Wilson v. Allen County et al
| Calvin Wilson, David Blume and Asia Marshall |
| Allen County Board of Commissioners, Allen County Public Defender Board, Allen County Council and Allen County |
| Daniel J Sigler |
| 1:2015cv00402 |
| December 31, 2015 |
| US District Court for the Northern District of Indiana |
| Fort Wayne Office |
| Allen |
| Susan L Collins |
| Theresa L Springmann |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Filing 144 STIPULATION to Dismiss by Plaintiff Calvin Wilson. (Myers, Christopher) |
| CASE DISMISSED WITH PREJUDICE pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure re #144 Revised Stipulation of Dismissal. (rs) |
Filing 143
OPINION AND ORDER: The Court STRIKES the Stipulation to Dismiss #142 . The Court GRANTS the parties leave to file a motion to dismiss with or without prejudice as outlined in Order. The Court REAFFIRMS the telephonic status conference set for 4/9/2020, at 10:00 a.m. (central time) to be initiated by the Court, unless the parties file the necessary documentation for dismissal prior to that date. Signed by Chief Judge Theresa L Springmann on 3/31/2020. (lhc)
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| Filing 142 *STRICKEN pursuant to #143 * Joint MOTION to Dismiss With Prejudice by Plaintiff Calvin Wilson. (Myers, Christopher) Modified on 4/1/2020 (lhc). |
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Filing 141
ORDER FOR CHIEF JUDGE THERESA L SPRINGMANN; Telephonic Status Conference SET for 4/9/2020 10:00 AM (CENTRAL TIME) in US District Court - Hammond before Chief Judge Theresa L Springmann. Court to initiate the call. Unless an appropriate stipulation of dismissal pursuant to Fed. R. Civ. P.41(a)(1) is filed. (rs)
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Filing 140
OPINION AND ORDER GRANTING in part and DENYING in part #137 MOTION to Dismiss Third Amended Complaint filed by Allen County Public Defender Board, Allen County Board of Commissioners, Allen County Council and ORDERING that the claims brought by Plaintiff Asia Marshall individually are hereby DISMISSED without prejudice. The case remains pending as to Plaintiff Calvin Wilson. Signed by Chief Judge Theresa L Springmann on 2/5/2020. (Copy mailed to pro se party)(bas)
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Filing 139
ORDER regarding #137 MOTION to Dismiss Third Amended Complaint filed by Allen County Public Defender Board, Allen County Board of Commissioners, Allen County Council. Because Plaintiff Asia Marshall is proceeding without counsel, the Court ORDERS that the deadline for Plaintiff Asia Marshall to file her response to the Defendants Motion to Dismissthe Third Amended Complaint [ECF No. 45] is extended to October 25, 2019. Signed by Chief Judge Theresa L Springmann on 10/9/19. (Copy mailed to pro se party Asia Marshall)(mlc)
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| Filing 138 MEMORANDUM in Support of #137 MOTION to Dismiss Third Amended Complaint filed by Allen County Board of Commissioners, Allen County Council, Allen County Public Defender Board. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Posey, James) |
| Filing 137 MOTION to Dismiss Third Amended Complaint by Defendants Allen County Board of Commissioners, Allen County Council, Allen County Public Defender Board. (Posey, James) |
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Filing 136
ORDER FOR CHIEF JUDGE THERESA L SPRINGMANN. The Court being duly advised GRANTS #134 MOTION for Extension of Time to File Motion to Dismiss. Motion to dismiss to be filed by 9/9/2019. The Court STRIKES #135 as improperly filed.(rs)
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| Filing 135 STRICKEN per 136 Proposed Pretrial Order Granting Motion for Extension of Time to File Motion to Dismiss by Allen County Board of Commissioners, Allen County Council, Allen County Public Defender Board. (Feighner, J) Modified on 9/5/2019 (rs). |
| Filing 134 MOTION for Extension of Time to File Motion to Dismiss by Defendants Allen County Board of Commissioners, Allen County Council, Allen County Public Defender Board. (Feighner, J) |
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Filing 133
ORDER: Defendants' Motion to Enforce Settlement Agreement #104 is DENIED. Plaintiff Asia Marshall's Petition for Relief #116 is GRANTED IN PART and DENIED IN PART; to the extent it asks the Court to decline to enforce the settlement agreement, it is GRANTED; all other relief is DENIED. Defendants' Motion to Dismiss Plaintiff's Third Amended Complaint #82 was terminated only because the parties reported they had reached a settlement. Therefore, the Defendants are granted until 08/26/2019 to re-file their Motion to Dismiss. Signed by Chief Judge Theresa L Springmann on 07/25/2019. (jat)
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Filing 132
ORDER for Magistrate Judge Susan Collins: The #131 Motion to Withdraw is granted. The appearance of Atty David W Frank is hereby withdrawn on behalf of Pla. Text entry order.(mr)
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| Filing 131 MOTION to Withdraw as Attorney by Plaintiff Calvin Wilson. (Attachments: #1 Exhibit Proposed Order)(Frank, David) |
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Filing 130
ORDER: On May 14, 2019, the case was transferred back to Judge Springmann. The Court anticipates ruling on the pending Motions [ECF Nos. 104 and 116] within fifteen (15) days.Therefore #126 MOTION for Order on Motion to Enforce and Other Relief and #127 MOTION to assign new Judge, request for order on motion to dismiss enforcement of settlement and request for order on motion to grant petition for relief are DENIED as MOOT. Signed by Chief Judge Theresa L Springmann on 7/17/2019. (rs)
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Filing 129
ORDER REASSIGNING CASE. Case reassigned to Chief Judge Theresa L Springmann for all further proceedings. Judge William C Lee no longer assigned to case. Signed by Judge William C Lee on 5/14/2019. (copy mailed to pro se party) (lns) Modified on 5/14/2019 to add routing (lns).
