White Face v. Church, et al.
Plaintiff: Charmaine White Face
Defendant: Jerrilyn Church and James Driving Hawk
Amicus Curiae: Cheyenne River Sioux Tribe and Oglala Sioux Tribe
Case Number: 5:2018cv05087
Filed: December 4, 2018
Court: US District Court for the District of South Dakota
Presiding Judge: Jeffrey L Viken
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. ยง 1331
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 14, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 14, 2018 Filing 30 JUDGMENT in favor of James Driving Hawk, Jerrilyn Church and against Charmaine White Face. Signed by Chief Judge Jeffrey L. Viken on 12/14/18. (SB)
December 14, 2018 Opinion or Order Filing 29 ORDER denying #8 Motion for Permanent Injunction; granting #13 Motion to Dismiss for Failure to State a Claim; granting #14 Motion to Dismiss for Lack of Jurisdiction; denying as moot #17 Motion for Leave to file an amicus brief. Signed by Chief Judge Jeffrey L. Viken on 12/14/18. (SB)
December 13, 2018 Filing 28 RESPONSE to Motion re #14 MOTION to DISMISS for Lack of Jurisdiction and Objection to TRO filed by Charmaine White Face. (Attachments: #1 Exhibit 1 - Petition for Temporary Injunction with Oglala Sioux Tribe, #2 Exhibit 2 - Assignment of Special Judge, #3 Exhibit 3 - Dismissal by OST Court, #4 Exhibit 4 - Great Plains Tribal Chairman's Health Board Incorporation, #5 Exhibit 5 - 11/5/18 Letter to Michael Weahkie, #6 Exhibit 6 - 11/13/18 Complaint filed with Joe Amiotte, #7 Exhibit 11/6/18 Letter to Michael Weahkie, #8 Exhibit 8 - 11/23/18 Memorandum to James Driving Hawk, #9 Exhibit 9 - Administrative Complaint to IHS Headquarters) (SST)
December 13, 2018 Filing 27 Motion Hearing held on 12/13/2018 re #8 MOTION for Permanent Injunction filed by Charmaine White Face, #14 MOTION to DISMISS for Lack of Jurisdiction filed by James Driving Hawk, #13 MOTION to DISMISS for Failure to State a Claim filed by Jerrilyn Church and #17 MOTION for Leave to File Brief as Amicus Curiae filed by Oglala Sioux Tribe Cheyenne River Sioux Tribe before Chief Judge Jeffrey L. Viken. (Court Reporter: Judy Thompson) (KLE)
December 13, 2018 Filing 26 NOTICE of Appearance by Patrick A. Lee on behalf of Charmaine White Face. (SST)
December 13, 2018 Filing 25 DECLARATION of Jerilyn Church re #23 Reply to Motion Response . (Kidder, Rebecca)
December 13, 2018 Filing 24 DECLARATION of Rebecca Kidder re #23 Reply to Motion Response . (Attachments: #1 Exhibit Certificate of Amendment by Secretary of State, #2 Exhibit Certificate of Incorporation, #3 Exhibit Articles of Incorporation, #4 Exhibit By-Laws, #5 Exhibit Unified Health Board Resolution, #6 Exhibit Oglala Sioux Tribal Resolution, #7 Exhibit Cheyenne River Sioux Tribal Resolution, #8 Exhibit Rosebud Sioux Tribal Resolution, #9 Exhibit Great Plains Tribal Chairmen's Health Board Resolution, #10 Exhibit Petition for Temporary Injunction of Charmaine White Face, #11 Exhibit Order of Dismissal of the Petition for Temporary Injunction) (Kidder, Rebecca)
December 13, 2018 Filing 23 RESPONSE re #8 MOTION for Emergency Temporary Injunction and Request for Immediate Injunction Requests for Preliminary Relief filed by Jerrilyn Church. (Kidder, Rebecca) Modified on 12/14/2018 to change docket text according to pleading (SKK).
December 13, 2018 NOTICE of Filing Error: #20 Response to Motion was filed in error and should be disregarded. (Kidder, Rebecca)
December 13, 2018 NOTICE of Filing Error: #22 Declaration, was filed in error and should be disregarded. (Kidder, Rebecca)
December 13, 2018 NOTICE of Filing Error: #21 Declaration was filed in error and should be disregarded. (Kidder, Rebecca)
December 12, 2018 Filing 22 FILED IN ERROR - DECLARATION of Rebecca Kidder re #20 Response to Motion . (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit) (Kidder, Rebecca) Modified on 12/14/2018 (SKK).
December 12, 2018 Filing 21 FILED IN ERROR - DECLARATION of Jerilyn Church re #20 Response to Motion . (Kidder, Rebecca) Modified on 12/14/2018 (SKK).
December 12, 2018 Filing 20 FILED IN ERROR - RESPONSE to Motion re #8 MOTION for Permanent Injunction filed by Jerrilyn Church. (Kidder, Rebecca) Modified on 12/14/2018 (SKK).
