Lower Brule Sioux Tribe et al v. Lyman County et al
| Lower Brule Sioux Tribe, Neil Pierre Russell, Stephanie Bolman and Ben Janis |
| Lyman County, Lyman County Board of Commissioners, Brian Kraus, Leslie Reuer, Zane Reis, Ryan Huffman, Jared Schelske and Deb Halverson |
| 3:2022cv03008 |
| May 18, 2022 |
| US District Court for the District of South Dakota |
| Roberto A Lange |
| Mark A Moreno |
| Civil Rights: Voting |
| 28 U.S.C. § 2201 Constitutionality of State Statute(s) |
| None |
Docket Report
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This docket was last retrieved on February 7, 2023. A more recent docket listing may be available from PACER.
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Filing 131
Lyman County Commissioners Session Minutes from December 5, 2022. (MSB)
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Filing 130
TRANSCRIPT of Proceedings re #115 Motion Hearing,, held on November 15, 2022 before Judge Roberto A. Lange. Court Reporter: Cheryl A. Hook, Telephone number: 605-945-4626. Transcript may be viewed at the Clerk's Office public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. The parties have twenty-one (21) calendar days to file a Redaction Request of this transcript. Release of Transcript Restriction set for 4/27/2023. (Hook, Cheryl)
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Filing 129
RECEIPT for Return of Physical Exhibits. Exhibits H admitted during #48 Motion Hearing, on behalf of Stephanie Bolman, Ben Janis, Lower Brule Sioux Tribe, Neil Pierre Russell have been returned to Attorney Randolph J. Seiler. (MSB)
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Filing 128
RECEIVED Exhibit H (flash drive) of the #48 Motion Hearing from the Eighth Circuit Court of Appeals (SKK)
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Filing 127
MANDATE from 8th Circuit COA issued in accordance with COA Judgmentas to #58 Notice of Appeal, filed by Jared Schelske, Lyman County, Leslie Reuer, Brian Kraus, Zane Reis, Lyman County Board of Commissioners, Deb Halverson, Ryan Huffman, #92 Notice of Appeal, filed by Jared Schelske, Lyman County, Leslie Reuer, Brian Kraus, Zane Reis, Deb Halverson, Lyman County Board of Commissioners, Ryan Huffman. (TAL)
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Filing 126
JUDGMENT of USCA granting motion to dismiss as to #58 Notice of Appeal, filed by Jared Schelske, Lyman County, Leslie Reuer, Brian Kraus, Zane Reis, Lyman County Board of Commissioners, Deb Halverson, Ryan Huffman, #92 Notice of Appeal, filed by Jared Schelske, Lyman County, Leslie Reuer, Brian Kraus, Zane Reis, Deb Halverson, Lyman County Board of Commissioners, Ryan Huffman. (TAL)
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Filing 125
Consent Decree. Signed by Chief Judge Roberto A. Lange on 12/15/2022. (Attachments: #1 Resolution)(MSB)
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Notice of Unrestricting #117 Restricted Trial/Hearing Exhibits,, (DJP)
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Filing 124
CONSENT DECREE signed by Plaintiffs Stephanie Bolman, Ben Janis, Lower Brule Sioux Tribe, Neil Pierre Russell, Defendants Deb Halverson, Ryan Huffman, Brian Kraus, Lyman County, Lyman County Board of Commissioners, Zane Reis, Leslie Reuer, Jared Schelske. (Attachments: #1 Resolution) (SKK)
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Filing 123
SCHEDULING ORDER: Settlement Conference set for 12/5/2022 at 09:00 AM in Out of District Location before US Magistrate Judge Mark A. Moreno. Signed by US Magistrate Judge Mark A. Moreno on 11/30/2022. (SF)
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Filing 122
RESPONSE to Motion re #110 MOTION to Quash Subpoenas and Notices of Depositions filed by All Plaintiffs. (Seiler, Randolph)
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Filing 121
ORDER granting #120 MOTION to Extend Time to File Response to Plaintiffs' Motion for Judicial Notice. Signed by Chief Judge Roberto A. Lange on 11/22/2022. (MSB)
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Filing 120
MOTION to Extend Time to File Response to Plaintiffs' Motion for Judicial Notice by Deb Halverson, Ryan Huffman, Brian Kraus, Lyman County, Lyman County Board of Commissioners, Zane Reis, Leslie Reuer, Jared Schelske. (Frankenstein, Sara)
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Filing 119
RULE 16 SCHEDULING ORDER: Discovery due by 5/5/2023; Motions due by 5/22/2023. Signed by Chief Judge Roberto A. Lange on 11/18/2022. (DJP)
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Filing 118
ORDER denying #83 Motion to Dismiss for Lack of Jurisdiction; denying as moot #86 Motion to Stay; denying as moot #90 Motion for Expedited Briefing; granting nunc pro tunc #101 Motion for Extension of Time to File Notice of Appeal. Signed by Chief Judge Roberto A. Lange on 11/16/2022. (MSB)
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Filing 117
EXHIBITS offered by the Court during #115 Motion Hearing on 11/15/2022 before Chief Judge Roberto A. Lange. The offering party must review its attached exhibits to determine if redactions are required. If redactions are required, the offering party must electronically file its documentary exhibits offered and/or received into evidence during the trial or evidentiary hearing, including ALL redacted documents and ALL documents that do not require redaction, within 21 days using the Redacted Trial/Hearing Exhibits event. This requirement excludes exhibits that were sealed when offered and/or received. If no redactions are necessary, the attached exhibits will be unrestricted in 21 days on 12/8/2022. (SAC) Modified on 12/8/2022 (DJP).
