NGV Gaming, Ltd. v. Upstream Point Molate, LLC

ORDER DENYING DEFENDANTS’ MOTION TO DISMISS

I. INTRODUCTION

Plaintiff NGV Gaming, Ltd., (“Plaintiff’ or “NGY”) filed this action against rival casino development groups Upstream Point Molate, LLC and Harrah’s Operating Company, Inc. (“Defendants”), alleging that Defendants tortiously interfered with Plaintiffs contract with the Guidiville Band of Pomo Indians (“the Tribe”). Defendants bring the present motion to dismiss Plaintiffs complaint for failure to state a claim upon which relief can be granted. The Tribe applies to participate as amicus curiae, and urges dismissal of the entire action due to its status as a necessary and indispensable party. This Court grants the Tribe’s application to participate as amicus curiae, but does not find the Tribe to be necessary to this action at this time. Moreover, this Court finds that Plaintiff has sufficiently stated a claim, and denies Defendants’ motion to dismiss the action.

II. LEGAL STANDARD

A motion to dismiss pursuant to Rule 12(b)(6) tests the sufficiency of the complaint. Dismissal of an action pursuant to Rule 12(b)(6) is appropriate only where it “appears beyond doubt that the plaintiff can prove no set of facts in support…