MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO PLAINTIFF’S
MOTION TO DISMISS OR STAY OF A PERMANENT INJUNCTION
I.

INTRODUCTION

This Memorandum of Points and Authority is submitted by Floyd Industries, LLC, and Sandra Floyd
(herein collectively referred to as “Petitioners”) in opposition to Orin Rettick (“Rettick”)’s motion to dismiss, or in the alternative, for a stay of a permanent injunction filed by Petitioners in this Court.
Petitioners request this Court to grant Petitioners’ request for a permanent injunction of Rettick’s claim in the Tribal Court of the Taraconic Tribe. The Tribal Court of the Taraconic Tribe does not have adjudicatory jurisdiction over Rettick’s tort claim a gainst P etitioners because neither Floyd Industries,
LLC, nor Sandra Floyd are members of the Taraconic Tribe, because the fact that the clai m arose on tribal land is non-dispositive for jurisdiction, and because Rettick’s claim did not meet any of the ex ceptions for the general rule of limited exercise of inherent tribal power. Rettick’s claim did not meet the exceptions because his claim presents a simple torts claim that neither threatens the self -government of the tribe nor suggests the claim is contractual in nature. Because it is clear that the tribal court lacks jurisdiction over the claim, Petitioners request this Court to exercise jurisdiction over this case without waiting for exhaustion of claims in the tribal court. Accordingly, Petitioners request this Court to grant Petitioners’s request for a permanent injunction of Rettick’s claim in the Tribal Court of the Taraconic Tribe.
II.

FACTUAL BACKGROUND

Orin Rettick (“Rettick”), a member and the Chief of Police for the Taraconic Tribe, alleges that h e was injured by a handgun sold and delivered to him by Floyd Industries, LLC and Sandra Floyd (herein collectively referred to as