Barker-Hatch

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS

Defendant, the Viejas Group Baron Long Capitan Grande Band of Digueno Mission Indians of the Viejas Group Reservation (“Viejas Group”), moves to dismiss plaintiffs’ suit for damages sustained when Jacquelin Barker-Hatch slipped and fell on a wet walkway on defendant’s property. Defendant argues that, as a federally-recognized Indian tribe, it is immune from suit under the doctrine of sovereign immunity. For the reasons expressed below, the Court need not reach the issue of sovereign immunity because it lacks subject matter to resolve the dispute.

It is axiomatic that federal judicial power extends only to cases and controversies over which a court has subject matter jurisdiction. See Fed.R.Civ.P. 12(b)(1); Kokkonen v. Guardian Life Ins. Co., 511 U.S. 375 , 114 S.Ct. 1673 , 128 L.Ed.2d 391 (1994). Although neither of the parties broached the issue of subject matter jurisdiction, it is incumbent on the Court to address this threshold question. See National Distribution Agency v. Nationwide Mut. Ins. Co., 117 F.3d 432, 433 (9th Cir.1997). Plaintiffs allege in their complaint that, at the time of the incident, they were residents of…