DeBoard v. Canal Flats, LLC et al
| David DeBoard |
| MRK II, LLC, Kendall Construction Group, LLC, d/b/a Kendall Property Group, Canal Flats, LLC, Kendall Construction Group, LLC and Kendall Construction Group, LLC doing business as Kendall Property Group |
| 1:2019cv00454 |
| October 25, 2019 |
| US District Court for the Northern District of Indiana |
| Holly A Brady |
| Susan L Collins |
| Civil Rights: Accomodations |
| 42 U.S.C. § 405 |
| Both |
Docket Report
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| Document Text |
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| Filing 44 STIPULATION to Dismiss by Plaintiff David DeBoard. (Attachments: #1 Proposed Order)(Calhoun, Eric) |
| CASE DISMISSED WITH PREJUDICE pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure re #44 Stipulation for Dismissal With Prejudice. (cer) |
Filing 43
ORDER for Magistrate Judge Susan Collins: Pursuant to the filing of the #42 Notice of Settlement and Motion for Summary Judgment is Moot, Parties are to file dismissal papers by 1/5/2021. #41 Plaintiff's Motion for Partial Summary Judgment is deemed moot. Text entry order.(mr)
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| Filing 42 NOTICE of Settlement and Motion for Summary Judgment is Moot by Canal Flats, LLC, Kendall Construction Group, LLC (Temple, David) |
| Filing 41 MOTION for Partial Summary Judgment by Plaintiff David DeBoard. (Attachments: #1 Exhibit 1 - Fleming Declaration, #2 Exhibit 1-1 - Fleming Report, #3 Exhibit 1-1-A - Fleming Catalog of Findings, #4 Exhibit 1-1-B - Fleming CV, #5 Exhibit 1-2 - Cain Report, #6 Exhibit 1-3 - Fleming Rebuttal Report, #7 Exhibit 2 - Canal Flats Supp Resp to Pltf's 1st RFA, #8 Exhibit 3 - Kendall's 1st Supp Resp to Pltf's 1st RFA, #9 Exhibit 4 - DeBoard Declaration, #10 Exhibit 5 - Memphis v. Richard and Milton Grant Co (Apr. 27, 2004), #11 Exhibit 6 - Morgan v. Nash Street (Mar. 9, 2018), #12 Exhibit 7 - Fair Hous. Council v. Vill. of Olde St. Andrews (Jun. 18, 2003), #13 Exhibit 8 - Morgan v. Parc Plaza Dev., L.P. (Feb. 8, 2018), #14 Exhibit 9 - 73 Fed. Reg. Excerpt, #15 Exhibit 10 - FHA Guidelines Excerpts, #16 Exhibit 11 - FHA Design Manual Excerpts, #17 Exhibit 12 - ANSI 1986 Excerpts, #18 Exhibit 13 - Site Topographic Survey, #19 Exhibit 14 - Page AO-CS of Architect Plans)(Calhoun, Eric) |
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Filing 40
ORDER for Magistrate Judge Susan Collins: The #39 Unopposed Motion to Extend Certain Case Management Deadlines is granted. Deadline for completion of discovery is 12/29/2020. Deadline to supplement disclosures and responses pursuant to Rule 26(e) is 1/28/2021. Deadline to file dispositive motions is 1/15/2021. Text entry order. (mr)
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| Filing 39 MOTION for Extension of Time to Complete Discovery and Other Case Management Deadlines by Defendants Canal Flats, LLC, Kendall Construction Group, LLC. (Trueblood, Alexander) |
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Filing 38
ORDER for Magistrate Judge Susan Collins: 36 Plaintiff's Notice of Service of Expert Disclosure and #37 Defendants' Notice of Services of Designation of Experts are filed in violation of N.D. Ind. L.R. 26.2(a)(1) and are hereby STRICKEN. Text entry order.(mr)
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| Filing 37 ** STRICKEN PURSUANT TO DE 38 **NOTICE by Canal Flats, LLC, Kendall Construction Group, LLC OF SERVICE OF DESIGNATION OF EXPERTS (Temple, David) Modified on 5/26/2020 (mr). |
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Filing 35
ORDER for Magistrate Judge Susan Collins: The #34 Unopposed Motion for Extension of Time is granted. Dfts granted to and including 3/23/2020 to respond to Pla's Interrogatories, Requests for Production, and Requests for Admission. Text entry order. (mr)
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| Filing 34 MOTION for Extension of Time to Complete Discovery by Defendant Kendall Construction Group, LLC. (Trueblood, Alexander) |
| Filing 33 STIPULATION To Extend Time to Respond to Discovery Requests by Defendant Kendall Construction Group, LLC. (Trueblood, Alexander) |
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Filing 32
ORDER for Magistrate Judge Susan Collins: The #31 Motion for Leave to Withdraw is granted. The appearance of Attorney Lyndsay I. Ignasiak is hereby withdrawn on behalf of Dft Canal Flats, LLC. Text entry order.(mr)
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| Filing 31 MOTION to Withdraw as Attorney for Defendant Canal Flats, LLC by Defendant Canal Flats, LLC. (Ignasiak, Lyndsay) |
| Filing 30 NOTICE of Appearance by Alexander C Trueblood on behalf of Canal Flats, LLC (Trueblood, Alexander) |
| Filing 29 NOTICE of Appearance by David A Temple on behalf of Canal Flats, LLC (Temple, David) |
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Filing 28
ORDER for Magistrate Judge Susan Collins: The #27 Motion for Substitution of Attorney is DENIED without prejudice. Counsel are to each file a signed notice of appearance. Text entry order.(mr)
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| Filing 27 MOTION to Substitute Attorney David A. Temple and Alexander C. Trueblood for Canal Flats, LLC, by Defendants Canal Flats, LLC, Kendall Construction Group, LLC. (Temple, David) |
