Unite Here International Union v. Pala Band of Mission Indians
Opinion
Opinion
Whelan, J.
ORDER GRANTING RESPONDENT’S MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION (Doc. No. 4)
On December 11, 2007 Petitioner Unite Here (“Petitioner” or “Unite Here”) filed this petition to confirm an arbitration award against Respondent Pala Band of Mission Indians (“Respondent” or “Pala Band”). (Doc. No. 1.) On April 4, 2008 Respondent moved to dismiss the petition for lack of subject matter jurisdiction. (Doc. No. 4.) The Court decides the matter on the papers submitted and without oral argument. See S.D. Cal. Civ. R. 7.1(d)(1). For the following reasons, the Court GRANTS Respondent’s motion and DISMISSES Petitioner’s petition. (Doc. No. 4.)
I. Background
A. The Parties
Petitioner Unite Here is an international labor union with an office in San Diego County. (PetJ 4.) Respondent Pala Band of Mission Indians is an Indian tribe whose reservation is located in San Diego County. (Id. ¶ 5.) The Pala Band owns and operates a casino known as the Pala Casino Spa and Resort (“Casino”), which is also located in San Diego County. (Id.) Many Casino workers belong to the Unite Here labor union.