ORDER
BATTIN, Senior District Judge.
Presently pending before the Court is defendants' Motion to Dismiss, pursuant to Rule 12, Fed.R.Civ.P., based on lack of subject matter jurisdiction and failure to state a claim. Alternatively, defendants ask the Court to stay these proceedings pending a jurisdictional determination by the Tribal Court. For the reasons stated below, defendants' motion is granted.
FACTS AND PROCEDURAL BACKGROUND
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