Case: Rosebud Sioux Tribe v. Barnett

5:20-cv-05058 | U.S. District Court for the District of South Dakota

Filed Date: Sept. 16, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

On September 16, 2020, the Rosebud Sioux Tribe and their members, the Oglal Sioux Tribe and their members, and Four Directions Inc., an organization that fights for Native American voting rights filed suit in the United States District Court, District of South Dakota, Western Division. The Plaintiffs filed the action against Steve Barnett, Secretary of State of South Dakota and chairperson of its board of elections, Laurie Gill, Secretary of South Dakota's Department of Social Services, Marcia …

On September 16, 2020, the Rosebud Sioux Tribe and their members, the Oglal Sioux Tribe and their members, and Four Directions Inc., an organization that fights for Native American voting rights filed suit in the United States District Court, District of South Dakota, Western Division. The Plaintiffs filed the action against Steve Barnett, Secretary of State of South Dakota and chairperson of its board of elections, Laurie Gill, Secretary of South Dakota's Department of Social Services, Marcia Hultman, Secretary of South Dakota's Department of Labor and Regulation, and Craig Price, the Secretary of South Dakota's Department of Public Safety. 

Plaintiffs alleged multiple violations of the National Voting Rights Act (52 USC 20501) and sought declaratory and injunctive relief for violations of the "Motor Voter" and agency-based voter registration requirements of the NVRA. Plaintiffs cited the NVRA and argued that agencies must provide voter registration services when a person applies for or renews public assistance benefits, a driver's license, or when an individual notifies a public assistance agency or the Department of Public Safety of changes in an address. Prior to filing the lawsuit, Plaintiffs sent a letter to Defendants, listing numerous examples of NVRA violations. While Defendants responded to the letter, they failed to propose any solutions for changing South Dakota's voting rights practices.

Plaintiffs' Complaint contained two cause of actions. The first cause of action was a violation of Section 5 of the NVRA against Defendants Barnett and Price, the Secretary of State and the Department of Public Safety, respectively. Section 5 requires motor vehicle agencies to provide voter registration services to citizens whenever they change their addresses or apply for a driver's license, regardless of whether they have a social security number or a state driver's license. Plaintiffs' second cause of action was a violation of Section 7 of the NVRA against Defendants Barnett, Gill, and Hultman, the Secretary of State, Secretary of the Department of Social Services, and the Secretary of the Department of Labor. Plaintiffs additionally stated that the agencies failed to provide voter registration forms despite an obligation to do so. This case was assigned to Judge Lawrence L. Piersol.

On November 27, 2020, Defendants filed their answer denying Plaintiffs' allegations. On February 22, 2021, Plaintiff Four Directions Inc. dismissed its claims by stipulation. Ultimately, Plaintiffs filed an Amended Complaint on August 10, 2021, replacing Four Directions Inc. with the Lakota People's Law Project as plaintiff and added individuals Kimberly Dillon and Hoksila White Mountain as plaintiffs, keeping their two causes of action the same.

On February 9, 2022, after the parties exchanged considerable discovery, Defendants filed a motion to dismiss the amended complaint for failure to state a claim. Defendants also argued that the Lakota's People's Law Project, named plaintiff, and Hoksila White Mountain lacked standing to bring this lawsuit pursuant to the Constitution and the NVRA. Also, on February 9, 2022, Plaintiffs moved for summary judgment on their causes of action.

Prior to the court ruling on either of the two motions, the parties attended a settlement conference before Magistrate Judge Daneta Wollmann on February 18, 2022. The parties were unable to reach a settlement at the conference, though settlement negotiations remained ongoing.

On May 17, 2022, the Court filed its order denying Defendants' motion to dismiss. 603 F.Supp.3d 783. The Court declared that the Rosebud Sioux Tribe and the Oglala Sioux Tribe had standing under Article III of the Constitution because the tribes are sovereign nations with substantial populations, seeking to vindicate the voting rights of its members. The Court found that the Tribes' proper standing allows the lawsuit to proceed, regardless of the standing of any of the other parties. Nevertheless, the Court analyzed the standing of the other parties. The Order further stated that Kimberly Dillon and Hoksila White Mountain both properly alleged that their injuries were caused by South Dakota and if their injuries were proven they would be redressed by the State to comply with the NVRA. The Order also stated that Plaintiffs Dillon, White Mountain, and the Lakota People's Law Project possessed standing under the NVRA as well. The facts in the lawsuit showed that there was sufficient notice provided to South Dakota via the letter dated May 20,2020, as the letter provided the proper information to the government agencies handling voter registration in order for the agencies to address deficiencies. Plaintiffs Dillon, White Mountain, and Lakota People's Law Project qualified as persons aggrieved by the State's alleged actions. Additional notice from the new Plaintiffs added in the Amended Complaint would be futile because the the original Plaintiffs (the Reosebud and Oglala Sioux tribes) have already engaged with Defendants for about two years at the time of the Order. All NVRA notice requirements had been fulfilled and standing was proper. Therefore, the motion to dismiss had been denied.

On May 26, 2022, the Court issued a ruling on the summary judgment motion. 604 F.Supp.3d 827. The Court ruled on the causes of action separately for each Defendant. Regarding the Department of Public Safety, the Court granted summary judgment on the claim that the NVRA mandates that a voter's change of address form serve as a change of address for voter registration purposes. The Court also granted Summary Judgment on Plaintiff's claim that The Department of Public Safety's method of addressing voter registration failed to comply. Additionally, the Court granted summary judgment for DPS' failure to forward voter registrations to election officials and for the fact that DPS failed to monitor its own compliance with the NVRA.

