Martin v. Noble County Board of Commissioners
Plaintiff: William F Martin and William F Martin, Jr
Defendant: Noble County Board of Commissioners
Intervenor Defendant: George Gerdes
Case Number: 1:2018cv00349
Filed: October 30, 2018
Court: US District Court for the Northern District of Indiana
Presiding Judge: Paul R Cherry
Referring Judge: Theresa L Springmann
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 28, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 28, 2018 Filing 28 Amended MOTION to Amend/Correct #22 MOTION to Dismiss for Lack of Jurisdiction , #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (partial) by Plaintiff William F Martin, Jr. (Barnard, Larry)
December 27, 2018 Filing 27 MOTION for Extension of Time to File Response/Reply as to #22 MOTION to Dismiss for Lack of Jurisdiction , #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (partial) by Plaintiff William F Martin, Jr. (Barnard, Larry)
December 26, 2018 Filing 26 NOTICE by George Gerdes Attorney Certification (Egolf, Jamie)
December 17, 2018 Filing 25 MEMORANDUM in Support of #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (partial) filed by Noble County Board of Commissioners. (Smith, Joseph)
December 17, 2018 Filing 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (partial) by Defendant Noble County Board of Commissioners. (Smith, Joseph)
December 17, 2018 Filing 23 MEMORANDUM in Support of #22 MOTION to Dismiss for Lack of Jurisdiction filed by Noble County Board of Commissioners. (Smith, Joseph)
December 17, 2018 Filing 22 MOTION to Dismiss for Lack of Jurisdiction by Defendant Noble County Board of Commissioners. (Smith, Joseph)
December 13, 2018 Filing 21 MAGISTRATE JUDGE CONSENT FORMS sent to all parties (Standard Track). (mr)
December 13, 2018 Filing 20 NOTICE of Hearing: Telephonic Rule 16 Preliminary Pretrial Conference set for 1/8/2019 at 10:00 AM in US District Court - Fort Wayne before Magistrate Judge Susan L Collins. Court to initiate call. (mr)
December 11, 2018 Filing 19 NOTICE of Appearance by Jamie Egolf on behalf of George Gerdes (Egolf, Jamie)
December 4, 2018 Opinion or Order Filing 18 ORDER FOR CHIEF JUDGE THERESA L SPRINGMANN: In light of Pla filing an #16 Amended Complaint for Judicial Review, Declaratory Relief and Permanent Injunction, the Court RENDERS MOOT, WITH LEAVE TO REFILE where applicable, Dft's #15 Partial Motion to Dismiss.(cer)
December 3, 2018 Filing 17 MEMORANDUM in Support of #15 MOTION to Dismiss (Partial) filed by Noble County Board of Commissioners. (Attachments: #1 Exhibit A-Groveland Park Plat)(Smith, Joseph)
December 3, 2018 Filing 16 AMENDED COMPLAINT for Judicial Review, Declaratory Relief and Permanent Injunction against Noble County Board of Commissioners, filed by William F Martin, Jr. (Attachments: #1 Exhibits A-F to Amended Complaint)(Barnard, Larry) Modified on 12/4/2018 to correct party name filed against (lhc).
December 3, 2018 Filing 15 MOTION to Dismiss (Partial) by Defendant Noble County Board of Commissioners. (Smith, Joseph)
November 28, 2018 Filing 14 NOTICE by Noble County Board of Commissioners Submission of State Court Record (Attachments: #1 Exhibit A)(Smith, Joseph)
November 28, 2018 Filing 13 NOTICE by Noble County Board of Commissioners Amended Notice of Removal (Attachments: #1 Exhibit A)(Smith, Joseph)
November 28, 2018 Opinion or Order Filing 12 OPINION AND ORDER The Court GRANTS Defendant Noble County Board of Commissioners' Motion for Leave to File Amended Notice of Removal DE #8 and ORDERS Defendant Noble County Board of Commissioners to FILE the Amended Notice of Removal on or before November 30, 2018. Pursuant to 28 U.S.C. 1774, the Court further ORDERS Defendant Noble County Board of Commissioners to FILE with the Clerk of Court, on or before December 7, 2018, a copy of allrecords and proceedings in the State court. Because the filing of the State court proceedings, including the State court order granting George Gerdes and Lisa Gerdes leave to intervene as Defendants, should result in the addition ofGeorge Gerdes and Lisa Gerdes as Defendants in this action, including in the case caption of the electronic docket, the Court DENIES without prejudice Defendant Noble County Board of Commissionerss' Motion to Amend Case Caption DE #9 . Signed by Magistrate Judge Paul R Cherry on 11/28/18. (kjp)
November 19, 2018 Filing 11 AGREED NOTICE to extend time to file answer filed by George Gerdes ; answer due by December 6, 2018. (Shipman, Matthew)
November 19, 2018 Filing 10 NOTICE of Appearance by Matthew R Shipman on behalf of George Gerdes (Shipman, Matthew)
November 12, 2018 Filing 9 MOTION to Amend/Correct Case Caption by Defendant Noble County Board of Commissioners. (Smith, Joseph)
November 12, 2018 Filing 8 MOTION to Amend/Correct #1 Notice of Removal, by Defendant Noble County Board of Commissioners. (Attachments: #1 Exhibit 1-Amended Notice of Removal)(Smith, Joseph)
November 1, 2018 Set/Reset Deadlines: Per DE #7 Noble County Board of Commissioners answer due 12/4/2018 (nae)
November 1, 2018 Filing 7 AGREED NOTICE to extend time to file answer filed by Noble County Board of Commissioners ; answer due by 12-04-2018. (Smith, Joseph)
November 1, 2018 Opinion or Order Filing 6 ORDER: Each party and each attorney in this case shall take reasonable steps to preserve electronically stored information (ESI) that is relevant to any claim or defense in this case, whether or not the information is admissible at trial. This requirement relates back to the point in time when the party or attorney reasonably anticipated litigation about these matters. Text entry order. By Magistrate Judge Paul R Cherry on 11/1/2018. (mr)
October 31, 2018 Filing 5 NOTICE of Appearance by Larry L Barnard on behalf of William F Martin (Barnard, Larry)
October 31, 2018 Chief Judge Theresa L Springmann added. Judge William C Lee no longer assigned to case. (jld)
October 31, 2018 Judge William C Lee and Magistrate Judge Paul R Cherry added. (NEW CASE) (jld)
October 30, 2018 Filing 3 NOTICE of Appearance by Matthew S Clark on behalf of Noble County Board of Commissioners (Clark, Matthew)
October 30, 2018 Filing 2 NOTICE of Appearance by Joseph W Smith on behalf of Noble County Board of Commissioners (Smith, Joseph)
October 30, 2018 Filing 1 NOTICE OF REMOVAL (Filing fee $ 400 receipt number 0755-3720183.) from Noble Superior Court 1, Cause No. 57D01-1810-PL-000016, filed by Noble County Board of Commissioners. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - CCS)(Smith, Joseph)

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Defendant: Noble County Board of Commissioners
Represented By: Joseph W Smith
Represented By: Matthew S Clark
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Plaintiff: William F Martin
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Plaintiff: William F Martin, Jr
Represented By: Larry L Barnard
Represented By: James A Federoff
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Intervenor defendant: George Gerdes
Represented By: Jamie Egolf
Represented By: Matthew R Shipman
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