Case: NDN Collective v. Retsel Corporation

COMPLAINT, $402 fee paid, receipt# ASDDC-3751358, in shell case on 3/23/2022 filed by Sunny Red Bear, NDN Collective on 3/23/2022. (CLR) (Main Document 1 replaced on 3/23/2022) (CLR). (Entered: 03/23/2022)

Summons Issued as to Retsel Corporation, Connie Uhre, Nicholas Uhre. 3 Summonses, a Rule 73 Memo, and AO 85s for each party delivered to plaintiff's counsel via electronic delivery. (Attachments: # 1 Summons Issued, # 2 AO 85)(CLR) (Entered: 03/23/2022)

CORPORATE Disclosure Statement by NDN Collective, Sunny Red Bear. (Johnson, Brendan) (Entered: 03/23/2022)

First AMENDED COMPLAINT . (Johnson, Brendan) (Entered: 03/24/2022)

REQUEST FOR ISSUANCE OF AMENDED SUMMONS(ES) by NDN Collective, Sunny Red Bear. (Johnson, Brendan) (Entered: 03/24/2022)

Summons Reissued as to All Defendants. (DLC) (Entered: 03/25/2022)

RETURN OF SERVICE Executed upon Defendant Retsel Corporation on 3/25/2022 (Billion, Timothy) (Entered: 04/04/2022)

RETURN OF SERVICE Executed upon Defendant Nicholas Uhre on 3/25/2022 (Billion, Timothy) (Entered: 04/04/2022)

Joint and Separate ANSWER to 4 Amended Complaint by All Defendants. (Lindeman, Bradley) (Entered: 04/15/2022)

CORPORATE Disclosure Statement by Retsel Corporation. (Lindeman, Bradley) (Entered: 04/15/2022)

ORDER for Discovery Report and Scheduling Information. Signed by Chief Judge Roberto A. Lange on 4/18/2022. (CLR) (Entered: 04/18/2022)

Amended Joint and Separate ANSWER to 4 First AMENDED COMPLAINT with Jury Demand by All Defendants. (Lindeman, Bradley) Modified Docket Entry Relationship and Docket Text on 5/9/2022 (DLC). (Entered: 05/06/2022)

Discovery Report Joint Rule 26(f) Report by NDN Collective, Sunny Red Bear.(Billion, Timothy) (Entered: 05/24/2022)

RULE 16 SCHEDULING ORDER: Discovery due by 11/1/2023; Motions due by 1/1/2024. Signed by Chief Judge Roberto A. Lange on 5/25/2022. (CLR) (Entered: 05/25/2022)

Unopposed MOTION to Amend/Correct Complaint by NDN Collective, Sunny Red Bear. (Attachments: # 1 Exhibit A - Proposed Second Amended Complaint) (Billion, Timothy) (Entered: 08/01/2022)

ORDER granting 15 Motion to Amend/Correct Complaint. Signed by Chief Judge Roberto A. Lange on 8/3/2022. (CLR) (Entered: 08/03/2022)

Second AMENDED COMPLAINT . (Johnson, Brendan) (Entered: 08/03/2022)

Defendants' Joint and Separate Answer ANSWER to 17 Amended Complaint, Second THIRD PARTY COMPLAINT against John Does 1-20, Jane Does 1-20, ABC Corporations 1-20, COUNTERCLAIM against NDN Collective by All Defendants. (Lindeman, Bradley) (Entered: 08/17/2022)

NOTICE of Extension of Time to Answer or Otherwise Respond by George Bettelyoun, NDN Collective, Sunny Red Bear . (Johnson, Brendan) (Entered: 08/31/2022)

MOTION to DISMISS by NDN Collective. (Johnson, Brendan) (Entered: 09/28/2022)

MEMORANDUM in Support re 20 MOTION to DISMISS filed by NDN Collective. (Johnson, Brendan) (Entered: 09/28/2022)

[FILED IN ERROR] RESPONSE to Motion re 20 MOTION to DISMISS (Unopposed Motion for Extension of Time to Respond) filed by All Defendants. (Lindeman, Bradley) Modified on 10/18/2022 to add text (KLE). (Entered: 10/18/2022)

