Buena Vista Rancheria of Me-Wuk Indians v. Pacific Coast Building Products, Inc.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ----oo0oo---- 11 BUENA VISTA RANCHERIA OF ME-WUK No. 2:23-cv-00168 WBS CKD INDIANS, a federally recognized Indian tribe, Plaintiff, CORRECTED MEMORANDUM AND

ORDER RE: DEFENDANTS’ MOTION

v. TO DISMISS1 PACIFIC COAST BUILDING PRODUCTS, INC., a California corporation, PCBP PROPERTIES, INC., a Nevada corporation, and H.C. MUDDOX, a corporate subsidiary of Pacific Coast Building Products, 19 Defendants.

21 ----oo0oo---- 22 The Buena Vista Rancheria of Me-Wuk Indians 23 (“plaintiff”) brought this action against Pacific Coast Building 24 Products, Inc., PCBP Properties, Inc., and H.C. Muddox 25 (collectively “defendants”), asserting claims for nuisance and 26 27 The court heard oral argument on this motion on June 12, 2023. trespass under federal common law. (See generally Compl. (Docket No. 1).) Before the court is defendants’ motion to dismiss.2 (Docket No. 8.) I. Factual Allegations Plaintiff occupies the Buena…