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ROBINSON v. U.S.

No. 07-17052.

586 F.3d 683 (2009)

Dennis ROBINSON; Spencer Robinson, Jr.; Rickie Robinson; Cynthia Robinson; Vickie Robinson, Plaintiffs-Appellants, v. UNITED STATES of America, as Trustee for the Indians of the Mooretown Rancheria a.k.a. Maidu Indians of California; Department of Interior, Bureau of Indian Affairs, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 2, 2009.

Attorney(s) appearing for the Case

Joseph P. Mascovich, Randolph Cregger & Chalfant LLP, Sacramento, CA, for appellants Dennis Robinson, Spencer Robinson, Jr., Rickie Robinson, Cynthia Robinson, and Vickie Robinson.

Tamara N. Rountree, Environment & Natural Resources Division, United States Department of Justice, Washington, D.C., for appellee United States.

Before: D.W. NELSON, Senior Circuit Judge, MARSHA S. BERZON, and RICHARD R. CLIFTON, Circuit Judges.

D.W. NELSON, Senior Circuit Judge:

The Robinsons appeal the dismissal of their complaint for lack of subject matter jurisdiction due to the sovereignty of the United States government under the Quiet Title Act. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we vacate the district court's order. We remand so that the district court may determine whether appellants may assert jurisdiction under the Federal Tort Claims Act.

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