Cook

Facts regarding the accident are taken from Cook’s complaint. Because the district court dismissed Cook’s claims pursuant to Federal Rule of Civil Procedure 12(b)(1), alleged facts not relating to subject matter juris- diction are assumed to be true. Wah Chang v. Duke Energy Trading and Marketing, 507 F.3d 1222, 1224 n.1 (9th Cir. 2007). 15384 COOK v. AVI CASINO ENTERPRISES Andrea Christensen (“Christensen”), a cocktail waitress at Avi Casino, attended a nighttime birthday party at the casino for another employee. Defendants Ian Dodd and Debra Pur- baugh were among the casino employees at the party, during which Dodd, the on-duty manager, announced that drinks were “on the house.” Christensen was off-duty, and Purbaugh served her alcoholic beverages after she was obviously intoxi- cated.

Defendants let Christensen board a casino-run shuttle bus to the employee parking lot so that she could drive home. Christensen headed north on Aztec Road, which was located within the Fort Mojave reservation. Leading to the tragic acci- dent, Cook was driving his motorcycle southbound on the same road; he was heading home after visiting his mother-in- law. Minutes after leaving the…