NOTICE of Filing Error: 22 Response to Motion was filed in error and should be disregarded. (Lindeman, Bradley)

MOTION for Extension of Time to File Response re 20 MOTION to DISMISS by Retsel Corporation, Connie Uhre, Nicholas Uhre. (Lindeman, Bradley) (Entered: 10/18/2022)

Notice of Filing Error

ORDER granting 23 Motion for Extension of Time to File Response re 20 MOTION to DISMISS. Signed by Chief Judge Roberto A. Lange on 10/19/2022. (JLS) (Entered: 10/19/2022)

NOTICE of Appearance by Thad Andrew Titze on behalf of NDN Collective, Sunny Red Bear. (Titze, Thad) (Entered: 11/01/2022)

MEMORANDUM in Opposition re 20 MOTION to DISMISS Counterclaims filed by Retsel Corporation, Connie Uhre, Nicholas Uhre. (Lindeman, Bradley) (Entered: 11/16/2022)

Joint MOTION to Amend/Correct 14 Scheduling Order by George Bettelyoun, NDN Collective, Sunny Red Bear. (Attachments: # 1 Proposed Order (Amended Scheduling Order)) (Johnson, Brendan) (Entered: 11/21/2022)

ORDER granting 27 Motion to Amend/Correct. Discovery due by 2/1/2024 Motions due by 4/1/2024. Signed by Chief Judge Roberto A. Lange on 11/22/2022. (JLS) (Entered: 11/22/2022)

REPLY to 20 Motion to Dismiss Counterclaims filed by George Bettelyoun, NDN Collective, Sunny Red Bear. (Johnson, Brendan) (Entered: 12/14/2022)

AFFIDAVIT in Support re 20 MOTION to DISMISS Counterclaims filed by George Bettelyoun, NDN Collective, Sunny Red Bear. (Attachments: # 1 Exhibit A - Facebook post screenshot, # 2 Exhibit B - Email thread) (Johnson, Brendan) (Entered: 12/14/2022)

ORDER REASSIGNING CASE. Case reassigned to U.S. District Judge Lawrence L. Piersol for all further proceedings. Chief Judge Roberto A. Lange no longer assigned to case. Signed by Chief Judge Roberto A. Lange on 12/15/2022. (JLS) (Entered: 12/15/2022)

NOTICE by George Bettelyoun, NDN Collective, Sunny Red Bear (Notice of No Opposition to Motion to Consolidate). (Johnson, Brendan) (Entered: 01/11/2023)

SCHEDULING ORDER: Telephonic Motion Hearing set for 2/3/2023 at 11:00 AM in Sioux Falls Courtroom 1 before U.S. District Judge Lawrence L. Piersol Signed by U.S. District Judge Lawrence L. Piersol on 1/30/2023. (JLS) (Entered: 01/30/2023)

JOINT MOTION for Protective Order by Retsel Corporation. (Lindeman, Bradley) Modified on 2/3/2023 to change to motion (KLE). (Entered: 02/02/2023)

PROPOSED ORDER by Retsel Corporation, Connie Uhre, Nicholas Uhre re 34 Stipulation for Protective Order (Lindeman, Bradley) (Entered: 02/02/2023)

Motion Hearing held on 2/3/2023 re 34 MOTION for Protective Order filed by Retsel Corporation before U.S. District Judge Lawrence L. Piersol.. (Court Reporter: Carla Dedula) (VMM) (Entered: 02/03/2023)

MOTION for Attorney Melissa Dosick Riethof to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3973201) by Retsel Corporation. (Lindeman, Bradley) (Entered: 02/20/2023)

ORDER granting 37 Motion for Admission Pro Hac Vice of Attorney Melissa Dosick Riethof for Retsel Corporation, Melissa Dosick Riethof for Retsel Corporation, Melissa Dosick Riethof for Connie Uhre, Melissa Dosick Riethof for Nicholas Uhre. Signed by U.S. District Judge Lawrence L. Piersol on 02/21/2023. (VMM) (Entered: 02/21/2023)

