Smith et al v. Parker et al

Filing 85

MEMORANDUM AND ORDER - IT IS ORDERED: 1. The parties shall file a copy of the final judgment issued by the Omaha Tribal Court in this matter on or before March 15, 2013; 2. The parties shall file a statement of stipulated facts on or before May 15 , 2013; 3. The parties shall file cross motions for summary judgment and supporting briefs and evidentiary materials on or before June 17, 2013; 4. The parties shall file responsive briefs to the cross motions for summary judgment on or before July 1 2, 2013; 5. The United States Department of Justice and the Nebraska Attorney General are invited to file amicus curiae briefs (not evidence) on or before July 12, 2013; 6. The parties may file reply briefs on or before July 26, 2013; 7. The stay i n this matter is lifted; 8. The restraining order previously imposed (filing 16 ) and extended (filing 24 ) is continued in full force and effect until further order of the court; 9. The Clerk of the United States District Court for the District o f Nebraskashall send, electronically (if possible) and by United States Mail, a copy of this order to: (a) the United States Department of Justice, care of Steven Miskinis, USDOJ-Environment & Natural Resources Division, Indian Resources Section, P.O. Box 7415, Ben Franklin Station, Washington, DC 20044 and e-mail Steven.Miskinis @usdoj.gov; and (b) the Office of the Nebraska Attorney General, 2115 State Capitol, Lincoln, NE 68509. Ordered by Senior Judge Richard G. Kopf. (TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
RICHARD M. SMITH, DONNA
SMITH, DOUG SCHRIEBER,
SUSAN SCHRIEBER, RODNEY A.
HEISE, THOMAS J. WELSH, JAY
LAKE, JULIE LAKE, KEITH
BREHMER, RON BRINKMAN, and
VILLAGE OF PENDER,
NEBRASKA,

)
)
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)
)
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Plaintiffs,
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v.
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MITCH PARKER, in his official
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capacity as Chairman of the Omaha
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Tribal Council, BARRY WEBSTER, )
in his official capacity as Vice)
Chairman of the Omaha Tribal
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Council, AMEN SHERIDAN, in his )
official capacity as Treasurer of the
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Omaha Tribal Council, RODNEY
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MORRIS, in his official capacity as
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Secretary of the Omaha Tribal
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Council, ORVILLE CAYOU, in his
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official capacity as member of the
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Omaha Tribal Council, ELEANOR
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BAXTER, in her official capacity as )
member of the Omaha Tribal Council, )
and ANSLEY GRIFFIN, in his
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official capacity as member of the
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Omaha Tribal Council and as the
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Omaha Tribe’s Director of Liquor
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Control,
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Defendants.
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4:07CV3101

MEMORANDUM AND ORDER

This case has been stayed since October 4, 2007, to allow the plaintiffs to
exhaust such remedies as they may have in the Omaha Tribal Courts.1 (Filing 53.)
On February 14, 2013, counsel for the parties advised this court that the Omaha Tribal
Court has issued an order ruling in favor of Defendants on the parties’ cross motions
for summary judgment. (Filing 82.) After a telephone conference with counsel, in
which they agreed that exhaustion in the Omaha Tribal Court will be complete upon
the entry of final judgment in that court,
IT IS ORDERED:
1.
The parties shall file a copy of the final judgment issued by the Omaha
Tribal Court in this matter on or before March 15, 2013;
2.

The parties shall file a statement of stipulated facts on or before May 15,

2013;
3.
The parties shall file cross motions for summary judgment and
supporting briefs and evidentiary materials on or before June 17, 2013;
4.
The parties shall file responsive briefs to the cross motions for summary
judgment on or before July 12, 2013;
5.
The United States Department of Justice and the Nebraska Attorney
General are invited to file amicus curiae briefs (not evidence) on or before July 12,
2013;
6.

The parties may file reply briefs on or before July 26, 2013;

1

From the parties’ most recent filing in this court (Filing 82), it appears that the
caption for this case may have changed. In the absence of a motion to change the
caption or substitute parties, I shall retain the original caption.
2

7.

The stay in this matter is lifted;

8.
The restraining order previously imposed (filing 16) and extended (filing
24) is continued in full force and effect until further order of the court;
9.
The Clerk of the United States District Court for the District of Nebraska
shall send, electronically (if possible) and by United States Mail, a copy of this order
to: (a) the United States Department of Justice, care of Steven Miskinis,
USDOJ—Environment & Natural Resources Division, Indian Resources Section, P.O.
Box 7415, Ben Franklin Station, Washington, DC 20044 and e-mail Steven.Miskinis
@usdoj.gov; and (b) the Office of the Nebraska Attorney General, 2115 State Capitol,
Lincoln, NE 68509.
DATED this 19th day of February, 2013.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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