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Filing 128
ORDER REASSIGNING CASE. Case reassigned to Judge William C Lee for all further proceedings. Judge Holly A Brady no longer assigned to case. Signed by Judge Holly A Brady on 5/10/19. (cc: Asia Marshall). (cer)
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| Filing 127 MOTION to assign new Judge, request for order on motion to dismiss enforcement of settlement and request for order on motion to grant petition for relief by Plaintiff Asia Marshall. (mrm) |
| Filing 126 MOTION for Order on Motion to Enforce and Other Relief by Plaintiff Calvin Wilson. (Myers, Christopher) |
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Filing 125
ORDER REASSIGNING CASE. Case reassigned to Judge Holly A Brady for all further proceedings. Chief Judge Theresa L Springmann no longer assigned to case. Signed by Chief Judge Theresa L Springmann on 5/1/2019. (rs)
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| Filing 124 TELEPHONIC STATUS CONFERENCE held on 2/5/2019 before Chief Judge Theresa L Springmann. Pla Calvin Wilson appeared by atty David Frank. Pla Asia Marshall appeared Pro Se. Dfts appeared by attys J. Spencer Feighner, John Feighner, Laura Maser and James Posey. Parties advise as to case status. Pla Asia Marshall confirms that she continues to represent herself. Court anticipates issuing a ruling in approximately 30 days re #104 Motion to Enforce Settlement Agreement. (cc: Asia Marshall). (Court Reporter FTR.) (cer) |
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Filing 123
ORDER FOR CHIEF JUDGE THERESA L SPRINGMANN: On the Court's own motion due to a scheduling conflict the Telephonic Status Conference set for 1/25/2019 is VACATED and RESET to 2/5/2019 at 10:30 AM (INDIANA EASTERN TIME) in US District Court - Fort Wayne before Chief Judge Theresa L Springmann. Court will initiate call. (cer)
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| Filing 122 REPLY to Response to Motion re #116 MOTION for Relief filed by Asia Marshall. (lns) |
| Filing 121 RESPONSE to Motion re #116 MOTION for Relief filed by Allen County Board of Commissioners, Allen County Council, Allen County Public Defender Board. (Posey, James) |
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Filing 120
ORDER for Magistrate Judge Susan Collins: The #118 Joint Motion for Extension of Time to Respond to Pla's Petition for Relief is granted. Dfts, Allen County Council, the Board of Commissioners of the County of Allen, and the Allen County Public Defender Board are granted to and including 12/13/2018 to respond to Pla's #116 Petition for Relief. Text entry order. (mr)
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| Filing 119 RESPONSE to Motion re #116 MOTION for Relief filed by Calvin Wilson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Myers, Christopher) |
| Filing 118 Joint MOTION for Extension of Time to File Response/Reply as to #116 MOTION for Relief by Defendant Allen County Public Defender Board. (Feighner, J) |
| Filing 117 CERTIFICATE OF SERVICE by Asia Marshall re #116 Petition for Relief. (lns) |
| Filing 116 PETITION for Relief by Plaintiff Asia Marshall. (lhc) |
| Filing 115 TELEPHONIC STATUS CONFERENCE held on 10/29/2018 before Chief Judge Theresa L Springmann. Pla Calvin Wilson appeared by and with attys David Frank and Christopher Myers. Pla Asia Marshall appeared on her own behalf. Dfts appeared by attys J. Spencer Feighner, John Feighner, Laura Maser and James Posey. Parties advise as to case status. Pla Calvin Wilson confirms he wishes to have attys David Frank and Christopher Myers continue to represent him, that he has no objection to the terms of the Settlement Agreement, and that he agrees to continue in the case in an individual capacity and as class representative. Pla Asia Marshall requests that attys David Frank and Christopher Myers withdraw their appearance. The Court GRANTS #107 Motion to Withdraw as Attorney for reasons stated on the record. Pla Asia Marshall is proceeding pro se and is given until 11/30/2018 in which to retain counsel or file a written document advising the Court as to why the Settlement Agreement should not be approved. Court KEEPS UNDER ADVISEMENT #104 Motion to Enforce Settlement Agreement. Telephonic Status Conference SET for 1/25/2019 at 02:00 PM (INDIANA EASTERN TIME) in US District Court - Fort Wayne before Chief Judge Theresa L Springmann. Court will initiate call. (cc: Asia Marshall). (Court Reporter FTR.) (cer) |
| Filing 114 REPORT by Asia Marshall, Calvin Wilson Supplemental Report to the Court. (Attachments: #1 Exhibit)(Myers, Christopher) |
