Wilson v. Allen County et al
Plaintiff: Calvin Wilson, David Blume and Asia Marshall
Defendant: Allen County Board of Commissioners, Allen County Public Defender Board, Allen County Council and Allen County
Not Classified By Court: Daniel J Sigler
Case Number: 1:2015cv00402
Filed: December 31, 2015
Court: US District Court for the Northern District of Indiana
Office: Fort Wayne Office
County: Allen
Presiding Judge: Susan L Collins
Referring Judge: Theresa L Springmann
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 1, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 1, 2020 Filing 144 STIPULATION to Dismiss by Plaintiff Calvin Wilson. (Myers, Christopher)
April 1, 2020 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)
March 31, 2020 Opinion or Order 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)
March 30, 2020 Filing 142 *STRICKEN pursuant to #143 * Joint MOTION to Dismiss With Prejudice by Plaintiff Calvin Wilson. (Myers, Christopher) Modified on 4/1/2020 (lhc).
March 4, 2020 Opinion or Order 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)
February 5, 2020 Opinion or Order 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)
October 9, 2019 Opinion or Order 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)
September 9, 2019 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)
September 9, 2019 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)
September 5, 2019 Opinion or Order 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)
August 26, 2019 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).
August 26, 2019 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)
July 25, 2019 Opinion or Order 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)
July 23, 2019 Opinion or Order 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)
July 17, 2019 Filing 131 MOTION to Withdraw as Attorney by Plaintiff Calvin Wilson. (Attachments: #1 Exhibit Proposed Order)(Frank, David)
July 17, 2019 Opinion or Order 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)
May 14, 2019 Opinion or Order 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).
May 10, 2019 Opinion or Order 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)
May 10, 2019 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)
May 9, 2019 Filing 126 MOTION for Order on Motion to Enforce and Other Relief by Plaintiff Calvin Wilson. (Myers, Christopher)
May 1, 2019 Opinion or Order 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)
February 5, 2019 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)
January 4, 2019 Opinion or Order 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)
December 20, 2018 Filing 122 REPLY to Response to Motion re #116 MOTION for Relief filed by Asia Marshall. (lns)
December 13, 2018 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)
December 10, 2018 Opinion or Order 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)
December 5, 2018 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)
December 3, 2018 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)
November 26, 2018 Filing 117 CERTIFICATE OF SERVICE by Asia Marshall re #116 Petition for Relief. (lns)
November 19, 2018 Filing 116 PETITION for Relief by Plaintiff Asia Marshall. (lhc)
October 29, 2018 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)
October 29, 2018 Filing 114 REPORT by Asia Marshall, Calvin Wilson Supplemental Report to the Court. (Attachments: #1 Exhibit)(Myers, Christopher)
October 25, 2018 Filing 113 NOTICE of Appearance by Christopher C Myers on behalf of Calvin Wilson (Myers, Christopher)
October 2, 2018 Filing 112 REPORT by Calvin Wilson . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Frank, David)
October 2, 2018 Opinion or Order 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)
October 1, 2018 Filing 110 MOTION to Continue and Reschedule Telephonic Status Conference by Defendant Allen County Council. (Posey, James)
September 25, 2018 Opinion or Order 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)
September 25, 2018 Opinion or Order 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)
September 20, 2018 Filing 107 MOTION to Withdraw as Attorney for Asia Marshall by Plaintiff Calvin Wilson. (Frank, David)
September 20, 2018 Filing 106 Letter from Asia Marshall regarding attorney. (sct)
September 20, 2018 Filing 105 LETTER emailed to Judge Collins chambers on 9/19/2018 by Plaintiff, Asia Marshall (mr)
September 18, 2018 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)
September 10, 2018 Opinion or Order 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)
August 22, 2018 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)
July 19, 2018 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)
June 20, 2018 Opinion or Order 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)
June 18, 2018 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)
May 15, 2018 Opinion or Order 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)
May 14, 2018 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)
April 18, 2018 Opinion or Order 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)
April 17, 2018 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)
March 27, 2018 Opinion or Order 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)
October 19, 2017 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)
October 12, 2017 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)
October 3, 2017 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)
October 2, 2017 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)
September 29, 2017 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)
September 28, 2017 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)
September 27, 2017 Opinion or Order 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)
