Rogers et al v City of Marion Indiana et al
| Aaron Rogers and Tina M Rogers |
| Brian Davis and City of Marion, Indiana |
| Peter Schroeder |
| 1:2019cv00167 |
| April 17, 2019 |
| US District Court for the Northern District of Indiana |
| Susan L Collins |
| William C Lee |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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This docket was last retrieved on July 5, 2019. A more recent docket listing may be available from PACER.
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Filing 32
ORDER: Dispositive motions to be filed by 5/25/2020. Counsel for all parties shall participate in at least one settlement conference prior to any future telephonic status and scheduling conference. Signed by Judge William C Lee on 7/5/2019. (lns)
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| Filing 31 TELEPHONIC RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 5/23/2019 before Magistrate Judge Susan L Collins. Plas appeared with atty Daniel Lapointe Kent. Atty James Stephenson appeared with Dfts Brian Davis and Chief Angela Haley. The #24 Report of the Parties Planning Meeting is approved in all respects (except dispositive motion deadlines and trial dates) 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 4/24/2020. Following the close of discovery, unless otherwise ordered by the Court, the assigned District Judge will establish all further deadlines and dates. Peter Schroeder appointed as Mediator. Atty Kent to notify Mediator by letter, copy to Atty Stephenson. 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 6/13/2019. (FTR 1st floor.) (mr) |
| Filing 30 CERTIFICATE -Attorney Certification. (Kent, Daniel) |
| Filing 29 CERTIFICATE -Attorney Certification. (Kent, Daniel) |
| Filing 28 CERTIFICATE Attorney Certification. (Stephenson, James) |
| Filing 27 CERTIFICATE Attorney Certification. (Stephenson, James) |
| Filing 26 CERTIFICATE Attorney Certification. (Stephenson, James) |
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Filing 25
ORDER for Magistrate Judge Susan Collins: The #23 Motion to Excuse Party Attendance at Initial Pretrial Conference is DENIED. Text entry order. (mr)
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| Filing 24 REPORT of Rule 26(f) Planning Meeting. (Stephenson, James) |
| Filing 23 MOTION to Excuse Party Attendance at Initial Pretrial Conference by Defendants City of Marion, Indiana, Brian Davis. (Stephenson, James) |
| Filing 22 MAGISTRATE JUDGE CONSENT FORMS sent to all parties. (mr) |
| Filing 21 NOTICE of Hearing: Rule 16 Preliminary Pretrial Conference set for 5/23/2019 at 10:00 AM in US District Court - Fort Wayne before Magistrate Judge Susan L Collins. (mr) |
| Filing 20 DEMAND for Trial by Jury by City of Marion, Indiana, Brian Davis. (Schneeman, Pamela) |
| Filing 19 ANSWER to #1 Complaint by City of Marion, Indiana, Brian Davis.(Schneeman, Pamela) |
| Filing 18 Case transferred in from District of Indiana Southern; Case Number 1:19-cv-00532. Original file certified copy of transfer order and docket sheet received. |
| Filing 17 Transfer Letter to Clerk of the Northern District of Indiana. Case transferred electronically to Northern District of Indiana, on April 15, 2019. (JDH) [Transferred from Indiana Southern on 4/17/2019.] |
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Filing 16
CLOSED TRANSFER to Northern District of Indiana - Order of Transfer - Defendants move to dismiss--or, in the alternative, to transfer--for improper venue. (ECF No. #12 .) Generally, venue is proper in a judicial district where "any defendant resides" or "a substantial part of the events or omissions giving rise to the claim occurred." 28 U.S.C. 1391(b). This action arises from an automobile collision in Grant County, Indiana, where all Defendants were and are domiciled. Grant County is in the Northern District of Indiana, Fort Wayne Division. Plaintiffs--whose response is styled "Response in Opposition" (ECF No. #14 ), apparently in error--concede that venue is improper here and likewise request transfer. "The district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought." 28 U.S.C. 1406(a). Accordingly, Defendants' motion (ECF No. 12) is granted in the alternative and this case is transferred to the United States District Court for the Northern District of Indiana, Fort Wayne Division. Signed by Judge James R. Sweeney II on 4/15/2019.(JDH) [Transferred from Indiana Southern on 4/17/2019.]