| Filing 113 NOTICE of Appearance by Christopher C Myers on behalf of Calvin Wilson (Myers, Christopher) |
| Filing 112 REPORT by Calvin Wilson . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Frank, David) |
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Filing 111
ORDER FOR CHIEF JUDGE THERESA L SPRINGMANN: The Court being duly advised GRANTS Dft's #110 Unopposed Motion to Reschedule Telephonic Status Conference. Telephonic Status Conference set for 10/18/2018 is VACATED and RESET to 10/29/2018 at 10:30 AM (INDIANA EASTERN TIME) in US District Court - Fort Wayne before Chief Judge Theresa L Springmann. Court will initiate call. Should any of the parties find it necessary to file a motion to continue the telephonic conference, counsel are to include in the motion several dates of availability. (cer)
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| Filing 110 MOTION to Continue and Reschedule Telephonic Status Conference by Defendant Allen County Council. (Posey, James) |
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Filing 109
ORDER FOR CHIEF JUDGE THERESA L SPRINGMANN: Telephonic Status Conference SET for 10/18/2018 at 01:00 PM (INDIANA EASTERN TIME) in US District Court - Fort Wayne before Chief Judge Theresa L Springmann. Court will initiate call. (cer)
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Filing 108
ORDER for Magistrate Judge Susan Collins: The Court on its own motion VACATES the telephonic Status Conference set for 10/3/2018 at 10:00 am. Text entry order.(mr)
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| Filing 107 MOTION to Withdraw as Attorney for Asia Marshall by Plaintiff Calvin Wilson. (Frank, David) |
| Filing 106 Letter from Asia Marshall regarding attorney. (sct) |
| Filing 105 LETTER emailed to Judge Collins chambers on 9/19/2018 by Plaintiff, Asia Marshall (mr) |
| Filing 104 MOTION for Settlement Defendants' Motion to Enforce Settlement Agreement by Defendants Allen County Board of Commissioners, Allen County Council, Allen County Public Defender Board. (Attachments: #1 Exhibit Affidavit)(Posey, James) |
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Filing 103
ORDER FOR CHIEF JUDGE THERESA L SPRINGMANN: Pursuant to the parties' report that they have reached a settlement, the Court TERMS the #82 Motion to Dismiss the Plaintiffs' Third Amended Complaint WITH LEAVE TO REINSTATE after the scheduled status conference, if necessary. (cer)
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| Filing 102 TELEPHONIC STATUS CONFERENCE held on 8/22/2018 before Magistrate Judge Susan L Collins. Plas appeared by atty David Frank. Dfts appeared by attys John Feighner, Spencer Feighner, James Posey and Laura Maser. Atty Frank advises Pla(s) reviewing settlement agreement. Counsel for Dfts report case was settled and will file a motion to enforce settlement in event Pla Asia Marshall does not sign the agreement. Further telephonic Status Conference set for 10/3/2018 at 10:00 am. Court to initiate call. Status Conference to be converted to hearing on motion to enforce settlement in event one is filed. (FTR 1st floor.) (mr) |
| Filing 101 NOTICE of Hearing: Telephonic Status Conference set for 8/22/2018 at 10:00 AM in US District Court - Fort Wayne before Magistrate Judge Susan L Collins. Court to initiate call.(mr) |
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Filing 100
ORDER for Magistrate Judge Susan Collins: #99 Dfts' Unopposed Motion to Vacate Deadline to File Reply is granted. The Court STAYS further briefing on the #82 Motion to Dismiss due to the parties' report that they have reached a settlement in principal. Text entry order.(mr)
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| Filing 99 MOTION to Vacate 98 Order on Motion for Extension of Time to File Response/Reply, by Defendants Allen County Board of Commissioners, Allen County Council, Allen County Public Defender Board. (Posey, James) |
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Filing 98
ORDER for Magistrate Judge Susan Collins: #97 Dfts' Second Unopposed Joint Motion for Extension of Time is granted. Dfts granted to and including 6/18/2018 to file a reply to Plas' First Amended Brief in Support of Response in Opposition to Defendants' Motion. Text entry order. (mr)
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| Filing 97 Second MOTION for Extension of Time to File Response/Reply as to #85 Brief in Opposition to Defendants' Motion by Defendants Allen County Board of Commissioners, Allen County Council, Allen County Public Defender Board. (Posey, James) |