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TRANSMITTAL of Subsequent Filing to 8th Circuit Court of Appeals re #118 ORDER denying #83 Motion to Dismiss for Lack of Jurisdiction; denying as moot #86 Motion to Stay; denying as moot #90 Motion for Expedited Briefing; granting nunc pro tunc #101 Motion for Extension of Time to File Notice of Appeal. (MSB)
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Filing 116
Exhibit List re #115 Motion Hearing held on 11/15/2022 before Chief Judge Roberto A. Lange. (SAC)
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Filing 115
Motion Hearing held on 11/15/2022 re #110 MOTION to Quash Subpoenas and Notices of Depositions filed by Jared Schelske, Lyman County, Leslie Reuer, Brian Kraus, Zane Reis, Lyman County Board of Commissioners, Deb Halverson, Ryan Huffman, #101 MOTION to Extend Time to File Notice of Appeal filed by Jared Schelske, Lyman County, Leslie Reuer, Brian Kraus, Zane Reis, Deb Halverson, Lyman County Board of Commissioners, Ryan Huffman, #106 MOTION Judicial Notice filed by Ben Janis, Stephanie Bolman, Neil Pierre Russell, Lower Brule Sioux Tribe before Chief Judge Roberto A. Lange.. (Court Reporter: Cheryl Hook) (SAC)
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Filing 114
REPLY to Motion Response re #101 MOTION to Extend Time to File Notice of Appeal filed by All Defendants. (Frankenstein, Sara)
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Filing 113
RESPONSE to Motion re #101 MOTION to Extend Time to File Notice of Appeal filed by Stephanie Bolman, Ben Janis, Lower Brule Sioux Tribe, Neil Pierre Russell. (Seiler, Randolph)
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Filing 112
AFFIDAVIT in Support re #110 MOTION to Quash Subpoenas and Notices of Depositions filed by All Defendants. (Attachments: #1 Exhibit A - Kelty's written testimony, #2 Exhibit B - March 2, 2022 Senate guest register, #3 Exhibit C - Subpoenas and Deposition Notices) (Frankenstein, Sara)
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Filing 111
MEMORANDUM in Support re #110 MOTION to Quash Subpoenas and Notices of Depositions filed by All Defendants. (Frankenstein, Sara)
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Filing 110
MOTION to Quash Subpoenas and Notices of Depositions by Deb Halverson, Ryan Huffman, Brian Kraus, Lyman County, Lyman County Board of Commissioners, Zane Reis, Leslie Reuer, Jared Schelske. (Frankenstein, Sara)
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Filing 109
DECLARATION of Holly Massanelli re #106 MOTION Judicial Notice . (Seiler, Randolph)
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Filing 108
DECLARATION of Michelle Eaves re #106 MOTION Judicial Notice . (Seiler, Randolph)
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Filing 107
DECLARATION of Samantha B. Kelty re #106 MOTION Judicial Notice . (Attachments: #1 Exhibit A - Decennial Census P.L. 94-171 Redistricting Data Summary Files, #2 Exhibit B - 2022 House Bill 1127 and SD House of Reps Journal, #3 Exhibit C - Senate State Affairs Minutes and Transcripts, #4 Exhibit D- Consent Decree, United States v. Chamberlain School Dist) (Seiler, Randolph)
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Filing 106
MOTION Judicial Notice by Stephanie Bolman, Ben Janis, Lower Brule Sioux Tribe, Neil Pierre Russell. (Seiler, Randolph)
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Filing 105
REPLY to Motion Response re #83 Second MOTION to DISMISS for Lack of Jurisdiction filed by All Defendants. (Frankenstein, Sara)
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Filing 104
AFFIDAVIT in Support re #86 MOTION to Stay Discovery - Expedited Consideration Requested Sixth Affidavit of Deb Halverson filed by All Defendants. (Frankenstein, Sara)
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Filing 103
REPLY to Motion Response re #86 MOTION to Stay Discovery - Expedited Consideration Requested filed by All Defendants. (Frankenstein, Sara)
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Filing 102
MEMORANDUM in Support re #101 MOTION to Extend Time to File Notice of Appeal filed by All Defendants. (Frankenstein, Sara)
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Filing 101
MOTION to Extend Time to File Notice of Appeal by Deb Halverson, Ryan Huffman, Brian Kraus, Lyman County, Lyman County Board of Commissioners, Zane Reis, Leslie Reuer, Jared Schelske. (Frankenstein, Sara)
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Filing 100
TEXT ORDER., Hearings Set( Motion Hearing set for 11/15/2022 at 04:00 PM in Pierre Courtroom 1 before Chief Judge Roberto A. Lange) Signed by Chief Judge Roberto A. Lange on 10/26/22. (KMH)
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Filing 99
DECLARATION of Samantha B. Kelty re #86 Motion to Stay Discovery. (Attachments: #1 Exhibit A - September 21 Email to Sara F. re Dates for Defendant depositions, #2 Exhibit B - October 2 Email to Sara F. re Dates for Defendant depositions, #3 Exhibit C - Email to Kea Warne and Clifton Katz re Dates for deposition) (Seiler, Randolph) Modified link on 10/18/2022 (DJP).