[FILED IN ERROR] STIPULATION Regarding Electronically Stored Information and Document Production by Retsel Corporation, Connie Uhre, Nicholas Uhre. (Lindeman, Bradley) Modified on 3/17/2023 to add text (KLE). (Entered: 03/16/2023)

[FILED IN ERROR] PROPOSED ORDER by Retsel Corporation, Connie Uhre, Nicholas Uhre re 39 Stipulation (Lindeman, Bradley) Modified on 3/17/2023 to add text (KLE). (Entered: 03/16/2023)

Notice of Filing Error

NOTICE of Filing Error: 39 Stipulation, 40 Proposed Order was filed in error and should be disregarded. (Lindeman, Bradley)

Joint MOTION to Amend/Correct 14 Scheduling Order by George Bettelyoun, NDN Collective, Sunny Red Bear. (Attachments: # 1 Proposed Order (Amended Scheduling Order)) (Johnson, Brendan) (Entered: 04/03/2023)

Joint MOTION Regarding Electronically Stored Information and Document Production by Retsel Corporation, Connie Uhre, Nicholas Uhre. (Attachments: # 1 Proposed Order) (Lindeman, Bradley) (Entered: 04/03/2023)

ORDER granting 34 Motion for Protective Order. Signed by U.S. District Judge Lawrence L. Piersol on 4/17/2023. (JLS) (Entered: 04/18/2023)

PROTECTIVE ORDER. Signed by U.S. District Judge Lawrence L. Piersol on 4/11/2023. (JLS) Modified signature date on 4/19/2023 (JLS). (Entered: 04/18/2023)

ORDER granting 42 Motion Regarding Electronically Stored Information and Document Production. Signed by U.S. District Judge Lawrence L. Piersol on 4/26/2023. (JLS) (Entered: 04/26/2023)

ORDER granting 41 Motion to Amend/Correct. Discovery due by 12/15/2023. Motions due by 2/1/2024. Telephonic Pretrial Conference set for 5/20/2024 at 01:30 PM in Rapid City Courtroom 2 before U.S. District Judge Lawrence L. Piersol. Court Trial set for 6/10/2024 at 09:00 AM in Rapid City Courtroom 2 before U.S. District Judge Lawrence L. Piersol. Signed by U.S. District Judge Lawrence L. Piersol on 5/2/2023. (JLS) Modified on 5/3/2023 to add text (KLE). (Entered: 05/02/2023)

MEMORANDUM in Support re 41 Joint MOTION to Amend/Correct 14 Scheduling Order filed by Retsel Corporation, Connie Uhre, Nicholas Uhre. (Lindeman, Bradley) (Entered: 05/16/2023)

MOTION to Amend/Correct 46 Order on Motion to Amend/Correct, Modify the Scheduling Order by Retsel Corporation, Connie Uhre, Nicholas Uhre. (Attachments: # 1 Proposed Order Proposed Order to Motion to Modify Scheduling Order) (Lindeman, Bradley) (Entered: 05/16/2023)

Unopposed MOTION for Extension of Time to File Answer re 48 MOTION to Amend/Correct 46 Order on Motion to Amend/Correct, Modify the Scheduling Order by George Bettelyoun, NDN Collective, Sunny Red Bear. (Attachments: # 1 Proposed Order) (Billion, Timothy) (Entered: 06/06/2023)

OBJECTION by Plaintiffs George Bettelyoun, NDN Collective, Sunny Red Bear re 48 MOTION to Amend/Correct 46 Order on Motion to Amend/Correct, Modify the Scheduling Order (Johnson, Brendan) (Entered: 06/16/2023)

TRANSCRIPT of Proceedings re 36 Motion Hearing held on 2-3-23 before Judge Piersol. Court Reporter: Carla Dedula, Telephone number: 16053306669. 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 9/18/2023. (Dedula, Carla)ordered by the government in companion case (Entered: 06/19/2023)

MOTION for Attorney Jacalyn N. Chinander to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-4063035) by Retsel Corporation, Connie Uhre, Nicholas Uhre. (Lindeman, Bradley) (Entered: 06/28/2023)