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Filing 96
ORDER for Magistrate Judge Susan Collins: #95 Defendants' Unopposed Joint Motion for Extension of Deadline is granted. Defendants granted to and including 5/17/2018 to file a reply to Plaintiffs' First Amended Brief in Support of Response in Opposition to Defendants' Motion. Text entry order. (mr)
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| Filing 95 Joint MOTION for Extension of Time to File Response/Reply as to #85 Brief in Opposition to Defendants' Motion by Defendants Allen County Board of Commissioners, Allen County Council, Allen County Public Defender Board. (Posey, James) |
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Filing 94
OPINION AND ORDER GRANTING #88 First MOTION to Amend/Correct #85 Brief in Opposition filed by Calvin Wilson, Asia Marshall. Defendants have to and including 4/17/2018 to file a reply to the Motion to Dismiss (DE #82). Signed by Chief Judge Theresa L Springmann on 3/27/18. (ksp)
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| Filing 93 REPLY to Response to Motion re #88 First MOTION to Amend/Correct #85 Brief in Opposition filed by Asia Marshall, Calvin Wilson. (Frank, David) |
| Filing 92 RESPONSE to Motion re #88 First MOTION to Amend/Correct #85 Brief in Opposition filed by Allen County Board of Commissioners. (Attachments: #1 Exhibit A - Affidavit of Randall Hammond)(Feighner, John) |
| Filing 91 TELEPHONIC HEARING re #89 Dfts' Joint Motion for Extension of Time to File Reply held on 10/3/2017 before Magistrate Judge Susan L Collins. Plas appeared by atty David Frank. Dfts appeared by attys James Posey, Spencer Feighner and Laura Maser. Arguments heard. Court grants #89 Joint Motion for Extension of Time. The deadline is extended for the Dfts to file a reply to the Plas' Response to Dfts' Motion to Dismiss to 7 days from the date the Court rules on the #88 Pls' Motion for Leave to File First Amended Brief. (FTR 1st floor.) (mr) |
| Filing 90 NOTICE of Hearing: Telephonic hearing on #89 Joint Motion for Extension of Time to File Reply set for 10/3/2017 at 2:30 PM in US District Court - Fort Wayne before Magistrate Judge Susan L Collins. Court to initiate call.(mr) |
| Filing 89 Joint MOTION for Extension of Time to File Response/Reply as to #84 Response to Motion by Defendants Allen County Board of Commissioners, Allen County Council, Allen County Public Defender Board. (Attachments: #1 Exhibit, #2 Exhibit)(Posey, James) |
| Filing 88 First MOTION to Amend/Correct #85 Brief in Opposition by Plaintiffs Asia Marshall, Calvin Wilson. (Attachments: #1 Exhibit First Amended Brief, #2 Exhibit Proposed Order)(Frank, David) |
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Filing 87
ORDER for Magistrate Judge Susan Collins: The #86 Motion to Withdraw is granted. The appearance of Attorney Skyler B Spurling-Newsome is hereby withdrawn on behalf of Plas. Text entry order.(mr)
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| Filing 86 MOTION to Withdraw as Attorney by Plaintiffs David Blume, Asia Marshall, Calvin Wilson. (Spurling-Newsome, Skyler) |
| Filing 85 BRIEF in Opposition to #82 MOTION to Dismiss Plaintiff's Third Amended Complaint filed by Asia Marshall, Calvin Wilson. (Frank, David) |
| Filing 84 RESPONSE to Motion re #82 MOTION to Dismiss Plaintiff's Third Amended Complaint filed by Asia Marshall, Calvin Wilson. (Frank, David) |
| Filing 83 MEMORANDUM in Support of #82 MOTION to Dismiss Plaintiff's Third Amended Complaint filed by Allen County Board of Commissioners, Allen County Council, Allen County Public Defender Board. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Posey, James) |
| Filing 82 MOTION to Dismiss Plaintiff's Third Amended Complaint by Defendants Allen County Board of Commissioners, Allen County Council, Allen County Public Defender Board. (Posey, James) |
| Filing 81 STATUS CONFERENCE and hearing on #79 Joint Motion to Extend Discovery Deadline held on 9/13/2017 before Magistrate Judge Susan L Collins. Plas appeared by atty David Frank. Dfts appeared by attys Spencer Feighner, Laura Maser and James Posey. For reasons stated on the record, Court grants motion. Deadline for discovery to be extended 60 days and deadline for Dfts to respond to Plas' written expert discovery to be extended 30 days from Court's issuance of an order re the motion to dismiss that Dfts anticipate filing by 9/15/2017. (FTR 1st floor.) (mr) |
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Filing 80
