Smith et al v. Parker et al
| Keith Brehmer, Ron Brinkman, Julie Lake, Jay Lake, Richard M. Smith, Donna Smith, Doug Schrieber, Susan Schrieber, Rodney A Heise and Thomas J Welsh |
| Mitch Parker, Barry Webster, Amen Sheridan, Rodney Morris, Orville Cayou, Eleanor Baxter and Ansley Griffin |
| 4:2007cv03101 |
| April 11, 2007 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Thurston |
| Richard G. Kopf |
| David L. Piester |
| Other Statutory Actions |
| 28 U.S.C. ยง 2201 Declaratory Judgement |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
140
MEMORANDUM AND ORDER - Because the 47th Congress's Act of August 7, 1882, 22 Stat. 341, did not diminish the boundaries of the Omaha Indian Reservation as they existed at that time, the motion for summary judgment (Filing 116 ) filed by Plaint iffs requesting declaratory and injunctive relief from the Omaha Indian Tribe's attempt to enforce the Omaha Tribe's Beverage Control Ordinance, as amended, 71 Fed. Reg. 10056 (Feb. 28, 2006), against Defendants is denied. The motion fo r summary judgment (Filing 113 ) filed by Defendants is granted. The temporary restraining order prohibiting the enforcement of the Omaha Tribes Beverage Control Ordinance in Pender, Nebraska, which was later extended by a stipulation of the parti es (Filings 16 & 29 ), is dissolved. The State of Nebraska's claims as plaintiff-intervenor are mooted by my finding that the 1882 Act did not diminish the Omaha Indian Reservation. Judgment in favor of Defendants and Defendant-Intervenor and against Plaintiffs and Plaintiff-Intervenor providing that Plaintiffs and Plaintiff-Intervenor shall take nothing shall be entered by separate document. Ordered by Senior Judge Richard G. Kopf. (GJG)
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Filing
130
ORDER - The Motion for Leave to File Additional Evidence (Filing 121 ) filed by the Plaintiff-Intervenor State of Nebraska is granted, and the undersigned will consider Exhibits 2 through 9 filed in support of the motion (Filings 123-2 to 123-9) as part of the record with the understanding that (a) Exhibits 2 through 4 are presented by the State of Nebraska, and (b) Exhibits 5 through 9 are presented by the defendants in rebuttal. The highest quality images of the maps are presented at the URL locations shown in the motion, and the court may view such images over the Internet when reviewing the record. Ordered by Senior Judge Richard G. Kopf. (GJG)
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Filing
112
ORDER - The motion to withdraw filed by Ted J. Lane as counsel of record on behalf of Plaintiff Village of Pender, (filing no. 111 ), is granted. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)
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Filing
110
MEMORANDUM AND ORDER - This case shall be resolved solely on the evidentiary record established before the tribal court with the following additions: A. The joint stipulation of the original parties (filing no. 100 ) shall be considered part of the record. B. The exhibits attached to the State of Nebraska's complaint (filing no. 107 ) shall be considered part of the record. C. Exhibit B (the opinion letter from Berrigan to Wilfahrt dated September 5, 2012) to the United States' I ndex (filing no. 106 -3) shall be considered part of the record. The deadline for the plaintiffs and defendants to submit cross-motions for summary judgment, evidence and supporting briefs is Monday, June 24, 2013. The deadline for Interv eners to file briefs in support or in opposition to the Plaintiffs or Defendants' motions for summary judgment is July 25, 2013. The deadline for Plaintiffs and Defendants to file their respective briefs in opposition to the opposing partys motion for summary judgment and that partys response to the briefs filed by the interveners is August 16, 2013. The deadline for the Interveners to file their respective briefs in opposition to the opposing Intervening partys brief is also August 16, 2013. Reply briefs shall not be filed absent leave of court. Ordered by Senior Judge Richard G. Kopf. (GJG, )
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Filing
108
ORDER - 1. The United States' Unopposed Motion to Intervene (Filing 104 ) is granted; 2. The United States shall file its Answer to Plaintiffs' Second Amended Complaint, now appearing as Exhibit A in support of its Motion to Intervene (Filing 106 -2), within five (5) calendar days of the date of this Order;3. Upon the filing of its Answer, The United States shall be included in the case caption as Defendant-Intervenor; 4. The Joint Motion to Extend Time to File Cross Mot ions for Summary Judgment (Filing 101 ) filed by Plaintiffs and Defendants is granted, and such motions shall be filed on or before June 24, 2013; 5. The State of Nebraska shall contact all counsel (including counsel for the Defendant-Intervenor United States) and my judicial assistant, Kristin Leininger, on Tuesday, June 18, 2013, to schedule a conference call between the undersigned and counsel to discuss a briefing schedule for the intervening parties.Ordered by Senior Judge Richard G. Kopf. (JAB)
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Filing
102
