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

8:23-cv-00020 | U.S. District Court for the District of Nebraska

Filed Date: Jan. 19, 2023

Closed Date: Jan. 26, 2024

Clearinghouse coding complete

Case Summary

This case is about two American Indian tribes and a handful of members of each tribe who also reside in and are registered to vote in Thurston County, Nebraska challenging Thurston County’s redistricting plan for the Thurston County Board of Supervisor districts. The plaintiffs alleged that the new redistricting plan diluted the voting strength of Non-Hispanic American Indian or Alaska Native voters and voters from the reservations of the Winnebago Tribe of Nebraska and the Omaha Tribe of Nebra…

This case is about two American Indian tribes and a handful of members of each tribe who also reside in and are registered to vote in Thurston County, Nebraska challenging Thurston County’s redistricting plan for the Thurston County Board of Supervisor districts. The plaintiffs alleged that the new redistricting plan diluted the voting strength of Non-Hispanic American Indian or Alaska Native voters and voters from the reservations of the Winnebago Tribe of Nebraska and the Omaha Tribe of Nebraska in violation of Section 2 of the Voting Rights Act and discriminated against American Indian and Alaska Native voters.

On January 19, 2023, the plaintiffs commenced this action in the District Court for the District of Nebraska with the help of attorneys from the Lawyers’ Committee for Civil Rights Under Law and the Native American Rights Fund. The plaintiffs also alleged that Thurston County has been the subject of two previous redistricting plans that resulted in American Indian voters being underrepresented and Non-Hispanic White voters being overrepresented. The plaintiffs sought an order declaring that Plan 3 that would be in effect from 2022 through 2030 violated the Voting Rights Act, permanently enjoin the defendants from conducting future elections under Plan 3, and implementation of a new districting plan.

On March 9, 2023, the defendants filed an answer to plaintiffs’ initial complaint asserting counterclaims and asked the Court for an order declaring the redistricting plan in question (i) did not violate 42 U.S.C. § 1983, (ii) guaranteed plaintiffs’ rights under Section 2 of the Voting Rights Act and protected plaintiffs’ and all Thurston County citizens’ constitutional rights. Additionally, Thurston County requested that the Court declare Plaintiffs’ redistricting plan violated the Voting Rights Act and the Fourteenth and Fifteenth Amendments.

On March 30, 2023, the plaintiffs filed a motion to dismiss defendants’ counterclaim for failure to state a claim. Specifically, the plaintiffs alleged that defendants (1) “lack standing to bring their Counterclaim,” (2) “have failed to state a claim for which relief can be granted,” and (3) raise a counterclaim “that is not a justiciable case or controversy under Article III of the Constitution.” 

On April 27, 2023, the Court issued a memorandum and order that stated that the plaintiffs sought declaratory and injunctive relief and that the court denied the plaintiffs’ motion to dismiss defendants’ counterclaim. The Court was unconvinced that, while defendant's arguments may be redundant given the analysis required by the claims the plaintiffs raised, these flaws required dismissal of the defendants’ counterclaim at the motion to dismiss stage.

On July 11, 2023, the Court issued a protective order that governed the disclosure of confidential discovery material.

On November 22, 2023, the parties filed an assented motion for entry of consent decree that asked the Court to approve a proposed consent decree attached thereto.

On January 26, 2024, the Court issued a memorandum and order that stated that the parties notified the Court that they reached a settlement agreement and proposed that the consent decree be entered. After some explanation and legal reasoning, the Court granted the parties’ Assented Motion for Entry of Consent Decree and the proposed Order, Consent Decree and Judgment was adopted with minor modifications.

On January 26, 2024, the Court reasoned that the parties agreed that the Thurston County Board of Supervisors’ redistricting map must comply with Nebraska state law, the Nebraska Constitution, the Voting Rights Act and the United States Constitution. Thurston County did not concede or admit that its then-current redistricting map violated either state or federal law, but acknowledged that the Court could order Thurston County to revise its then-current redistricting map (called the New District Plan). The New District Plan was to remain in place until at least the 2030 Census data is publicly released.  The parties agreed that the next and future voting cycles during the current Census period will proceed under the New District Plan.   

The parties acknowledged the uncertainty in the outcome of a potential trial and, as such, the parties negotiated a revised redistricting plan that the parties agreed met state and federal law requirements. The Court ordered that the consent decree was binding on the parties. The Court is to retain jurisdiction over the action, though the case is administratively closed. 

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/66743494/parties/winnebago-tribe-of-nebraska-v-thurston-county-nebraska/

Judge(s)
Attorney for Plaintiff

Alvernaz, Lillian (Nebraska)

Carter, Michael S. (Nebraska)

Ducheneaux, Nicole E. (Nebraska)

Eagle, Jennifer Bear (Nebraska)

Attorney for Defendant

Guinan, Patrick R. (Nebraska)

