LaBatte v. Gangle et al
| Brendan LaBatte |
| Karen Gangle, Gary Gaikowski, Hon. Michael Swallow and Hon. Ruth Burns |
| 1:2024cv01014 |
| July 11, 2024 |
| U.S. District Court for the District of South Dakota |
| Eric C Schulte |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on September 5, 2024. A more recent docket listing may be available from PACER.
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Filing 36
USCA Case Number and Appeal Briefing Schedule Order for #34 Notice of Appeal filed by Brendan LaBatte. USCA Case Number: 24-2798 Transcript due by 10/15/2024. (Attachments: #1 Briefing Schedule). (TAL)
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Filing 35
TRANSMITTAL of Notice of Appeal to 8th Circuit Court of Appeals re #34 Notice of Appeal. (SAC)
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Filing 34
NOTICE OF APPEAL as to #32 Order on Motion for Preliminary Injunction,, Order on Motion to Dismiss/Lack of Jurisdiction by Brendan LaBatte. (paid $605 Appellate Filing fee; receipt number BSDDC-4359235). (Doody, Robert)
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Filing 33
JUDGMENT OF DISMISSAL. Signed by U.S. District Judge Eric C. Schulte on 08/30/2024. (KLE)
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Filing 32
OPINION and ORDER granting #26 Motion to Dismiss for Lack of Jurisdiction and denying #2 and #20 Motions for Preliminary Injunction. Signed by U.S. District Judge Eric C. Schulte on 08/30/2024. (KLE)
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Filing 31
Motion Hearing held on 8/14/2024 re #26 MOTION to DISMISS for Lack of Jurisdiction , Failure to State a Claim, and Failure to Join a Required Party filed by Ruth Burns, Karen Gangle, Michael Swallow, Gary Gaikowski before U.S. District Judge Eric C. Schulte. (Court Reporter: Cheryl Hook) (SKK)
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Filing 30
REPLY to #26 Motion to Dismiss/Lack of Jurisdiction, #28 Affidavit in Support of Motion, #27 Memorandum in Support of Motion for preliminary injunction filed by Brendan LaBatte. (Doody, Robert)
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Filing 29
ORDER Regarding Motion Hearing. Signed by U.S. District Judge Eric C. Schulte on 08/12/2024. (KLE)
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Filing 28
DECLARATION OF TIMOTHY W. BILLION in Support re #26 MOTION to DISMISS for Lack of Jurisdiction , Failure to State a Claim, and Failure to Join a Required Party filed by All Defendants. (Attachments: #1 Exhibit 1 - Tribal Court Proceeding, #2 Exhibit 2 - Motion to Dismiss DUI and Order) (Billion, Timothy) Modified docket text on 8/8/2024 (SAC).
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Filing 27
MEMORANDUM in Support re #26 MOTION to DISMISS for Lack of Jurisdiction , Failure to State a Claim, and Failure to Join a Required Party filed by All Defendants. (Billion, Timothy)
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Filing 26
MOTION to DISMISS for Lack of Jurisdiction , Failure to State a Claim, and Failure to Join a Required Party by Ruth Burns, Gary Gaikowski, Karen Gangle, Michael Swallow. (Billion, Timothy)
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Filing 25
MEMORANDUM in Opposition re #20 First MOTION for Preliminary Injunction CLEAN. COPY filed by All Defendants. (Billion, Timothy)
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Filing 24
ORDER denying #17 Motion to Produce.. Signed by U.S. District Judge Eric C. Schulte on 08/06/2024. (KLE)
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Filing 23
Status Conference held on 8/6/2024 before U.S. District Judge Eric C. Schulte. (Court Reporter: Deanna Clayborne) (SKK)
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Filing 22
DECLARATION of Dawn Drum re #21 Response to Motion Rule 37(e). (Billion, Timothy)
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Filing 21
RESPONSE to Motion re #17 First MOTION to Produce TRIBAL CODE AND DECISIONS filed by All Defendants. (Billion, Timothy)
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Filing 20
First MOTION for Preliminary Injunction CLEAN. COPY by Brendan LaBatte. (Doody, Robert)
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Filing 19
First AMENDED COMPLAINT CLEAN filed by Brendan LaBatte. (Doody, Robert)