ORDER for Magistrate Judge Susan Collins: The #79 Joint Motion to Extend Discovery Deadline will be heard at the Status Conference set for 9/13/2017 at 10:00 am. Text entry order.(mr)
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| Filing 79 Joint MOTION for Extension of Time to Complete Discovery by Defendant Allen County Public Defender Board. (Feighner, John) |
| Filing 78 CASE DISMISSED, WITH PREJUDICE AGAINST David Blume, pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, #77 Stipulation to Dismiss. (jlb) |
| Filing 77 STIPULATION to Dismiss Plaintiff Blume by Plaintiffs Asia Marshall, Calvin Wilson, David Blume. (Frank, David) |
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Filing 76
OPINION AND ORDER: The Court DENIES, WITH LEAVE TO REFILE, the Plaintiff's First Amended Motion for Class Certification #48 . The Court GRANTS the Defendants until 9/15/2017, to file their Motion to Dismiss. Signed by Chief Judge Theresa L Springmann on 8/14/2017. (jss)
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| Set/Reset Deadlines: Defendants to file Motion to Dismiss by 9/15/2017 (jss) |
| Filing 75 HEARING re #72 Dfts' Joint Motion to Extend the Close of Discovery held on 6/20/2017 before Magistrate Judge Susan L Collins. Plas appeared by atty David Frank. Dfts appeared by attys James Posey, William Fishering and Spencer Feighner. Court grants unopposed motion and extends discovery deadline to 9/13/2017. Status Conference set for 9/13/2017 at 10:00 am in US District Court Fort Wayne before Magistrate Judge Susan L Collins. (FTR 1st floor.) (mr) |
| Filing 74 NOTICE of Appearance by G William Fishering on behalf of Allen County Board of Commissioners (Fishering, G) |
| Filing 73 NOTICE of Hearing: In-person hearing on #72 Dfts' Joint Motion to Extend the Close of Discovery set for 6/20/2017 11:00 AM in US District Court - Fort Wayne before Magistrate Judge Susan L Collins. (mr) |
| Filing 72 Joint MOTION for Extension of Time to Complete Discovery /Extend Close of Discovery by Defendants Allen County Board of Commissioners, Allen County Council, Allen County Public Defender Board. (Posey, James) |
| Filing 71 ENTRY for Magistrate Judge Susan Collins: The unopposed #70 Motion for Leave to File Expert Witness Report in Opposition of Motion for Class Certification is granted. Dfts granted leave to supplement their response to Plas' Motion for Class Certification with their Fed. R. Civ. P. 26(1)(2) expert witness report. So Ordered. (mr) |
| Filing 70 MOTION for Leave to File Expert Witness Report in Opposition of Motion for Class Certification by Defendants Allen County, Allen County Board of Commissioners, Allen County Council, Allen County Public Defender Board. (Attachments: #1 Exhibit Exhibit A)(Feighner, J) |
| Filing 69 ENTRY for Magistrate Judge Susan Collins: #67 Dfts' Joint Motion for Extension of Time is granted. Dfts expert witness disclosures and reports to be delivered to the Pla by 5/29/2017. So Ordered. (mr) |
| Filing 68 ENTRY for Magistrate Judge Susan Collins: Pla's unopposed #65 Motion for Leave to File Expert Witness Report in Support of Motion for Class Certification is granted. So Ordered.(mr) |
| Filing 67 Joint MOTION for Extension of Time to Complete Discovery Rule 26(a)(2) Expert Witness Report by Defendants Allen County Board of Commissioners, Allen County Council, Allen County Public Defender Board. (Posey, James) |
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Filing 66
ORDER REASSIGNING CASE. Case reassigned to Chief Judge Theresa L Springmann for all further proceedings. Judge Philip P Simon no longer assigned to case. Magistrate Consent forms due by 5/22/2017. Signed by Chief Judge Theresa L Springmann on 5/1/17. (jld)
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| Filing 65 MOTION to Supplement #48 MOTION to Certify Class by Plaintiff Calvin Wilson. (Attachments: #1 Exhibit FRCP 26(a)(2) Report)(Frank, David) |
| Filing 64 HEARING re Plas' #60 Motion to Extend Discovery Deadlines held on 3/6/2017 before Magistrate Judge Susan L Collins. Plas appeared by attys David Frank and Christopher Myers. Dfts appeared by attys James Posey, Laura Maser, and Spencer Feighner. Arguments heard. Dft Allen Co Council's unopposed oral motion to stay discovery pending ruling on #48 Plas' First Amended Motion for Class Certification is denied. For reasons stated on the record, Court grants in part Plas' #60 Motion to Extend Discovery Deadlines. Plas' expert witness disclosures and reports to be delivered to the Dfts by 4/14/2017. Dfts expert witness disclosures and reports to be delivered to the Plas by 5/15/2017. Discovery deadline extended to and including 6/15/2017. (FTR 1st floor.)(mr) |
