Gore v. Grand Casinos of Louisiana, (1998)

• Court: Tunica-Biloxi Tribal Court
• Writing for the Court: JUDGE KATHRYN FOWLER VAN HOOF
• Decision Date: 13 July 1998
• Docket Number: 96-004
• Citation: Gore v. Grand Casinos of Louisiana (Tunica-Biloxi Tribal Ct. 1998)
• Parties: BARBARA S. GORE AND RONALD K. GORE v. GRAND CASINOS OF LOUISIANA, INC. - TUNICA-BILOXI, ET AL

BARBARA S. GORE AND RONALD K. GORE v. GRAND CASINOS OF LOUISIANA, INC. - TUNICA-BILOXI, ET AL

No. 96-004

In Tunica-Biloxi Tribal Court Tunica-Biloxi Nation

July 13, 1998

WRITTEN REASONS

JUDGE KATHRYN FOWLER VAN HOOF

This matter arises out of a Motion to Continue and/or Motion to Stay Trial filed on behalf of plaintiffs, Barbara S. Gore and Ronald K. Gore. Concurrently with this motion, plaintiffs have filed Recusal Motions, an Exception to Jurisdiction and Request for Transfer. Plaintiffs have also filed a Notice of Intent to Apply for Writs of Supervisory Review, seeking review of the decisions of the tribal court denying the motions for recusal and the Exception to Jurisdiction and Request for Transfer.

The Court is reluctant to grant a continuance of this matter considering the length of time that this matter has already been pending, the time and effort already expended by the parties toward preparation for trial in three days' time and the eleventh hour filing of the present motions. Unfortunately, time is not sufficient to allow for appellate review of the recent decisions of the tribal court prior to trial presently scheduled for July 13, 1998. It is necessary for the appellate court to determine whether appeal is appropriate at this time under tribal law and, if so, to review the decisions made.

For these reasons, the motion of plaintiffs, Barbara S. Gore and Ronald K. Gore, for continuance is granted.

WRITTEN REASONS SIGNED this 10th day of July, 1998 at Marksville Louisiana.

KATHRYN FOWLER VAN HOOF Tunica-Biloxi Tribal Court

JUDGMENT

FOR ORAL REASONS ASSIGNED this date and considering the Order signed July 10, 1998 that plaintiffs, Barbara S. Gore and Ronald K. Gore, be given until July 24, 1998 within which to file Application for Writs of Supervisory Review with the Court of Appeals for the Tunica-Biloxi Tribal Court considering the Application for Writs of Supervisory Review filed on behalf of plaintiffs on July 24, 1998, the notice of estimated costs due filed in the record of these proceedings on July 24, 1998 and the Order signed August 21, 1998 that estimated costs be paid by plaintiffs on or before September 2, 1998, considering the Order of this court that plaintiffs appear and show cause why the Application for Writs of Supervisory Review should not be dismissed for failure to pay costs when due, and considering that good cause has not been shown for the failure of plaintiffs to pay estimated costs to date, it is

ORDERED that the Application for Writs of Supervisory Review be and it is dismissed for failure to pay costs when due.

IT IS FURTHER ORDERED that, notwithstanding the previous motion filed with the trial court, all rights of plaintiffs to file a Motion to Determine Plaintiffs' Entitlement to Supervisory Writs with the Court of Appeal for the Tunica-Biloxi Nation are preserved.

ORDER SIGNED this 30th day of September, 1998 at Marksville, Louisiana.

KATHRYN FOWLER VAN HOOF Tribal Judge

ORDER

Considering the foregoing Motion for Reasonable Time Within Which to File its Application for Writs of Supervisory Review seeking review of the trial court's denial of the plaintiff's Exception of Jurisdiction and Request for Transfer; denying plain...