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)

People

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

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

Resources

Docket

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

Last updated May 23, 2022, 9:42 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

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

Availably 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