December 12, 2018 Filing 19 NOTICE of Appearance by Steven J. Gunn on behalf of Cheyenne River Sioux Tribe, Oglala Sioux Tribe. (Gunn, Steven)
December 12, 2018 Filing 18 BRIEF by Amicus Parties Cheyenne River Sioux Tribe, Oglala Sioux Tribe re #13 MOTION to DISMISS for Failure to State a Claim Filed by Great Plain's Tribal Chairmen's Health Board (Attachments: #1 Exhibit A (Oglala Sioux Tribe Resolution No. 18-42), #2 Exhibit B (Rosebud Sioux Tribe Resolution No. 2018-117), #3 Exhibit C (Cheyenne River Sioux Tribe Resolution No. 104-2018-CR)) (Gunn, Steven)
December 12, 2018 Filing 17 MOTION for Leave to File Brief as Amicus Curiae in Support of Great Plains Tribal Chairmen's Health Board's Motion to Dismiss by Oglala Sioux Tribe, Cheyenne River Sioux Tribe. (Gunn, Steven)
December 12, 2018 Filing 16 DECLARATION of Diana Ryan re #14 MOTION to DISMISS for Lack of Jurisdiction and Objection to TRO . (Attachments: #1 OST Resolution 18-42, #2 CRST Resolution 104-2018, #3 Rosebud Resolution 2018-117, #4 GPTCHB Resolution 2018-05, #5 GPTCHB proposal, #6 IHS ltr receipt of proposal, #7 IHS letter, #8 Decl Diana Ryan re lack of service, #9 1868 Treaty, #10 GPTCHB Bylaws, #11 CPTCHB Articles of Inc., #12 Decl James Anagnos re no admin claim, #13 IHS letter 11.27.18) (Ryan, Diana)
December 12, 2018 Filing 15 MEMORANDUM in Support re #14 MOTION to DISMISS for Lack of Jurisdiction and Objection to TRO filed by James Driving Hawk. (Ryan, Diana)
December 12, 2018 Filing 14 MOTION to DISMISS for Lack of Jurisdiction and Objection to TRO by James Driving Hawk. (Ryan, Diana)
December 11, 2018 Filing 13 MOTION to DISMISS for Failure to State a Claim by Jerrilyn Church. (Attachments: #1 Brief in Support of Motion to Dismiss) (Kidder, Rebecca)
December 11, 2018 Filing 12 NOTICE of Appearance by Diana J. Ryan on behalf of James Driving Hawk. (Ryan, Diana)
December 11, 2018 Opinion or Order Filing 11 ORDER granting #10 Motion for Admission Pro Hac Vice of Colin C. Hampson. Signed by Chief Judge Jeffrey L. Viken on 12/11/18. (SB)
December 11, 2018 Filing 10 MOTION for Attorney Colin C. Hampson to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869-2938713) by Jerrilyn Church. (Kidder, Rebecca)
December 11, 2018 Filing 9 NOTICE of Appearance by Rebecca L. Kidder on behalf of Jerrilyn Church. (Kidder, Rebecca)
December 10, 2018 Filing 8 MOTION for Emergency Temporary Injunction by Charmaine White Face. (SST)
December 7, 2018 Filing 7 NOTICE of Appearance by SaraBeth Donovan on behalf of James Driving Hawk. (Donovan, SaraBeth)
December 7, 2018 Opinion or Order Filing 6 TEXT SCHEDULING ORDER: Motion Hearing set for 12/13/2018 at 01:30 PM in Rapid City Courtroom 1 - Room 301* before Chief Judge Jeffrey L. Viken. Signed by Chief Judge Jeffrey L. Viken on 12/7/18. (SB) Mailed to Charmaine White Face via U.S. Postal Service on 12/10/2018 (SST).
December 6, 2018 Filing 5 SUMMONS Returned Executed by Charmaine White Face. Jerrilyn Church served on 12/4/2018, answer due 12/26/2018; James Driving Hawk served on 12/4/2018, answer due 12/26/2018. (SST)
December 4, 2018 Filing 4 New Case LETTER with enclosed Docket Sheet, Rule 4 of the Federal Rules of Civil Procedure, CM/ECF Pro Se Litigant Application sent by Clerk's Office to Charmaine White Face. (SST)
December 4, 2018 Filing 3 Summons Issued as to All Defendants. 2 original summons, 3 A085s, and one Rule 73 memo delivered to plaintiff via hand-delivery.(SST)
December 4, 2018 Filing 2 Filing Fee Received from Charmaine White Face. Fee Amount: $400, Receipt No.: #SDX500005542. (SST)
December 4, 2018 Filing 1 COMPLAINT filed by Charmaine White Face. (SST)

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Defendant: Jerrilyn Church
Represented By: Rebecca L. Kidder
Represented By: Colin C. Hampson
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Defendant: James Driving Hawk
Represented By: Diana J. Ryan
Represented By: SaraBeth Donovan
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Plaintiff: Charmaine White Face
Represented By: Patrick A. Lee
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Amicus curiae: Cheyenne River Sioux Tribe
Represented By: Steven J. Gunn
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Amicus curiae: Oglala Sioux Tribe
Represented By: Steven J. Gunn
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