White Hawk et al v. Tribal EM et al

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
WESTERN DIVISION
ARDEGENE R. WHITE HAWK,
INDIVIDUALLY AND AS SPECIAL
ADMINISTRATOR AND PERSONAL
REPRESENTATIVE OF THE ESTATE
OF LYNETTE, A. GOGGLES,
DECEASED; AND 	ESTATE OF
LYNETTE A. GOGGLES,
Plaintiffs,
vs.
TRIBAL EM, DR. NELSON I.
SANABRIA, LACY J. CORTES,
HEATHER A. JOHNSON, MEAGAN
ULMER, 	DALE AVIATION, INC.,
JOHN DOES ONE THROUGH SEVEN,
INDIVIDUALLY, AND JOINTLY, AND
SEVERALLY; AND 	THE UNITED
STATES OF AMERICA,
Defendants .
5:2 1-CV-05089-LLP
ORDER GRANTING MOTION TO
WITHDRAW (DOC 33)
AND
ORDER DENYING AS MOOT
MOTION TO COMPEL (DOC. 16)
AND MOTION FOR DEFAULT
JUDGMENT AND/OR SANCTIONS
(DOC. 19)
Plaintiff Ardegene R. White Hawk, Individually, and as Special
Administrator and Personal Representative of the Estate of Lynette A. Goggles
filed a motion to compe l the Defendants , specifically Tribal EM, Lacy J . Cortes,
Heather A. Johnson, and Meagan Ulmer, to respond to the requested written
discovery in Plaintiffs' First Set of Interrogatories and Requests for Production
of Documents to Defendants, which were dated and served via the state court
system on all of the above - named Defendants on June 9, 2021. 	(Doc. 16).
Plaintiff also filed a motion for default judgment and/ or sanctions against the
above-described Defendants arising from the discovery dispute . 	(Doc. 19). 	The
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Defendants filed briefs and affidavits in opposition to the Plaintiffs' motion.
(Doc. 26, 28, 30, 31) .
The motions were referred to the Magistrate Judge pursuant to 28 U.S.C.
§ 636(b)(l)(B), United States District Court District of South Dakota 's Local
Rule (LR) 72. l(C), and Dockets 22, 25.
Initially, the court scheduled a hearing on the motions for December 28,
2022 . 	However, in lieu of the hearing, the court directed the parties to meet
and confer per Local Rule 37.1 at the time and place previously schedu led for
the hearing. 	As a result of the meeting, plaintiff's counsel has filed an
unopposed motion to withdraw the Motion to Compel and the Motion for
Default Judgment. 	(Docket 33).
Good cause appearing, the Motion to Withdraw (Doc. 33) is granted and
the Motion to Compe l (Doc. 16) and the Motion for Default Judgment (Doc. 19)
are denied as moot.
DATED this 4th day of January, 2023.
BY THE COURT:
DANE
United States Magistrate Judge
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