Regarding the Department of Social Services (DSS), the Court granted summary judgment to Plaintiffs for DSS' failure to provide voter registration forms to prospective voters unless that person declines in writing to register to vote, upholding an opt out voting form, rather than an opt in form. The Court also granted summary judgment on the issue of DSS' failure to provide assistance to prospective voters with change of address forms. DSS also failed to comply by not forwarding voter registration forms to election officials, and by failing to adequately supervise the process. Plaintiffs' motion was denied, however, regarding the issue of whether DSS provided assistance to individuals when they filled out voter registration forms due to multiple issues of fact.

The Court denied summary judgment for the Department of Labor and Regulation (DLR) because the DLR had not been designated as a voter registration agency. Finally, regarding the Secretary of State, the Court granted summary judgment on the claim that the Secretary of State failed to provide adequate training to public assistance agencies to ensure that the agencies complied with the NVRA. It also found that the Secretary's past failure to provide correct voter registration to agencies violated the NVRA and that the Secretary did not provide proper oversight to the agencies, granting summary judgment on both issues.

The court granted multiple joint motions by the parties while settlement negotiations were ongoing.

Another settlement conference was held on August 23, 2022 before the magistrate judge. On September 12, 2022, the parties filed the Settlement Agreement. The Settlement stated that the Secretary of State would continue to designate an NVRA coordinator to oversee compliance with Sections 5 and 7 of the NVRA. The agreement called for extensive trainings of employees regarding NVRA requirements. It also included similar terms for the rest of the Defendants, requiring them to train their employees and edit their application forms to reflect appropriate NVRA voter registration language and questions. Per the terms of the agreement, Defendants agreed to pay $625,000 in attorneys' fees and costs and monitoring of the implementation of the settlement was set for three years.

Monitoring remains ongoing. 

Summary Authors

Vyacheslav Kashuk (11/23/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18443226/parties/rosebud-sioux-tribe-v-barnett/


Judge(s)
Attorney for Plaintiff

DeLeon, Jacqueline D. (South Dakota)

Galindo, Miranda (South Dakota)

Gottschalk, Kim J. (South Dakota)

Attorney for Defendant

Flynn, Grant M. (South Dakota)

Katz, Clifton E. (South Dakota)

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Documents in the Clearinghouse

Document
5

5:20-cv-05058

Motion for Admission Pro Hac Vice

Oct. 6, 2020

Oct. 6, 2020

Pleading / Motion / Brief
3

5:20-cv-05058

Motion for Admission Pro Hac Vice

Oct. 6, 2020

Oct. 6, 2020

Pleading / Motion / Brief
4

5:20-cv-05058

Motion for Admission Pro Hac Vice

Oct. 6, 2020

Oct. 6, 2020

Pleading / Motion / Brief
6

5:20-cv-05058

Motion for Admission Pro Hac Vice

Oct. 6, 2020

Oct. 6, 2020

Pleading / Motion / Brief
25

5:20-cv-05058

Answer

Nov. 19, 2020

Nov. 19, 2020

Pleading / Motion / Brief
42

5:20-cv-05058

Notice of Withdrawal of Counsel

Aug. 2, 2021

Aug. 2, 2021

Other
43

5:20-cv-05058

Order

Aug. 4, 2021

Aug. 4, 2021

Order/Opinion
47

5:20-cv-05058

Answer to Amended Complaint

Aug. 24, 2021

Aug. 24, 2021

Pleading / Motion / Brief
94

5:20-cv-05058

Defendants' Response to Plaintiffs' Statement of Undisputed Material Facts

March 16, 2022

March 16, 2022

Pleading / Motion / Brief
115

5:20-cv-05058

Memorandum and Order

May 17, 2022

May 17, 2022

Order/Opinion

603 F.Supp.3d 603

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18443226/rosebud-sioux-tribe-v-barnett/

Last updated March 6, 2024, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT, $400.00 fee paid, receipt# 0869-3393121, in shell case on 09/16/2020 filed by Rosebud Sioux Tribe, Oglala Sioux Tribe, Four Directions, Inc. (Attachments: # 1 Exhibit 1 - May 20, 2020 Letter to SOS, # 2 Exhibit 2 - Power Point) (MSB) (Main Document 1 replaced to fix page order of Civil Coversheet on 9/17/2020) (MSB). (Entered: 09/16/2020)

Sept. 16, 2020

Sept. 16, 2020

PACER
2

Summons Issued as to Steve Barnett, Laurie Gill, Marcia Hultman, Craig Price. 4 Summons(es), a Rule 73 Memo, and AO 85s for each party delivered to plaintiff's counsel via electronic delivery. (Attachments: # 1 Barnett Summons Issued, # 2 Gill Summons Issued, # 3 Hultman Summons Issued, # 4 Price Summons Issued, # 5 AO85)(MSB) (Entered: 09/16/2020)

Sept. 16, 2020

Sept. 16, 2020

PACER
3

MOTION for Attorney Brenda Wright to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869-3406027) by Four Directions, Inc., Oglala Sioux Tribe, Rosebud Sioux Tribe. (Pechota, Terry) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