| Filing 26 ANSWER to #16 Amended Complaint by Kendall Construction Group, LLC.(Trueblood, Alexander) |
| Filing 25 ANSWER to #16 Amended Complaint with Affirmative Defenses and Jury Demand by Canal Flats, LLC.(Ignasiak, Lyndsay) |
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Filing 24
ORDER for Magistrate Judge Susan Collins: The filing of the 21 Notice of Service of Plaintiff's Initial Disclosures, 22 Defendant Kendall Construction Group, LLC's Notice of Service of its Rule 26(a)(1)(A) Initial Disclosures, and 23 Defendant Canal Flats, LLC's Notice of Service of its Rule 26(a)(1)(A) Initial Disclosures is in violation of N.D. Ind. L.R. 26-2(a)(1) and are hereby STRICKEN. Text entry order.(mr)
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| Filing 20 TELEPHONIC RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 12/13/2019 before Magistrate Judge Susan L Collins. Pla appeared by atty Eric Calhoun. Dft appeared by atty David Temple, Lyndsay Ignasiak. The #14 Report of the Parties Planning Meeting is approved in all respects (except trial dates) and is hereby made an ORDER of the Court. DISCOVERY DEADLINE is 9/30/2020. Parties to file notice with the court providing selection of mediator after exchange of expert reports. Dispositive motions to be filed by 10/17/2020. Following the close of discovery, unless otherwise ordered by the Court, the assigned District Judge will establish all further deadlines and dates. Magistrate Consent forms due by 1/3/2020. (1st Floor FTR) (lhc) Modified on 12/13/2019 to add text (lhc). |
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Filing 19
ORDER for Magistrate Judge Susan Collins: The #18 Motion for Leave to Withdraw Appearance is granted. The appearances of atty David Temple and atty Alexander Trueblood are hereby withdrawn on behalf of Dft, Canal Flatts, LLC. Text entry order. (mr)
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| Filing 18 MOTION to Withdraw #7 Notice of Appearance, #3 Notice of Appearance ON BEHALF OF DEFENDANT, CANAL FLATS, LLC only by Defendant Canal Flats, LLC. (Temple, David) |
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Filing 17
ORDER FOR JUDGE HOLLY A BRADY: In light of Pla filing an 19 Amended Complaint, the Court RENDERS MOOT #13 Notice of Dismissal Without Prejudice as to Defendant MRK II, LLC Only. (cer)
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| Filing 16 AMENDED COMPLAINT against Canal Flats, LLC, Kendall Construction Group, LLC, filed by David DeBoard.(Calhoun, Eric) |
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Filing 15
ORDER: The Court will sua sponte GRANT the Plaintiff leave to amend his Complaint for the limited purpose of revising it to reflect the dismissal of the various claims as outlined in the Notice of Dismissal Without Prejudice as to Defendant MRK II, LLC only. The Court DIRECTS the Plaintiff to file an amended complaint by 12/16/2019. Once the Plaintiff's amended complaint has been filed, the Notice of Dismissal will be deemed moot because an amended complaint controls, once it is filed, and the prior pleading will be withdrawn by operation of law. Signed by Judge Holly A Brady on 12/9/2019. (jat)
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| Filing 14 REPORT of Rule 26(f) Planning Meeting. (Calhoun, Eric) |
| Filing 13 NOTICE of Voluntary Dismissal by David DeBoard (Attachments: #1 Proposed Order)(Calhoun, Eric) |
| Filing 12 NOTICE of Appearance by Ryan R Frasher on behalf of David DeBoard (Frasher, Ryan) |
| Filing 11 NOTICE of Appearance by Lyndsay I Ignasiak on behalf of Canal Flats, LLC (Ignasiak, Lyndsay) |
| Filing 10 MAGISTRATE JUDGE CONSENT FORMS sent to all parties. (mr) |
| Filing 9 NOTICE of Hearing: Telephonic Rule 16 Preliminary Pretrial Conference set for 12/13/2019 at 11:00 AM in US District Court - Fort Wayne before Magistrate Judge Susan L Collins. Court to initiate call.(mr) |
| Filing 8 NOTICE by Canal Flats, LLC, Kendall Construction Group, LLC, MRK II, LLC re #1 Complaint, of Extension of Time to File an Answer (Temple, David) |
| Filing 7 NOTICE of Appearance by Alexander C Trueblood on behalf of All Defendants (Trueblood, Alexander) |
| Filing 6 Corporate Disclosure Statement by Canal Flats, LLC. (Temple, David) |
| Filing 5 Corporate Disclosure Statement by Kendall Construction Group, LLC. (Temple, David) |
| Filing 4 Corporate Disclosure Statement by MRK II, LLC. (Temple, David) |
| Filing 3 NOTICE of Appearance by David A Temple on behalf of All Defendants (Temple, David) |
| Filing 2 Summons Issued as to Canal Flats, LLC, Kendall Construction Group, LLC, MRK II, LLC. 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. (rmf) |
| Judge Holly A. Brady and Magistrate Judge Susan L. Collins added. (NEW CASE) (rmf) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0755-4047136.), filed by David DeBoard. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons Canal Flats, LLC, #3 Proposed Summons Kendall Construction Group, LLC, d/b/a Kendall Property Group, #4 Proposed Summons MRK II, LLC)(Calhoun, Eric) |
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