Case: Winnebago Tribe of Nebraska v. Thurston County, Nebraska

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants ( Filing fee $ 402, receipt number ANEDC-4788040), by Attorney Michael S. Carter on behalf of Lynelle Blackhawk, Esther Mercer, Victoria Kitcheyan, Omaha Tribe of Nebraska, Winnebago Tribe of Nebraska, Rona Stealer, James Louis LaRose, Cheyenne Robinson, Brian Chamberlain, Aric Armell, Gregory Phillips (Attachments: # 1 Civil Cover Sheet)(Carter, Michael) (Entered: 01/19/2023)

1 Civil Cover Sheet

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TEXT NOTICE OF JUDGES ASSIGNED: Chief Judge Robert F. Rossiter, Jr. and Magistrate Judge Cheryl R. Zwart assigned. In accordance with 28 U.S.C. 636(c)(2), the parties are notified that, if all parties consent, a magistrate judge may conduct a civil action or proceeding, including a jury or nonjury trial, subject to the courts rules and policies governing the assignment of judges in civil cases. See Fed. R. Civ. P. 73; NEGenR 1.4. (JES) (Entered: 01/20/2023)

ATTORNEY LETTER by Clerk that Attorney Ezra Rosenberg has not registered for admittance to practice nor registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (JES) (Entered: 01/20/2023)

ATTORNEY LETTER by Clerk that Attorney James Tucker has not registered for admittance to practice nor registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (JES) (Entered: 01/20/2023)

ATTORNEY LETTER by Clerk that Attorney Jennifer Nwachukwu has not registered for admittance to practice nor registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (JES) (Entered: 01/20/2023)

Assignment of Judges

STIPULATION -waive service of summons and for enlargement of time for Defendants to respond to Complaint by Attorney Patrick R. Guinan on behalf of Defendants Patty Bessmer, Mark English, Davin French, Arnie Harlan, Georgia Mayberry, Glenn Meyer, Jim Mueller, James Price, Sr., Thurston County Board of Supervisors, Thurston County, Nebraska.(Guinan, Patrick) (Entered: 02/10/2023)

TEXT ORDER approving the Parties' Stipulation to Waive Service of Summons and for Enlargement of Time for Defendants to Respond to Complaint. (Filing No. 6 ). On or before March 9, 2023, Defendants shall waive service of process, voluntarily enter their appearances, and file an answer or other responsive pleading to the Complaint. Ordered by Magistrate Judge Cheryl R. Zwart. (CEW) (Entered: 02/10/2023)

Order on Stipulation

NOTICE of Appearance /Voluntary Appearance and Waiver of Service of Summons by Attorney Patrick R. Guinan on behalf of Defendants Patty Bessmer, Mark English, Davin French, Arnie Harlan, Georgia Mayberry, Glenn Meyer, Jim Mueller, James Price, Sr., Thurston County Board of Supervisors, Thurston County, Nebraska (Guinan, Patrick) (Entered: 03/09/2023)

ANSWER to Complaint with with jury demand, COUNTERCLAIM with jury demand against All Plaintiffs regarding Complaint, 1 filed by James Louis LaRose, Gregory Phillips, Rona Stealer, Esther Mercer, Winnebago Tribe of Nebraska, Cheyenne Robinson, Brian Chamberlain, Aric Armell, Lynelle Blackhawk, Omaha Tribe of Nebraska, Victoria Kitcheyan by Thurston County, Nebraska, Thurston County Board of Supervisors, Jim Mueller, Patty Bessmer, Arnie Harlan, Glenn Meyer, Georgia Mayberry, James Price, Sr., Mark English, Davin French (Guinan, Patrick) (Entered: 03/09/2023)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Attorney Michael S. Carter on behalf of Plaintiffs Aric Armell, Lynelle Blackhawk, Brian Chamberlain, Victoria Kitcheyan, James Louis LaRose, Esther Mercer, Omaha Tribe of Nebraska, Gregory Phillips, Cheyenne Robinson, Rona Stealer, Winnebago Tribe of Nebraska.(Carter, Michael) (Entered: 03/30/2023)

BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 10 by Attorney Michael S. Carter on behalf of Plaintiffs Aric Armell, Lynelle Blackhawk, Brian Chamberlain, Victoria Kitcheyan, James Louis LaRose, Esther Mercer, Omaha Tribe of Nebraska, Gregory Phillips, Cheyenne Robinson, Rona Stealer, Winnebago Tribe of Nebraska.(Carter, Michael) (Entered: 03/30/2023)

TEXT NOTICE REGARDING Brief 11 . This filing does not contain a Certificate of Compliance as required by NECivR 7.1(d)(3). This notice is for your information for future filings.(MLF) (Entered: 03/31/2023)

Notice Regarding No Certificate of Compliance

Certificate regarding Brief, 11 by Attorney Michael S. Carter on behalf of Plaintiffs Aric Armell, Lynelle Blackhawk, Brian Chamberlain, Victoria Kitcheyan, James Louis LaRose, Esther Mercer, Omaha Tribe of Nebraska, Gregory Phillips, Cheyenne Robinson, Rona Stealer, Winnebago Tribe of Nebraska.(Carter, Michael) (Entered: 03/31/2023)

BRIEF in opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 10, Brief, 11 by Attorney Patrick R. Guinan on behalf of Defendants Patty Bessmer, Mark English, Davin French, Arnie Harlan, Georgia Mayberry, Glenn Meyer, Jim Mueller, James Price, Sr., Thurston County Board of Supervisors, Thurston County, Nebraska.(Guinan, Patrick) (Entered: 04/13/2023)

REPLY BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 10 by Attorney Michael S. Carter on behalf of Plaintiffs Aric Armell, Lynelle Blackhawk, Brian Chamberlain, Victoria Kitcheyan, James Louis LaRose, Esther Mercer, Omaha Tribe of Nebraska, Gregory Phillips, Cheyenne Robinson, Rona Stealer, Winnebago Tribe of Nebraska.(Carter, Michael) (Entered: 04/20/2023)

NOTICE of Change of Address by Attorney Michael S. Carter on behalf of Plaintiffs Aric Armell, Lynelle Blackhawk, Brian Chamberlain, Victoria Kitcheyan, James Louis LaRose, Esther Mercer, Omaha Tribe of Nebraska, Gregory Phillips, Cheyenne Robinson, Rona Stealer, Winnebago Tribe of Nebraska (Carter, Michael) (Entered: 04/21/2023)

MEMORANDUM AND ORDER that the plaintiffs' motion to dismiss (Filing No. 10 ) the defendants' counterclaim is denied. Ordered by Chief Judge Robert F. Rossiter, Jr. (JSF) (Entered: 04/27/2023)

REPLY to Counterclaim by Aric Armell, Lynelle Blackhawk, Brian Chamberlain, Victoria Kitcheyan, James Louis LaRose, Esther Mercer, Omaha Tribe of Nebraska, Gregory Phillips, Cheyenne Robinson, Rona Stealer, Winnebago Tribe of Nebraska (Carter, Michael) (Entered: 05/17/2023)

SCHEDULING ORDER: Rule 26 Meeting Report Deadline set for 6/19/2023. Ordered by Magistrate Judge Cheryl R. Zwart. (ADB) (Entered: 05/18/2023)

RESTRICTED CASE CONFERENCE INSTRUCTIONS. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 5.2(e). Ordered by Magistrate Judge Cheryl R. Zwart. (ADB) (Entered: 05/18/2023)

JOINT MOTION to Extend Scheduling Order 19 by Attorney Michael S. Carter on behalf of Plaintiffs Aric Armell, Lynelle Blackhawk, Brian Chamberlain, Victoria Kitcheyan, James Louis LaRose, Esther Mercer, Omaha Tribe of Nebraska, Gregory Phillips, Cheyenne Robinson, Rona Stealer, Winnebago Tribe of Nebraska.(Carter, Michael) (Entered: 06/08/2023)