MEMORANDUM AND ORDER - The Motion of State of Nebraska for Leave to Intervene as Plaintiff (Filing 87 ) is granted. The State of Nebraska is granted leave to file its Complaint-in-Intervention within five (5) calendar days of the date of this mem orandum and order, and such complaint shall remain identical to the Complaint-in-Intervention now appearing as an attachment to the State of Nebraska's Motion for Leave to Intervene at Filing 87 . Upon the filing of the State of Nebraska' ;s Complaint-in-Intervention, State of Nebraska shall be included in the case caption as Plaintiff-Intervenor. The State of Nebraska shall arrange and conduct a telephone conference between the undersigned and all counsel of record to discuss a b riefing schedule. The State of Nebraska should contact my legal assistant, Kris Leininger, at 402-437-1640, to schedule the call. As an Answer to the Second Amended Complaint, a general denial is herewith entered on behalf of the Tribe. Ordered by Senior Judge Richard G. Kopf. (GJG)
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Filing
85
MEMORANDUM AND ORDER - IT IS ORDERED: 1. The parties shall file a copy of the final judgment issued by the Omaha Tribal Court in this matter on or before March 15, 2013; 2. The parties shall file a statement of stipulated facts on or before May 15 , 2013; 3. The parties shall file cross motions for summary judgment and supporting briefs and evidentiary materials on or before June 17, 2013; 4. The parties shall file responsive briefs to the cross motions for summary judgment on or before July 1 2, 2013; 5. The United States Department of Justice and the Nebraska Attorney General are invited to file amicus curiae briefs (not evidence) on or before July 12, 2013; 6. The parties may file reply briefs on or before July 26, 2013; 7. The stay i n this matter is lifted; 8. The restraining order previously imposed (filing 16 ) and extended (filing 24 ) is continued in full force and effect until further order of the court; 9. The Clerk of the United States District Court for the District o f Nebraskashall send, electronically (if possible) and by United States Mail, a copy of this order to: (a) the United States Department of Justice, care of Steven Miskinis, USDOJ-Environment & Natural Resources Division, Indian Resources Section, P.O. Box 7415, Ben Franklin Station, Washington, DC 20044 and e-mail Steven.Miskinis @usdoj.gov; and (b) the Office of the Nebraska Attorney General, 2115 State Capitol, Lincoln, NE 68509. Ordered by Senior Judge Richard G. Kopf. (TCL )
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Filing
83
MEMORANDUM AND ORDER - Counsel for the plaintiffs shall place, coordinate and arrange a telephone conference call with counsel for all other parties and the undersigned at 1:00 PM (Central time) on Tuesday, February 19, 2013. The call shall be placed to my chambers' telephone number which is 402.437.1640. The Motion for Status Conference (filing no. 82 ) is granted as provided herein. Ordered by Senior Judge Richard G. Kopf. (GJG)
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Filing
80
MEMORANDUM AND ORDER - The motion to withdraw filed by Donald P. Dworak of Stinson Morrison Hecker LLP counsel of record on behalf of Defendants Mitchell Parker, Barry Webster, Amen Sheridan, Rodney Morris, Orville Cayou, Tim Grant, Sterling Walker, Eleanor Baxter, and Ansley Griffin (filing no. 79 ), is granted. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)
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Filing
69
MEMORANDUM AND ORDER that within 10 days of the date of this order, the parties shall submit a joint status report advising the court of the status of Plaintiffs' exhaustion of remedies in the Omaha Tribal Courts. Ordered by Judge Richard G. Kopf. (JSF)
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Filing
61
MEMORANDUM AND ORDER - By prior order (filing 53 ) of this court, the parties in this case are required to file joint status reports with the Clerk of Court beginning January 4, 2008, and every 120 days thereafter. Within 10 days of the date of this order, the parties shall submit a joint status report advising the court of the status of Plaintiffs' exhaustion of remedies in the Omaha Tribal Courts. Ordered by Judge Richard G. Kopf. (JAB)
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Filing
16
ORDER. It is ordered that: (1) Pursuant to Fed. R. Civ. P. 65(b), the defendants, and each of them, together with their servants, agents and employees, in both their official and individual capacities, are herewith restrained and prohibited from enf orcing the Omaha Tribe's Beverage Control Ordinance in Pender, Nebraska. To that extent, the plaintiffs' motion 5 for temporary restraining order is granted. (2) Pursuant to Fed. R. Civ. P. 65(c) and (d) no bond or surety need be posted, but Plaintiffs, through their counsel, shall provide notice of this temporary restraining order to all affected persons or parties. (3) After consultation with Defendants' counsel, Plaintiffs' counsel shall contact the judicial assistant f or the undersigned United States District Judge to schedule a telephone conference call between counsel for the parties and the undersigned United States District Judge, during which the parties shall be prepared to schedule a hearing on Plaintiffs&# 039; request for a preliminary injunction and to address whether the hearing and trial on the merits shall be consolidated pursuant to Fed. R. Civ. P. 65(a)(2). (4) Unless extended by further order of the court, this temporary restraining order shall expire at the end of ten (10) days following its entry. Ordered by Judge Richard G. Kopf. (KLL, )
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Filing
9
ORDER - On the court's own motion, IT IS ORDERED that the court will conduct a hearing on the plaintiffs' Motion for Temporary Restraining Order (filing 5) at 2:15 p.m. on Tuesday, April 17, 2007, in Courtroom Number 1, 5th Floor, United States Courthouse, 100 Centennial Mall North, Lincoln, Nebraska.Ordered by Judge Richard G. Kopf. (CS, )
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