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Filing 98
RESPONSE to Motion re #86 MOTION to Stay Discovery - Expedited Consideration Requested filed by All Plaintiffs. (Seiler, Randolph)
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Filing 97
RESPONSE to Motion re #83 Second MOTION to DISMISS for Lack of Jurisdiction filed by All Plaintiffs. (Seiler, Randolph)
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Filing 96
USCA Case Number for #92 Notice of Appeal, filed by Jared Schelske, Lyman County, Leslie Reuer, Brian Kraus, Zane Reis, Lyman County Board of Commissioners, Deb Halverson, Ryan Huffman. USCA Case Number: 22-3078. (TAL)
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Filing 95
AFFIDAVIT in Support re #86 MOTION to Stay Discovery - Expedited Consideration Requested filed by All Defendants. (Attachments: #1 Exhibit M - Discovery Requests to Lyman County) (Frankenstein, Sara)
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Filing 94
TRANSMITTAL of Notice of Appeal to 8th Circuit Court of Appeals re #92 Notice of Appeal. (SKK)
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Filing 93
LETTER with enclosed Physical Exhibit H received during the Evidentiary Hearing held on 07/26/2022 - 07/27/2022 sent by Clerk's Office to 8th Circuit Court of Appeals. (DLC)
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NOTICE of Filing Error: #89 Affidavit in Support of Motion was filed in error and should be disregarded. (Frankenstein, Sara)
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Filing 92
NOTICE OF APPEAL as to #79 Memorandum Opinion and Order by Deb Halverson, Ryan Huffman, Brian Kraus, Lyman County, Lyman County Board of Commissioners, Zane Reis, Leslie Reuer, Jared Schelske. (paid $505 Appellate Filing fee; receipt number ASDDC-3888819). (Frankenstein, Sara)
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Filing 91
LETTER with enclosed Transcripts sent by Clerk's Office to Scott Lewandoski. (VMM)
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Filing 90
MOTION to Expedite Briefing on Motion to Stay Discovery by Deb Halverson, Ryan Huffman, Brian Kraus, Lyman County, Lyman County Board of Commissioners, Zane Reis, Leslie Reuer, Jared Schelske. (Frankenstein, Sara) Modified to remove term date on 11/16/2022 (MSB).
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Filing 89
FILED IN ERO=ROR - AFFIDAVIT in Support re #86 MOTION to Stay Discovery - Expedited Consideration Requested filed by All Defendants. (Attachments: #1 Exhibit M- Discovery Requests) (Frankenstein, Sara) Modified on 10/6/2022 (SKK).
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Filing 88
FILED IN ERROR - AFFIDAVIT in Support re #86 MOTION to Stay Discovery - Expedited Consideration Requested filed by All Defendants. (Frankenstein, Sara) Modified on 9/30/2022 (SKK).
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NOTICE of Filing Error: #88 Affidavit in Support of Motion was filed in error and should be disregarded. (Frankenstein, Sara)
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TRANSMITTAL of Subsequent Filing to 8th Circuit Court of Appeals re #86 MOTION to Stay Discovery - Expedited Consideration Requested, #84 Memorandum in Support of Motion, #82 Discovery Report, #83 Second MOTION to DISMISS for Lack of Jurisdiction , #85 Certificate, #87 Memorandum in Support of Motion. (SKK)
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Filing 87
MEMORANDUM in Support re #86 MOTION to Stay Discovery - Expedited Consideration Requested filed by All Defendants. (Frankenstein, Sara)
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Filing 86
MOTION to Stay Discovery - Expedited Consideration Requested by Deb Halverson, Ryan Huffman, Brian Kraus, Lyman County, Lyman County Board of Commissioners, Zane Reis, Leslie Reuer, Jared Schelske. (Frankenstein, Sara) Modified to remove term date on 11/16/2022 (MSB).
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Filing 85
CERTIFICATE Certification of Good Faith Effort to Comply with Fed.R.Civ.P. 37(a)(1) and D.S.D.LR 37.01 by Deb Halverson, Ryan Huffman, Brian Kraus, Lyman County, Lyman County Board of Commissioners, Zane Reis, Leslie Reuer, Jared Schelske (Frankenstein, Sara)
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Filing 84
MEMORANDUM in Support re #83 Second MOTION to DISMISS for Lack of Jurisdiction filed by All Defendants. (Frankenstein, Sara)
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Filing 83
Second MOTION to DISMISS for Lack of Jurisdiction by Deb Halverson, Ryan Huffman, Brian Kraus, Lyman County, Lyman County Board of Commissioners, Zane Reis, Leslie Reuer, Jared Schelske. (Frankenstein, Sara) Modified to remove term date on 11/16/2022 (MSB).