TEXT ORDER granting 21 the parties' Joint Motion to Extend. The deadline for serving mandatory disclosures, and jointly filing a Rule 26(f) Report is now July 10, 2023. Ordered by Magistrate Judge Cheryl R. Zwart. (CEW) (Entered: 06/09/2023)

Order on Motion to Extend

NOTICE of Appearance by Attorney Robert S. Keith on behalf of Defendant Thurston County, Nebraska (Keith, Robert) (Entered: 06/12/2023)

NOTICE of Appearance by Attorney Laurel P. Hall on behalf of Defendant Thurston County, Nebraska (Hall, Laurel) (Entered: 06/12/2023)

MOTION to Withdraw as Attorney by Attorney Jennifer Bear Eagle on behalf of Plaintiffs Aric Armell, Lynelle Blackhawk, Brian Chamberlain, Victoria Kitcheyan, James Louis LaRose, Esther Mercer, Rona Stealer, Winnebago Tribe of Nebraska, Counter Defendants Aric Armell, Lynelle Blackhawk, Brian Chamberlain, Victoria Kitcheyan, James Louis LaRose, Esther Mercer, Rona Stealer, Winnebago Tribe of Nebraska.(Bear Eagle, Jennifer) (Entered: 06/20/2023)

TEXT ORDER granting 25 Motion to Withdraw as Attorney. Jennifer Bear Eagle is withdrawn as counsel for Plaintiffs/Counter defendants The Winnebago Tribe of Nebraska, Victoria Kitcheyan, Brian Chamberlain, Rona Stealer, James Louis LaRose, Aric Armel, Esther Mercer, and Lynelle Blackhawk. Jennifer Bear Eagle shall no longer receive electronic notice in this case. Ordered by Magistrate Judge Cheryl R. Zwart. (CEW) (Entered: 06/21/2023)

Order on Motion to Withdraw as Attorney

REPORT of Rule 26(f) Planning Meeting by Attorney Michael S. Carter on behalf of Plaintiffs Aric Armell, Lynelle Blackhawk, Brian Chamberlain, Victoria Kitcheyan, James Louis LaRose, Esther Mercer, Omaha Tribe of Nebraska, Gregory Phillips, Cheyenne Robinson, Rona Stealer, Winnebago Tribe of Nebraska.(Carter, Michael) (Entered: 07/10/2023)

FINAL PROGRESSION ORDER - Depositions due June 17, 2024. Status Conference set for 6/25/2024 at 09:00 AM by Telephone before Magistrate Judge Cheryl R. Zwart. Ordered by Magistrate Judge Cheryl R. Zwart. (MKR) (Entered: 07/11/2023)

PROTECTIVE ORDER - Upon consideration of the parties' joint request for entry of a Protective Order, (Filing No. 27 ), the Court enters the following Protective Order governing the disclosure of confidential Discovery Material by a Producing Party to a Receiving Party in this Action. Ordered by Magistrate Judge Cheryl R. Zwart. (MKR)

Certificate of Service of Defendants' mandatory disclosures under Fed. R. Civ. P. 26(a)(1)(A) by Attorney Patrick R. Guinan on behalf of Defendants Patty Bessmer, Mark English, Davin French, Arnie Harlan, Georgia Mayberry, Glenn Meyer, Jim Mueller, James Price, Sr., Thurston County Board of Supervisors, Thurston County, Nebraska.(Guinan, Patrick) (Entered: 07/13/2023)

Certificate of Service of Plaintiffs' Initial Disclosures Under Fed. R. Civ. P. 26(a)(1)(A) by Attorney Michael S. Carter on behalf of Plaintiffs Aric Armell, Lynelle Blackhawk, Brian Chamberlain, Victoria Kitcheyan, James Louis LaRose, Esther Mercer, Omaha Tribe of Nebraska, Gregory Phillips, Cheyenne Robinson, Rona Stealer, Winnebago Tribe of Nebraska.(Carter, Michael) (Entered: 07/14/2023)

