Summary
holding that when a tribal organization waives sovereign immunity as required by the SBA 8 program, that language is sufficiently broad to grant federal courts jurisdiction over employment related matters
Summary of this case from Aquate II, LLC v. MyersOpinion
Civ. No. 6:17-cv-0962-JR
08-30-2018
ZACHARY HUNTER, Plaintiff, v. REDHAWK NETWORK SECURITY, LLC, Defendant.
ORDER :
Magistrate Judge Jolie A. Russo filed a Findings and Recommendation (ECF No. 33), and the matter is now before this court. See 28 U.S.C. § 636(b)(1)(B), Fed. R. Civ. P. 72. Plaintiff filed objections to the Findings and Recommendation. Accordingly, I have reviewed the file of this case de novo. See 28 U.S.C. § 636(b)(1)(c); McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9 Cir. 1981). I find no error and conclude the report is correct. The report correctly analyzes the five factors of the "arms-of-the-tribe" analysis to conclude that Defendant is not an "arm-of-the-tribe." Magistrate Judge Russo's Findings and Recommendation (ECF No. 33) is adopted. Defendant's motion to dismiss for lack of subject matter jurisdiction is DENIED. IT IS SO ORDERED.
DATED this 30 day of August, 2018.
/s/ Michael J. McShane
Michael McShane
United States District Judge