Federal Court Refuses to Dismiss Suit against Alaska Assn. of Village Presidents on Immunity Grounds

Here are the materials in Eaglesun Systems Products Inc. v. Association of Village Council Presidents (N.D. Okla.):

22 Motion to Dismiss

25 Opposition

33 Reply

41 DCT Order Denying Motion to Dismiss

An excerpt:

Now before the Court are the following motions: Defendant’s Motion to Dismiss (Dkt. # 22), Plaintiff’s Motion to Strike (Dkt. # 27), and Plaintiff’s Motion for Jurisdictional Discovery (Dkt. # 36). Defendant Association of Village Council Presidents (AVCP) argues that it has sovereign immunity from suit because all of its members are federally-recognized Indian tribes and AVCP was created to provide governmental services for its members. Plaintiff Eaglesun Systems Products, Inc. responds that AVCP is a non-profit corporation organized under state law, and it is not entitled to sovereign immunity as an Indian tribe or as a tribal organization. Plaintiff also requests leave to conduct jurisdictional discovery before the Court rules on defendant’s motion to dismiss.

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