U.S. District Judge P. Casey Pitts granted the defendants’ motion to dismiss under Federal Rule of Civil Procedure 12(b)(7) on Monday, finding that the Central California Yokuts NAGPRA Coalition was an indispensable party.
The Diocese of Monterey Parish and Schools Operating Corporation sued California State University at Monterey Bay (CSUMB) officials to regain custody of roughly 400 boxes of artifacts excavated from Diocese-owned missions in 1995.
The Diocese alleged that CSUMB unlawfully exercised eminent-domain powers, committed a Fifth Amendment taking, and committed replevin by refusing to return the artifacts after the university notified the Diocese in 2023 that some items may be subject to repatriation under the Native American Graves Protection and Repatriation Act.
CSUMB represented, and the Diocese did not dispute, that it had consulted with the Central California Yokuts NAGPRA Coalition, a group representing several federally recognized tribes, which intends to file formal claims for the repatriation of any funerary objects or cultural patrimony identified among the artifacts.
Pitts ruled that the Coalition is a required party under Rule 19(a)(1)(B) because it claims an interest in the artifacts and disposing of the action would impair its ability to protect that interest and leave CSUMB subject to inconsistent obligations.
The Diocese argued that the subject of the action was solely whether CSUMB lacked statutory authority to take the artifacts, not whether the Coalition was entitled to ownership under NAGPRA.
Pitts rejected that distinction, writing that the Coalition’s practical interest is in control and custody of the artifacts, and that a judgment for the Diocese would make it substantially more difficult for the Coalition to obtain custody.
The judge noted that a judgment for the Diocese would oblige CSUMB not to return the artifacts to third parties, while NAGPRA and California’s related statute would oblige the university to repatriate objects to the Coalition, exposing defendants to double liability.
The Diocese expressly conceded that joinder of the Coalition was infeasible due to tribal sovereign immunity and did not argue that the action should proceed in equity under Rule 19(b).
Pitts dismissed the complaint without prejudice for failure to join an indispensable party but denied the Diocese further leave to amend.
The Ohlone/Costanoan-Esselen Nation, a non-federally recognized tribal group, had filed a motion to intervene to assert claims for damages and declarations regarding NAGPRA obligations, but Pitts denied the motion as moot.
The Diocese’s complaint sought a declaratory judgment that CSUMB’s retention of the artifacts was unlawful and an order enjoining the university from transferring the items to third parties.