Gardner v. Littlejohn

9 Am. Tribal Law 431
CourtHo-Chunk Nation Trial Court
DecidedFebruary 2, 2011
DocketNo. CV 10-47
StatusPublished
Cited by1 cases

This text of 9 Am. Tribal Law 431 (Gardner v. Littlejohn) is published on Counsel Stack Legal Research, covering Ho-Chunk Nation Trial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gardner v. Littlejohn, 9 Am. Tribal Law 431 (hochunkct 2011).

Opinion

[433]*433ORDER

AMANDA L. ROCKMAN, Associate Judge.

INTRODUCTION

The Court must determine whether it has subject matter jurisdiction over this defamation action, and concludes that defamation existed under the customs and traditions of the Ho-Chunk Nation. The Court finds that the plaintiff has shown that she was not terminated from her employment for an inability to administer third party billing, and thus did not seek to have said termination overturned due to nepotism. Therefore, the Court finds that the April 14, 2010 document penned by the “Nioxawani Political Activists,” which was titled, Contract Employees: Shadowy Government, defamed the plaintiff. Regarding the defamation action, there is no genuine issue of material fact in dispute for the defendants: Tracy Littlejohn, Ronald Anwash, Jeremy P. Rockman, and Nettie J. Kingsley. Nonetheless, the defendants, Jeremy P. Rockman, and Boye Ladd, Sr., Ronald Anwash, properly assert a traditional privilege. The defendant, Nettie J. Kingsley indicated that the traditional privilege may extend to her. The defendants, Tracy Littlejohn and Steve Radtke did not assert that any traditional privilege. However, regarding the defamation action, there is a genuine issue of material fact in dispute for the defendants, Lawrence Littlegeorge, Jr., Boye Ladd, Sr., and Steve Radtke. The analysis of the Court follows below.

PROCEDURAL HISTORY

The Court recounts the procedural history in significant detail within its December 23, 2010 Order (Denying Defendants’ [434]*434July 2010 Motions to Dismiss). The defendant, Jeremy P. Roekman filed a September 23, 2010 Motion to Dismiss, and the plaintiff, Rita A. Gardner, filed an October 15, 2010 Motion for Summary Judgment. On October 21, 2010, Mr. Roekman submitted a response to the Motion to Dismiss. Consequently, the Court issued a Notice of Hearing on October 26, 2010. On October 29, 2010, the plaintiff filed a Response to Defendant’s [sic ] Motion to Dismiss filed September 23, 2010, Plaintiff’s Final Witness List, Affidavit of Lori Osmvski, Affidavit of Daniel Brown, and Certificate of Legislative Secretary Hope B. Smith.

On November 2, 2010, the Court convened a Hearing for the purpose of allowing the parties to present oral arguments regarding the defendant’s Motion to Dismiss and the plaintiffs Motion for Summary Judgment. The Court convened the Motion Hearing at 9:00 a,m. CST. The following parties appeared at the Hearing: Defendant Lawrence Littlegeorge, Jr.; Defendant Ronald Anwash; Defendant Nettie J. Kingsley; Defendant Jeremy P. Roekman; and Defendant Boye Ladd, Sr.

APPLICABLE LAW

CONSTITUTION OF THE HO-CHUNK NATION

Article VII—Judiciary

Sec. 5. Jurisdiction of the Judiciary

(a) The Trial Court shall have original jurisdiction over all cases and controversies, both criminal and civil, in law or in equity, arising under the Constitution, laws, customs, and traditions of the Ho-Chunk Nation, including cases in which the Ho-Chunk Nation, or its officials and employees, shall be a party. Any such case or controversy arising within the jurisdiction of the Ho-Chunk Nation shall be filed in the Trial Court before it is filed in any other court. This grant of jurisdiction by the General Council shall not be construed to be a waiver of the Nation’s sovereign immunity.

JUDICIARY ESTABLISHMENT AND ORGANIZATION ACT

12. Traditional Dispute Resolution. The Judiciary shall provide for the establishment, operation, and funding of the Nation’s Traditional Court to assist the Judiciary whenever possible with the resolution of cases or controversies involving Tribal members.

HO-CHUNK NATION RULES OF CIVIL PROCEDURE

Rule 8. Requests to Appear before the Traditional Court.

(B) Requests for Assistance on Matters of Custom and Tradition. Upon a motion of the Court or by a party, the Trial Court may request assistance from the Traditional Court on matters relating to custom and tradition of the Nation, pursuant to the Ho-Chunk Nation Judiciary Establishment and Organization Act, 1 HCC § 1.12.

Rule 44. Presence of Parties and Witnesses.

(C) Failure to Appear. If any party fails to appear at a hearing or trial for which they received proper notice, the case may be postponed or dismissed, a judgment may be entered against the absent party, or the Court may proceed to hold the hearing or trial.

Rule 55. Summary Judgment.

Any time after the date an Answer is due or filed, a party may file a Motion for Summary Judgment on any or all of the issues presented in the action. The Court will render summary judgment in favor of [435]*435the moving party if there is no genuine issue as to material fact and the moving party is entitled to judgment as a matter of law.

Rule 56. Dismissal of Actions.

(A) Voluntary Dismissal. A plaintiff may file a Notice of Dismissal any time prior to the filing of an Answer. The Complaint will be dismissed without prejudice.

(B) Involuntary Dismissal. After an Answer has been filed, a party must file a Motion to Dismiss. A Motion to Dismiss will be granted at the discretion of the Court. A Motion to Dismiss may be granted for a lack of jurisdiction; if there has been no Order or other action in a case for six (6) months; if a party substantially fails to comply with these rules; if a party substantially fails to comply with an order of the Court; if a party fails to establish the right to relief following presentation of all evidence up to and including trial; or, if the plaintiff so requests.

(C) Sua Sponte Dismissal. The Court, on its own motion, may move to dismiss an action if there has been no filing or other activity on the record for six (6) months, if a party substantially fails to comply with these rules, or if a party substantially fails to comply with an order of the Court. The Court shall give written Notice to all parties that the action will be dismissed after thirty (30) calendar days unless good cause is shown in writing prior to the end of the thirty day period. No further Notice is necessary for the Court to enter a dismissal.

Rule 58. Amendment to or Relief from Judgment or Order.

(A)Relief from Judgment. A Motion to Amend, or for relief from judgment, including a request for a new trial shall be made within ten (10) calendar days of the filing of judgment. The Motion must be based on an error or irregularity which prevented a party from receiving a fair trial or a substantial legal error which affected the outcome of the action.

(B) Motion for Reconsideration. Upon motion of the Court or by motion of a party made not later than ten (10) calendar days after entry of judgment, the Court may amend its findings or conclusions or make additional findings or conclusions, amending the judgment accordingly. The motion may be made with a motion for a new trial. If the Court amends the judgment, the time for initiating an appeal commences upon entry of the amended judgment.

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Related

Gardner v. Littlejohn
13 Am. Tribal Law 111 (Ho-Chunk Nation Supreme Court, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
9 Am. Tribal Law 431, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gardner-v-littlejohn-hochunkct-2011.