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Filing 82
Discovery Report re #56 Order for Discovery Report and Plaintiffs' Proposed Discovery Plan by Stephanie Bolman, Ben Janis, Lower Brule Sioux Tribe, Neil Pierre Russell. Related document: #56 Order for Discovery Report.(Seiler, Randolph)
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Filing 81
ORDER granting #80 Plaintiffs' Unopposed Motion for Fee Deadline Extension. Signed by Chief Judge Roberto A. Lange on 9/19/2022. (CLR)
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TRANSMITTAL of Subsequent Filing to 8th Circuit Court of Appeals re #81 Order on Plaintiffs' Unopposed Motion for Fee Deadline Extension.. (CLR)
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TRANSMITTAL of Subsequent Filing to 8th Circuit Court of Appeals re #80 MOTION to Extend Fee Deadline.. (VMM)
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Filing 80
MOTION to Extend Fee Deadline by Stephanie Bolman, Ben Janis, Lower Brule Sioux Tribe, Neil Pierre Russell. (Seiler, Randolph)
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TRANSMITTAL of Subsequent Filing to 8th Circuit Court of Appeals re #77 Response, #73 Order, #70 Response, #78 Response, #71 Order on Motion for Protective Order, #67 Response, #74 Transcript, #68 Transcript, #75 Affidavit, #79 Memorandum Opinion and Order, #69 MOTION for Protective Order, #72 Status Conference, #66 Affidavit, #76 Affidavit. (SKK)
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Filing 79
OPINION AND ORDER Granting Motion for and Entering Preliminary Injunction to a Limited Extent. Signed by Chief Judge Roberto A. Lange on 09/02/2022. (KLE)
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Filing 78
RESPONSE to #73 Order filed by All Defendants. (Frankenstein, Sara)
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Filing 77
RESPONSE to #73 Order FOURTH AFFIDAVIT OF DEB HALVERSON filed by All Defendants. (Attachments: #1 Exhibit K-Email with Cody Russell, #2 Exhibit L-Liaison Information Report) (Frankenstein, Sara)
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Filing 76
AFFIDAVIT of Samantha B. Kelty re #73 Order SEEKING ADDITIONAL INFORMATION ON FEASIBILITY OF CERTAIN BALLOT CHANGES. (Seiler, Randolph)
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Filing 75
AFFIDAVIT of Brandon Campea re #73 Order SEEKING ADDITIONAL INFORMATION ON FEASIBILITY OF CERTAIN BALLOT CHANGES. (Seiler, Randolph)
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Filing 74
TRANSCRIPT OF STATUS HEARING (Remedial Plan) held on August 23, 2022 before Judge Roberto A. Lange. Court Reporter: Connie Heckenlaible, Telephone number: 605-945-4627. Transcript may be viewed at the Clerk's Office public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. The parties have twenty-one (21) calendar days to file a Redaction Request of this transcript. Release of Transcript Restriction set for 11/25/2022. (CJH)
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Filing 73
ORDER Seeking Additional Information on Feasibility of Certain Ballot Changes. Ordered that the parties have until Monday, August 29 at no later than 3:00 p.m. Central Time to file. Signed by Chief Judge Roberto A. Lange on 08/24/2022. (KLE)
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Notice of Unrestricting #50 Restricted Trial/Hearing Exhibits offered by Stephanie Bolman, Ben Janis, Lower Brule Sioux Tribe, Neil Pierre Russell, and #52 Restricted Trial/Hearing Exhibits offered by Deb Halverson, Ryan Huffman, Brian Kraus, Lyman County, Lyman County Board of Commissioners, Zane Reis, Leslie Reuer and Jared Schelske. (DLC)
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Filing 72
Status Conference held on 8/23/2022. before Chief Judge Roberto A. Lange. (Court Reporter: Connie Heckenlaible) (SAC)
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Filing 71
ORDER granting #69 Motion for Protective Order. Signed by Chief Judge Roberto A. Lange on 08/23/2022. (SAC)
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Filing 70
RESPONSE to #67 Response in Opposition to Defendants' Remedial Plan filed by All Plaintiffs. (Attachments: #1 Exhibit Meeting Minutes) (Seiler, Randolph)
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Filing 69
MOTION FOR PROTECTIVE ORDER Stipulation for Protective Order Governing Confidential Information by Stephanie Bolman, Ben Janis, Lower Brule Sioux Tribe, Neil Pierre Russell. (Seiler, Randolph) Modified Event Type to appropriate motion relief and modified Docket Text on 8/23/2022 (DLC).