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Status Conference set for 8/6/2024 at 02:00 PM in Pierre Courtroom 1 before U.S. District Judge Eric C. Schulte. Signed by U.S. District Judge Eric C. Schulte on 8/5/2024. (CV)
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Filing 18
ORDER granting #8 Motion to Amend/Correct.. Signed by U.S. District Judge Eric C. Schulte on 08/02/2024. (KLE)
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Filing 17
First MOTION to Produce TRIBAL CODE AND DECISIONS by Brendan LaBatte. (Attachments: #1 Correspondence Request for documents) (Doody, Robert)
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Filing 16
ORDER granting #13 Motion for Admission Pro Hac Vice of Attorney Gregory S. Paulson for Defendants Ruth Burns, Gary Gaikowski, Karen Gangle and Michael Swallow.. Signed by U.S. District Judge Eric C. Schulte on 08/01/2024. (KLE)
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Filing 15
NOTICE of Appearance by Shaun M. Eastman on behalf of All Defendants. (Eastman, Shaun)
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Filing 14
NOTICE of Appearance by Megan A. LaFromboise on behalf of All Defendants. (LaFromboise, Megan)
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NOTICE of Filing Error: #10 Motion for Preliminary Injunction, #11 Motion for Preliminary Injunction, #12 Motion for Preliminary Injunction, was filed in error and should be disregarded. (LaFromboise, Megan)
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Filing 13
MOTION for Attorney Greg S. Paulson to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ASDDC-4336826) by Ruth Burns, Gary Gaikowski, Karen Gangle, Michael Swallow. (Billion, Timothy)
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Filing 12
(FILED IN ERROR) MOTION for Preliminary Injunction Notice of Appearance by Ruth Burns, Gary Gaikowski, Karen Gangle, Michael Swallow. (LaFromboise, Megan) Modified on 8/1/2024 - contacted atty to refile using the correct event and correct atty login (SAC).
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Filing 11
(FILED IN ERROR) MOTION for Preliminary Injunction Notice of Appearance by Michael Swallow. (LaFromboise, Megan) Modified on 8/1/2024 - contacted atty to refile using the correct event (SAC).
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Filing 10
(FILED IN ERROR) MOTION for Preliminary Injunction Notice of Appearance by Ruth Burns, Gary Gaikowski, Karen Gangle. (LaFromboise, Megan) Modified on 8/1/2024 - contacted atty to refile using the correct event (SAC).
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Filing 9
NOTICE of Appearance by Brendan V. Johnson on behalf of All Defendants. (Johnson, Brendan)
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Filing 8
First MOTION to Amend/Correct by Brendan LaBatte. (Attachments: #1 Attachment - Proposed Amended Complaint, #2 Attachment - Proposed Amended Motion for Preliminary Injunction) (Doody, Robert) Modified docket text on 8/1/2024 (SAC).
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Filing 7
NOTICE of Appearance by Timothy W. Billion on behalf of All Defendants. (Billion, Timothy)
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Filing 6
CERTIFICATE OF SERVICE by Brendan LaBatte Subpoena Kirchmeier. (Doody, Robert)
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Filing 5
SCHEDULING ORDER Setting Hearing on Motion for Preliminary Injunction. Motion Hearing set for 8/14/2024 at 10:00 AM in Aberdeen Courtroom 1 before U.S. District Judge Eric C. Schulte Signed by U.S. District Judge Eric C. Schulte on 07/24/2024. (KLE)
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Filing 4
WAIVER OF SERVICE Returned Executed by Brendan LaBatte. All Defendants. (Doody, Robert)
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Filing 3
Letter to Megan LaFromboise SWO Attorney. (Doody, Robert)
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Filing 2
First MOTION for Preliminary Injunction by Brendan LaBatte. (Doody, Robert)
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Filing 1
COMPLAINT, $405 fee paid, receipt# ASDDC-4322337, in shell case on 07/11/2024 filed by Brendan LaBatte. (Attachments: #1 Attachment 1- Opinion of the Court of Appeals, #2 Attachment 2- Memorandum Opinion and Order, #3 Attachment 3-Tribal Counsel Resolution, #4 Attachment 4- Incident Report, #5 Attachment 5-Complaint, #6 Attachment 6- Judgment of Conviction, #7 Attachment 7- Motion to Dismiss) (KLE)
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