State of South Dakota v. Frazier et al
Plaintiff: State of South Dakota
Defendant: Cheyenne River Sioux Tribe and Harold Frazier
Case Number: 3:2020cv03018
Filed: October 1, 2020
Court: US District Court for the District of South Dakota
Presiding Judge: Roberto A Lange
Nature of Suit: Other Statutes: Other Statutory Actions
Cause of Action: 28 U.S.C. § 2201
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 23, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 23, 2020 Opinion or Order Filing 34 OPINION AND ORDER granting #3 Preliminary Injunction; granting in part and denying in part #21 Motion to Dismiss for Lack of Jurisdiction. Signed by Chief Judge Roberto A. Lange on 10/23/2020. (MSB)
October 20, 2020 Filing 33 Motion Hearing held on 10/20/2020 re #21 MOTION to DISMISS for Lack of Jurisdiction and Failure to Raise a Federal Question and #3 BRIEF in support/Motion for Preliminary Injunction filed by Harold Frazier, Cheyenne River Sioux Tribe before Chief Judge Roberto A. Lange. (Court Reporter: Cheryl Hook) (DLC)
October 19, 2020 Filing 32 AFFIDAVIT of James Brooks re #26 Memorandum in Opposition to Motion . (Lafrentz, Yvette)
October 16, 2020 Filing 31 AFFIDAVIT of June Hansen re #26 Memorandum in Opposition to Motion . (Attachments: #1 Exhibit R October 1, 2020 letter w/ Enclosures, #2 Exhibit S E-mail w/ Enclosures) (Lafrentz, Yvette)
October 16, 2020 Filing 30 AFFIDAVIT of Darren Griese re #26 Memorandum in Opposition to Motion . (Attachments: #1 Exhibit N Tally Sheet & Summary, #2 Exhibit O Crash Report) (Lafrentz, Yvette)
October 16, 2020 Filing 29 (FILED IN ERROR) AFFIDAVIT of Darren Griese re #26 Memorandum in Opposition to Motion . (Attachments: #1 Exhibit N Tally Sheet & Summary, #2 Exhibit O Crash Report) (Lafrentz, Yvette) Modified on 10/16/2020 (CLR).
October 16, 2020 Filing 28 AFFIDAVIT of Christina Bennett re #26 Memorandum in Opposition to Motion . (Attachments: #1 Exhibit M Sectoin 1A.13 & Section 2B.13 of MUTCD) (Lafrentz, Yvette)
October 16, 2020 Filing 27 AFFIDAVIT of John W. Villbrant re #26 Memorandum in Opposition to Motion . (Attachments: #1 Exhibit P Photos) (Lafrentz, Yvette)
October 16, 2020 Filing 26 MEMORANDUM in Opposition re #21 MOTION to DISMISS for Lack of Jurisdiction and Failure to Raise a Federal Question filed by State of South Dakota. (Lafrentz, Yvette)
October 16, 2020 NOTICE of Filing Error: #29 Affidavit was filed in error and should be disregarded. (Lafrentz, Yvette)
October 14, 2020 Filing 25 AFFIDAVIT in Support re #21 MOTION to DISMISS for Lack of Jurisdiction and Failure to Raise a Federal Question and in Opposition to Preliminary Injunction filed by All Defendants. (Charging-Davison, Leonika)
October 14, 2020 Filing 24 AFFIDAVIT in Support re #21 MOTION to DISMISS for Lack of Jurisdiction and Failure to Raise a Federal Question and in Opposition to Preliminary Injunction filed by All Defendants. (Charging-Davison, Leonika)
October 14, 2020 Filing 23 AFFIDAVIT in Support re #21 MOTION to DISMISS for Lack of Jurisdiction and Failure to Raise a Federal Question and in Opposition to Preliminary Injunction filed by All Defendants. (Attachments: #1 Exhibit A - Cheyenne River Sioux Tribe 1992 Constitution and Bylaws, #2 Exhibit B - Cheyenne River Sioux Tribe Traffic Code 6-1-1 (f)) (Charging-Davison, Leonika)
October 14, 2020 Filing 22 MEMORANDUM in Support re #21 MOTION to DISMISS for Lack of Jurisdiction and Failure to Raise a Federal Question and in Opposition to Preliminary Injunction filed by Cheyenne River Sioux Tribe, Harold Frazier. (Charging-Davison, Leonika)
October 14, 2020 Filing 21 MOTION to DISMISS for Lack of Jurisdiction and Failure to Raise a Federal Question by Cheyenne River Sioux Tribe, Harold Frazier. (Attachments: #1 Proposed Order) (Charging-Davison, Leonika)
October 13, 2020 Set/Reset Hearings: Motion Hearing set for 10/20/2020 at 01:00 PM in Pierre Courtroom 1 - Room 436 before Chief Judge Roberto A. Lange (LH)
October 9, 2020 Opinion or Order Filing 20 ORDER granting #16 Motion for Admission Pro Hac Vice of Attorney Calandra S. McCool for Cheyenne River Sioux Tribe,Calandra S. McCool for Harold Frazier. Signed by Chief Judge Roberto A. Lange on 10/09/2020. (LH)
October 9, 2020 Opinion or Order Filing 19 ORDER granting #15 Motion for Admission Pro Hac Vice of Attorney Rose M. Weckenmann for Cheyenne River Sioux Tribe,Rose M. Weckenmann for Harold Frazier. Signed by Chief Judge Roberto A. Lange on 10/09/2020. (LH)