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Filing 68
TRANSCRIPT OF EVIDENTIARY HEARING (Motion for Preliminary Injunction) (Volume I of II) #48 held on July 26 and 27, 2022 before Judge Roberto A. Lange. Court Reporter: Connie Heckenlaible, Telephone number: 605-945-4627. Transcript may be viewed at the Clerk's Office public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. The parties have twenty-one (21) calendar days to file a Redaction Request of this transcript. Release of Transcript Restriction set for 11/18/2022. (Attachments: #1 Volume II of II) (CJH)
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Filing 67
RESPONSE to #55 Order on Motion for Preliminary Injunction REGARDING COURT'S ORDER FOR A REMEDIAL PLAN filed by All Defendants. (Frankenstein, Sara)
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Filing 66
AFFIDAVIT of Deb Halverson re #55 Order on Motion for Preliminary Injunction THIRD AFFIDAVIT. (Attachments: #1 Exhibit G- Agenda for August 15, 2022, #2 Exhibit I - Ordinance Amendment 01, #3 Exhibit J - Sealed spreadsheet of addresses) (Frankenstein, Sara) (Attachment 3 replaced on 8/23/2022) (DLC). Modified Attachment 3 text on 8/23/2022 (DLC).
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Filing 65
USCA Case Number and Appeal Briefing Schedule Order for #58 Notice of Appeal, filed by Jared Schelske, Lyman County, Leslie Reuer, Brian Kraus, Zane Reis, Lyman County Board of Commissioners, Deb Halverson, Ryan Huffman. USCA Case Number: 22-2748 Transcript due by 9/27/2022. (Attachments: #1 Briefing Schedule). (TAL)
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Filing 64
ORDER denying #59 Defendants' Emergency Motion For Stay Pending Appeal. Signed by Chief Judge Roberto A. Lange on 8/17/2022. (CLR)
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Filing 63
TRANSMITTAL of Notice of Appeal to 8th Circuit Court of Appeals re #58 Notice of Appeal. (SKK)
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Filing 62
FILED IN ERROR - NOTICE OF INTERLOCUTORY APPEAL as to #55 Order on Motion for Preliminary Injunction by Deb Halverson, Ryan Huffman, Brian Kraus, Lyman County, Lyman County Board of Commissioners, Zane Reis, Leslie Reuer, Jared Schelske. (SKK) Modified on 8/17/2022 (SKK).
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TRANSMITTAL of Subsequent Filing to 8th Circuit Court of Appeals re #64 Order on Motion to Stay. (CLR)
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NOTICE of Filing Error: #62 Notice of Appeal - Interlocutory was filed in error and should be disregarded. (SKK)
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Filing 61
MEMORANDUM in Support re #59 Emergency MOTION to Stay re #55 Order on Motion for Preliminary Injunction filed by All Defendants. (Frankenstein, Sara)
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Filing 60
AFFIDAVIT in Support re #59 Emergency MOTION to Stay re #55 Order on Motion for Preliminary Injunction filed by All Defendants. (Attachments: #1 Exhibit E - Email with Lower Brule Housing, #2 Exhibit F - Email from Secretary of State, #3 Exhibit H - Petitions for Commissioners) (Frankenstein, Sara)
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Filing 59
Emergency MOTION to Stay re #55 Order on Motion for Preliminary Injunction by Deb Halverson, Ryan Huffman, Brian Kraus, Lyman County, Lyman County Board of Commissioners, Zane Reis, Leslie Reuer, Jared Schelske. (Frankenstein, Sara)
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Filing 58
NOTICE OF APPEAL as to #55 Order on Motion for Preliminary Injunction by Deb Halverson, Ryan Huffman, Brian Kraus, Lyman County, Lyman County Board of Commissioners, Zane Reis, Leslie Reuer, Jared Schelske. (paid $505 Appellate Filing fee; receipt number ASDDC-3856806). (Frankenstein, Sara)
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Filing 57
ORDER Setting Video Conference/Telephonic Hearing for 8/23/2022 at 10:00 AM in Pierre Courtroom 1 - Room 436 before Chief Judge Roberto A. Lange. Signed by Chief Judge Roberto A. Lange on 08/16/2022. (KLE)
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Filing 56
ORDER for Discovery Report and Scheduling Information. Signed by Chief Judge Roberto A. Lange on 8/12/2022. (CLR)
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Filing 55
OPINION and ORDER granting #3 Motion for Preliminary Injunction Depending on Adoption of an Appropriate Remedial Plan. Signed by Chief Judge Roberto A. Lange on 08/11/2022. (KLE)
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Filing 54
ANSWER to #1 Complaint, by All Defendants. (Frankenstein, Sara)
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Filing 53
SEALED Exhibit 17 offered by Deb Halverson, Ryan Huffman, Brian Kraus, Lyman County, Lyman County Board of Commissioners, Zane Reis, Leslie Reuer, Jared Schelske during Motion Hearing, #48 Motion Hearing, on 07/26/22 - 07/27/22 before Chief Judge Roberto A. Lange. (DLC)
