Rincon Mushroom Corporation of v. Bo Mazzetti

FILED

NOT FOR PUBLICATION APR 20 2012

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

RINCON MUSHROOM CORPORATION No. 10-56521 OF AMERICA, a California corporation, D.C. No. 3:09-cv-02330-WQH- Plaintiff - Appellant, POR

v.

MEMORANDUM*

BO MAZZETTI; JOHN CURRIER;

VERNON WRIGHT; GILBERT

PARADA; STEPHANIE SPENCER;

CHARLIE KOLB; DICK

WATENPAUGH,

Defendants - Appellees.

Appeal from the United States District Court for the Southern District of California William Q. Hayes, District Judge, Presiding

Argued and Submitted April 12, 2012 Pasadena, California

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. Before: SILVERMAN and RAWLINSON, Circuit Judges, and TUNHEIM, District Judge.**

Appellant Rincon Mushroom Corporation of America (RMCA) challenges

the district court’s dismissal of RMCA’s Complaint for failure to exhaust tribal

remedies. RMCA argues that exhaustion is not required in this case because the

tribal court plainly lacks jurisdiction. We agree, and reverse the…