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| Filing 15 MOTION to Vacate #11 Scheduling Order , filed by Defendants CITY OF MARION, INDIANA, BRIAN DAVIS. (Attachments: #1 Text of Proposed Order)(Schneeman, Pamela) [Transferred from Indiana Southern on 4/17/2019.] |
| Filing 14 RESPONSE in Opposition re #12 MOTION to Dismiss due to Improper Venue , filed by Plaintiffs AARON ROGERS, TINA M. ROGERS. (Kent, Daniel) [Transferred from Indiana Southern on 4/17/2019.] |
| Filing 13 BRIEF/MEMORANDUM in Support re #12 MOTION to Dismiss due to Improper Venue , filed by Defendants CITY OF MARION, INDIANA, BRIAN DAVIS. (Schneeman, Pamela) [Transferred from Indiana Southern on 4/17/2019.] |
| Filing 12 MOTION to Dismiss due to Improper Venue, filed by Defendants CITY OF MARION, INDIANA, BRIAN DAVIS. (Schneeman, Pamela) [Transferred from Indiana Southern on 4/17/2019.] |
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Filing 11
SCHEDULING ORDER: Initial Pretrial Conference set for 4/23/2019 11:00 AM in room #234, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Tim A. Baker. If a proposed Case Management Plan ("CMP") has not yet been filed, the parties are ordered to confer prior to the initial pretrial conference and prepare a proposed CMP. See Order for additional information. Signed by Magistrate Judge Tim A. Baker on 3/13/2019.(SWM) [Transferred from Indiana Southern on 4/17/2019.]
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| Filing 10 NOTICE of Parties' First Extension of Time, filed by Defendants CITY OF MARION, INDIANA, BRIAN DAVIS. (Schneeman, Pamela) [Transferred from Indiana Southern on 4/17/2019.] |
| Filing 9 DEMAND for Trial by Jury, filed by Defendants CITY OF MARION, INDIANA, BRIAN DAVIS. (Schneeman, Pamela) [Transferred from Indiana Southern on 4/17/2019.] |
| Filing 8 NOTICE of Appearance by Pamela G. Schneeman on behalf of Defendants CITY OF MARION, INDIANA, BRIAN DAVIS. (Schneeman, Pamela) [Transferred from Indiana Southern on 4/17/2019.] |
| Filing 7 NOTICE of Appearance by James S. Stephenson on behalf of Defendants CITY OF MARION, INDIANA, BRIAN DAVIS. (Stephenson, James) [Transferred from Indiana Southern on 4/17/2019.] |
| Filing 6 TRIAL PROCEDURES AND PRACTICES before Judge James R. Sweeney II. (CKM) [Transferred from Indiana Southern on 4/17/2019.] |
| Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (HET) [Transferred from Indiana Southern on 4/17/2019.] |
| Filing 4 Summons Issued as to CITY OF MARION, INDIANA, BRIAN DAVIS. (HET) [Transferred from Indiana Southern on 4/17/2019.] |
| Filing 3 NOTICE of Appearance by Mary Jane Lapointe on behalf of Plaintiffs AARON ROGERS, TINA M. ROGERS. (Lapointe, Mary) [Transferred from Indiana Southern on 4/17/2019.] |
| Filing 2 NOTICE of Appearance by Daniel LaPointe Kent on behalf of Plaintiffs AARON ROGERS, TINA M. ROGERS. (Kent, Daniel) [Transferred from Indiana Southern on 4/17/2019.] |
| Filing 1 COMPLAINT against All Defendants, filed by All Plaintiffs. (Filing fee $400, receipt number 0756-5266980) (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Kent, Daniel) [Transferred from Indiana Southern on 4/17/2019.] |
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