Here are the materials in Contour Spa at Hard Rock v. Seminole Tribe (S.D. Fla.):
DCT Order Remanding Case to Fla. Cir. Ct.
Seminole Tribe Motion to Dismiss
Contour Spa Response to Cypress Motion
Contour Spa Response to Tribe Motion
Of note, the court here appeared to assume that the so-called “Dry Creek lodge exception” could apply here, but found that the plaintiffs did not meet the requirements (one of which was essentially exhaustion of tribal forums). This is a potentially troubling development (that is, the spread of Dry Creek Lodge to areas outside of the Tenth Circuit).
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