| Filing 63 REPLY to Response to Motion re #60 MOTION for Extension of Time to Complete Discovery filed by David Blume, Asia Marshall, Calvin Wilson. (Attachments: #1 Exhibit ACPDB Discovery 1 of 3, #2 Exhibit ACPDB Discovery 2 of 3, #3 Exhibit ACPDB Discovery 3 of 3, #4 Exhibit Initial Disclosures Identifying Lefstein, #5 Exhibit Lefstein CV, #6 Exhibit Lefstein Study 1, #7 Exhibit Lefstein Study 2)(Frank, David) |
| Filing 62 NOTICE of Hearing: In-person hearing on #60 MOTION for Extension of Time to Complete Discovery set for 3/6/2017 11:30 AM in US District Court - Fort Wayne before Magistrate Judge Susan L Collins. (mr) |
| Filing 61 OBJECTION by Allen County Council to #60 MOTION for Extension of Time to Complete Discovery . (Posey, James) |
| Filing 60 MOTION for Extension of Time to Complete Discovery by Plaintiffs David Blume, Asia Marshall, Calvin Wilson. (Frank, David) |
| Filing 59 REPORT of Mediation by Dan L Sigler advising that resolution was not achieved.(lhc) |
| Filing 58 REPLY to Response to Motion re #48 MOTION to Certify Class filed by David Blume, Asia Marshall, Calvin Wilson. (Frank, David) |
| Filing 57 OBJECTION by Allen County, Allen County Board of Commissioners, Allen County Council, Allen County Public Defender Board to #48 MOTION to Certify Class . (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Posey, James) |
| Filing 56 Letter from Daniel J. Sigler advising of mediation schedule. (lhc) |
| Filing 55 TELEPHONIC HEARING re #53 Joint Motion to Extend Discovery Deadlines held on 10/28/2016 before Magistrate Judge Susan L Collins. Plas appeared by atty David Frank. Dfts appeared by attys Laura Maser, James Posey, and John Feighner. Court grants motion. Plas' expert witness disclosures and reports to be delivered to the Dfts by 2/20/2017. Dfts expert witness disclosures and reports to be delivered to the Plas by 3/20/2017. Discovery deadline extended to and including 4/20/2017. Dfts to Respond to #48 Plas' First Amended Motion for Class Certification by 2/4/2017. (FTR 1st floor.) (mr) |
| Filing 54 NOTICE of Hearing: Telephonic hearing re #53 Joint Motion to Extend Discovery Deadlines set for 10/28/2016 at 10:00 AM in US District Court - Fort Wayne before Magistrate Judge Susan L Collins. Court to initiate call.(mr) |
| Filing 53 Joint MOTION for Extension of Time to Complete Discovery , MOTION for Extension of Time to File Response/Reply as to 52 Order on Motion for Extension of Time to File Response/Reply, 21 Rule 16 Preliminary Pretrial Conference,,,, by Plaintiffs David Blume, Asia Marshall, Calvin Wilson. (Frank, David) |
| Filing 52 ENTRY for Magistrate Judge Susan Collins: #51 Dfts' Joint Motion for Extension of Time is granted. Dfts granted to and including 10/31/2016 to respond to #48 Plas' Motion for Class Certification. So Ordered.(mr) |
| Filing 51 Joint MOTION for Extension of Time to File Response/Reply as to #48 MOTION to Certify Class by Defendant Allen County Board of Commissioners. (Maser, Laura) |
| Filing 50 ANSWER to #45 Amended Complaint by Allen County Public Defender Board.(Feighner, J) |
| Filing 49 ANSWER to #45 Amended Complaint by Allen County Board of Commissioners.(Maser, Laura) |
| Filing 48 Plaintiffs' First Amended MOTION for Class Certification by Plaintiffs David Blume, Asia Marshall, Calvin Wilson. (lhc) |
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Filing 47
ORDER GRANTING #42 First MOTION to Amend/Correct 33 MOTION to Certify Class and BRIEF IN SUPPORT by Plaintiffs David Blume, Calvin Wilson. Clerk is DIRECTED to show Plaintiffs' First Amended Motion for Class Certification (DE #42 -1) filed. Signed by Magistrate Judge Susan L Collins on 8/30/2016. (lhc)
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| Filing 46 Defendant Allen County Council's ANSWER to #45 Amended Complaint by Allen County Council.(Posey, James) |
| Filing 45 THIRD AMENDED COMPLAINT against Allen County Board of Commissioners, Allen County Council, Allen County Public Defender Board, filed by Asia Marshall, Calvin Wilson, David Blume.(lhc) |
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Filing 44
ORDER GRANTING #41 Third MOTION to Amend/Correct #1 Complaint, by Plaintiffs David Blume, Calvin Wilson. The Clerk is DIRECTED to show Plaintiffs' Third Amended Complaint (DE #41 -1) filed. Signed by Magistrate Judge Susan L Collins on 8/19/2016. (lhc)
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| Filing 43 RESPONSE to Motion re #41 Third MOTION to Amend/Correct #1 Complaint, Joint Response of Defendants filed by Allen County Public Defender Board. (Feighner, John) |
