Case: NDN Collective v. Retsel Corporation

5:22-cv-05027 | U.S. District Court for the District of South Dakota

Filed Date: March 23, 2022

Case Ongoing

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Case Summary

This is a case about a hotel and bar that plaintiffs alleged refused to serve Native Americans, committing intentional race discrimination. On March 23, 2022, an individual who is Native American and NDN Collective, a non-profit that educates, funds, and organizes people "engaged in Native American issues," filed this lawsuit in the U.S. District Court for the District of South Dakota. Their case sought class action status for a class of all Native Americans who have or will visit the Grand Gateway Hotel and/or Cheers Bar, in Rapid City. Represented by a private law firm, they sued the corporation that owned the hotel and bar under 42 U.S.C. § 1981, seeking compensatory and punitive damages and an injunction. The case was assigned to Chief Judge Roberto Lange.

Section 1981 provides that all persons within the jurisdiction of the United States shall have “the same right . . . to make and enforce contracts . . . as is enjoyed by white citizens.” The complaint explained that the owner of the hotel and bar had earlier made a post on social media that said "Do [sic] to the killing . . . that took place at Grand Rapid Hotel... plus all the vandalism... We will no longer allow any Native American on property". The complaint also alleged other similarly discriminatory statements by the owner. Subsequently, the complaint alleged, the hotel denied service to the individual plaintiff, allegedly because she was Native American, and to NDN's members, for the same reason.

Not much has happened in the case; the plaintiffs filed an amended complaint (with differences not relevant to this summary) on March 24, 2022; the defendants have answered.

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Summary Authors

Michelle Landry (5/23/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/63181901/parties/ndn-collective-v-retsel-corporation/

Attorney for Plaintiff

Billion, Timothy W. (South Dakota)

Johnson, Brendan V. (South Dakota)

Expert/Monitor/Master

Lindeman, Bradley J. (South Dakota)

Attorney for Plaintiff

Billion, Timothy W. (South Dakota)

Johnson, Brendan V. (South Dakota)

Expert/Monitor/Master

Lindeman, Bradley J. (South Dakota)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 5:22-cv-05027	Complaint	March 23, 2022	March 23, 2022 Complaint
4 5:22-cv-05027	First Amended Complaint	March 24, 2022	March 24, 2022 Complaint

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/63181901/ndn-collective-v-retsel-corporation/

Last updated Aug. 28, 2023, 3:09 a.m.

