DeBoard v. Canal Flats, LLC et al
Plaintiff: David DeBoard
Defendant: 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
Case Number: 1:2019cv00454
Filed: October 25, 2019
Court: US District Court for the Northern District of Indiana
Presiding Judge: Holly A Brady
Referring Judge: Susan L Collins
Nature of Suit: Civil Rights: Accomodations
Cause of Action: 42 U.S.C. ยง 405
Jury Demanded By: Both
Docket Report

This docket was last retrieved on December 14, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 14, 2020 Filing 44 STIPULATION to Dismiss by Plaintiff David DeBoard. (Attachments: #1 Proposed Order)(Calhoun, Eric)
December 14, 2020 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)
December 4, 2020 Opinion or Order 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)
November 30, 2020 Filing 42 NOTICE of Settlement and Motion for Summary Judgment is Moot by Canal Flats, LLC, Kendall Construction Group, LLC (Temple, David)
November 4, 2020 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)
September 14, 2020 Opinion or Order 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)
September 13, 2020 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)
May 26, 2020 Opinion or Order 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)
May 26, 2020 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).
March 16, 2020 Opinion or Order 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)
March 13, 2020 Filing 34 MOTION for Extension of Time to Complete Discovery by Defendant Kendall Construction Group, LLC. (Trueblood, Alexander)
February 14, 2020 Filing 33 STIPULATION To Extend Time to Respond to Discovery Requests by Defendant Kendall Construction Group, LLC. (Trueblood, Alexander)
February 5, 2020 Opinion or Order 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)
February 5, 2020 Filing 31 MOTION to Withdraw as Attorney for Defendant Canal Flats, LLC by Defendant Canal Flats, LLC. (Ignasiak, Lyndsay)
January 27, 2020 Filing 30 NOTICE of Appearance by Alexander C Trueblood on behalf of Canal Flats, LLC (Trueblood, Alexander)
January 27, 2020 Filing 29 NOTICE of Appearance by David A Temple on behalf of Canal Flats, LLC (Temple, David)
January 27, 2020 Opinion or Order 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)
January 20, 2020 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)
December 27, 2019 Filing 26 ANSWER to #16 Amended Complaint by Kendall Construction Group, LLC.(Trueblood, Alexander)
December 27, 2019 Filing 25 ANSWER to #16 Amended Complaint with Affirmative Defenses and Jury Demand by Canal Flats, LLC.(Ignasiak, Lyndsay)
December 23, 2019 Opinion or Order 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)
December 13, 2019 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).
December 13, 2019 Opinion or Order 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)
December 12, 2019 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)
December 10, 2019 Opinion or Order 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)
December 10, 2019 Filing 16 AMENDED COMPLAINT against Canal Flats, LLC, Kendall Construction Group, LLC, filed by David DeBoard.(Calhoun, Eric)
December 9, 2019 Opinion or Order 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)
December 6, 2019 Filing 14 REPORT of Rule 26(f) Planning Meeting. (Calhoun, Eric)
December 5, 2019 Filing 13 NOTICE of Voluntary Dismissal by David DeBoard (Attachments: #1 Proposed Order)(Calhoun, Eric)
November 26, 2019 Filing 12 NOTICE of Appearance by Ryan R Frasher on behalf of David DeBoard (Frasher, Ryan)
November 25, 2019 Filing 11 NOTICE of Appearance by Lyndsay I Ignasiak on behalf of Canal Flats, LLC (Ignasiak, Lyndsay)
November 22, 2019 Filing 10 MAGISTRATE JUDGE CONSENT FORMS sent to all parties. (mr)
November 22, 2019 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)
November 20, 2019 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)
November 20, 2019 Filing 7 NOTICE of Appearance by Alexander C Trueblood on behalf of All Defendants (Trueblood, Alexander)
November 20, 2019 Filing 6 Corporate Disclosure Statement by Canal Flats, LLC. (Temple, David)
November 20, 2019 Filing 5 Corporate Disclosure Statement by Kendall Construction Group, LLC. (Temple, David)
November 20, 2019 Filing 4 Corporate Disclosure Statement by MRK II, LLC. (Temple, David)
November 20, 2019 Filing 3 NOTICE of Appearance by David A Temple on behalf of All Defendants (Temple, David)
October 28, 2019 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)
October 28, 2019 Judge Holly A. Brady and Magistrate Judge Susan L. Collins added. (NEW CASE) (rmf)
October 25, 2019 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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Defendant: MRK II, LLC
Represented By: Alexander C Trueblood
Represented By: David A Temple
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Defendant: Kendall Construction Group, LLC, d/b/a Kendall Property Group
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Defendant: Canal Flats, LLC
Represented By: Lyndsay I Ignasiak
Represented By: Alexander C Trueblood
Represented By: David A Temple
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Defendant: Kendall Construction Group, LLC
Represented By: Alexander C Trueblood
Represented By: David A Temple
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Defendant: Kendall Construction Group, LLC doing business as Kendall Property Group
Represented By: Alexander C Trueblood
Represented By: David A Temple
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Plaintiff: David DeBoard
Represented By: Eric G Calhoun
Represented By: Ryan R Frasher
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