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

Clearinghouse coding complete

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 Ga…

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.   

Summary Authors

Michelle Landry (5/23/2022)

Related Cases

United States v. Retsel Corporation, District of South Dakota (2022)

People

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


Judge(s)

Lange, Roberto Antonio (South Dakota)

Attorney for Plaintiff

Billion, Timothy W. (South Dakota)

Johnson, Brendan V. (South Dakota)

Expert/Monitor/Master/Other

Lindeman, Bradley J. (South Dakota)

Judge(s)

Lange, Roberto Antonio (South Dakota)

Expert/Monitor/Master/Other

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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

Docket

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

Last updated March 6, 2024, 3:04 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

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
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

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
58

Leave to

Sept. 14, 2023

Sept. 14, 2023

PACER
59

Memorandum in Support of Motion

Sept. 14, 2023

Sept. 14, 2023

PACER
60

Affidavit in Support of Motion

Sept. 14, 2023

Sept. 14, 2023

PACER
61

Response to Motion

Oct. 5, 2023

Oct. 5, 2023

PACER
62

Reply

Oct. 19, 2023

Oct. 19, 2023

PACER
63

Affidavit in Support of Motion

Oct. 19, 2023

Oct. 19, 2023

PACER
64

Compel

Nov. 8, 2023

Nov. 8, 2023

PACER
65

Certificate

Nov. 8, 2023

Nov. 8, 2023

PACER
66

Memorandum in Support of Motion

Nov. 8, 2023

Nov. 8, 2023

PACER
67

Declaration

Nov. 8, 2023

Nov. 8, 2023

PACER
68

Sealed Document (COURT USE ONLY)

Nov. 9, 2023

Nov. 9, 2023

PACER
69

Sealed Document (COURT USE ONLY)

Nov. 9, 2023

Nov. 9, 2023

PACER
70

Certificate of Service

Nov. 9, 2023

Nov. 9, 2023

PACER
71

Declaration

Nov. 29, 2023

Nov. 29, 2023

PACER
72

Seal Document (COURT USE ONLY)

Nov. 30, 2023

Nov. 30, 2023

PACER
73

Order on Motion to Seal Document

Dec. 5, 2023

Dec. 5, 2023

PACER
74

Sealed Document (COURT USE ONLY)

Dec. 5, 2023

Dec. 5, 2023

PACER
75

Amend/Correct

Dec. 7, 2023

Dec. 7, 2023

PACER
76

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)

Dec. 7, 2023

Dec. 7, 2023

RECAP
77

Reply to Motion Response

Dec. 13, 2023

Dec. 13, 2023

PACER
78

Extend

Dec. 13, 2023

Dec. 13, 2023

PACER

Notice of Filing Error

Dec. 13, 2023

Dec. 13, 2023

PACER
79

Seal Document (COURT USE ONLY)

Dec. 14, 2023

Dec. 14, 2023

PACER
80

Response

Dec. 15, 2023

Dec. 15, 2023

PACER
81

Order on Motion to Seal Document

Jan. 3, 2024

Jan. 3, 2024

PACER
82

Sealed Document (COURT USE ONLY)

Jan. 3, 2024

Jan. 3, 2024

PACER
83

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)

Jan. 3, 2024

Jan. 3, 2024

RECAP
84

Amended Complaint

Jan. 9, 2024

Jan. 9, 2024

PACER
85

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).

Jan. 16, 2024

Jan. 16, 2024

RECAP
86

Answer to Amended Complaint AND Counterclaim AND Third Party Complaint (COURT USE ONLY)

Jan. 30, 2024

Jan. 30, 2024

PACER
87

Amend/Correct

Feb. 14, 2024

Feb. 14, 2024

PACER
88

Claim

Feb. 15, 2024

Feb. 15, 2024

PACER
89

Answer to Counterclaim

Feb. 17, 2024

Feb. 17, 2024

PACER

Notice of Filing Error

Feb. 17, 2024

Feb. 17, 2024

PACER
90

Order on Motion to Amend/Correct AND Order on Motion to Amend/Correct

March 4, 2024

March 4, 2024

PACER

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:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Access to public accommodations - privately owned

Discrimination-area:

Housing Sales/Rental

Discrimination-basis:

Race discrimination

Race:

American Indian/Alaskan Native

Type of Facility:

Non-government for-profit