Clearinghouse
4

MOTION for Attorney Miranda Galindo to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869-3406034) by Four Directions, Inc., Oglala Sioux Tribe, Rosebud Sioux Tribe. (Pechota, Terry) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

Clearinghouse
5

MOTION for Attorney Jacqueline DeLeon to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869-3406250) by Four Directions, Inc., Oglala Sioux Tribe, Rosebud Sioux Tribe. (Pechota, Terry) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

Clearinghouse
6

MOTION for Attorney Kim Gottschalk to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869-3406260) by Four Directions, Inc., Oglala Sioux Tribe, Rosebud Sioux Tribe. (Pechota, Terry) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

Clearinghouse
7

ORDER granting 3 Motion for Admission Pro Hac Vice of Brenda Wright for Four Directions, Inc.,Oglala Sioux Tribe and Rosebud Sioux Tribe. Signed by U.S. District Judge Lawrence L. Piersol on 10/07/2020. (MSB) Modified docket text on 10/7/2020 (MSB). (Entered: 10/07/2020)

Oct. 7, 2020

Oct. 7, 2020

PACER
8

ORDER granting 4 Motion for Admission Pro Hac Vice of Miranda Galindo for Four Directions, Inc.,Oglala Sioux Tribe and Rosebud Sioux Tribe. . Signed by U.S. District Judge Lawrence L. Piersol on 10/07/2020. (MSB) Modified docket text on 10/7/2020 (MSB). (Entered: 10/07/2020)

Oct. 7, 2020

Oct. 7, 2020

PACER
9

ORDER granting 5 Motion for Admission Pro Hac Vice of Attorney Jacqueline D. DeLeon for Four Directions, Inc., Oglala Sioux Tribe and Rosebud Sioux Tribe. Signed by U.S. District Judge Lawrence L. Piersol on 10/07/2020. (MSB) (Entered: 10/07/2020)

Oct. 7, 2020

Oct. 7, 2020

PACER
10

ORDER granting 6 Motion for Admission Pro Hac Vice of Attorney Kim J. Gottschalk for Four Directions, Inc., Oglala Sioux Tribe and Rosebud Sioux Tribe. Signed by U.S. District Judge Lawrence L. Piersol on 10/08/2020. (MSB) (Entered: 10/07/2020)

Oct. 7, 2020

Oct. 7, 2020

PACER
11

MOTION for Attorney Natalie Landreth to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869-3410749) by Four Directions, Inc., Oglala Sioux Tribe, Rosebud Sioux Tribe. (Pechota, Terry) (Entered: 10/14/2020)

Oct. 14, 2020

Oct. 14, 2020

RECAP
12

ORDER granting 11 Motion for Admission Pro Hac Vice of Natalie Landreth. Signed by U.S. District Judge Lawrence L. Piersol on 10/14/2020. (MSB) (Entered: 10/14/2020)

Oct. 14, 2020

Oct. 14, 2020

PACER
13

RETURN OF SERVICE Executed upon Defendant Steve Barnett on Steve Barnett (Pechota, Terry) (Entered: 10/20/2020)

Oct. 20, 2020

Oct. 20, 2020

PACER
14

RETURN OF SERVICE Executed upon Defendant Craig Price on Craig Price (Pechota, Terry) (Entered: 10/20/2020)

Oct. 20, 2020

Oct. 20, 2020

PACER
15

RETURN OF SERVICE Executed upon Defendant Laurie Gill on Laurie Gill (Pechota, Terry) (Entered: 10/20/2020)

Oct. 20, 2020

Oct. 20, 2020

PACER
16

RETURN OF SERVICE Executed upon Defendant Marcia Hultman on Marcia Hultman (Pechota, Terry) (Entered: 10/20/2020)

Oct. 20, 2020

Oct. 20, 2020

PACER
17

NOTICE of Appearance by Grant M. Flynn on behalf of Steve Barnett, Laurie Gill, Marcia Hultman, Craig Price. (Flynn, Grant) (Entered: 10/21/2020)

Oct. 21, 2020

Oct. 21, 2020

PACER
18

MOTION for Extension of Time to File Answer re 1 Complaint, by Steve Barnett, Laurie Gill, Marcia Hultman, Craig Price. (Flynn, Grant) (Entered: 10/21/2020)

Oct. 21, 2020

Oct. 21, 2020

PACER
19

MEMORANDUM in Support re 18 MOTION for Extension of Time to File Answer re 1 Complaint, filed by Steve Barnett, Laurie Gill, Marcia Hultman, Craig Price. (Flynn, Grant) (Entered: 10/21/2020)

Oct. 21, 2020

Oct. 21, 2020

PACER
20

REQUEST FOR ISSUANCE OF SUMMONS(ES) by Four Directions, Inc., Oglala Sioux Tribe, Rosebud Sioux Tribe. (Pechota, Terry) (Entered: 10/26/2020)

Oct. 26, 2020

Oct. 26, 2020

PACER
21

Summons Issued as to Jason Ravnsborg, Kristi Noem. 2 Summons(es) delivered to plaintiff's counsel via electronic delivery. (SLW) (Entered: 10/26/2020)

Oct. 26, 2020

Oct. 26, 2020

PACER
22

STIPULATION AND JOINT MOTION FOR EXTENSION OF TIME by Steve Barnett, Laurie Gill, Marcia Hultman, Craig Price. (Flynn, Grant) Modified event to motion on 10/30/2020 (SLW). (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

