Cherokee Nation Businesses LLC v. Arkansas, State of
This text of Cherokee Nation Businesses LLC v. Arkansas, State of (Cherokee Nation Businesses LLC v. Arkansas, State of) is published on Counsel Stack Legal Research, covering District Court, E.D. Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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
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. oll Jo D.P. Marshall Jr. United States District Judge so mM obiGf, 20ras
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