This waiver of immunity shall not include election disputes. The Waiver outlined the basis of the dispute with Anderson and then stated: he Thlopthlocco Tribal Business Committee does hereby waive its immunity on a limited basis only for the purposes of adjudicating this dispute only, only claims brought by the Plaintiff, Thlopthlocco Tribal Town, and only for injunctive and declaratory relief. On June 7, 2007, the Tribe granted a narrow waiver of sovereign immunity in Business Committee Resolution No. The Tribe was concerned that Anderson s actions would cause confusion with its business relations and therefore sought relief in the Muscogee (Creek) Nation District Court ( Muscogee Nation District Court ) for the purpose of enjoining Anderson s allegedly unlawful actions ( Muscogee Lawsuit ). The Tribe further maintains that Anderson and his co-conspirators attempted to access the Tribe s bank accounts, issue resolutions on tribal letterhead, fire casino employees, and otherwise interfere with tribal business interests. The Tribe claims that this action was unconstitutional, invalid, and had no legal effect. The Tribe alleges that, after serving on the Business Committee for five months, Anderson declared himself the only valid leader and appointed a new government.

Muscogee Lawsuit On June 5, 2007, the Tribe became aware that one member of the Business Committee, Mekko Nathan Anderson ( Anderson ), had attempted a coup d etat. The Business Committee is comprised of ten individuals and has the power to transact business and act on behalf of the Tribe.

Pursuant to the Tribe s Constitution, the governing body of the Tribe is the Business Committee. The Tribe has a historical relationship with the Muscogee (Creek) Nation, and many of its members hold dual citizenship in both tribes. The Tribe has been recognized by the United States as a separate and distinct sovereign Indian band, and the Tribe has a Constitution and By-Laws. Background Plaintiff Crowe & Dunlevy ( Crowe ) has represented the Thlopthlocco Tribal Town ( the Tribe ) for the past fourteen years. 11) and Defendant s Motion to Dismiss Complaint and Plaintiff s Application for Preliminary Injunction (Doc. 09-CV-095-TCK-PJC OPINION AND ORDER Before the Court are Plaintiff s Motion for Preliminary Injunction (Doc. IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA CROWE & DUNLEVY, P.C., Plaintiff, vs.

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