PACER
23

ORDER granting 22 STIPULATION AND JOINT MOTION FOR EXTENSION OF TIME. Signed by U.S. District Judge Lawrence L. Piersol on 11/02/2020. (MSB) (Entered: 11/02/2020)

Nov. 2, 2020

Nov. 2, 2020

PACER
24

RETURN OF SERVICE as to Steve Barnett served on Governor Kristi Noem. (Pechota, Terry) (Entered: 11/09/2020)

Nov. 9, 2020

Nov. 9, 2020

PACER
25

ANSWER to 1 Complaint, with Jury Demand by Steve Barnett, Laurie Gill, Marcia Hultman, Craig Price. (Flynn, Grant) (Entered: 11/19/2020)

Nov. 19, 2020

Nov. 19, 2020

Clearinghouse
26

ORDER for Discovery Report and Scheduling Information. Signed by U.S. District Judge Lawrence L. Piersol on 11/23/2020. (Attachments: # 1 Letter to Counsel)(MSB) (Entered: 11/23/2020)

Nov. 23, 2020

Nov. 23, 2020

PACER
27

Filed in error: Notice of Withdrawal and Substitution of Attorney as to Four Directions, Inc.. Attorney Terry L. Pechota added. Attorney Miranda Galindo terminated. (Pechota, Terry) Modified on 12/2/2020 (SLW). (Entered: 11/27/2020)

Nov. 27, 2020

Nov. 27, 2020

PACER

NOTICE of Filing Error: 27 Notice of Withdrawal and Substitution of Attorney was filed in error and should be disregarded. (Pechota, Terry)

Nov. 30, 2020

Nov. 30, 2020

PACER

Notice of Filing Error

Nov. 30, 2020

Nov. 30, 2020

PACER
28

Joint MOTION to Extend Deadlines regarding ECF No. 26 and Certificate of Service by Four Directions, Inc., Oglala Sioux Tribe, Rosebud Sioux Tribe. (Pechota, Terry) (Entered: 12/11/2020)

Dec. 11, 2020

Dec. 11, 2020

PACER
29

ORDER granting 28 Joint MOTION to Extend Deadlines re Rule 26(f) Report. Signed by U.S. District Judge Lawrence L. Piersol on 12/18/2020. (MSB) (Entered: 12/18/2020)

Dec. 18, 2020

Dec. 18, 2020

PACER
30

Discovery Report by Four Directions, Inc., Oglala Sioux Tribe, Rosebud Sioux Tribe.(Pechota, Terry) (Entered: 01/22/2021)

Jan. 22, 2021

Jan. 22, 2021

PACER
31

STIPULATION of Dismissal of Plaintiff Four Directions' Claim Under Rule 41 by Four Directions, Inc., Oglala Sioux Tribe, Rosebud Sioux Tribe (Pechota, Terry) (Entered: 02/22/2021)

Feb. 22, 2021

Feb. 22, 2021

PACER
32

RULE 16 SCHEDULING ORDER: Discovery due by 9/15/2021. Motions due by 11/1/2021. Pretrial Conference set for 6/20/2022 at 10:00 AM in Rapid City Courtroom 2 - Room 236* before U.S. District Judge Lawrence L. Piersol. Court Trial set for 7/12/2022 at 09:00 AM in Rapid City Courtroom 2 - Room 236* before U.S. District Judge Lawrence L. Piersol. Signed by U.S. District Judge Lawrence L. Piersol on 2/23/2021. (JLS) (Entered: 02/23/2021)

Feb. 23, 2021

Feb. 23, 2021

PACER
33

NOTICE of Appearance by Clifton E. Katz on behalf of Steve Barnett, Laurie Gill, Marcia Hultman, Craig Price. (Katz, Clifton) (Entered: 06/30/2021)

June 30, 2021

June 30, 2021

PACER
34

MOTION for Attorney Samantha B. Kelty to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3581451) by Four Directions, Inc., Oglala Sioux Tribe, Rosebud Sioux Tribe. (Pechota, Terry) (Entered: 07/08/2021)

July 8, 2021

July 8, 2021

RECAP
35

Notice of Withdrawal and Substitution of Attorney as to Four Directions, Inc., Oglala Sioux Tribe, Rosebud Sioux Tribe. Attorney Terry L. Pechota added. Attorney Natalie Landreth terminated. (Attachments: # 1 Attachment Certificate By Substituted Counsel)(Pechota, Terry) (Entered: 07/08/2021)

1 Attachment Certificate By Substituted Counsel

View on PACER

July 8, 2021

July 8, 2021

PACER
36

FILED IN ERORR - MOTION for Leave to To File Amended Complaint by Four Directions, Inc., Oglala Sioux Tribe, Rosebud Sioux Tribe. (Attachments: # 1 Attachment Proposed Amended Complaint with Changes, # 2 Exhibit Proposed Exhibit A-Correspondence, # 3 Exhibit Proposed Exhibit B-Voter Registration) (Pechota, Terry) Modified on 7/9/2021 (SKK). (Entered: 07/08/2021)

July 8, 2021

July 8, 2021

PACER

NOTICE of Filing Error: 36 Motion for Leave to, was filed in error and should be disregarded. (Pechota, Terry)

