United States of America v. Peneaux et al
Plaintiff: United States of America
Defendant: The Rosebud Sioux Tribe, Lonna Browning, Earl L. Peneaux and Lonna Two Eagle
Case Number: 3:2018cv03007
Filed: May 7, 2018
Court: US District Court for the District of South Dakota
Office: Central Division Office
County: Todd
Presiding Judge: Roberto A Lange
Referring Judge: Mark A Moreno
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28 U.S.C. § 1345 Foreclosure
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 5, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 5, 2022 Opinion or Order Filing 27 ORDER granting #24 Motion for Default Judgment, Judgment of Foreclosure, and Decree of Sale. Signed by Chief Judge Roberto A. Lange on 1/5/2022. (CLR) MAILED to Earl Peneaux and Eric Atoine, Tribal Attorney on 1/6/2022. (CLR)
December 30, 2021 Filing 26 DECLARATION of ELLIE J. BAILEY re #24 MOTION for Default Judgment as to Earl L. Peneaux, Sr. . (Attachments: #1 Exhibit 1 - Nov. 3, 2021 ltr. to Earl Peneaux) (Bailey (USA), Ellie)
December 30, 2021 Filing 25 MEMORANDUM in Support re #24 MOTION for Default Judgment as to Earl L. Peneaux, Sr. filed by United States of America. (Bailey (USA), Ellie)
December 30, 2021 Filing 24 MOTION for Default Judgment as to Earl L. Peneaux, Sr. by United States of America. (Attachments: #1 Proposed Order) (Bailey (USA), Ellie)
October 14, 2021 Filing 23 Mail sent to Earl L. Peneaux Sr. was returned as undeliverable. #22 Clerk's Entry of Default was returned. Resent to P.O. Box in Rosebud 10/14/2021. (CLR)
October 1, 2021 Filing 22 Clerk's ENTRY OF DEFAULT as to Earl L. Peneaux. Mailed to Earl L. Peneaux and Eric Antoine, Tribal Attorney Rosebud Sioux Tribe at addresses provided by Plaintiff by USPS (TAL)
October 1, 2021 Filing 21 DECLARATION of Ellie J Bailey re #20 MOTION for Default Judgment as to Earl L Peneaux Sr. . (Attachments: #1 Exhibit 1 - Payoff) (Bailey (USA), Ellie)
October 1, 2021 Filing 20 MOTION for Default Judgment as to Earl L Peneaux Sr. by United States of America. (Bailey (USA), Ellie)
September 10, 2021 Filing 19 NOTICE by United States of America of Dismissal as to Lonna Browning. (Attachments: #1 Exhibit 1 - Lease Modification)(Bailey (USA), Ellie)
July 6, 2021 Opinion or Order Filing 18 ORDER granting #15 Motion to Stay Proceedings. Case will be stayed until 7/31/2021. Signed by Chief Judge Roberto A. Lange on 7/6/2021. (CLR)
July 1, 2021 Filing 17 BRIEF by Plaintiff United States of America re #15 Second MOTION to Stay (Bailey (USA), Ellie)
July 1, 2021 Filing 16 DECLARATION of Ellie J. Bailey re #15 Second MOTION to Stay . (Attachments: #1 Exhibit Relief for Borrowers Affected by COVID-19) (Bailey (USA), Ellie)
July 1, 2021 Filing 15 Second MOTION to Stay by United States of America. (Attachments: #1 Proposed Order Order Granting Motion to Stay Proceedings) (Bailey (USA), Ellie)
May 19, 2021 Opinion or Order Filing 14 ORDER granting #11 Motion to Stay. Case will be stayed until 6/30/2021. Signed by Chief Judge Roberto A. Lange on 5/18/2021. (DJP)
May 7, 2021 Filing 13 BRIEF by Plaintiff United States of America re #11 MOTION to Stay (Bailey (USA), Ellie)
May 7, 2021 Filing 12 DECLARATION of Ellie J. Bailey . (Attachments: #1 Attachment A - VA Moratorium) (Bailey (USA), Ellie) Modified on 5/7/2021 to delete duplicative text (KLE).
May 7, 2021 Filing 11 MOTION to Stay by United States of America. (Attachments: #1 Proposed Order Order Granting Motion to Stay Proceedings) (Bailey (USA), Ellie)
April 20, 2021 Filing 10 STATUS REPORT by United States of America (Attachments: #1 Attachment Attachment A - VA Moratorium, #2 Certificate of Service COS-Status Report) (Bailey (USA), Ellie)
April 9, 2021 Filing 9 NOTICE of Appearance by Ellie J. Bailey (USA) on behalf of United States of America. (Bailey (USA), Ellie)
April 9, 2021 Opinion or Order Filing 8 ORDER FOR STATUS REPORT ON MOTION FOR DEFAULT JUDGMENT. Signed by Chief Judge Roberto A. Lange on 4/9/2021. (DJP)
July 31, 2018 Filing 7 RETURN OF SERVICE Executed upon Plaintiff United States of America on Eric Antoine (Druley (USA), Delia)
July 19, 2018 Filing 6 Summons Issued as to The Rosebud Sioux Tribe. 1 original summons, 1 A085 form delivered to plaintiff's counsel via hand-delivery to law office staff. (JLS)
July 10, 2018 Filing 5 RETURN OF SERVICE Executed upon Defendant Lonna Browning on Lonna Browning (Druley (USA), Delia)
July 10, 2018 Filing 4 RETURN OF SERVICE Executed upon Defendant Earl L. Peneaux on Earl Peneaux (Druley (USA), Delia)
June 7, 2018 Filing 3 Summons Issued as to Lonna Browning, Earl L. Peneaux. 2 original summons and 2 A085s delivered to plaintiff's counsel via hand-delivery to law office staff. (JLS)
May 7, 2018 Filing 2 CIVIL COVER SHEET. (JLS)
May 7, 2018 Filing 1 COMPLAINT filed by United States of America. (Attachments: #1 Exhibit 1 - Promissory Note, #2 Exhibit 2 - Leasehold Mortgage including signed Rider, #3 Exhibit 3 - BIA's Certificate of Approval, #4 Exhibit 4 - BIA Status Report dated 1-10-18, #5 Exhibit 5 - Borrowers' lease agreement with RST, Lease No. 58685, #6 Exhibit 6 - Reamortization and restriction of assumption agreement 10-6-06, #7 Exhibit 7 - Letter dated 9-11-12 to Rosebud Sioux Tribal Council) (JLS)

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Defendant: The Rosebud Sioux Tribe
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Defendant: Lonna Browning
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Defendant: Earl L. Peneaux
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Defendant: Lonna Two Eagle
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Plaintiff: United States of America
Represented By: Delia M. Druley (USA)
Represented By: Ellie J. Bailey (USA)
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