Bodi
Bodi v. Shingle Springs Band of Miwok Indians
Opinion
Lead Opinion
Karlton, J.
ORDER
This matter concerns an employment law dispute between plaintiff Beth A. Bodi and defendants Shingle Springs Band of Miwok Indians (“Tribe”), Shingle Springs Tribal Health Program (“Health Program”), Shingle Springs Tribal Health Board (“Health Board”), and individual defendant Brenda Adams, a Tribe member. The gravamen of plaintiffs Second Amended Complaint is that she was wrongfully terminated due to her illness, in violation of state and federal law, includ *980 ing the federal Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq. (“FMLA”). The action was initially filed in state court; defendants removed, and now move to dismiss under Fed.R.Civ.P. 12(b)(1), asserting lack of subject matter jurisdiction based on tribal sovereign immunity.
Having considered the matter, the court will grant defendants’ motion to dismiss in part and deny it in part, for the reasons set forth below.
I. BACKGROUND
A. Factual Background
Plaintiffs Second Amended Complaint (“SAC,” ECF No. 17) alleges as follows.
Defendant Tribe is a federally-registered and recognized Indian tribe. (SAC ¶2.) Plaintiff is a Tribe member. (SAC ¶ 18.)