July 8, 2021

July 8, 2021

PACER
37

MOTION for Leave to To File Amended Complaint by Four Directions, Inc., Oglala Sioux Tribe, Rosebud Sioux Tribe. (Attachments: # 1 Attachment Proposed Amended Complaint with Changes, # 2 Exhibit Proposed Exhibit A- Correspondence, # 3 Exhibit Proposed Exhibit B-Voter Registration) (Pechota, Terry) (Entered: 07/08/2021)

1 Attachment Proposed Amended Complaint with Changes

View on PACER

2 Exhibit Proposed Exhibit A- Correspondence

View on PACER

3 Exhibit Proposed Exhibit B-Voter Registration

View on PACER

July 8, 2021

July 8, 2021

PACER

Notice of Filing Error

July 8, 2021

July 8, 2021

PACER
38

ORDER granting 34 Motion for Admission Pro Hac Vice of Attorney Samantha B. Kelty for Four Directions, Inc., Oglala Sioux Tribe, and Rosebud Sioux Tribe. Signed by U.S. District Judge Lawrence L. Piersol on 07/12/2021. (KLE) (Entered: 07/12/2021)

July 12, 2021

July 12, 2021

RECAP
39

(FILED IN ERROR) MOTION for Attorney Adam Lioz to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3594693) by Four Directions, Inc., Oglala Sioux Tribe, Rosebud Sioux Tribe. (Pechota, Terry) Modified on 7/28/2021 (MSB). (Entered: 07/27/2021)

July 27, 2021

July 27, 2021

PACER

NOTICE of Filing Error: 39 Motion for Admission Pro Hac Vice was filed in error and should be disregarded. (Pechota, Terry)

July 27, 2021

July 27, 2021

PACER
40

MOTION for Attorney Adam Lioz to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3594693) by Four Directions, Inc., Oglala Sioux Tribe, Rosebud Sioux Tribe. (Pechota, Terry) Modified docket text on 7/28/2021 (MSB). (Entered: 07/27/2021)

July 27, 2021

July 27, 2021

RECAP

Notice of Filing Error

July 27, 2021

July 27, 2021

PACER
41

ORDER granting 40 Motion for Admission Pro Hac Vice of Attorney Adam Lioz for Oglala Sioux Tribe,Adam Lioz for Rosebud Sioux Tribe. Signed by U.S. District Judge Lawrence L. Piersol on 7/28/21. (TAL) (Entered: 07/28/2021)

July 28, 2021

July 28, 2021

RECAP
42

Notice of Withdrawal of Attorney by Steve Barnett, Laurie Gill, Marcia Hultman, Craig Price. Attorney Grant M. Flynn terminated. (Flynn, Grant) (Entered: 08/02/2021)

Aug. 2, 2021

Aug. 2, 2021

Clearinghouse
43

ORDER granting 37 Motion for Leave to Amend Complaint. Signed by U.S. District Judge Lawrence L. Piersol on 08/04/2021. (KLE) (Entered: 08/04/2021)

Aug. 4, 2021

Aug. 4, 2021

Clearinghouse
44

AMENDED COMPLAINT . (Attachments: # 1 Exhibit Correspondence, # 2 Exhibit Voter Registration) (Pechota, Terry) (Entered: 08/10/2021)

1 Exhibit Correspondence

View on RECAP

2 Exhibit Voter Registration

View on RECAP

Aug. 10, 2021

Aug. 10, 2021

RECAP
45

Joint MOTION to Extend Deadlines Discovery and Dispositive by Four Directions, Inc., Oglala Sioux Tribe, Rosebud Sioux Tribe. (Pechota, Terry) (Entered: 08/12/2021)

Aug. 12, 2021

Aug. 12, 2021

RECAP
46

ORDER granting 45 Motion to Extend Deadlines. Discovery due by 10/15/2021 Motions due by 12/1/2021. Pretrial Conference set for 6/20/2022 at 10:00 AM in Rapid City Courtroom 2 - Room 236 before U.S. District Judge Lawrence L. Piersol. Court Trial set for 7/12/2022 at 09:00 AM in Rapid City Courtroom 1 - Room 301 before U.S. District Judge Lawrence L. Piersol.. Signed by U.S. District Judge Lawrence L. Piersol on 8/16/21. (TAL) (Entered: 08/17/2021)

Aug. 17, 2021

Aug. 17, 2021

PACER
47

ANSWER to 44 Amended Complaint by All Defendants. (Katz, Clifton) (Entered: 08/24/2021)

Aug. 24, 2021

Aug. 24, 2021

Clearinghouse
48

MOTION for Attorney Joseph Wardenski to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3619481) by Four Directions, Inc., Oglala Sioux Tribe, Rosebud Sioux Tribe. (Attachments: # 1 Attachment Certificate of Good Standing) (Pechota, Terry) (Entered: 08/30/2021)

1 Attachment Certificate of Good Standing

View on PACER

Aug. 30, 2021

Aug. 30, 2021

PACER
49

ORDER granting 48 Motion for Admission Pro Hac Vice of Joseph J. Wardenski. Signed by U.S. District Judge Lawrence L. Piersol on 08/31/2021. (KLE) (Entered: 08/31/2021)

Aug. 31, 2021

Aug. 31, 2021

PACER
50

NOTICE by Oglala Sioux Tribe, Rosebud Sioux Tribe of Change of Firm Name. (Pechota, Terry) (Entered: 09/21/2021)

