Rettick V. Floyd Essay

1770 Words Jul 11th, 2012 8 Pages
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
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Complaint. Floyd Industries, LLC is a limited liability company formed under the law of the State of Columbia and with its principal place of business in Columbia.
Sandra Floyd is a member of the White Eagle Tribe. Id.

Rettick alleges that, in 2008, Rettick and Petitioners entered into a contract under which Petitioners sold and delivered five (9 mm.) semi-automatic handgun styled the “Model 9” to Rettick. Rettick further alleges that, on or about May 1, 2009, he was injured on land owned by the Taraconic Tribe within the
Silver Oak Reservation when a (9 mm.) semi-automatic handgun styled the “Model 9” exploded in his hand when he attempted to fire the weapon. Complaint.
III.

PROCEDURAL HISTORY

On December 28, 2009, Rettick filed a c omplaint against Petitioner s in the Tribal Court of the
Taraconic Tribe to recover for his alleged serious injury. (Rettick’s original Complaint)
On January 26, 2010, Petitioner s brought an action in the United District Court for a permanent injunction to enjoin Rettick from prosecuting his tort action against Petitioner s in the Tribal Court of the
Taraconic Tribe. (Petitioners’s Complaint for Permanent Injunction)
On February 16, 2010, Rettick filed a motion to dismiss, or in the alternative, for a stay of
Petitioners’s permanent injunction. (Rettick’s Motion to Dismiss)
IV.

ARGUMENT
A. This Court Should Not Dismiss Floyd’s Industries Action for Failure to State a Claim
Because the Tribal Court Does Not

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