REPLY to 50 Objection to Third Amended Scheduling Order and Motion to Modify the Scheduling Order filed by Retsel Corporation, Connie Uhre, Nicholas Uhre. (Lindeman, Bradley) (Entered: 06/30/2023)

ORDER granting 52 Motion for Admission Pro Hac Vice of Attorney Jacalyn N. Chinander for Retsel Corporation, Connie Uhre, Nicholas Uhre. Signed by U.S. District Judge Lawrence L. Piersol on 7/14/2023. (JLS) (Entered: 07/14/2023)

Unopposed MOTION to Amend/Correct 46 Order on Motion to Amend/Correct, Scheduling Order by Retsel Corporation, Connie Uhre, Nicholas Uhre. (Lindeman, Bradley) (Entered: 07/14/2023)

PROPOSED ORDER by Retsel Corporation, Connie Uhre, Nicholas Uhre re 55 Unopposed MOTION to Amend/Correct 46 Order on Motion to Amend/Correct, Scheduling Order (Lindeman, Bradley) (Entered: 07/14/2023)

FOURTH AMENDED SCHEDULING ORDER granting 55 Motion to Amend/Correct. Signed by U.S. District Judge Lawrence L. Piersol on 7/25/2023. (DJP) (Entered: 07/26/2023)

MOTION for Leave to File Third Amended Complaint by George Bettelyoun, NDN Collective, Sunny Red Bear. (Attachments: # 1 Exhibit A - Redlined Third Amended Complaint) (Johnson, Brendan) (Entered: 09/14/2023)

MEMORANDUM in Support re 58 MOTION for Leave to File Third Amended Complaint filed by George Bettelyoun, NDN Collective, Sunny Red Bear. (Johnson, Brendan) (Entered: 09/14/2023)

AFFIDAVIT in Support re 58 MOTION for Leave to File Third Amended Complaint filed by George Bettelyoun, NDN Collective, Sunny Red Bear. (Johnson, Brendan) (Entered: 09/14/2023)

RESPONSE Memorandum of Law in OPPOSITION to Motion re 58 MOTION for Leave to File Third Amended Complaint filed by Retsel Corporation, Connie Uhre, Nicholas Uhre. (Lindeman, Bradley) Modified on 10/5/2023 to add text (KLE). (Entered: 10/05/2023)

REPLY to 58 Motion for Leave to File Third Amended Complaint filed by George Bettelyoun, NDN Collective, Sunny Red Bear. (Johnson, Brendan) (Entered: 10/19/2023)

AFFIDAVIT in Support re 58 MOTION for Leave to File Third Amended Complaint filed by George Bettelyoun, NDN Collective, Sunny Red Bear. (Attachments: # 1 Exhibit 1 to Billion Declaration - Sept. 27, 2023 email) (Johnson, Brendan) (Entered: 10/19/2023)

MOTION to Compel Independent Medical Examinations of George Bettelyoun and Sunny Red Bear and Motion to Extend Defendants Expert Disclosure Deadline by Retsel Corporation, Connie Uhre, Nicholas Uhre. (Attachments: # 1 Proposed Order) (Lindeman, Bradley) (Entered: 11/08/2023)

CERTIFICATE Certification on Defendants Motion to Compel Independent Medical Examinations of George Bettelyoun and Sunny Red Bear by Retsel Corporation, Connie Uhre, Nicholas Uhre (Lindeman, Bradley) (Entered: 11/08/2023)

MEMORANDUM in Support re 64 MOTION to Compel Independent Medical Examinations of George Bettelyoun and Sunny Red Bear and Motion to Extend Defendants Expert Disclosure Deadline filed by Retsel Corporation, Connie Uhre, Nicholas Uhre. (Lindeman, Bradley) (Entered: 11/08/2023)