Sept. 21, 2021

Sept. 21, 2021

RECAP
51

FILED IN ERROR - MOTION to Withdraw as Attorney Adam Lioz by Four Directions, Inc., Oglala Sioux Tribe, Rosebud Sioux Tribe. (Pechota, Terry) Modified on 9/22/2021 (SKK). (Entered: 09/21/2021)

Sept. 21, 2021

Sept. 21, 2021

RECAP

NOTICE of Filing Error: 51 Motion to Withdraw as Attorney was filed in error and should be disregarded. (Pechota, Terry)

Sept. 21, 2021

Sept. 21, 2021

PACER
52

MOTION to Withdraw as Attorney Adam Lioz by Four Directions, Inc., Oglala Sioux Tribe, Rosebud Sioux Tribe. (Pechota, Terry) (Entered: 09/21/2021)

Sept. 21, 2021

Sept. 21, 2021

RECAP
53

ORDER granting 52 Motion to Withdraw as Attorney. Attorney Adam Lioz terminated. Signed by U.S. District Judge Lawrence L. Piersol on 9/21/21. (TAL) (Entered: 09/21/2021)

Sept. 21, 2021

Sept. 21, 2021

RECAP

Notice of Filing Error

Sept. 21, 2021

Sept. 21, 2021

PACER
54

Joint MOTION to Amend/Correct 46 Order on Motion to Extend Deadlines, by Four Directions, Inc., Oglala Sioux Tribe, Rosebud Sioux Tribe. (Pechota, Terry) (Entered: 10/14/2021)

Oct. 14, 2021

Oct. 14, 2021

PACER
55

SCHEDULING ORDER: Discovery due by 11/15/2021, Motions due by 12/16/2021. Pretrial Conference set for 6/20/2022 at 10:00 AM in Rapid City Courtroom 1 - Room 301 before U.S. District Judge Lawrence L. Piersol. Court Trial set for 7/12/2022 at 09:00 AM in Rapid City Courtroom 1 - Room 301 before U.S. District Judge Lawrence L. Piersol. Motions terminated: 54 Joint MOTION to Amend/Correct 46 Order on Motion to Extend Deadlines, filed by Four Directions, Inc., Oglala Sioux Tribe, Rosebud Sioux Tribe. Signed by U.S. District Judge Lawrence L. Piersol on 10/20/2021. (CLR) Modified on 10/21/2021 to correct trial type. (CLR) (Entered: 10/20/2021)

Oct. 20, 2021

Oct. 20, 2021

PACER

Set/Reset Hearings: Court Trial set for 7/12/2022 at 09:00 AM in Rapid City Courtroom 1 - Room 301 before U.S. District Judge Lawrence L. Piersol. (CLR)

Oct. 21, 2021

Oct. 21, 2021

PACER

Set/Reset Hearings

Oct. 21, 2021

Oct. 21, 2021

PACER
56

Joint MOTION for Protective Order by Steve Barnett, Laurie Gill, Marcia Hultman, Craig Price. (Katz, Clifton) (Entered: 11/04/2021)

Nov. 4, 2021

Nov. 4, 2021

PACER
57

PROPOSED ORDER by Steve Barnett, Laurie Gill, Marcia Hultman, Craig Price re 56 Joint MOTION for Protective Order (Katz, Clifton) (Entered: 11/04/2021)

Nov. 4, 2021

Nov. 4, 2021

PACER
58

ORDER granting 56 Motion for Protective Order. Signed by U.S. District Judge Lawrence L. Piersol on 11/08/2021. (KLE) (Entered: 11/09/2021)

Nov. 9, 2021

Nov. 9, 2021

PACER
59

PROTECTIVE ORDER. Signed by U.S. District Judge Lawrence L. Piersol on 11/10/2021. (KLE) (Entered: 11/10/2021)

Nov. 10, 2021

Nov. 10, 2021

PACER
60

FILED IN ERROR - Joint MOTION Motion to Enter Stipulated Order Governing Deposition Time Limits by Four Directions, Inc., Oglala Sioux Tribe, Rosebud Sioux Tribe. (Attachments: # 1 Proposed Order Stipulated Order) (Pechota, Terry) Modified on 11/18/2021 (SKK). (Entered: 11/11/2021)

1 Proposed Order Stipulated Order

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Nov. 11, 2021

Nov. 11, 2021

PACER
61

Joint MOTION To Modify the Second Amended Rule 16 Scheduling Order by Four Directions, Inc., Oglala Sioux Tribe, Rosebud Sioux Tribe. (Pechota, Terry) Modified on 11/17/2021 to terminate motion (KLE). (Entered: 11/11/2021)

Nov. 11, 2021

Nov. 11, 2021

PACER

NOTICE of Filing Error: 60 Motion for Miscellaneous Relief was filed in error and should be disregarded. (Pechota, Terry)

Nov. 17, 2021

Nov. 17, 2021

PACER
62

Joint MOTION to Enter Stipulated Order Governing Deposition Time Limits by Four Directions, Inc., Oglala Sioux Tribe, Rosebud Sioux Tribe. (Attachments: # 1 Proposed Order Proposed Order) (Pechota, Terry) (Entered: 11/17/2021)

1 Proposed Order Proposed Order

View on PACER

Nov. 17, 2021

Nov. 17, 2021

PACER
63

THIRD Amended Rule 16 SCHEDULING ORDER: Discovery due by 11/19/2021 Motions due by 12/20/2021. Court Trial set for 7/12/2022 at 09:00 AM in Rapid City Courtroom 1 - Room 301 before U.S. District Judge Lawrence L. Piersol. Signed by U.S. District Judge Lawrence L. Piersol on 11/17/2021. (KLE) (Entered: 11/17/2021)