NOTICE of Withdrawal of Nicole E. Ducheneaux by Attorney Lillian Alvernaz on behalf of Plaintiffs Aric Armell, Lynelle Blackhawk, Brian Chamberlain, Victoria Kitcheyan, James Louis LaRose, Esther Mercer, Rona Stealer, Winnebago Tribe of Nebraska, Counter Defendants Aric Armell, Lynelle Blackhawk, Brian Chamberlain, Victoria Kitcheyan, James Louis LaRose, Esther Mercer, Rona Stealer, Winnebago Tribe of Nebraska (Alvernaz, Lillian) (Entered: 08/07/2023)

TEXT ORDER granting notice of withdrawal. Nicole E. Ducheneaux is withdrawn as counsel for the Winnebago Tribe of Nebraska, Victoria Kitcheyan, Brian Chamberlain, Rona Stealer, James Louis LaRose, Aric Armel, Esther Mercer, and Lynelle Blackhawk and shall no longer receive electronic notice in this case. Ordered by Magistrate Judge Cheryl R. Zwart. (TMM) (Entered: 08/08/2023)

Order - Text Only

MOTION to Withdraw as Attorney by Attorney Laurel P. Hall on behalf of Defendant Thurston County, Nebraska.(Hall, Laurel) (Entered: 08/28/2023)

TEXT ORDER granting 34 Motion to Withdraw as Attorney. Laurel P. Hall is withdrawn as counsel for Thurston County, Nebraska and shall no longer receive electronic notice in this case. Ordered by Magistrate Judge Cheryl R. Zwart. (CEW) (Entered: 08/29/2023)

Order on Motion to Withdraw as Attorney

JOINT STIPULATION (Assented Motion for Entry of Consent Decree) by Attorney Michael S. Carter on behalf of Plaintiffs Aric Armell, Lynelle Blackhawk, Brian Chamberlain, Victoria Kitcheyan, James Louis LaRose, Esther Mercer, Omaha Tribe of Nebraska, Gregory Phillips, Cheyenne Robinson, Rona Stealer, Winnebago Tribe of Nebraska. (Attachments: # 1 Exhibit Exhibit 1 to Assented Motion for Entry of Consent Decree)(Carter, Michael) (Entered: 11/22/2023)

1 Exhibit Exhibit 1 to Assented Motion for Entry of Consent Decree

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MOTION to Withdraw as Attorney James Thomas Tucker by Attorney Jennifer Nwachukwu on behalf of Plaintiffs Aric Armell, Lynelle Blackhawk, Brian Chamberlain, Victoria Kitcheyan, James Louis LaRose, Esther Mercer, Omaha Tribe of Nebraska, Gregory Phillips, Cheyenne Robinson, Rona Stealer, Winnebago Tribe of Nebraska, Counter Defendants Aric Armell, Lynelle Blackhawk, Brian Chamberlain, Victoria Kitcheyan, James Louis LaRose, Esther Mercer, Omaha Tribe of Nebraska, Gregory Phillips, Cheyenne Robinson, Rona Stealer, Winnebago Tribe of Nebraska.(Nwachukwu, Jennifer) (Entered: 11/27/2023)

TEXT ORDER granting 37 Motion to Withdraw as Attorney. James Thomas Tucker is withdrawn as counsel for the Plaintiffs/Counterdefendants and will no longer receive ECF notices in this case. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl) (Entered: 11/28/2023)

Order on Motion to Withdraw as Attorney

ORDER that the parties shall file supplemental briefing before December 27, 2023. Ordered by Chief Judge Robert F. Rossiter, Jr. (JSF)

JOINT MOTION to Extend Deadline for Parties to File Supplemental Briefing by Attorney Michael S. Carter on behalf of Plaintiffs Aric Armell, Lynelle Blackhawk, Brian Chamberlain, Victoria Kitcheyan, James Louis LaRose, Esther Mercer, Omaha Tribe of Nebraska, Gregory Phillips, Cheyenne Robinson, Rona Stealer, Winnebago Tribe of Nebraska.(Carter, Michael) (Entered: 12/20/2023)

