Cherokee Nation Businesses LLC et al v. Arkansas, State of et al

Filing 91

ORDER denying 73 motion to file a third amended complaint; and the Court substitutes Arkansas Racing Commissioner Bo Hunter for his successor, John Scmelzle. Signed by Judge D. P. Marshall Jr. on 3/10/2025. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
CHEROKEE NATION BUSINESSES,
LLC; CHEROKEE NATION
ENTERTAINMENT, LLC;
and JENNIFER MCGILL

PLAINTIFFS

No. 4:24-cv-969 -DPM

V.

STATE OF ARKANSAS; and
ALEX LIEBLONG, MARK LAMBERTH,
STEVE ANTHONY, DENNY EAST,
MICHAEL POST, BO HUNTER, and
STEVE LANDERS, in their official

capacities

DEFENDANTS

ORDER
The plaintiffs' opposed motion to file a third amended complaint,
Doc. 73, is denied. Fed. R. Civ. P. 16(b). The Final Scheduling Order

gave the parties until 27 January 2025 to amend pleadings as a matter
of right. Docs. 38. The plaintiffs filed a second amended complaint on
that date. Doc. 46. At that point, they knew about the contracts

involving Legends Resort & Casino, LLC (as either a contracting party
or an assignee). Doc. 73 at 1-2. And they were aware of the State's

concerns about Amendment 104's enforcement mechanism, which had
been lingering since the November 2024 TRO hearing. Doc. 33 at 21, 31.
The plaintiffs have not established good cause for adding new parties

on both sides of the v. less than three weeks out from trial. Sherman v.

Winco Fireworks, Inc., 532 F.3d 709, 715-18 (8th Cir. 2008).

The Court substitutes Arkansas Racing Commissioner Bo Hunter

for his successor, John Schmelzle. Fed. R. Civ. P. 25(d). No pleading
amendment is needed on this front. Ibid.
So Ordered.
D.P. Marshall Jr.
United States District Judge
/c3

-2-