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Filing 52
RESTRICTED EXHIBITS offered by Deb Halverson, Ryan Huffman, Brian Kraus, Lyman County, Lyman County Board of Commissioners, Zane Reis, Leslie Reuer, Jared Schelske during Motion Hearing, #48 Motion Hearing, on 07/26/22 - 07/27/22 before Chief Judge Roberto A. Lange. The offering party must review its attached exhibits to determine if redactions are required. If redactions are required, the offering party must electronically file its documentary exhibits offered and/or received into evidence during the trial or evidentiary hearing, including ALL redacted documents and ALL documents that do not require redaction, within 21 days using the Redacted Trial/Hearing Exhibits event. This requirement excludes exhibits that were sealed when offered and/or received. If no redactions are necessary, the attached exhibits will be unrestricted in 21 days on 8/22/2022. (DLC)
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Filing 51
SEALED Exhibit K offered by Stephanie Bolman, Ben Janis, Lower Brule Sioux Tribe, Neil Pierre Russell during Motion Hearing, #48 Motion Hearing, on 07/26/22 - 07/27/22 before Chief Judge Roberto A. Lange. (DLC)
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Filing 50
RESTRICTED EXHIBITS offered by Stephanie Bolman, Ben Janis, Lower Brule Sioux Tribe, Neil Pierre Russell during Motion Hearing, #48 Motion Hearing, on 07/26/22 - 07/27/22 before Chief Judge Roberto A. Lange. The offering party must review its attached exhibits to determine if redactions are required. If redactions are required, the offering party must electronically file its documentary exhibits offered and/or received into evidence during the trial or evidentiary hearing, including ALL redacted documents and ALL documents that do not require redaction, within 21 days using the Redacted Trial/Hearing Exhibits event. This requirement excludes exhibits that were sealed when offered and/or received. If no redactions are necessary, the attached exhibits will be unrestricted in 21 days on 8/22/2022. (DLC)
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Filing 49
Exhibit List re #48 Motion Hearing held on 07/26/22 - 07/27/22 before Chief Judge Roberto A. Lange. (DLC)
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Filing 48
Motion Hearing concluded on 7/27/2022 re #3 MOTION for Preliminary Injunction filed by Neil Pierre Russell, Ben Janis, Stephanie Bolman, Lower Brule Sioux Tribe before Chief Judge Roberto A. Lange.. (Court Reporter: Connie Heckenlaible) (DLC)
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Motion Hearing held on 7/26/2022 re #3 MOTION for Preliminary Injunction filed by Neil Pierre Russell, Ben Janis, Stephanie Bolman, Lower Brule Sioux Tribe before Chief Judge Roberto A. Lange.. (Court Reporter: Connie Heckenlaible) (DLC)
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Filing 47
REPLY to Motion Response re #34 MOTION to DISMISS for Failure to State a Claim filed by All Defendants. (Frankenstein, Sara)
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Filing 46
MEMORANDUM in Support re #45 MOTION IN LIMINE: Regarding Daniel McCool filed by All Defendants. (Attachments: #1 Exhibit A-Deposition Transcript) (Frankenstein, Sara)
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Filing 45
MOTION IN LIMINE: by Lyman County. (Frankenstein, Sara)
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Filing 44
MEMORANDUM in Opposition re #38 MOTION for Hearing TO DECIDE PRELIMINARY INJUNCTION ON THE RECORD; TO RETAIN THE HEARING FOR PRESENTATION OF EVIDENCE REGARDING REMEDIAL ELECTION CALENDAR; AND TO ORDER A BRIEFING SCHEDULE filed by All Defendants. (Frankenstein, Sara)
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Filing 43
RESPONSE to Motion re #34 MOTION to DISMISS for Failure to State a Claim filed by All Plaintiffs. (Seiler, Randolph)
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Filing 42
REPLY to Motion Response re #3 MOTION for Preliminary Injunction filed by All Plaintiffs. (Attachments: #1 Exhibit Declaration of Philena ("Phil") Burtch in Support of Motion for Preliminary Injunction, #2 Exhibit Plaintiffs' Evidentiary Objections to the Declaration of Deb Halverson) (Seiler, Randolph)
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NOTICE of Filing Error: #41 Reply to Motion Response, was filed in error and should be disregarded. (Seiler, Randolph)
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Filing 41
FILED IN ERROR - REPLY to Motion Response re #3 MOTION for Preliminary Injunction filed by All Plaintiffs. (Attachments: #1 Exhibit Declaration of Philena ("Phil") Burtch in Support of Motion for Preliminary Injunction) (Seiler, Randolph) Modified on 7/14/2022 (SKK).