September 27, 2017 Filing 86 MOTION to Withdraw as Attorney by Plaintiffs David Blume, Asia Marshall, Calvin Wilson. (Spurling-Newsome, Skyler)
September 25, 2017 Filing 85 BRIEF in Opposition to #82 MOTION to Dismiss Plaintiff's Third Amended Complaint filed by Asia Marshall, Calvin Wilson. (Frank, David)
September 25, 2017 Filing 84 RESPONSE to Motion re #82 MOTION to Dismiss Plaintiff's Third Amended Complaint filed by Asia Marshall, Calvin Wilson. (Frank, David)
September 15, 2017 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)
September 15, 2017 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)
September 13, 2017 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)
September 12, 2017 Opinion or Order 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)
September 12, 2017 Filing 79 Joint MOTION for Extension of Time to Complete Discovery by Defendant Allen County Public Defender Board. (Feighner, John)
August 29, 2017 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)
August 16, 2017 Filing 77 STIPULATION to Dismiss Plaintiff Blume by Plaintiffs Asia Marshall, Calvin Wilson, David Blume. (Frank, David)
August 14, 2017 Opinion or Order 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)
August 14, 2017 Set/Reset Deadlines: Defendants to file Motion to Dismiss by 9/15/2017 (jss)
June 20, 2017 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)
June 20, 2017 Filing 74 NOTICE of Appearance by G William Fishering on behalf of Allen County Board of Commissioners (Fishering, G)
June 14, 2017 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)
June 14, 2017 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)
May 31, 2017 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)
May 30, 2017 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)
May 12, 2017 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)
May 12, 2017 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)
May 12, 2017 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)
May 1, 2017 Opinion or Order 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)
April 19, 2017 Filing 65 MOTION to Supplement #48 MOTION to Certify Class by Plaintiff Calvin Wilson. (Attachments: #1 Exhibit FRCP 26(a)(2) Report)(Frank, David)
March 6, 2017 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)
March 3, 2017 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)
March 1, 2017 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)
February 24, 2017 Filing 61 OBJECTION by Allen County Council to #60 MOTION for Extension of Time to Complete Discovery . (Posey, James)
February 20, 2017 Filing 60 MOTION for Extension of Time to Complete Discovery by Plaintiffs David Blume, Asia Marshall, Calvin Wilson. (Frank, David)
February 15, 2017 Filing 59 REPORT of Mediation by Dan L Sigler advising that resolution was not achieved.(lhc)
February 10, 2017 Filing 58 REPLY to Response to Motion re #48 MOTION to Certify Class filed by David Blume, Asia Marshall, Calvin Wilson. (Frank, David)
February 6, 2017 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)
October 31, 2016 Filing 56 Letter from Daniel J. Sigler advising of mediation schedule. (lhc)
October 28, 2016 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)
October 20, 2016 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)
October 20, 2016 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)
September 20, 2016 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)
September 19, 2016 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)
September 13, 2016 Filing 50 ANSWER to #45 Amended Complaint by Allen County Public Defender Board.(Feighner, J)
August 31, 2016 Filing 49 ANSWER to #45 Amended Complaint by Allen County Board of Commissioners.(Maser, Laura)
August 30, 2016 Filing 48 Plaintiffs' First Amended MOTION for Class Certification by Plaintiffs David Blume, Asia Marshall, Calvin Wilson. (lhc)
August 30, 2016 Opinion or Order 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)
August 24, 2016 Filing 46 Defendant Allen County Council's ANSWER to #45 Amended Complaint by Allen County Council.(Posey, James)
August 19, 2016 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)
August 19, 2016 Opinion or Order 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)
August 19, 2016 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)
August 11, 2016 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)
August 11, 2016 Filing 41 Third MOTION to Amend/Correct #1 Complaint, by Plaintiffs David Blume, Calvin Wilson. (Attachments: #1 Exhibit Third Amended Complaint)(Frank, David)
August 4, 2016 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)
July 29, 2016 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)
July 22, 2016 Filing 38 RESPONSE TO PLAINTIFFS OBJECTION TO THE FILING OF DEFENDANTS REPLY by Allen County Public Defender Board to #37 Objection . (Feighner, J)
July 20, 2016 Filing 37 OBJECTION by David Blume, Calvin Wilson to #36 Reply to Response to Motion, as Untimely Filed. (Frank, David)
July 20, 2016 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)
July 6, 2016 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)
June 23, 2016 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)
June 9, 2016 Filing 33 MOTION to Certify Class and BRIEF IN SUPPORT by Plaintiffs David Blume, Calvin Wilson. (Frank, David)
June 8, 2016 Filing 32 ANSWER to #27 Amended Complaint (Second) by Allen County Public Defender Board.(Feighner, J)
May 31, 2016 Filing 31 ANSWER to #27 Amended Complaint (Second) by Allen County, Allen County Board of Commissioners.(Maser, Laura)
May 20, 2016 Filing 30 NOTICE of Appearance by Skyler B Spurling-Newsome on behalf of All Plaintiffs (Spurling-Newsome, Skyler)
May 20, 2016 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).
