Taylor

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS

Defendant Bureau of Indian Affairs (“BIA”) brought a motion to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) and (7) for failure to state a claim upon which relief can be granted and for failure to join a party under Rule 19 respectively. Plaintiffs opposed the motion, and the BIA replied. For reasons stated below, the Court finds that Plaintiffs failed to join a party indispensable to a large part of their claims, and failed to state a cause of action pursuant to the Indian Civil Rights Act and for a Fifth Amendment due process violation. Accordingly, the BIA’s motion to dismiss is GRANTED, and Plaintiffs are granted LEAVE TO AMEND the complaint with respect to the alleged due process violation only.

FACTUAL AND PROCEDURAL BACKGROUND

Plaintiffs brought this action pursuant to the Administrative Procedures Act (“APA”), Title 5, United States Code, Section 702 et seq. in response to the BIA’s Written Notice of Intent to Impound Plaintiffs’ cattle (the “Impound Notice”). Plaintiffs’ cattle were allegedly grazing on land belonging to the Los Coyotes Band of Indians (the “Band”). Plaintiffs seek to set aside…