PLAINTIFF’S AMENDED COMPLAINT
- 2Case No.: 1:09 CV 01977 OWW SMS
Plaintiffs, KAWAIISU TRIBE OF TEJON (“Tribe”) and DAVID LAUGHING HORSEROBINSON (“Robinson”) allege as follows:
1. This action concerns the development of certain real property in Kern County,California, along with the Department of Interior’s failure to engage the Tribe and protect itsinterests pursuant to treaties, Executive Orders, and other Acts of Congress. The originalComplaint in this action was filed on November 10, 2009, by Plaintiff David Laughing HorseRobinson
, on behalf of himself, as chairman of his Tribe, and on behalf of his tribalmembers (Docket #1). Defendants each filed Motions to Dismiss and/or Strike challengingPlaintiff’s Complaint on a variety of grounds (Docket #s 7, 9, 10, 11, 47). Plaintiff subsequentlyretained counsel and requested leave to amend their complaint on June 29, 2010 (Docket # 62).On July 6, 2010, this Court vacated the initial hearing on Defendants’ Motions set for July 12,2010 and granted leave for Plaintiff to file an amended complaint by August 15, 2010 (Docket #70).
2. Plaintiff Tribe is the governing entity of The Kawaiisu Tribe of Tejon Indians
The Tribe and its members are located in Kern County, California, and reside within thehistorical boundaries of the 1849 Treaty with the Utah along with the 1853 Tejon/SebastianReservation. As the claims at issue are all tribal in nature, the Tribe concedes that
Plaintiff Robinson lacked standing in his individual capacity to assert the causes of action asinitially plead with respect to the Department of Interior. As the Tribe adequately represents theinterests of its members, there was likewise no need to designate a ‘class’ of tribal members.However, Mr. Robinson still alleges injury in his individual capacity against Defendant Kern