Herx v. Diocese of Fort Wayne-South Bend Inc et al
Plaintiff: Emily Herx
Defendant: Diocese of Fort Wayne-South Bend Inc and St Vincent de Paul School
Case Number: 1:2012cv00122
Filed: April 20, 2012
Court: US District Court for the Northern District of Indiana
Office: Fort Wayne Office
County: Allen
Presiding Judge: Roger B Cosbey
Presiding Judge: Robert L Miller
Nature of Suit: Employment
Cause of Action: 42 U.S.C. ยง 2000
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
September 24, 2015 Opinion or Order Filing 264 OPINION AND ORDER DENYING AS MOOT 220 Motion to Stay proceedings pending disposition of its post-trial motions; DENIED without prejudice 252 Motion for Writ of execution; GRANTING 255 Motion to Stay enforcement of the judgment pending appeal and waive the bond requirement. The court further DIRECTS that the Diocese set aside funds sufficient to satisfy the $403,607.33 judgment, together with post-judgment interest through this date, plus an additional ten percent of the amount of t he judgment, in a restricted account to be used solely for that purpose. The Diocese is to establish that account within ten days of this date and file notice with the court and counsel for Mrs. Herx that it has done so. Signed by Judge Robert L Miller, Jr on 9/24/15. (mlc)
July 7, 2015 Opinion or Order Filing 247 OPINION AND ORDER: DEFERRING ruling on 218 MOTION for Judgment as a Matter of Law by Defendant Diocese of Fort Wayne-South Bend Inc, as outlined in Order. Signed by Judge Robert L Miller, Jr on 7/7/2015. (lhc)
March 9, 2015 Opinion or Order Filing 237 OPINION AND ORDER re 218 MOTION for Judgment as a Matter of Law by Defendant Diocese of Fort Wayne-South Bend Inc. The court DENIES the dft's renewed motion for judgment as a matter of law and DEFERS ruling on the alternative motion for remittitur or new trial until the pla notifies the court whether she will accept the remittitur. Signed by Judge Robert L Miller, Jr on 3/9/2015. (lhc)
January 12, 2015 Opinion or Order Filing 210 OPINION AND ORDER GRANTING IN PART and DENYING IN PART 205 MOTION to Reduce Damages Pursuant to the Applicable Statutory Cap of $300,000 by Diocese of Fort Wayne-South Bend Inc. The award of compensatory damage is reduced to $299,999.00. The punitive damages award of $1.00 remains unchanged. The award for medical care of $125,000.00 remains unchanged. The award for lost wages and benefits is increased to $118,803.00, consisting of $88,450.00 for lost wages, $ 7,500.00 for lost tuition benefits for Plaintiff's son for 2-1/2 years, and $22,853.00 for post-termination out-of-pocket health care costs. Clerk DIRECTED to enter judgment in favor of Plaintiff Emily Herx and against Defendant Diocese of Fort Wayne-South Bend, Inc in the total amount of $543,803.00. Signed by Judge Robert L Miller, Jr on 1/12/15. (cer)
September 3, 2014 Opinion or Order Filing 135 OPINION AND ORDER: GRANTING 120 MOTION for Summary Judgment by Defendants Diocese of Fort Wayne-South Bend Inc, St Vincent de Paul School, with respect to the plaintiff's claim under the Americans with Disabilities Act, and DENYING the motion with respect to the plaintiff's claim under Title VII. Signed by Judge Robert L Miller, Jr on 9/3/2014. (lhc)
October 7, 2013 Opinion or Order Filing 94 OPINION AND ORDER GRANTING IN PART and DENYING IN PART 86 MOTION to Compel Defendants' Complete Responses to Written Discovery filed by Emily Herx. Defendants shall produce, subject to the terms of the Protective Order, the documents, answers to interrogatories, and requests for admission ordered herein on or before 11/4/2013. Signed by Magistrate Judge Roger B Cosbey on 10/7/13. (cer)
May 8, 2013 Opinion or Order Filing 80 OPINION AND ORDER DENYING 78 MOTION for Protective Order (Unopposed) by Defendants Diocese of Fort Wayne-South Bend Inc, St Vincent de Paul School. The parties may submit a revised protective order consistent with the requirements of Federal Rule of Civil Procedure 26(c)(7) and Seventh Circuit case law. Signed by Magistrate Judge Roger B Cosbey on 5/8/13. (cer)
September 5, 2012 Opinion or Order Filing 45 OPINION AND ORDER: OVERRULING 36 Ms. Herx's Objections and AFFIRMING 33 Magistrate Judge Cosbey's 7/12/12 rulings in their entirety. Signed by Judge Robert L Miller, Jr on 9/5/12. (jld)
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Plaintiff: Emily Herx
Represented By: Sarah Elizabeth Caldwell
Represented By: Kathleen A DeLaney
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Defendant: Diocese of Fort Wayne-South Bend Inc
Represented By: M Scott Hall
Represented By: John C Theisen
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Defendant: St Vincent de Paul School
Represented By: M Scott Hall
Represented By: John C Theisen
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