Nov. 17, 2021

Nov. 17, 2021

PACER

Set/Reset Hearings: Pretrial Conference set for 6/20/2022 at 10:00 AM in Sioux Falls Courtroom 1 - Room 203A before U.S. District Judge Lawrence L. Piersol. (KLE)

Nov. 17, 2021

Nov. 17, 2021

PACER

Notice of Filing Error

Nov. 17, 2021

Nov. 17, 2021

PACER

Set/Reset Hearings

Nov. 18, 2021

Nov. 18, 2021

PACER
64

Joint MOTION To Modify the Third Amended Scheduling Order by Four Directions, Inc., Oglala Sioux Tribe, Rosebud Sioux Tribe. (Pechota, Terry) (Entered: 11/19/2021)

Nov. 19, 2021

Nov. 19, 2021

RECAP
65

Joint MOTION To Enter Stipulated Order Permitting Depositions After Discovery Date by Four Directions, Inc., Oglala Sioux Tribe, Rosebud Sioux Tribe. (Attachments: # 1 Attachment Proposed Joint Order) (Pechota, Terry) (Entered: 11/19/2021)

1 Attachment Proposed Joint Order

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Nov. 19, 2021

Nov. 19, 2021

PACER
66

ORDER Regarding Depositions granting 62 Joint Motion to Enter Stipulated Order & 65 Joint Motion to Enter Stipulated Order Permitting Depositions After Discovery. Signed by U.S. District Judge Lawrence L. Piersol on 11/23/2021. (KLE) (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

PACER
67

FOURTH AMENDED RULE 16 SCHEDULING ORDER: Discovery due by 11/19/2021 Motions due by 1/19/2022. Pretrial Conference set for 6/20/2022 at 10:00 AM (MST) and 11:00 AM (CST) before U.S. District Judge Lawrence L. Piersol. Court Trial set for 7/12/2022 at 09:00 AM in Rapid City Courtroom 1 - Room 301 before U.S. District Judge Lawrence L. Piersol. Signed by U.S. District Judge Lawrence L. Piersol on 11/23/2021. (KLE) (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

PACER
68

SCHEDULING ORDER: Settlement Conference set for 1/25/2022 at 09:00 AM in Rapid City Courtroom 2 - Room 236 before US Magistrate Judge Daneta Wollmann. Signed by US Magistrate Judge Daneta Wollmann on 1/5/2022. (SC) (Entered: 01/05/2022)

Jan. 5, 2022

Jan. 5, 2022

PACER
69

Joint MOTION to Extend Motion and Briefing Deadlines by Four Directions, Inc., Oglala Sioux Tribe, Rosebud Sioux Tribe. (Pechota, Terry) (Entered: 01/06/2022)

Jan. 6, 2022

Jan. 6, 2022

RECAP
70

FIFTH AMENDED RULE 16 SCHEDULING ORDER: Motions due by 2/9/2022. Pretrial Conference set for 6/20/2022 at 10:00 AM in Rapid City Courtroom 1 - Room 301 before U.S. District Judge Lawrence L. Piersol. Court Trial set for 7/12/2022 at 09:00 AM in Rapid City Courtroom 1 - Room 301 before U.S. District Judge Lawrence L. Piersol.. Signed by U.S. District Judge Lawrence L. Piersol on 01/18/2022. (KLE) (Entered: 01/18/2022)

Jan. 18, 2022

Jan. 18, 2022

RECAP

Settlement Conference terminated. To be rescheduled for a later date. (SC)

Jan. 24, 2022

Jan. 24, 2022

PACER

Terminate Hearings

Jan. 24, 2022

Jan. 24, 2022

PACER
71

SECOND SCHEDULING ORDER: Settlement Conference reset for 2/17/2022 at 09:00 AM in Rapid City Magistrate Chambers - Room 244 before US Magistrate Judge Daneta Wollmann. Signed by US Magistrate Judge Daneta Wollmann on 1/25/2022. (SC) (Entered: 01/25/2022)

Jan. 25, 2022

Jan. 25, 2022

PACER
72

MOTION PLAINTIFF'S UNOPPOSED MOTION FOR PAGE LIMIT EXPANSION by Four Directions, Inc., Oglala Sioux Tribe, Rosebud Sioux Tribe. (Attachments: # 1 Proposed Order) (Pechota, Terry) (Entered: 02/07/2022)

1 Proposed Order

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Feb. 7, 2022

Feb. 7, 2022

PACER
73

MOTION to DISMISS by Steve Barnett, Laurie Gill, Marcia Hultman, Craig Price. (Katz, Clifton) (Entered: 02/09/2022)

Feb. 9, 2022

Feb. 9, 2022

PACER
74

MEMORANDUM in Support re 73 MOTION to DISMISS filed by Steve Barnett, Laurie Gill, Marcia Hultman, Craig Price. (Katz, Clifton) (Entered: 02/09/2022)

Feb. 9, 2022

Feb. 9, 2022

PACER
75

ORDER granting 72 Motion for Page Limit Expansion. Signed by U.S. District Judge Lawrence L. Piersol on 02/09/2022. (KLE) (Entered: 02/09/2022)

