Guidiville Rancheria v. United States

Order Granting Motion of City of Richmond for Judgment On The Pleadings, FRCP 12(c); Continuing Case Management Conference

Plaintiffs Upstream Point Molate, LLC (“Upstream”) and the Guidiville Ranchería of California (“the Tribe”) (collectively “Plaintiffs”) bring this action against Defendants the United States of America, Sally Jewell, Secretary of the Department of the Interior, Ken Washburn, Assistant Secretary — Indian Affairs, and City of Richmond.

Defendant City of Richmond (“the City”) moves under Federal Rule of Civil Procedure 12(c) for an order granting judgment on the pleadings as the following claims in Plaintiffs’ Third Amended Complaint (Dkt. No. 91, ‘TAC”): the Seventh for breach of contract, the Eighth for breach of the implied covenant of good faith and fair dealing, the Ninth for unjust enrichment, the Tenth for quantum meru-it, and the Thirteenth for specific performance.

The City maintains that, by bringing this lawsuit, Upstream has violated a 2006 court-approved settlement agreement which addressed the legal effect of the contract at issue here. Specifically, Plaintiffs bring claims against the City for breach of a Land Disposition Agreement (“LDA”), as…