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Filing 40
ORDER granting #39 Motion for Admission Pro Hac Vice of Allison A. Neswood. Signed by Chief Judge Roberto A. Lange on 07/06/2022. (KLE)
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Filing 39
MOTION for Attorney Allison A. Neswood to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3826159) by Stephanie Bolman, Ben Janis, Lower Brule Sioux Tribe, Neil Pierre Russell. (Seiler, Randolph)
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Filing 38
MOTION for Hearing TO DECIDE PRELIMINARY INJUNCTION ON THE RECORD; TO RETAIN THE HEARING FOR PRESENTATION OF EVIDENCE REGARDING REMEDIAL ELECTION CALENDAR; AND TO ORDER A BRIEFING SCHEDULE by Stephanie Bolman, Ben Janis, Lower Brule Sioux Tribe, Neil Pierre Russell. (Seiler, Randolph)
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Filing 37
MEMORANDUM in Opposition re #3 MOTION for Preliminary Injunction filed by All Defendants. (Attachments: #1 Exhibit D-House Bill 1127A) (Williams, Richard)
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Filing 36
AFFIDAVIT in Support re #34 MOTION to DISMISS for Failure to State a Claim filed by All Defendants. (Attachments: #1 Exhibit A - Halverson and Russell Email String, #2 Exhibit B - TotalVote options, #3 Exhibit C - Email from Secretary of State) (Frankenstein, Sara)
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Filing 35
MEMORANDUM in Support re #34 MOTION to DISMISS for Failure to State a Claim filed by All Defendants. (Frankenstein, Sara)
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Filing 34
MOTION to DISMISS for Failure to State a Claim by Lyman County. (Frankenstein, Sara)
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Filing 33
NOTICE of Appearance by Richard M. Williams on behalf of All Defendants. (Williams, Richard)
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Filing 32
ORDER SCHEDULING HEARING: Motion Hearing set for 7/26/2022 at 10:00 AM in Pierre Courtroom 1 - Room 436 before Chief Judge Roberto A. Lange Signed by Chief Judge Roberto A. Lange on 06/09/2022. (KLE)
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Filing 31
ORDER SETTING BRIEFING SCHEDULE: Response to Plaintiff's motion for preliminary injunction due by 6/28/2022. Plaintiff may serve and file a reply brief by 7/12/2022. Signed by Chief Judge Roberto A. Lange on 06/07/2022. (KLE)
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Filing 30
WAIVER OF SERVICE Returned Executed by Neil Pierre Russell, Ben Janis, Lower Brule Sioux Tribe, Stephanie Bolman. All Defendants. (Seiler, Randolph)
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Filing 29
NOTICE of Appearance by Sara Frankenstein on behalf of All Defendants. (Frankenstein, Sara)
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Filing 28
ORDER granting #24 Motion for Admission Pro Hac Vice of Attorney Michael S. Carter for Stephanie Bolman, Ben Janis, Lower Brule Sioux Tribe, and Neil Pierre Russell. Signed by Chief Judge Roberto A. Lange on 5/25/2022. (CLR)
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Filing 27
ORDER granting #23 Motion for Admission Pro Hac Vice of Attorney Matthew Campbell for Stephanie Bolman, Ben Janis, Lower Brule Sioux Tribe, and Neil Pierre Russell. Signed by Chief Judge Roberto A. Lange on 5/25/2022. (CLR)
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Filing 26
ORDER granting #22 Motion for Admission Pro Hac Vice of Attorney Samantha B. Kelty for Stephanie Bolman, Ben Janis, Lower Brule Sioux Tribe, and Neil Pierre Russell. Signed by Chief Judge Roberto A. Lange on 5/25/2022. (CLR)
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Filing 25
CERTIFICATE OF SERVICE by Stephanie Bolman, Ben Janis, Lower Brule Sioux Tribe, Neil Pierre Russell re #14 MOTION for Attorney Kathryn Eidmann to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3798034), #23 MOTION for Attorney Matthew Campbell to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3799162), #24 MOTION for Attorney Michael S. Carter to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3799165), #12 MOTION for Attorney Tara Ford to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3798012), #16 MOTION for Attorney Bryan Sells to be Admitted Pro Hac Vice (includes a request to waive the fee), #22 MOTION for Attorney Samantha B. Kelty to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3799156), #13 MOTION for Attorney Sirena P. Castillo to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3798028), #15 MOTION for Attorney John F. Libby to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3798040) . (Seiler, Randolph)
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Filing 24
MOTION for Attorney Michael S. Carter to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3799165) by Stephanie Bolman, Ben Janis, Lower Brule Sioux Tribe, Neil Pierre Russell. (Seiler, Randolph)
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Filing 23
MOTION for Attorney Matthew Campbell to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3799162) by Stephanie Bolman, Ben Janis, Lower Brule Sioux Tribe, Neil Pierre Russell. (Seiler, Randolph)
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Filing 22
MOTION for Attorney Samantha B. Kelty to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3799156) by Stephanie Bolman, Ben Janis, Lower Brule Sioux Tribe, Neil Pierre Russell. (Seiler, Randolph)
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Filing 21
ORDER granting #16 Motion for Admission Pro Hac Vice of Attorney Bryan L. Sells for Stephanie Bolman, Ben Janis, Lower Brule Sioux Tribe, and Neil Pierre Russell. Signed by Chief Judge Roberto A. Lange on 5/24/2022. (CLR)
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Filing 20
