Platform 10, LLC v. Battle Mountain Band - Te-Moak

FILED

NOT FOR PUBLICATION

AUG 18 2022

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

PLATFORM 10, LLC, No. 21-17018

Plaintiff-Appellant, D.C. No. 3:20-cv-00238-RCJ-CLB v.

BATTLE MOUNTAIN BAND OF THE MEMORANDUM*

TE-MOAK TRIBE OF WESTERN

SHOSHONE INDIANS OF NEVADA,

Defendant-Appellee.

Appeal from the United States District Court for the District of Nevada Robert Clive Jones, District Judge, Presiding

Submitted August 16, 2022** San Francisco, California

Before: FERNANDEZ, SILVERMAN, and N.R. SMITH, Circuit Judges.

Platform 10, LLC (Platform 10) appeals from the district court’s dismissal of

its breach of contract action against the Battle Mountain Band of the Te-Moak

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Tribe of Western Shoshone Indians of Nevada (the Band) for lack of subject matter

jurisdiction. We review de novo,1 and…