TEXT ORDER granting the parties' Stipulated Motion to Extend Deadline for Parties to File Supplemental Briefing, (Filing No. 40 ). The supplemental briefing ordered by the Court, (Filing No. 39 ), shall be filed by January 17, 2024. Ordered by Chief Judge Robert F. Rossiter, Jr. (Black, Allison) (Entered: 12/21/2023)

Order on Motion to Extend

GENERAL ORDER 2024-01 - Following Magistrate Judge Cheryl R. Zwart's retirement on January 16, 2024, this case is reassigned to Magistrate Judge DeLuca as set forth in this order. Ordered by Chief Judge Robert F. Rossiter, Jr. (TCL) (Entered: 01/17/2024)

BRIEF in support of Order on Stipulation 39 Statement of Interest of United States by Attorney Zachary J. Newkirk on behalf of Interested Party United States.(Newkirk, Zachary) (Entered: 01/17/2024)

BRIEF supplemental on consent decree by Attorney Patrick R. Guinan on behalf of Defendants Patty Bessmer, Mark English, Davin French, Arnie Harlan, Georgia Mayberry, Glenn Meyer, Jim Mueller, James Price, Sr., Thurston County Board of Supervisors, Thurston County, Nebraska.(Guinan, Patrick) (Entered: 01/17/2024)

BRIEF Supplementing Proposed Consent Decree by Attorney Michael S. Carter on behalf of Plaintiffs Aric Armell, Lynelle Blackhawk, Brian Chamberlain, Victoria Kitcheyan, James Louis LaRose, Esther Mercer, Omaha Tribe of Nebraska, Gregory Phillips, Cheyenne Robinson, Rona Stealer, Winnebago Tribe of Nebraska.(Carter, Michael) (Entered: 01/17/2024)

ATTORNEY LETTER by Clerk that Attorney Timothy F. Mellett has not registered for admittance to practice registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (MLF) (Entered: 01/18/2024)

ATTORNEY LETTER by Clerk that Attorney Victor J. Williamson has not registered for admittance to practice registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (MLF) (Entered: 01/18/2024)

MEMORANDUM AND ORDER that the parties' Assented Motion for Entry of Consent Decree (Filing No. 36 ) is granted. The proposed Order, Consent Decree, and Judgment (Filing No. 36-1) is adopted with minor modifications and will be entered separately. Ordered by Chief Judge Robert F. Rossiter, Jr. (JSF)

ORDER, CONSENT DECREE, AND JUDGMENT. Ordered by Chief Judge Robert F. Rossiter, Jr. (JSF)

MOTION to Withdraw as Attorney by Attorney Michael S. Carter on behalf of Plaintiffs Aric Armell, Lynelle Blackhawk, Brian Chamberlain, Victoria Kitcheyan, James Louis LaRose, Esther Mercer, Omaha Tribe of Nebraska, Gregory Phillips, Cheyenne Robinson, Rona Stealer, Winnebago Tribe of Nebraska, Counter Defendants Aric Armell, Lynelle Blackhawk, Brian Chamberlain, Victoria Kitcheyan, James Louis LaRose, Esther Mercer, Omaha Tribe of Nebraska, Gregory Phillips, Cheyenne Robinson, Rona Stealer, Winnebago Tribe of Nebraska.(Carter, Michael) (Entered: 07/12/2024)

TEXT ORDER granting 50 Motion to Withdraw Appearance as Counsel. Michael S. Carter is withdrawn as counsel of record for Plaintiffs/Counterdefendants the Winnebago Tribe of Nebraska, Victoria Kitcheyan, Brian Chamberlain, Rona Stealer, James Louis LaRose, Aric Armel, Esther Mercer, and Lynelle Blackhawk and shall no longer receive electronic notifications. Ordered by Magistrate Judge Jacqueline M. DeLuca. (KLM) (Entered: 07/15/2024)

Order on Motion to Withdraw as Attorney