The case is Bales v. Chickasaw Nation Industries, out of the District of New Mexico. Here is the DCT order — dct-order-dismissing-bales-complaint
An excerpt:
On March 31, 2008, Defendant filed Defendant’s Motion to Dismiss for Lack of Subject Matter Jurisdiction (Doc. No. 9) based on tribal sovereign immunity. On June 13, 2008, the Court informed the parties by letter that on March 19, 2008 the Tenth Circuit heard oral argument in Native American Distributing, et al. v. Seneca-Cayuga Tobacco Company, et al, 546 F.3d 1288 (10th Cir.2008)(hereinafter referred to as NAD ), a case discussing tribal sovereign immunity with respect to an Oklahoma tribal corporation. The Court also gave the parties an opportunity to supplement their briefs to address the significance of the Tenth Circuit’s decision in NAD. The parties, in fact, filed supplemental briefs. See Doc. Nos. 24, 25, and 26. Having considered the briefs (including the supplemental briefs) and the relevant law, the Court concludes that the motion to dismiss should be granted and that this lawsuit should be dismissed for lack of subject matter jurisdiction.
And the briefs:
Turtle Talk 