October 9, 2020 Opinion or Order Filing 18 ORDER granting #14 Motion for Admission Pro Hac Vice of Attorney Judy A. Shapiro for Cheyenne River Sioux Tribe,Judy A. Shapiro for Harold Frazier. Signed by Chief Judge Roberto A. Lange on 10/09/2020. (LH)
October 9, 2020 Opinion or Order Filing 17 ORDER granting #12 Motion for Admission Pro Hac Vice of Attorney Nicole E. Ducheneaux for Cheyenne River Sioux Tribe,Nicole E. Ducheneaux for Harold Frazier. Signed by Chief Judge Roberto A. Lange on 10/09/2020. (LH)
October 8, 2020 Filing 16 MOTION for Attorney Calandra S. McCool to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869-3408007) by Cheyenne River Sioux Tribe, Harold Frazier. (Attachments: #1 Proposed Order Exhibit A - Proposed Order) (Charging-Davison, Leonika)
October 8, 2020 Filing 15 MOTION for Attorney Rose M. Weckenmann to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869-3407998) by Cheyenne River Sioux Tribe, Harold Frazier. (Attachments: #1 Proposed Order Exhibit A - Proposed Order) (Charging-Davison, Leonika)
October 8, 2020 Filing 14 MOTION for Attorney Judy A. Shapiro to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869-3407993) by Cheyenne River Sioux Tribe, Harold Frazier. (Attachments: #1 Proposed Order Exhibit A - Proposed Order) (Charging-Davison, Leonika)
October 8, 2020 Filing 13 PROPOSED Schedule by Cheyenne River Sioux Tribe, Harold Frazier (Attachments: #1 Proposed Order Exhibit A - Proposed Order) (Charging-Davison, Leonika)
October 8, 2020 Filing 12 MOTION for Attorney Nicole E. Ducheneaux to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869-3407918) by Cheyenne River Sioux Tribe, Harold Frazier. (Attachments: #1 Proposed Order) (Charging-Davison, Leonika)
October 8, 2020 Filing 11 (FILED IN ERROR) PROPOSED Schedule by Cheyenne River Sioux Tribe, Harold Frazier (Attachments: #1 Proposed Order) (Charging-Davison, Leonika) Modified on 10/9/2020 (SLT).
October 8, 2020 Filing 10 NOTICE of Appearance by Leonika Rose Charging-Davison on behalf of All Defendants. (Charging-Davison, Leonika)
October 8, 2020 NOTICE of Filing Error: #11 Proposed Schedule was filed in error and should be disregarded. (Charging-Davison, Leonika)
October 8, 2020 Filing Fee Received from State of South Dakota. Fee Amount: $400, Receipt No.: #SDX300003609. (DLC)
October 7, 2020 Filing 9 Summons Issued as to All Defendants. 2 Summons(es), a Rule 73 Memo, and AO 85s for each party delivered to plaintiff's counsel via electronic delivery. (Attachments: #1 Summons, #2 Summons, #3 AO 85)(SKK)
October 7, 2020 Filing 8 REQUEST FOR ISSUANCE OF SUMMONS(ES) by State of South Dakota. (Lafrentz, Yvette)
October 5, 2020 Opinion or Order Filing 7 ORDER DENYING TEMPORARY RESTRAINING ORDER AND SETTING HEARING ON PRELIMINARY INJUNCTION denying #2 Motion for TRO. Signed by Chief Judge Roberto A. Lange on 10/05/2020. (LH)
October 1, 2020 Filing 6 AFFIDAVIT of Christina Bennett. (Attachments: #1 Exhibit K: MUTCD Section) (MSB)
October 1, 2020 Filing 5 AFFIDAVIT of John W. Villbrandt. (Attachments: #1 Exhibit C: Photo, #2 Exhibit D: Application, #3 Exhibit E: Photo, #4 Exhibit F: Map, #5 Exhibit G: Email, #6 Exhibit H: Email, #7 Exhibit I: Email, #8 Exhibit J: Email) (MSB)
October 1, 2020 Filing 4 AFFIDAVIT of Joel Jundt. (Attachments: #1 Exhibit A: DOT Letter, #2 Exhibit B: DOT Letter, #3 Exhibit L: Frazier Letter) (MSB)
October 1, 2020 Filing 3 BRIEF in Support and MOTION for Preliminary Injunction by Plaintiff State of South Dakota re #2 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit 1: Map Documents) (MSB) Modified event type and docket text on 10/23/2020 (MSB).
October 1, 2020 Filing 2 APPLICATION for Temporary Restraining Order by State of South Dakota. (MSB)
October 1, 2020 Filing 1 COMPLAINT, $400.00 fee paid, filed by State of South Dakota. (MSB)

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Defendant: Cheyenne River Sioux Tribe
Represented By: Calandra S. McCool
Represented By: Leonika Rose Charging-Davison
Represented By: Rose M. Weckenmann
Represented By: Nicole E. Ducheneaux
Represented By: Judith A. Shapiro
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Defendant: Harold Frazier
Represented By: Calandra S. McCool
Represented By: Leonika Rose Charging-Davison
Represented By: Rose M. Weckenmann
Represented By: Nicole E. Ducheneaux
Represented By: Judith A. Shapiro
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Plaintiff: State of South Dakota
Represented By: Yvette K. Lafrentz
Represented By: Jeffery J. Tronvold
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