American Vantage Companies, Inc. v. Table Mountain Rancheria

We hold that an unincorporated Indian tribe such as appellee is not a “citizen” of a state within the meaning of the federal diversity statute, 28 U.S.C. § 1332 (a)(1), and thus cannot sue or be sued in diversity. The district court’s dismissal of this action for want of subject matter jurisdiction is affirmed.

FACTS AND PROCEDURAL BACKGROUND

Appellee Table Mountain Ranchería (“Table Mountain”) is a federally recognized Indian tribe located in Fresno County, California, where it owns and operates a casino on reservation land. Neither the tribe nor the casino is incorporated under federal, state or tribal law. The parties entered a contract through which appellant American Vantage Companies, Inc. (“American Vantage”)) a Nevada corporation, provided gaming management and consulting services to the tribe in connection with operation of the casino. The contract states that the tribe “waives its sovereign immunity from suit solely for the purposes of enforcement of the terms of this Agreement” and that “either party to this Agreement may seek appropriate relief in a United States District Court, unless the parties agree to an alternate forum, for the breach of the Agreement.” The…