Here are the materials so far in Bussey v. Macon County Greyhound Park (M.D. Ala.) relating to the motion to dismiss the tribal defendant:

Miami Tribe BDA Motion to Dismiss

Bussey Response

DCT Order Denying Motions to Dismiss

An excerpt:

Plaintiffs contend that, without the benefit of discovery, they cannot ascertain whether the Tribe “waived sovereign immunity by contract or other agreement” (Doc. # 96, at 3) because they are not in the possession of any contracts (Doc. # 96, at 6). The court takes no position on whether, as Plaintiffs assert, discovery “most likely” will prove a contractual waiver of sovereign immunity as to Plaintiffs’ claim against the Tribe. (Doc. # 96, at 6.) It is noted, though, that the existence of such a contract is neither admitted nor denied by the Tribe. All of this is why, without discovery, it would be inappropriate at this time to determine the issue of sovereign immunity on a factual Rule 12(b)(1) motion. Accordingly, the Tribe’s motion to dismiss based upon sovereign immunity is due to be denied at this time.