Easterday v. Quality Correctional Care LLC et al
| Misty Easterday |
| LaGrange County Sheriff Department, Quality Correctional Care LLC, Tracy Harker, Unknown QCC Employees and Unknown LCSD Employees |
| Galen Bradley |
| 1:2023cv00419 |
| September 29, 2023 |
| US District Court for the Northern District of Indiana |
| Holly A Brady |
| Susan L Collins |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Petition for Removal- Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on November 8, 2023. A more recent docket listing may be available from PACER.
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| Filing 22 NOTICE: Dft's counsel was directed to return the Consent to or Declination of the Exercise of Jurisdiction by a United States Magistrate Judge attached at Docket Entry #18 regarding consenting or declining to consent to magistrate judge jurisdiction. The time for doing so has now passed, and the Clerk's Office has not received the form. Dft's counsel shall return the form within 10 days of the date of this entry. If, after the expiration of the 10-day extension set forth herein, the Court chooses to take further action, all applicable deadline extensions will be considered at that time. Counsel also advised of 10-day consent deadline by email correspondence. (sej) |
Filing 21
SCHEDULING ORDER AND MEMORANDUM OF PRELIMINARY PRETRIAL CONFERENCE: The parties will exchange the information required by Fed. R. Civ. P. 26(a)(1) by 11/ 17/2023. The last date for the completion discovery is 6/17/2024. Deadline for completion of expert discovery and depositions of experts is 8/16/2024. The serving of reports from retained experts under Rule 26(a)(2) are due from Plaintiff by 4/17/2024; and from Defendants by 5/17/2024. Supplementation under Rule 26(e) due every six weeks until trial. The last date to seek leave of Court to amend the pleadings as to Plaintiff is 3/18/2024; as to Defendants is 4/17/2024. The deadline to file any dispositive motions is 9/16/2024. Parties have agreed upon Galen Bradley as mediator. Signed by Magistrate Judge Susan L Collins on 10/17/2023. (mrm)
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| Filing 20 TELEPHONIC RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 10/17/2023 before Magistrate Judge Susan L Collins. Pla appeared by atty Steven Lammers. Dfts appeared by attys Brian Pierce and Daniel Witte. The #19 Report of the Parties Planning Meeting is approved in all respects (except establishment of a trial date). Galen Bradley appointed as mediator. Atty Lammers to notify mediator by letter, copy to attys Pierce and Witte. Magistrate Consent forms due by 11/7/2023. (FTR 1st floor.) (mr) |
| Filing 19 REPORT of Rule 26(f) Planning Meeting. (Lammers, Steven) |
| Filing 18 MAGISTRATE JUDGE CONSENT FORMS sent to all parties. (mr) |
| Filing 17 NOTICE of Hearing: Telephonic Rule 16 Preliminary Pretrial Conference set for 10/17/2023 at 11:00 AM in US District Court - Fort Wayne before Magistrate Judge Susan L Collins. Court to initiate call using telephone numbers appearing on the docket. Cell phones are not permitted.(mr) |
| Filing 15 Case transferred in from District of Indiana Southern; Case Number 1:23-cv-01458. Original file certified copy of transfer order and docket sheet received. |
| Filing 14 Transfer Letter to Clerk of the Northern District of Indiana. Case transferred electronically to Northern District of Indiana, on September 26, 2023. (KAA) [Transferred from Indiana Southern on 9/29/2023.] |
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Filing 13
CLOSED TRANSFER to Northern District of Indiana at Fort Wayne, Indiana. Defendant QCC's motion to dismiss, or in the alternative, transfer this case based on improper venue, dkt. #9 , is denied as moot. See Order. Signed by Judge Sarah Evans Barker on 9/26/2023.(KAA) [Transferred from Indiana Southern on 9/29/2023.]
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| Filing 12 RESPONSE in Opposition re #9 MOTION to Dismiss for Lack of Jurisdiction , filed by Plaintiff MISTY EASTERDAY. (Attachments: #1 Exhibit A - QCC Consent)(Hayes, Charles) [Transferred from Indiana Southern on 9/29/2023.] |
| Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand , filed by QUALITY CORRECTIONAL CARE LLC, UNKNOWN QCC EMPLOYEES.(Pierce, Brian) [Transferred from Indiana Southern on 9/29/2023.] |
| Filing 10 BRIEF/MEMORANDUM in Support re #9 MOTION to Transfer Case , filed by Defendant QUALITY CORRECTIONAL CARE LLC. (Pierce, Brian) [Transferred from Indiana Southern on 9/29/2023.] |
| Filing 9 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(3), or in the alternative MOTION to Transfer Case , filed by Defendant QUALITY CORRECTIONAL CARE LLC. (Pierce, Brian) Modified on 9/11/2023 (LBT). [Transferred from Indiana Southern on 9/29/2023.] |
| Filing 8 MARGINAL ENTRY re Defendant LaGrange County Sheriff Dept's #6 Motion for Extension of Time to File Answer - Denied as moot in that this Defendant has filed an answer. [Filing No. #7 ]. Signed by Magistrate Judge Tim A. Baker on 8/25/2023. (SWM) [Transferred from Indiana Southern on 9/29/2023.] |
| Filing 7 ANSWER to Complaint (Notice of Removal) with Jury Demand , filed by LaGRANGE COUNTY SHERIFF DEPT., AKA TRACY HARKER.(Witte, Daniel) [Transferred from Indiana Southern on 9/29/2023.] |
| Filing 6 Unopposed MOTION for Extension of Time to September 21, 2023 (Additional) to Answer, filed by Defendant LaGRANGE COUNTY SHERIFF DEPT., AKA TRACY HARKER. (Attachments: #1 Text of Proposed Order Granting Defendant LaGrange County Sheriff Dept., aka Tracy Harker's Unopposed Motion for Additional Extension of Time to Answer)(Witte, Daniel) [Transferred from Indiana Southern on 9/29/2023.] |
| Filing 5 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (LBT) [Transferred from Indiana Southern on 9/29/2023.] |
| Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (LBT) [Transferred from Indiana Southern on 9/29/2023.] |
| Filing 2 NOTICE of Appearance by Daniel Mark Witte on behalf of Defendant LaGRANGE COUNTY SHERIFF DEPT., AKA TRACY HARKER. (Witte, Daniel) [Transferred from Indiana Southern on 9/29/2023.] |
| Filing 1 NOTICE OF REMOVAL from Hamilton County Superior Court 5, case number 29D05-2307-CT-006502, filed by LaGRANGE COUNTY SHERIFF DEPT., AKA TRACY HARKER. (Filing fee $402, receipt number AINSDC-7769966) (Attachments: #1 State Court Record State Court Record (Complaint, Appearance, Summons, Appearance, Motion, Order, Appearance, Motion, Order, Appearance, Notice, #2 Supplement Complaint, #3 Civil Cover Sheet)(Witte, Daniel) [Transferred from Indiana Southern on 9/29/2023.] |
| Filing 16 STATE COURT COMPLAINT with Jury Demand against LaGrange County Sheriff Department, Quality Correctional Care LLC, Unknown LCSD Employees, Unknown QCC Employees, filed by Misty Easterday in Hamilton County Superior Court, 2905-2307-CT-006502.(sej) |
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