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MM & A PRODUCTIONS v. YAVAPAI-APACHE NATION

No. 2 CA-CV 2013-0051.

316 P.3d 1248 (2014)

MM & A PRODUCTIONS, LLC, An Arizona Limited Liability Company, Plaintiff/Appellant, v. YAVAPAI-APACHE NATION, a Federally Recognized Indian Tribe; Yavapai-Apache Nation's Cliff Castle Casino, a Business Enterprise of the Yavapai-Apache Nation; Tribal Gaming Board; and Cliff Castle Casino Board of Directors, Defendants/Appellees.

Court of Appeals of Arizona, Division 2.

January 16, 2014.

Attorney(s) appearing for the Case

Law Office of Michael Meehan, By Michael J. Meehan , Tucson, Counsel for Plaintiff/Appellant.

Crowell Law Offices Tribal Advocacy Group, By Scott Crowell   William Foreman , Scottsdale, Sedona, Co-counsel for Defendants/Appellees.

Presiding Judge KELLY authored the opinion of the Court, in which Judge ESPINOSA and Judge ECKERSTROM concurred.

OPINION

KELLY, Presiding Judge.

¶ 1 MM & A Productions, LLC, appeals from the trial court's judgment dismissing its contract action against the Yavapai-Apache Nation and related entities for lack of subject matter jurisdiction. It argues the court erred by concluding it had failed to show a valid waiver of the Nation's sovereign immunity, and by not allowing further discovery and holding an evidentiary hearing before ruling. We affirm.

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