Case: United States v. Retsel Corporation

5:22-cv-05086 | U.S. District Court for the District of South Dakota

Filed Date: Oct. 19, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about a hotel and sports bar's policy of excluding Native American customers. The Civil Rights Division of the U.S. Department of Justice (DOJ) filed suit against the Retsel Corporation and its owners on October 19, 2022, in the U.S. District Court for the District of South Dakota. The lawsuit alleged that the defendants discriminated against Native American customers through policies and practices denying Native Americans full and equal access to the Grand Gateway Hotel and the …

This is a case about a hotel and sports bar's policy of excluding Native American customers.

The Civil Rights Division of the U.S. Department of Justice (DOJ) filed suit against the Retsel Corporation and its owners on October 19, 2022, in the U.S. District Court for the District of South Dakota. The lawsuit alleged that the defendants discriminated against Native American customers through policies and practices denying Native Americans full and equal access to the Grand Gateway Hotel and the Cheers Sports Lounge and Casino, violating Title II of the Civil Rights Act of 1964. The case was assigned to District Judge Lawrence L. Piersol.

The complaint cited an email and a Facebook post by the company's president, explicitly stating that the Retsel Corporation would "no long [sic] allow any Native American on [our] property." The policy was upheld over the next several days, when two groups of Native American customers attempted to book rooms at the hotel and were refused access. The DOJ sought declarative and injunctive relief that would prohibit the defendants (and their employees, agents, and successors) from engaging in any abridgment of rights based on race. The injunction they sought would also require the defendants to remedy the effects of their past discriminatory conduct and prevent any such conduct in the future.

This litigation is still in its early stages. On December 28, 2022, the DOJ filed a joint motion to consolidate this case with NDN Collective v. Retsel Corporation for discovery purposes only. The court denied the motion on efficiency grounds, noting that there were claims and counterclaims in the NDN Collective case that stretched beyond the bounds of this case. As such, consolidation with a broader case would slow the progress of the United States's case. 2023 WL 2019311.

This case is ongoing. A joint trial on the declaratory and injunctive portions of both the United States's and NDN Collective's cases against the Retsel Corporation is set for June 10, 2024. 

Summary Authors

Christina Van Wagenen (2/4/2023)

Christina Van Wagenen (2/17/2023)

Related Cases

NDN Collective v. Retsel Corporation, District of South Dakota (2022)

Documents in the Clearinghouse

Document
1

5:22-cv-05086

Complaint

United States of America v. Retsel Corporation

Oct. 19, 2022

Oct. 19, 2022

Complaint
22

5:22-cv-05086

Memorandum and Order

Feb. 15, 2023

Feb. 15, 2023

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/65589074/united-states-v-retsel-corporation/

Last updated July 3, 2023, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed in shell case on 10/19/2022 filed by United States of America on 10/19/2022. (SLT) (Main Document 1 replaced on 10/19/2022 with corrected signatures) (SLT). (Entered: 10/19/2022)

Oct. 19, 2022

Oct. 19, 2022

Clearinghouse
2

Summons Issued as to Retsel Corporation, Connie Uhre, Nicholas Uhre. 3 Summons(es) delivered via electronic delivery to counsel.. CLERK'S NOTICE: Fed. R. Civ. P. 73 requires that all parties be notified of the opportunity to consent to have a magistrate judge conduct all proceedings in civil cases. All parties must return the signed AO85 form to the Clerk's Office before the case is reassigned to a magistrate judge. DO NOT electronically file or return the signed form to the District Judge. The AO85 form can be found by clicking here: National Forms: https://www.uscourts.gov/services-forms/forms. (SLT) (Entered: 10/19/2022)

Oct. 19, 2022

Oct. 19, 2022

PACER
3

(FILED IN ERROR) MOTION for Attorney Beth Pepper to be Admitted Pro Hac Vice (includes a request to waive the fee) by United States of America. (Ramsdell, Alison) Modified Docket Text on 10/19/2022 (DLC). (Entered: 10/19/2022)

Oct. 19, 2022

Oct. 19, 2022

PACER

Notice of Filing Error

Oct. 19, 2022

Oct. 19, 2022

PACER

NOTICE of Filing Error: 3 Motion for Admission Pro Hac Vice was filed in error and should be disregarded. (Ramsdell, Alison)