| Filing 42 First MOTION to Amend/Correct #33 MOTION to Certify Class and BRIEF IN SUPPORT by Plaintiffs David Blume, Calvin Wilson. (Attachments: #1 Exhibit First Amended Motion for Class Certification)(Frank, David) |
| Filing 41 Third MOTION to Amend/Correct #1 Complaint, by Plaintiffs David Blume, Calvin Wilson. (Attachments: #1 Exhibit Third Amended Complaint)(Frank, David) |
| Filing 40 TELEPHONIC HEARING re #34 Dfts' Joint Motion for Extension of Time to Respond to #33 Pla's Motion for Class Certification held on 8/4/2016 before Magistrate Judge Susan L Collins. Plas appeared by atty David Frank. Dfts appeared by attys Laura Maser, James Posey, John Feighner and Spencer Feighner. Arguments heard. For reasons stated on the record, Court grants motion for limited purpose of Dfts to conduct depositions of two selected class representatives. Dfts granted to and including 9/19/2016 to respond to #33 Pla's Motion for Class Certification. Plas to file reply brief by 9/26/2016. (FTR 1st floor.) (mr) |
| Filing 39 NOTICE of Hearing: Telephonic hearing on #34 Joint Motion for Extension of Time to Respond to Pla's Motion for Class Certification set for 8/4/2016 at 9:30 AM in US District Court - Fort Wayne before Magistrate Judge Susan L Collins. Court to initiate call.(mr) |
| Filing 38 RESPONSE TO PLAINTIFFS OBJECTION TO THE FILING OF DEFENDANTS REPLY by Allen County Public Defender Board to #37 Objection . (Feighner, J) |
| Filing 37 OBJECTION by David Blume, Calvin Wilson to #36 Reply to Response to Motion, as Untimely Filed. (Frank, David) |
| Filing 36 REPLY to Response to Motion re #34 Joint MOTION for Extension of Time to File Response/Reply as to #33 MOTION to Certify Class and BRIEF IN SUPPORT filed by Allen County Public Defender Board. (Attachments: #1 Exhibit A, #2 Exhibit B)(Feighner, J) |
| Filing 35 RESPONSE to Motion re #34 Joint MOTION for Extension of Time to File Response/Reply as to #33 MOTION to Certify Class and BRIEF IN SUPPORT and Brief in Support filed by David Blume, Calvin Wilson. (Attachments: #1 Exhibit A to C)(Frank, David) |
| Filing 34 Joint MOTION for Extension of Time to File Response/Reply as to #33 MOTION to Certify Class and BRIEF IN SUPPORT by Defendant Allen County Public Defender Board. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Feighner, J) |
| Filing 33 MOTION to Certify Class and BRIEF IN SUPPORT by Plaintiffs David Blume, Calvin Wilson. (Frank, David) |
| Filing 32 ANSWER to #27 Amended Complaint (Second) by Allen County Public Defender Board.(Feighner, J) |
| Filing 31 ANSWER to #27 Amended Complaint (Second) by Allen County, Allen County Board of Commissioners.(Maser, Laura) |
| Filing 30 NOTICE of Appearance by Skyler B Spurling-Newsome on behalf of All Plaintiffs (Spurling-Newsome, Skyler) |
| Filing 29 Defendant Allen County Council's ANSWER to #27 Amended Complaint, by Allen County Council.(Posey, James) Modified on 5/20/2016 to reflect correct doc link (lhc). |
| Filing 28 *REFILED at #29 * Defendant Allen County Council's ANSWER to #27 Amended Complaint by Allen County Council.(Posey, James) Modified on 5/20/2016 show refiling due to missing page 25 on this entry (lhc). |
| Filing 27 CLASS ACTION SECOND AMENDED COMPLAINT against Allen County, Allen County Board of Commissioners, Allen County Council, Allen County Public Defender Board filed by Calvin Wilson, David Blume.(cer) |
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Filing 26
ORDER GRANTING #25 MOTION (Second) to Amend #1 Complaint by Plaintiffs David Blume, Calvin Wilson. Clerk DIRECTED to show Plaintiffs' Second Amended Complaint (DE [25-1) filed. Signed by Magistrate Judge Susan L Collins on 5/17/16. (cer)
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| Filing 25 Second MOTION to Amend/Correct #1 Complaint, by Plaintiffs David Blume, Calvin Wilson. (Attachments: #1 Exhibit Proposed Second Amended Complaint)(Frank, David) |
| Filing 24 ANSWER to #19 Amended Complaint by Allen County Public Defender Board.(Feighner, J) |
| Filing 23 Defendant Allen County Council's ANSWER to #19 Amended Complaint by Allen County Council.(Posey, James) |
| Filing 22 ANSWER to #19 Amended Complaint by Allen County, Allen County Board of Commissioners.(Maser, Laura) |