May 19, 2016 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).
May 17, 2016 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)
May 17, 2016 Opinion or Order 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)
April 27, 2016 Filing 25 Second MOTION to Amend/Correct #1 Complaint, by Plaintiffs David Blume, Calvin Wilson. (Attachments: #1 Exhibit Proposed Second Amended Complaint)(Frank, David)
March 28, 2016 Filing 24 ANSWER to #19 Amended Complaint by Allen County Public Defender Board.(Feighner, J)
March 28, 2016 Filing 23 Defendant Allen County Council's ANSWER to #19 Amended Complaint by Allen County Council.(Posey, James)
March 28, 2016 Filing 22 ANSWER to #19 Amended Complaint by Allen County, Allen County Board of Commissioners.(Maser, Laura)
March 14, 2016 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)
March 10, 2016 Filing 20 REPORT of Rule 26(f) Planning Meeting. (Posey, James)
February 23, 2016 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)
February 23, 2016 Opinion or Order 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)
February 10, 2016 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)
February 10, 2016 Filing 16 Joint MOTION for Extension of Time to File Answer by Defendant Allen County Public Defender Board. (Feighner, J)
February 10, 2016 Filing 15 MAGISTRATE JUDGE CONSENT FORMS sent to all parties (Standard Track). (mr)
February 10, 2016 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)
February 9, 2016 Filing 13 NOTICE of Appearance by James P Posey on behalf of Allen County Council (Posey, James)
February 9, 2016 Filing 12 NOTICE of Appearance by John O Feighner on behalf of Allen County Public Defender Board (Feighner, John)
February 9, 2016 Filing 11 NOTICE of Appearance by J Spencer Feighner on behalf of Allen County Public Defender Board (Feighner, J)
February 9, 2016 Filing 10 NOTICE of Appearance by Laura L Maser on behalf of Allen County, Allen County Board of Commissioners (Maser, Laura)
February 3, 2016 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)
February 3, 2016 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)
February 3, 2016 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)
February 3, 2016 Filing 6 SUMMONS Returned Executed by USM obo Calvin Wilson. Allen County Council served on 1/15/2016, answer due 2/5/2016. (cer)
February 3, 2016 Filing 5 SUMMONS Returned Executed by USM obo Calvin Wilson. Allen County served on 1/15/2016, answer due 2/5/2016. (cer)
January 6, 2016 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)
January 6, 2016 Opinion or Order 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)
January 4, 2016 Chief Judge Philip P Simon and Magistrate Judge Susan L Collins added. NEW CASE, MOTION PENDING. (kjp)
December 31, 2015 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)
December 31, 2015 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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Search for this case: Wilson v. Allen County et al
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Defendant: Allen County Board of Commissioners
Represented By: Laura L Maser
Represented By: G William Fishering
Represented By: J Spencer Feighner
Represented By: James P Posey
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Defendant: Allen County Public Defender Board
Represented By: John O Feighner
Represented By: J Spencer Feighner
Represented By: James P Posey
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Defendant: Allen County Council
Represented By: J Spencer Feighner
Represented By: James P Posey
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Defendant: Allen County
Represented By: J Spencer Feighner
Represented By: Laura L Maser
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Plaintiff: Calvin Wilson
Represented By: David W Frank
Represented By: Skyler B Spurling-Newsome
Represented By: Christopher C Myers
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Plaintiff: David Blume
Represented By: David W Frank
Represented By: Skyler B Spurling-Newsome
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Plaintiff: Asia Marshall
Represented By: David W Frank
Represented By: Skyler B Spurling-Newsome
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Not classified by court: Daniel J Sigler
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