DECLARATION of Bradley J. Lindeman re 64 MOTION to Compel Independent Medical Examinations of George Bettelyoun and Sunny Red Bear and Motion to Extend Defendants Expert Disclosure Deadline . (Attachments: # 1 Exhibit A-Selected pages of Plaintiff George Bettelyouns Answers to Defendant Retsel Corporations Interrogatories, # 2 Exhibit B-Selected pages of Plaintiff Sunny Red Bears Answers to Nicholas Uhres Interrogatories, # 3 Exhibit C-PLACEHOLDER - Excerpts of the Confidential Deposition of George Bettelyoun, dated August 9, 2023, # 4 Exhibit D-PLACEHOLDER - Excerpts of the Confidential Deposition of Sunny Red Bear, dated August 8, 2023, # 5 Exhibit E-Communications between Melissa Riethof and Timothy Billion dated August thru October 2023, # 6 Exhibit F-CV of Dr. Michael Farnsworth) (Lindeman, Bradley) (Entered: 11/08/2023)

SEALED Document (Defendants' Memorandum of Law in Support) re 64 MOTION to Compel Independent Medical Examinations of George Bettelyoun and Sunny Red Bear and Motion to Extend Defendants Expert Disclosure Deadline. Sealed per protective order per counsel. (DJP) (Entered: 11/09/2023)

SEALED Document (Defendant's Declaration of Bradley J. Lindeman) re 64 MOTION to Compel Independent Medical Examinations of George Bettelyoun and Sunny Red Bear and Motion to Extend Defendants Expert Disclosure Deadline. (Attachments: # 1 Ex A Selected pp of Bettelyoun Answer to Retsel Ints, # 2 Ex B Selected pp of Pl Red Bear's Answers to Uhres' Ints., # 3 Ex C Excerpts of confidential depo of Bettelyoun 8-9-23, # 4 Ex D Excerpts of confidential depo of Red Bear 8-8-23, # 5 Ex E Comm between Riethof and Billion August-October 2023, # 6 Ex F CV of Dr. Michael Farnsworth) Sealed pursuant to protective order per counsel (DJP) (Entered: 11/09/2023)

CERTIFICATE OF SERVICE re 68 Sealed Memorandum, 69 Sealed Declaration (DJP) (Entered: 11/09/2023)

DECLARATION of Thad A. Titze in Support of Response Brief of Sunny Red Bear and George Bettelyoun in Opposition to Defendants' Motion to Compel Independent Medical Examinations. (Attachments: # 1 Exhibit 1 (Filed Under Seal), # 2 Exhibit 2, # 3 Exhibit 3) (Titze, Thad) (Entered: 11/29/2023)

MOTION to Seal Document by George Bettelyoun, NDN Collective, Sunny Red Bear. (Attachments: # 1 Proposed Sealed Document, # 2 Proposed Sealed Exhibit 1 to Declaration 71, # 3 Proposed Order) (MSB) (Entered: 11/30/2023)

ORDER granting 72 Motion to Seal Document. Signed by U.S. District Judge Lawrence L. Piersol on 12/4/2023. (JLS) (Entered: 12/05/2023)

SEALED Response. (Attachments: # 1 Exhibit 1 - Deposition excerpts) (JLS) (Entered: 12/05/2023)

Joint MOTION to Amend/Correct 46 Order on Motion to Amend/Correct, (Status Update and Joint Motion to Amend Scheduling Order) by George Bettelyoun, NDN Collective, Sunny Red Bear. (Johnson, Brendan) (Entered: 12/07/2023)

MEMORANDUM OPINION AND ORDER. Signed by U.S. District Judge Lawrence L. Piersol on 12/7/2023. (JLS) (Main Document 76 replaced to remove blank page on 12/8/2023). (CLR)

[FILED IN ERROR] REPLY to Motion Response re 64 MOTION to Compel Independent Medical Examinations of George Bettelyoun and Sunny Red Bear and Motion to Extend Defendants Expert Disclosure Deadline filed by Retsel Corporation, Connie Uhre, Nicholas Uhre. (Lindeman, Bradley) Modified on 12/13/2023 to add text (KLE). (Entered: 12/13/2023)

Notice of Filing Error

NOTICE of Filing Error: 77 Reply to Motion Response, was filed in error and should be disregarded. (Lindeman, Bradley)