| Filing 21 TELEPHONIC RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 3/14/2016 before Magistrate Judge Susan L Collins. Pla appeared by atty David Frank. Dfts appeared by attys Laura Maser, James Posey and Spencer Feighner. The #20 Report of the Parties Planning Meeting is approved in all respects (except dispositive motions deadline and establishment of a trial date) and is hereby made an ORDER of the Court. The Summary Judgment deadline in Fed.R.Civ.P. 56(b) SHALL NOT control. Any dispositive motion SHALL brief out in accordance with L.R. 56-1. DISCOVERY DEADLINE is 2/20/2017. Following the close of discovery, unless otherwise ordered by the Court, the assigned District Judge will establish all further deadlines and dates. Daniel Sigler appointed as Mediator. Atty Posey to notify Mediator by letter, copy to Attys Frank, Maser and Feighner. Results of the Mediation shall be filed with the Court no later than 10 days before the Final Pretrial Conference. Magistrate Consent forms due by 4/4/2016. (FTR 1st floor.) (mr) |
| Filing 20 REPORT of Rule 26(f) Planning Meeting. (Posey, James) |
| Filing 19 FIRST AMENDED COMPLAINT against Allen County, Allen County Board of Commissioners, Allen County Council, Allen County Public Defender Board, filed by Calvin Wilson.(mc) |
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Filing 18
ORDER granting in part and denying in part #9 Motion to Amend: it is GRANTED in that the Clerk is DIRECTED to show Plaintiffs First Amended Complaint (DE 9-1) filed; Plaintiffs request to remove the jury demand is DENIED without prejudice. Signed by Magistrate Judge Susan L Collins on 2/23/16. (mc)
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| Filing 17 ENTRY for Magistrate Judge Susan Collins: The unopposed #16 Agreed Motion for Extension of Time is granted. Dfts granted to and including 3/28/2016 to file their responses to Pla's #1 Complaint. So Ordered. (mr) |
| Filing 16 Joint MOTION for Extension of Time to File Answer by Defendant Allen County Public Defender Board. (Feighner, J) |
| Filing 15 MAGISTRATE JUDGE CONSENT FORMS sent to all parties (Standard Track). (mr) |
| Filing 14 NOTICE of Hearing: Telephonic Rule 16 Preliminary Pretrial Conference set for 3/14/2016 10:30 AM in US District Court - Fort Wayne before Magistrate Judge Susan L Collins. Court to initiate call.(mr) |
| Filing 13 NOTICE of Appearance by James P Posey on behalf of Allen County Council (Posey, James) |
| Filing 12 NOTICE of Appearance by John O Feighner on behalf of Allen County Public Defender Board (Feighner, John) |
| Filing 11 NOTICE of Appearance by J Spencer Feighner on behalf of Allen County Public Defender Board (Feighner, J) |
| Filing 10 NOTICE of Appearance by Laura L Maser on behalf of Allen County, Allen County Board of Commissioners (Maser, Laura) |
| Filing 9 First MOTION to Amend/Correct #1 Complaint, by Plaintiff Calvin Wilson. (Attachments: #1 Exhibit First Amended Complaint, #2 Exhibit IFP - Class Plaintiff Blume)(Frank, David) |
| Filing 8 SUMMONS Returned Executed by USM obo Calvin Wilson. Allen County Board of Commissioners served on 1/15/2016, answer due 2/5/2016. (cer) |
| Filing 7 SUMMONS Returned Executed by USM obo Calvin Wilson. Allen County Public Defender Board served on 1/15/2016, answer due 2/5/2016. (cer) |
| Filing 6 SUMMONS Returned Executed by USM obo Calvin Wilson. Allen County Council served on 1/15/2016, answer due 2/5/2016. (cer) |
| Filing 5 SUMMONS Returned Executed by USM obo Calvin Wilson. Allen County served on 1/15/2016, answer due 2/5/2016. (cer) |
| Filing 4 Summons Issued as to Allen County, Allen County Board of Commissioners, Allen County Council, Allen County Public Defender Board. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (lhc)(cc: USMS) |
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Filing 3
ORDER GRANTING #2 Motion for Leave to Proceed in forma pauperis; WAIVING the filing fee; and DIRECTING, pursuant to 28:1915(d), the USMS to effect service of process on the defendants. Signed by Chief Judge Philip P Simon on 1/6/2016. (lhc)(cc: USMS)
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| Chief Judge Philip P Simon and Magistrate Judge Susan L Collins added. NEW CASE, MOTION PENDING. (kjp) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis accompanied by 4 copies of summons forms and 4 copies of USM-285 forms by Plaintiff Calvin Wilson. (Frank, David) |
| Filing 1 COMPLAINT with JURY DEMAND against All Defendants, filed by Calvin Wilson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Proposed Summons, #6 Proposed Summons, #7 Proposed Summons, #8 Proposed Summons, #9 Exhibit USM Form, #10 Exhibit USM Form, #11 Exhibit USM Form, #12 Exhibit USM Form, #13 Civil Cover Sheet)(Frank, David) |
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