Oct. 19, 2022

Oct. 19, 2022

PACER
4

AMENDED CIVIL COVER SHEET. Related case 5:22-cv-5027 added. (SLT) (Entered: 10/24/2022)

Oct. 24, 2022

Oct. 24, 2022

PACER
5

MOTION for Attorney Beth Pepper to be Admitted by United States of America. (Ramsdell, Alison) (Entered: 10/24/2022)

Oct. 24, 2022

Oct. 24, 2022

PACER
6

RETURN OF SERVICE Executed upon Defendant Retsel Corporation on Michael C. Loos, Registered Agent (Ramsdell, Alison) (Entered: 10/24/2022)

Oct. 24, 2022

Oct. 24, 2022

PACER
7

RETURN OF SERVICE Executed upon Defendant Connie Uhre on Connie Uhre (Ramsdell, Alison) (Entered: 10/24/2022)

Oct. 24, 2022

Oct. 24, 2022

PACER
8

RETURN OF SERVICE Executed upon Defendant Nicholas Uhre on Nicholas Uhre (Ramsdell, Alison) (Entered: 10/24/2022)

Oct. 24, 2022

Oct. 24, 2022

PACER
9

ORDER granting 5 Motion for Admission of Attorney Beth Pepper for United States of America. Signed by U.S. District Judge Lawrence L. Piersol on 10/28/2022. (DJP) (Entered: 10/28/2022)

Oct. 28, 2022

Oct. 28, 2022

PACER
10

Defendants' ANSWER to Complaint with Jury Demand by All Defendants. (Lindeman, Bradley) (Entered: 11/14/2022)

Nov. 14, 2022

Nov. 14, 2022

PACER
11

ORDER for Discovery Report and Scheduling Information. Signed by U.S. District Judge Lawrence L. Piersol on 11/14/2022. (Attachments: # 1 Ltr to counsel)(DJP) (Entered: 11/14/2022)

Nov. 14, 2022

Nov. 14, 2022

PACER
12

CORPORATE Disclosure Statement by Retsel Corporation, Connie Uhre, Nicholas Uhre. (Lindeman, Bradley) (Entered: 11/21/2022)

Nov. 21, 2022

Nov. 21, 2022

PACER
13

CORPORATE Disclosure Statement by Retsel Corporation, Connie Uhre, Nicholas Uhre. (Lindeman, Bradley) (Entered: 11/21/2022)

Nov. 21, 2022

Nov. 21, 2022

PACER

NOTICE of Filing Error: 13 Corporate Disclosure Statement was filed in error and should be disregarded. (Lindeman, Bradley)

Nov. 23, 2022

Nov. 23, 2022

PACER

Notice of Filing Error

Nov. 23, 2022

Nov. 23, 2022

PACER
14

MOTION for Attorney John He to be Admitted by United States of America. (Ramsdell, Alison) (Entered: 12/12/2022)

Dec. 12, 2022

Dec. 12, 2022

PACER
15

FORM 52 REPORT of Parties Planning Meeting Joint Rule 26(f) Report by Retsel Corporation, Connie Uhre, Nicholas Uhre.(Lindeman, Bradley) (Entered: 12/14/2022)

Dec. 14, 2022

Dec. 14, 2022

PACER
16

ORDER granting 14 Motion for Admission of Attorney John He for United States of America. Signed by U.S. District Judge Lawrence L. Piersol on 12/20/2022. (MSB) (Entered: 12/21/2022)

Dec. 21, 2022

Dec. 21, 2022

PACER
17

Joint MOTION to Consolidate Cases by United States of America. (Attachments: # 1 Proposed Order) (He, John) (Entered: 12/28/2022)

1 Proposed Order

View on PACER

Dec. 28, 2022

Dec. 28, 2022

Clearinghouse
18

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. (DJP) (Entered: 01/30/2023)

Jan. 30, 2023

Jan. 30, 2023

PACER
19

Joint Motion to Enter Protective Order by Retsel Corporation, Connie Uhre, Nicholas Uhre. (Lindeman, Bradley) Modified by changing to Motion and editing Docket Text on 2/3/2023 (DLC). (Entered: 02/02/2023)