ECF Number	Description	Date	Link Date / Link
1	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)	March 23, 2022	March 23, 2022 Clearinghouse
2	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)	March 23, 2022	March 23, 2022 PACER
3	CORPORATE Disclosure Statement by NDN Collective, Sunny Red Bear. (Johnson, Brendan) (Entered: 03/23/2022)	March 23, 2022	March 23, 2022 PACER
4	First AMENDED COMPLAINT . (Johnson, Brendan) (Entered: 03/24/2022)	March 24, 2022	March 24, 2022 Clearinghouse
5	REQUEST FOR ISSUANCE OF AMENDED SUMMONS(ES) by NDN Collective, Sunny Red Bear. (Johnson, Brendan) (Entered: 03/24/2022)	March 24, 2022	March 24, 2022 PACER
6	Summons Reissued as to All Defendants. (DLC) (Entered: 03/25/2022)	March 25, 2022	March 25, 2022 PACER
7	RETURN OF SERVICE Executed upon Defendant Retsel Corporation on 3/25/2022 (Billion, Timothy) (Entered: 04/04/2022)	April 4, 2022	April 4, 2022 PACER
8	RETURN OF SERVICE Executed upon Defendant Nicholas Uhre on 3/25/2022 (Billion, Timothy) (Entered: 04/04/2022)	April 4, 2022	April 4, 2022 PACER
9	Joint and Separate ANSWER to 4 Amended Complaint by All Defendants. (Lindeman, Bradley) (Entered: 04/15/2022)	April 15, 2022	April 15, 2022 PACER
10	CORPORATE Disclosure Statement by Retsel Corporation. (Lindeman, Bradley) (Entered: 04/15/2022)	April 15, 2022	April 15, 2022 PACER
11	ORDER for Discovery Report and Scheduling Information. Signed by Chief Judge Roberto A. Lange on 4/18/2022. (CLR) (Entered: 04/18/2022)	April 18, 2022	April 18, 2022 PACER
12	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)	May 6, 2022	May 6, 2022 PACER
13	Discovery Report Joint Rule 26(f) Report by NDN Collective, Sunny Red Bear.(Billion, Timothy) (Entered: 05/24/2022)	May 24, 2022	May 24, 2022 PACER
14	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)	May 25, 2022	May 25, 2022 PACER
15	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)	Aug. 1, 2022	Aug. 1, 2022 PACER
16	ORDER granting 15 Motion to Amend/Correct Complaint. Signed by Chief Judge Roberto A. Lange on 8/3/2022. (CLR) (Entered: 08/03/2022)	Aug. 3, 2022	Aug. 3, 2022 PACER
17	Second AMENDED COMPLAINT . (Johnson, Brendan) (Entered: 08/03/2022)	Aug. 3, 2022	Aug. 3, 2022 PACER
18	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)	Aug. 17, 2022	Aug. 17, 2022 RECAP
19	NOTICE of Extension of Time to Answer or Otherwise Respond by George Bettelyoun, NDN Collective, Sunny Red Bear . (Johnson, Brendan) (Entered: 08/31/2022)	Aug. 31, 2022	Aug. 31, 2022 PACER
20	MOTION to DISMISS by NDN Collective. (Johnson, Brendan) (Entered: 09/28/2022)	Sept. 28, 2022	Sept. 28, 2022 PACER
21	MEMORANDUM in Support re 20 MOTION to DISMISS filed by NDN Collective. (Johnson, Brendan) (Entered: 09/28/2022)	Sept. 28, 2022	Sept. 28, 2022 PACER
22	[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)	Oct. 18, 2022	Oct. 18, 2022 PACER
23	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)	Oct. 18, 2022	Oct. 18, 2022 PACER
	NOTICE of Filing Error: 22 Response to Motion was filed in error and should be disregarded. (Lindeman, Bradley)	Oct. 18, 2022	Oct. 18, 2022 PACER
	Notice of Filing Error	Oct. 18, 2022	Oct. 18, 2022 PACER
24	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)	Oct. 19, 2022	Oct. 19, 2022 PACER
25	NOTICE of Appearance by Thad Andrew Titze on behalf of NDN Collective, Sunny Red Bear. (Titze, Thad) (Entered: 11/01/2022)	Nov. 1, 2022	Nov. 1, 2022 PACER
26	MEMORANDUM in Opposition re 20 MOTION to DISMISS Counterclaims filed by Retsel Corporation, Connie Uhre, Nicholas Uhre. (Lindeman, Bradley) (Entered: 11/16/2022)	Nov. 16, 2022	Nov. 16, 2022 PACER
27	Amend/Correct	Nov. 21, 2022	Nov. 21, 2022 PACER
28	Order on Motion to Amend/Correct	Nov. 22, 2022	Nov. 22, 2022 PACER
29	Reply	Dec. 14, 2022	Dec. 14, 2022 PACER
30	Affidavit in Support of Motion	Dec. 14, 2022	Dec. 14, 2022 PACER
31	Order Reassigning Case	Dec. 15, 2022	Dec. 15, 2022 PACER
32	Notice	Jan. 11, 2023	Jan. 11, 2023 PACER
33	Scheduling Order	Jan. 30, 2023	Jan. 30, 2023 PACER
34	Protective Order	Feb. 2, 2023	Feb. 2, 2023 PACER
35	Proposed Order	Feb. 2, 2023	Feb. 2, 2023 PACER
36	Motion Hearing	Feb. 3, 2023	Feb. 3, 2023 PACER
37	Admission Pro Hac Vice	Feb. 20, 2023	Feb. 20, 2023 PACER
38	Order on Motion for Admission Pro Hac Vice	Feb. 21, 2023	Feb. 21, 2023 PACER
39	Stipulation	March 16, 2023	March 16, 2023 PACER
40	Proposed Order	March 16, 2023	March 16, 2023 PACER
	Notice of Filing Error	March 17, 2023	March 17, 2023 PACER
41	Amend/Correct	April 3, 2023	April 3, 2023 PACER
42	Miscellaneous Relief	April 3, 2023	April 3, 2023 PACER
43	Order on Motion for Protective Order	April 18, 2023	April 18, 2023 PACER
44	Protective Order	April 18, 2023	April 18, 2023 PACER
45	Order on Motion for Miscellaneous Relief	April 26, 2023	April 26, 2023 PACER
46	Order on Motion to Amend/Correct	May 2, 2023	May 2, 2023 PACER
47	Memorandum in Support of Motion	May 16, 2023	May 16, 2023 PACER
48	Amend/Correct	May 16, 2023	May 16, 2023 PACER
49	Extension of Time to File Answer	June 6, 2023	June 6, 2023 PACER
50	Objection	June 16, 2023	June 16, 2023 PACER
51	Transcript	June 19, 2023	June 19, 2023 PACER
52	Admission Pro Hac Vice	June 28, 2023	June 28, 2023 PACER
53	Reply	June 30, 2023	June 30, 2023 PACER
54	Order on Motion for Admission Pro Hac Vice	July 14, 2023	July 14, 2023 PACER
55	Amend/Correct	July 14, 2023	July 14, 2023 PACER
56	Proposed Order	July 14, 2023	July 14, 2023 PACER
57	Order on Motion to Amend/Correct	July 26, 2023	July 26, 2023 PACER

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Case Details

State / Territory: South Dakota

Case Type(s):

Public Accommodations/Contracting

Key Dates

Filing Date: March 23, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

There are two plaintiffs. NDN Collective is a non-profit organization organizing those engaged in Native American issues. In addition, there is an individual Native American plaintiff. They bring this lawsuit on behalf of themselves and of All Native Americans who have or will visit the Grand Gateway Hotel and/or Cheers Bar.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Retsel Corporation (Rapid City), Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1981

Available Documents: