OPINION AND ORDER DENYING MOTION TO DISMISS ROBERTO A. LANGE , UNITED STATES DISTRICT JUDGE . Plaintiff Lewis & Clark Regional Water System, Inc. (Lewis & Clark) sued Defendant/Third-Party Plaintiff Carstensen Contracting, Inc. (Carstensen), alleging breach of contract. Doc. 1-1. Carstensen filed a third-party action against Third-Party Defendant Ameron Water Transmission Group, LLC (Ameron), alleging breach of contract, breach of warranty, unjust enrichment, negligence, contractual...
ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING CASE KAREN E. SCHREIER , District Judge . Movant, Evaristo Serrano-Vargas, filed this lawsuit as a pro se petition for a writ of coram nobis. The case was referred to Magistrate Judge Veronica Duffy under 28 U.S.C. 636(b)(1)(B) for the purpose of conducting any necessary hearings, including evidentiary hearings. The United States moved to dismiss the action for failure to state a claim. Docket 10. On December 7, 2018, the...
REPORT AND RECOMMENDATION VERONICA L. DUFFY , District Judge . INTRODUCTION This matter is before the court on the pro se petition for a writ of coram nobis by petitioner Evaristo Serrano-Vargas. See Docket No. 1. Now pending is respondent the United States of America's (hereinafter "government") motion to dismiss Mr. Serrano-Vargas' petition without holding an evidentiary hearing. See Docket No. 10. Mr. Serrano-Vargas opposes the motion. See Docket No. 12. This matter has been...
ORDER GRANTING MOTION TO DISMISS AND DENYING MOTION FOR HEARING KAREN E. SCHREIER , District Judge . Plaintiffs, Mark Long, Marilynn Long, Arnie Van Voorst, Shirley Van Voorst, Tim Doyle, Sara Doyle, Jane Griffith, Michael Taylor, and Karen Taylor, filed a complaint alleging a claim for just compensation under the Fifth Amendment to the United States Constitution and a claim for injunctive relief against defendant, the South Dakota Department of Transportation (DOT). Docket 1. The DOT...
OPINION AND ORDER GRANTING IN PART DEFENDANTS' MOTION TO DISMISS ROBERTO A. LANGE , UNITED STATES DISTRICT JUDGE . Plaintiff Bruce Danielson, proceeding pro se, sued the State of South Dakota, South Dakota's Attorney General Marty Jackley, the City of Sioux Falls, the City's former mayor Mike Huether, and City employees David Pfeifle and Heather Hitterdal (collectively "the Defendants"). Doc. 1. Danielson alleges that the Defendants violated 42 U.S.C. 1983, the Racketeer Influenced and...
ORDER LAWRENCE L. PIERSOL , District Judge . Pending before the court are plaintiffs' "Emergency Petitions Motion to File Under Seal A Complaint Plaintiffs Seeks to Supplement Into The Present Action As Involving Related Subject Matter In The Efforts To Steal Property Rights of Plaintiff — Or In The Alternative Open A New Action So That Plaintiff Can Immediately Exercise The Emergency The Permanent Injunction Attached As Exhibit `2' and "Plaintiffs Separate Motion To Supplement/Add Certain...
ORDER CHARLES B. KORNMANN , District Judge . BACKGROUND Petitioner filed this request to vacate, set aside, or correct sentence pursuant to 28 U.S.C. 2255 on May 15, 2017. Petitioner challenges his conviction by jury of four counts of sexual abuse of a minor and assault resulting in serious bodily injury in this Court in September 2014, stating that he received ineffective assistance of counsel and that the court lacked jurisdiction to try his claims. He requests an evidentiary hearing....
ORDER CHARLES B. KORNMANN , District Judge . Petitioner was convicted of abusive sexual contact and attempted aggravated sexual abuse and was sentenced to 120 months imprisonment. He appealed and the United States Court of Appeals for the Eighth Circuit affirmed. United States v. Fire Cloud, 780 F.3d 877 (8th Cir. 2015). He filed a timely motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. 2255. Petitioner contends that he received ineffective assistance of...
MEMORANDUM OPINION AND ORDER LAWRENCE L. PIERSOL , District Judge . Plaintiff Daniel Loring ("Loring") brought this pro se lawsuit against the United States for the alleged misconduct of two Assistant United States Attorneys in their handling of an earlier civil lawsuit filed under the Fair Housing Act on Loring's behalf. Loring filed a motion for summary judgment in this case. (Doc. 14.) Defendants filed a motion to dismiss. (Doc. 23.) Having carefully considered the entire record, the...
ORDER JEFFREY L. VIKEN , Chief District Judge . INTRODUCTION Defendant filed a motion to suppress a statement he gave to law enforcement. (Docket 48). The motion was referred to Magistrate Judge Daneta Wollmann for a report and recommendation pursuant to 28 U.S.C. 636(b)(1)(B) and the standing order dated March 9, 2015. The magistrate judge conducted a hearing on the motion and issued a report and recommendation ("R&R") concluding defendant's motion should be denied. (Docket 59)....
OPINION AND ORDER DENYING REQUEST FOR JAIL TIME CREDIT ROBERTO A. LANGE , District Judge . Lyle Wade Whitney (Whitney) requests pro se to have certain jail time credited to reduce his sentence. Doc. 86. Whitney requests that he be given credit from September 1, 2017, through February 11, 2018, for time served in Hughes County Jail after his federal indictment. Doc. 86. For the reasons explained below, this Court denies Whitney's request. On February 5, 2018, Whitney pleaded guilty to...
ORDER FOR CLARIFICATION VERONICA L. DUFFY , Magistrate Judge . This matter is before the court on the pro se 28 U.S.C. 2254 habeas petition of Diw Bol Kiir, a state prisoner. See Docket No. 1. The court seeks clarification as to how Mr. Kiir wishes the court to proceed. Following a direct appeal, Mr. Kiir filed a habeas petition in South Dakota state court raising seven issues of ineffective assistance of trial and appellate counsel. See Docket No. 9-1. While that state habeas...
MEMORANDUM OPINION AND ORDER [CROSS MOTIONS FOR PARTIAL SUMMARY JUDGMENT, DOCKET NOS. 82 AND 111] [FOR RULE 56(D) RELIEF, DOCKET NO. 100] [TO ALLOW SUPPLEMENTAL BRIEFS, DOCKET NO. 133] VERONICA L. DUFFY , Magistrate Judge . INTRODUCTION This matter is before the court based on diversity jurisdiction, 28 U.S.C. 1332, after defendants removed the matter from South Dakota state court. The parties have consented to this magistrate judge handling their case pursuant to 28 U.S.C. 636(c)....
MEMORANDUM OPINION AND ORDER DENYING MOTION TO QUASH SUBPOENAS, OR FOR PROTECTIVE ORDER, DOCKET NO. 86 VERONICA L. DUFFY , Magistrate Judge . INTRODUCTION This matter is before the court on the basis of diversity jurisdiction, 28 U.S.C. 1332, after defendants removed the matter from South Dakota state court. See Docket No. 1, 1-1. The parties have consented to this magistrate judge handling their case pursuant to 28 U.S.C. 636(c). Now pending is Salvatore Torresco, Laura Riffel, and...
MEMORANDUM OPINION AND ORDER DENYING DEFENDANTS' MOTION TO AMEND SCHEDULING ORDER AND TO JOIN PARTIES, DOCKET NO. 109 VERONICA L. DUFFY , Magistrate Judge . INTRODUCTION This matter is before the court on the basis of diversity jurisdiction, 28 U.S.C. 1332, after defendants removed the matter from South Dakota state court. The parties have consented to this magistrate judge handling their case pursuant to 28 U.S.C. 636(c). Plaintiff Larson Manufacturing Company of South Dakota, Inc. (...
ORDER JEFFREY L. VIKEN , Chief District Judge . The court entered an order (1) reversing the decision of the Commissioner of the Social Security Administration ("Commissioner") denying plaintiff Christine C.'s application for benefits, and (2) remanding the case for further administrative proceedings pursuant to sentence four of 42 U.S.C. 405(g). (Docket 21). Pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412, Catherine Ratliff, counsel for Christine C., timely moved...
ORDER JEFFREY L. VIKEN , Chief District Judge . The court entered an order (1) reversing the decision of the Commissioner of the Social Security Administration ("Commissioner") denying plaintiff Ernest S.'s application for benefits, and (2) remanding the case for further administrative proceedings pursuant to sentence four of 42 U.S.C. 405(g). (Docket 19). Pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412, Catherine Ratliff, counsel for Ernest S., timely moved for an...
ORDER JEFFREY L. VIKEN , Chief District Judge . The court entered an order (1) reversing the decision of the Commissioner of the Social Security Administration ("Commissioner") denying plaintiff Dustin A.'s application for benefits, and (2) remanding the case for further administrative proceedings pursuant to sentence four of 42 U.S.C. 405(g). (Docket 33). Pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412, Catherine Ratliff, counsel for Dustin A., timely moved for an...
ORDER JEFFREY L. VIKEN , Chief District Judge . The court entered an order reversing the decision of the Commissioner of the Social Security Administration ("Commissioner") denying plaintiff Elizabeth H.'s application for benefits and remanding the case for further administrative proceedings pursuant to sentence four of 42 U.S.C. 405(g). (Docket 19). Pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412, Catherine Ratliff, counsel for Elizabeth H., timely moved for an...
ORDER CERTIFYING QUESTIONS TO SOUTH DAKOTA SUPREME COURT CHARLES B. KORNMANN , District Judge . Pursuant to SDLRC 15-24A-3, this Court seeks to certify three questions sua sponte to the Supreme Court of the State of South Dakota: (1) Does SDCL 47-34A-303 invalidate personal guarantees signed by members of an LLC in their capacity as members (a) if that LLC has not amended its articles of organization to state that its members are liable for the LLC debts, obligations, and/or liabilities...
