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WHITE v. UNIVERSITY OF CALIFORNIA

No. 12-17489.

765 F.3d 1010 (2014)

Timothy WHITE; Margaret Schoeninger; Robert L. Bettinger, Plaintiffs-Appellants, v. UNIVERSITY OF CALIFORNIA; Regents of the University of California; Janet Napolitano; Marye Anne Fox, in her individual and official capacity as Chancellor of the University of California, San Diego; Gary Matthews, in his individual and official capacity as Vice Chancellor of the University of California, San Diego; Kumeyaay Cultural Repatriation Committee, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 27, 2014.

Attorney(s) appearing for the Case

Lauren Coatney (argued), James McManis , Michael Reedy , and Christine Peek , McManis Faulkner , San Jose, CA, for Plaintiffs-Appellants.

Michael Mongan (argued) and Michelle Friedland , Munger, Tolles & Olson LLP, San Francisco, California; Charles F. Robinson , Karen J. Petrulakis , and Margaret L. Wu , Office of the General Counsel, University of California, Oakland, CA; Bradley Phillips , Munger, Tolles & Olson LLP, Los Angeles, CA; Dennis Klein , Office of the Campus Counsel, University of California San Diego, La Jolla, CA, for Defendants-Appellees Regents of the University of California, Mark G. Yudof, Janet Napolitano, Marye Anne Fox, and Gary Matthews.

Dorothy Alther (argued), California Indian Legal Services, Escondido, CA, for Defendant-Appellee Kumeyaay Cultural Repatriation Committee.

Before: STEPHEN S. TROTT, SIDNEY R. THOMAS, and MARY H. MURGUIA, Circuit Judges.

OPINION

THOMAS, Circuit Judge:

In this appeal, we consider whether the Native American Graves Protection and Repatriation Act ("NAGPRA" or "the Act") abrogates tribal sovereign immunity and, if not, whether the district court properly dismissed this declaratory judgment action because the tribes and their representatives were indispensable parties under Fed.R.Civ.P. 19 and could not be joined in the action. We conclude that NAGPRA does not abrogate tribal...

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