Expert/Monitor/Master/Other

Documents in the Clearinghouse
1

8:23-cv-00020

Complaint for Declaratory and Injunctive Relief

Jan. 19, 2023

Jan. 19, 2023

Complaint
9

8:23-cv-00020

Answer

March 9, 2023

March 9, 2023

Other
10

8:23-cv-00020

Plaintiffs' Motion to Dismiss Defendants' Counterclaim

March 30, 2023

March 30, 2023

Pleading / Motion / Brief
17

8:23-cv-00020

Memorandum and Order

April 27, 2023

April 27, 2023

Order/Opinion
29

8:23-cv-00020

Protective Order

July 11, 2023

July 11, 2023

Order/Opinion
36

8:23-cv-00020

Assented Motion for Entry of Consent Decree

Nov. 22, 2023

Nov. 22, 2023

Pleading / Motion / Brief
39

8:23-cv-00020

Order

Dec. 13, 2023

Dec. 13, 2023

Order/Opinion
48

8:23-cv-00020

Memorandum and Order

Jan. 26, 2024

Jan. 26, 2024

Order/Opinion
49

8:23-cv-00020

Order, Consent Decree, and Judgment

Jan. 26, 2024

Jan. 26, 2024

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/66743494/winnebago-tribe-of-nebraska-v-thurston-county-nebraska/

Last updated June 28, 2026, 4:57 a.m.

ECF Number Date Description Link
1 Jan. 19, 2023

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

View on PACER

Clearinghouse
2 Jan. 20, 2023

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)

RECAP
3 Jan. 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)

RECAP
4 Jan. 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)

RECAP
5 Jan. 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)

RECAP
Jan. 20, 2023

Assignment of Judges

6 Feb. 10, 2023

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)

RECAP
7 Feb. 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)

RECAP
Feb. 10, 2023

Order on Stipulation

8 March 9, 2023

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)

RECAP
9 March 9, 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)

Clearinghouse
10 March 30, 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)

Clearinghouse
11 March 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)

RECAP
12 March 31, 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)

RECAP
13 March 31, 2023

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)

RECAP
March 31, 2023

Notice Regarding No Certificate of Compliance

14 April 13, 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)

RECAP
15 April 20, 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)

RECAP
16 April 21, 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)

RECAP
17 April 27, 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)

Clearinghouse
18 May 17, 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)

RECAP
19 May 18, 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)

RECAP
20 May 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)

RECAP
21 June 8, 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)

RECAP
22 June 9, 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)

RECAP
June 9, 2023

Order on Motion to Extend

23 June 12, 2023

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

RECAP
24 June 12, 2023

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

RECAP
25 June 20, 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)

RECAP
26 June 21, 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)

RECAP
June 21, 2023

Order on Motion to Withdraw as Attorney

27 July 10, 2023

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)

RECAP
28 July 11, 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)

RECAP
29 July 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)

Clearinghouse
30 July 13, 2023

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)

RECAP
31 July 14, 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)

RECAP
32 Aug. 7, 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)

RECAP
33 Aug. 8, 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)

RECAP
Aug. 8, 2023

Order - Text Only

34 Aug. 28, 2023

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

RECAP
35 Aug. 29, 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)

RECAP
Aug. 29, 2023

Order on Motion to Withdraw as Attorney

36 Nov. 22, 2023

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

View on PACER

Clearinghouse
37 Nov. 27, 2023

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)

RECAP
38 Nov. 28, 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)

RECAP
Nov. 28, 2023

Order on Motion to Withdraw as Attorney

39 Dec. 13, 2023

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

Clearinghouse
40 Dec. 20, 2023

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)

RECAP
41 Dec. 21, 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)

RECAP
Dec. 21, 2023

Order on Motion to Extend

42 Jan. 16, 2024

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)

RECAP
43 Jan. 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)

RECAP
44 Jan. 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)

RECAP
45 Jan. 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)

RECAP
46 Jan. 18, 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)

RECAP
47 Jan. 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)

RECAP
48 Jan. 26, 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)

Clearinghouse
49 Jan. 26, 2024

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

Clearinghouse
50 July 12, 2024

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)

RECAP
51 July 15, 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)

RECAP
July 15, 2024

Order on Motion to Withdraw as Attorney

Case Details

State / Territory:

Nebraska

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Jan. 19, 2023

Closing Date: Jan. 26, 2024

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The plaintiffs are two American Indian tribes: Winnebago Tribe of Nebraska and Omaha Tribe of Nebraska as well as citizens of both tribes and residents and voters of Thurston County, Nebraska.

Plaintiff Type(s):

American Indian Tribe

Private Plaintiff

Attorney Organizations:

Lawyers Comm. for Civil Rights Under Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

Arnie Harlan

Davin French

Georgia Mayberry

James Price

Jim Mueller

Mark English

Patty Bessmer, Thurston County Clerk

Thurston County Board of Supervisors

Thurston County, Nebraska

Private Entity/Person

Glen Meyer

Case Details

Causes of Action:

Voting Rights Act, section 2, 52 U.S.C. § 10301 (previously 42 U.S.C. § 1973)

Voting Rights Act, unspecified, 52 U.S.C. § 10301 et seq (previously 42 U.S.C § 1973 et seq.)

Other Dockets:

District of Nebraska 8:23-cv-00020

Available Documents:

Any published opinion

Complaint (any)

Findings Letter/Report

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Voting Process Changes

Issues

Discrimination Basis:

Race discrimination

Affected Race(s):

American Indian/Alaskan Native

Voting:

Redistricting/district composition

Voting: General & Misc.

Recommended Citation