ORDER granting #15 Motion for Admission Pro Hac Vice of Attorney John F. Libby for Stephanie Bolman, Ben Janis, Lower Brule Sioux Tribe, and Neil Pierre Russell. Signed by Chief Judge Roberto A. Lange on 5/24/2022. (CLR)
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Filing 19
ORDER granting #14 Motion for Admission Pro Hac Vice of Attorney Kathryn Eidmann for Stephanie Bolman, Ben Janis, Lower Brule Sioux Tribe, and Neil Pierre Russell. Signed by Chief Judge Roberto A. Lange on 5/24/2022. (CLR)
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Filing 18
ORDER granting #13 Motion for Admission Pro Hac Vice of Attorney Sirena P. Castillo for Stephanie Bolman, Ben Janis, Lower Brule Sioux Tribe, and Neil Pierre Russell. Signed by Chief Judge Roberto A. Lange on 5/24/2022. (CLR)
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Filing 17
ORDER granting #12 Motion for Admission Pro Hac Vice of Attorney Tara Ford for Stephanie Bolman, Ben Janis, Lower Brule Sioux Tribe, Neil Pierre Russell. Signed by Chief Judge Roberto A. Lange on 5/24/2022. (CLR)
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Filing 16
MOTION for Attorney Bryan Sells to be Admitted Pro Hac Vice (includes a request to waive the fee) by Stephanie Bolman, Ben Janis, Lower Brule Sioux Tribe, Neil Pierre Russell. (Seiler, Randolph)
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Filing 15
MOTION for Attorney John F. Libby to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3798040) by Stephanie Bolman, Ben Janis, Lower Brule Sioux Tribe, Neil Pierre Russell. (Seiler, Randolph)
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Filing 14
MOTION for Attorney Kathryn Eidmann to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3798034) by Stephanie Bolman, Lower Brule Sioux Tribe, Neil Pierre Russell. (Seiler, Randolph)
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Filing 13
MOTION for Attorney Sirena P. Castillo to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3798028) by Stephanie Bolman, Ben Janis, Lower Brule Sioux Tribe, Neil Pierre Russell. (Seiler, Randolph)
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Filing 12
MOTION for Attorney Tara Ford to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3798012) by Stephanie Bolman, Ben Janis, Lower Brule Sioux Tribe, Neil Pierre Russell. (Seiler, Randolph)
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Filing 11
MEMORANDUM in Support re #3 MOTION for Preliminary Injunction filed by All Plaintiffs. (Seiler, Randolph)
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Filing 10
Summons Issued as to All Defendants. 7 Summons(es), a Rule 73 Memo, and AO 85s for each party delivered to plaintiff's counsel via electronic delivery. (Attachments: #1 Summons, #2 AO 85)(SKK)
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Filing 9
REQUEST FOR ISSUANCE OF SUMMONS(ES) by Stephanie Bolman, Ben Janis, Lower Brule Sioux Tribe, Neil Pierre Russell. (Seiler, Randolph)
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NOTICE of Filing Error: #2 Request for Issuance of Summons was filed in error and should be disregarded. (Seiler, Randolph)
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NOTICE of Filing Error: #4 Motion for Preliminary Injunction was filed in error and should be disregarded. (Seiler, Randolph)
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Filing 8
DECLARATION of Samantha B. Kelty in Support of #3 MOTION for Preliminary Injunction filed by All Plaintiffs. (Attachments: #1 Exhibit Lyman County Meeting Minutes February 1992, #2 Exhibit Lower Brule VC Russell Testimony and Written Reports, #3 Exhibit Lower Brule Resolution No. 2022-103, #4 Exhibit Lower Brule VC Russell Testimony in Opposition to HB 1127A, #5 Exhibit 2022 SD Legislature House Bill 1127, #6 Exhibit Lyman County Meeting Minutes 2-3-2022 and Map Options) (Seiler, Randolph) Modified on 5/20/2022 to correct link and type of document (SKK).
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Filing 7
DECLARATION of Neil Pierre "Cody" Russel in Support of #3 MOTION for Preliminary Injunction filed by All Plaintiffs. (Seiler, Randolph) Modified on 5/20/2022 to correct link and type of document (SKK).
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Filing 6
DECLARATION of Daniel McCool in Support of #3 MOTION for Preliminary Injunction filed by All Plaintiffs. (Seiler, Randolph) Modified on 5/20/2022 to correct link and type of document (SKK).
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Filing 5
DECLARATIONS of Loren Collingwood and Hannah Walker in Support of #3 MOTION for Preliminary Injunction filed by Stephanie Bolman, Ben Janis, Lower Brule Sioux Tribe, Neil Pierre Russell. (Seiler, Randolph) Modified on 5/20/2022 to correct link and type of document (SKK).
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Filing 4
FILED IN ERROR - MOTION for Preliminary Injunction by Stephanie Bolman, Ben Janis, Lower Brule Sioux Tribe, Neil Pierre Russell. (Seiler, Randolph) Modified on 5/23/2022 (SKK).
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Filing 3
MOTION for Preliminary Injunction by Stephanie Bolman, Ben Janis, Lower Brule Sioux Tribe, Neil Pierre Russell. (Seiler, Randolph)
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Filing 2
FILED IN ERROR - REQUEST FOR ISSUANCE OF SUMMONS(ES) by Stephanie Bolman, Ben Janis, Lower Brule Sioux Tribe, Neil Pierre Russell. (Seiler, Randolph) Modified on 5/20/2022 (SKK).
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Filing 1
COMPLAINT, $402.00 fee paid, receipt# ASDDC-3795041, in shell case on 05/18/2022 filed by Lower Brule Sioux Tribe, Neil Pierre Russell, Stephanie Bolman, and Ben Janis on 05/18/2022. (Attachments: #1 Ordinance, #2 Lower Brule's illustrative map and population statistics) (DLC)
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