Feb. 2, 2023

Feb. 2, 2023

PACER
20

PROPOSED ORDER by Retsel Corporation, Connie Uhre, Nicholas Uhre re 19 Stipulation for Protective Order (Lindeman, Bradley) (Entered: 02/02/2023)

Feb. 2, 2023

Feb. 2, 2023

PACER
21

Motion Hearing held on 2/3/2023 re 19 MOTION for Protective Order filed by Connie Uhre, Retsel Corporation, Nicholas Uhre, 17 Joint MOTION to Consolidate Cases filed by United States of America before U.S. District Judge Lawrence L. Piersol.. (Court Reporter: Carla Dedula) (VMM) (Entered: 02/03/2023)

Feb. 3, 2023

Feb. 3, 2023

PACER
22

MEMORANDUM AND ORDER denying 17 Motion to Consolidate Cases. Signed by U.S. District Judge Lawrence L. Piersol on 2/15/2023. (DJP) (Entered: 02/15/2023)

Feb. 15, 2023

Feb. 15, 2023

Clearinghouse
23

ORDER. The Clerk's Office shall serve a copy of the Court's Memorandum and Order dated February 15, 2023, Doc. 22 in this matter, to counsel for the parties in CIV22-5027. Signed by U.S. District Judge Lawrence L. Piersol on 2/16/2023. Emailed copy of this order and Doc. 22 in this matter to all counsel in 22-5027 on 2/17/2023(DJP) (Entered: 02/17/2023)

Feb. 17, 2023

Feb. 17, 2023

PACER
24

Admission Pro Hac Vice

Feb. 20, 2023

Feb. 20, 2023

PACER
25

Order on Motion for Admission Pro Hac Vice

Feb. 21, 2023

Feb. 21, 2023

PACER
26

Discovery Report

Feb. 24, 2023

Feb. 24, 2023

PACER
27

Stipulation

March 16, 2023

March 16, 2023

PACER
28

Proposed Order

March 16, 2023

March 16, 2023

PACER

Notice of Filing Error

March 17, 2023

March 17, 2023

PACER
29

Miscellaneous Relief

March 24, 2023

March 24, 2023

PACER
30

Order on Motion for Protective Order

April 17, 2023

April 17, 2023

PACER
31

Protective Order

April 17, 2023

April 17, 2023

PACER
32

Order on Motion for Miscellaneous Relief

April 26, 2023

April 26, 2023

PACER
33

Miscellaneous Relief

April 28, 2023

April 28, 2023

PACER
34

Order on Motion for Miscellaneous Relief

May 2, 2023

May 2, 2023

PACER
35

Scheduling Order

May 2, 2023

May 2, 2023

PACER
36

Attorney Fees AND Protective Order AND Quash

June 7, 2023

June 7, 2023

PACER
37

Memorandum in Support of Motion

June 7, 2023

June 7, 2023

PACER
38

Affidavit in Support of Motion

June 7, 2023

June 7, 2023

PACER
39

Supplement

June 7, 2023

June 7, 2023

PACER
40

Request

June 7, 2023

June 7, 2023

PACER
41

Transcript

June 19, 2023

June 19, 2023

PACER
42

Admission Pro Hac Vice

June 28, 2023

June 28, 2023

PACER
43

Response to Motion

June 28, 2023

June 28, 2023

PACER
44

Declaration

June 28, 2023

June 28, 2023

PACER
45

Seal Document (COURT USE ONLY)

June 29, 2023

June 29, 2023

PACER
46

Notice of Withdrawal of Attorney

June 29, 2023

June 29, 2023

PACER
47

Response to Motion

June 29, 2023

June 29, 2023

PACER
48

Seal Document (COURT USE ONLY)

June 29, 2023

June 29, 2023

PACER

Notice of Filing Error

June 29, 2023

June 29, 2023

PACER

Case Details

State / Territory: South Dakota

Case Type(s):

Public Accommodations/Contracting

Key Dates

Filing Date: Oct. 19, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Civil Rights Division of U.S. Department of Justice

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Retsel Corporation (Rapid City), Private Entity/Person

Defendant Type(s):

Restaurant

Movie Theater or Other Entertainment facility

Case Details

Constitutional Clause(s):

Equal Protection

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

National Origin/Ethnicity:

Other