REPLY to Motion Response re 64 MOTION to Compel Independent Medical Examinations of George Bettelyoun and Sunny Red Bear and MOTION to Extend Defendants Expert Disclosure Deadline filed by Retsel Corporation, Connie Uhre, Nicholas Uhre. (Lindeman, Bradley) Modified on 12/14/2023 to add motion (KLE). (Entered: 12/13/2023)

MOTION to Seal Reply Memorandum by All Defendants. (Attachments: # 1 Certificate of Service, # 2 Proposed Order, # 3 Proposed Sealed Document) (JLS) (Entered: 12/14/2023)

RESPONSE to 18 Answer to Amended Complaint,, Third Party Complaint,, Counterclaim, filed by George Bettelyoun, NDN Collective, Sunny Red Bear. (Johnson, Brendan) (Entered: 12/15/2023)

ORDER granting 79 Motion to Seal Document. Signed by U.S. District Judge Lawrence L. Piersol on 1/2/2024. (JLS) (Entered: 01/03/2024)

SEALED Document (Defendants' Reply Memorandum of Law in Support re 64 MOTION to Compel Independent Medical Examinations of George Bettelyoun and Sunny Red Bear and Motion to Extend Defendants Expert Disclosure Deadline) (JLS) (Entered: 01/03/2024)

MEMORANDUM AND ORDER granting 58 Motion for Leave to file Third Amended Complaint. Signed by U.S. District Judge Lawrence L. Piersol on 1/2/2024. (JLS)

Third AMENDED COMPLAINT filed by George Bettelyoun, NDN Collective, Sunny Red Bear. (Johnson, Brendan) (Entered: 01/09/2024)

MEMORANDUM AND ORDER denying 64 Motion for Independent Medical Examination. Signed by U.S. District Judge Lawrence L. Piersol on 1/16/2024. (JLS) Modified on 1/16/2024 to edit text (KLE).

Defendants' ANSWER to 84 Amended Complaint, THIRD PARTY COMPLAINT against Jane Does 1-20, John Does 1-20, ABC Corporations 1-20, COUNTERCLAIM against NDN Collective by Nicholas Uhre, Retsel Corporation, Connie Uhre. (Lindeman, Bradley) (Entered: 01/30/2024)

Joint MOTION to Amend/Correct Scheduling Order by Retsel Corporation, Connie Uhre, Nicholas Uhre. (Attachments: # 1 Proposed Order) (Lindeman, Bradley) (Entered: 02/14/2024)

[FILED IN ERROR] CLAIM Answer to Counterclaim by NDN Collective. (Johnson, Brendan) Modified on 2/20/2024 to add text (KLE). (Entered: 02/15/2024)

Notice of Filing Error

NOTICE of Filing Error: 88 Claim was filed in error and should be disregarded. (Johnson, Brendan)

(Answer to Counterclaim) ANSWER to 86 Answer to Amended Complaint,, Third Party Complaint,, Counterclaim, by NDN Collective. (Johnson, Brendan) (Entered: 02/17/2024)

ORDER denying as moot 75 Motion to Amend/Correct; granting in part and denying in part 87 Motion to Amend/Correct. Discovery due by 5/1/2024 Motions due by 5/22/2024. Telephonic Pretrial Conference set for 8/26/2024 at 1:30 PM Mountain Time/ 2:30 PM Central in Sioux Falls Courtroom 1 before U.S. District Judge Lawrence L. Piersol. Jury Trial set for 9/16/2024 at 09:00 AM in Rapid City Courtroom 1 before U.S. District Judge Lawrence L. Piersol. Signed by U.S. District Judge Lawrence L. Piersol on 3/4/2024. (JLS) (Entered: 03/04/2024)

[FILED IN ERROR] MOTION for Reconsideration of Order Dismissing Counterclaims, MOTION to Amend/Correct Counterclaims by Retsel Corporation, Nicholas Uhre. (Lindeman, Bradley) Modified on 3/26/2024 to add text and terminate motion(KLE). (Entered: 03/25/2024)

Notice of Filing Error