary, declaratory and injunctive relief (Doc. 1). On August 11, 2008 Defendants filed a Motion to Stay Proceedings, pending the outcome of a related action for breach of contract before the Federal Court of Claims (Docs.21-22). On October 27, 2008 the Motion was denied and Defendants were ordered to file an Answer (Doc. 29). On November 5, 2008 Defendants filed an Answer and Counterclaim requesting equitable relief against Plaintiffs (Doc. 32). On November 25, 2008 Plaintiffs filed a Motion to Dismiss Counterclaim pursuant to Federal Rule of Civil Procedure 12(b)(6)(Docs.39-40). On December 12, 2008 Defendants responded and, on December 31, 2008, Plaintiffs replied (Docs.47, 50). Before the Court is Plaintiffs’ Motion to Dismiss, which will be granted.
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