Salazar

MESA GRANDE BAND OF MISSION INDIANS v. Salazar

Good Law

657 F. Supp. 2d 1169·2009 WL 3088798·2009 U.S. Dist. LEXIS 88902

United States District Court, Southern District of CaliforniaSeptember 25, 2009Case 08cv1544-LAB (NLS)California4,036 words

Opinion

Burns, J.

ORDER GRANTING MOTION TO DISMISS

On August 21, 2008, Plaintiff Mesa Grande Band of Diegueño Mission Indians (“Mesa Grande”), a federally-recognized Indian tribe, filed its complaint in this case against the U.S. Secretary of the Interior. On December 30, 2008, Defendant moved to dismiss the complaint. Plaintiff then filed an amended complaint (“FAC”), but pursuant to the Court’s order of February 18, 2009, the Motion was deemed to apply to the FAC.

The Motion is now fully briefed, and additional ex parte pleadings have been filed as well, including a motion to strike exhibits attached to the Motion (to which opposition and reply briefs were also filed), a supplemental brief with a request for oral argument, and a motion to strike the supplemental briefing.

I. Background

This case arises from a dispute between two neighboring Indian tribes over beneficial title to several thousand acres of land in this district. Its origins stretch back over a century. According to the FAC, President Grant issued an executive order setting aside approximately 15,000 acres for Mission Indians in California known as “Santa Ysabel — including Mesa Grande.” In a second order in 1883, President…

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