Feb. 9, 2022

Feb. 9, 2022

RECAP
76

MOTION for SUMMARY JUDGMENT by Oglala Sioux Tribe, Rosebud Sioux Tribe. (Attachments: # 1 Proposed Order) (Pechota, Terry) (Entered: 02/09/2022)

Feb. 9, 2022

Feb. 9, 2022

PACER
77

MEMORANDUM in Support re 76 MOTION for SUMMARY JUDGMENT filed by Oglala Sioux Tribe, Rosebud Sioux Tribe. (Pechota, Terry) (Entered: 02/09/2022)

Feb. 9, 2022

Feb. 9, 2022

PACER
78

STATEMENT OF UNDISPUTED MATERIAL FACTS re 76 Motion for Summary Judgment, 77 Memorandum in Support of Motion by Plaintiffs Oglala Sioux Tribe, Rosebud Sioux Tribe (Pechota, Terry) (Entered: 02/09/2022)

Feb. 9, 2022

Feb. 9, 2022

PACER
79

FILED IN ERROR - DECLARATION of Samantha Kelty re 76 MOTION for SUMMARY JUDGMENT . (Attachments: # 1 Exhibit Ex 1-31 Place Holder) (Pechota, Terry) Modified on 2/10/2022 (SKK). (Entered: 02/09/2022)

Feb. 9, 2022

Feb. 9, 2022

PACER

NOTICE of Filing Error: 79 Declaration was filed in error and should be disregarded. (Pechota, Terry)

Feb. 10, 2022

Feb. 10, 2022

PACER
80

DECLARATION of Samantha Kelty re 76 MOTION for SUMMARY JUDGMENT, 77 Memorandum in Support of Motion . (Attachments: # 1 Exhibit Ex.1 Transcipt pages of Kea Warne Deposition) (Pechota, Terry) (Entered: 02/10/2022)

1 Exhibit Ex.1 Transcipt pages of Kea Warne Deposition

View on PACER

Feb. 10, 2022

Feb. 10, 2022

PACER
81

DECLARATION of Samantha Kelty re 76 MOTION for SUMMARY JUDGMENT, 77 Memorandum in Support of Motion . (Attachments: # 1 Exhibit Ex.2 Exhibits Kea Warne Depo, # 2 Exhibit Ex.3 Transcript McEntaffer Deposition, # 3 Exhibit Ex.4 Exhibits McEntaffer Deposition) (Pechota, Terry) (Entered: 02/10/2022)

1 Exhibit Ex.2 Exhibits Kea Warne Depo

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2 Exhibit Ex.3 Transcript McEntaffer Deposition

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3 Exhibit Ex.4 Exhibits McEntaffer Deposition

View on PACER

Feb. 10, 2022

Feb. 10, 2022

PACER
82

DECLARATION of Samantha Kelty re 76 MOTION for SUMMARY JUDGMENT, 77 Memorandum in Support of Motion . (Attachments: # 1 Exhibit Ex.5 Transcript NVRA training video, # 2 Exhibit Ex.6 Transcript Nardi deposition, # 3 Exhibit Ex.7 Transcript Baker deposition, # 4 Exhibit Ex.8A Screen shot DLR website, # 5 Exhibit Ex.8B Screen Shot, # 6 Exhibit Ex.8C Screen shot DPS locations, # 7 Exhibit Ex.9 Plaintiff's June 26 letter) (Pechota, Terry) (Entered: 02/10/2022)

1 Exhibit Ex.5 Transcript NVRA training video

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2 Exhibit Ex.6 Transcript Nardi deposition

View on PACER

3 Exhibit Ex.7 Transcript Baker deposition

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4 Exhibit Ex.8A Screen shot DLR website

View on PACER

5 Exhibit Ex.8B Screen Shot

View on RECAP

6 Exhibit Ex.8C Screen shot DPS locations

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7 Exhibit Ex.9 Plaintiff's June 26 letter

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Feb. 10, 2022

Feb. 10, 2022

PACER
83

DECLARATION of Samantha Kelty re 76 MOTION for SUMMARY JUDGMENT, 77 Memorandum in Support of Motion . (Attachments: # 1 Exhibit Ex.10 Transcript Miller deposition, # 2 Exhibit Ex.11 Exhibits Miller deposition) (Pechota, Terry) (Entered: 02/10/2022)

1 Exhibit Ex.10 Transcript Miller deposition

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2 Exhibit Ex.11 Exhibits Miller deposition

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Feb. 10, 2022

Feb. 10, 2022

PACER

Case Details

State / Territory: South Dakota

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: Sept. 16, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Rosebud Sioux Tribe of South Dakota and their members Oglala Sioux Tribe of South Dakota and their members Lakota People's Law Project, a non-profit seeking to protect the rights of Natives Kimberly Dillon, member of the Rosebud Sioux Tribe Hoksila White Mountain, member of the Standing Rioux Tribe

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Steve Barnett, State

Laurie Gill, State

Marcia Hultman, State

Craig Price, State

Case Details

Causes of Action:

Voting Rights Act, section 5, 52 U.S.C. § 10304 (previously 42 U.S.C. § 1973c)

Declaratory Judgment Act, 28 U.S.C. § 2201

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Amount Defendant Pays: $625,000

Issues

Voting:

Election administration

Voter ID

Voter registration rules

Voting: General & Misc.

Voting: Physical/Effective Access