Fussell v. Popplewell et al
Plaintiff: Ricky James Fussell
Defendant: Robert Popplewell, Daniel Fisher and Samuel Downs
Case Number: 2:2022cv00025
Filed: February 11, 2022
Court: US District Court for the Northern District of Indiana
Presiding Judge: John E Martin
Referring Judge: Philip P Simon
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42 U.S.C. § 1983 Civil Rights (Employment Discrimination)
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 16, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 16, 2022 Opinion or Order Filing 31 PROOF OF SERVICE Executed as to #29 Order Dismissing Case, and #30 Clerks Judgment. (ash)
November 8, 2022 Opinion or Order Filing 30 CLERK'S ENTRY OF JUDGMENT. (Copy mailed to pro se party via cert # 7000 1670 0012 9260 9376) (sej)
November 7, 2022 Opinion or Order Filing 29 ORDER: As Plaintiff Ricky James Fussell has failed to file an amended complaint by 11/03/2022, as previously ordered by the Court this case is DISMISSED. The Clerk is directed to CLOSE the case. Signed by Judge Philip P Simon on 11/07/2022. (Copy mailed to pro se party via cert # 7000 1670 0012 9260 9376)(sej)
October 3, 2022 Opinion or Order Filing 28 ORDER GRANTING #27 Letter Requesting Extension of Time and ORDERING that Plaintiff Fussell has an extension of time through 11/3/2022, within which to file a motion to amend his complaint, with the proposed amendment attached as an exhibit. N.D. Ind. L.R. 15-1. The Court CAUTIONS Plaintiff that no additional extensions of this deadline will be permitted. Signed by Magistrate Judge John E Martin on 10/3/2022. (Copy mailed to pro se party)(ash)
September 30, 2022 Opinion or Order Filing 27 Letter requesting Extension of time by Plaintiff Ricky James Fussell. (nhc)
September 22, 2022 Opinion or Order Filing 26 Mail Returned from Ricky James Fussell as Undeliverable - Unable to Forward - #25 Opinion and Order. (nal)
September 1, 2022 Opinion or Order Filing 25 OPINION AND ORDER: The Motion to Dismiss #13 filed by Defendants Daniel Fisher and Samuel Downs is GRANTED. The Motion to Dismiss filed by Defendant Robert Popplewell #16 is GRANTED. However, Plaintiff Ricky James Fussell will be given thirty days to file an amended complaint, if he believes he can address the deficiencies identified in the Courts order. Signed by Judge Philip P Simon on 9/1/2022. (Copy mailed to pro se party)(shk)
August 29, 2022 Opinion or Order Filing 24 DEFENDANT POPPLEWELL'S RESPONSE TO PLAINTIFF FUSSELL'S AUGUST 22, 2022 LETTER by Robert Popplewell . (Yokich, Stephen)
August 29, 2022 Opinion or Order Filing 23 REPLY to Response to Motion re #13 MOTION to Dismiss filed by Samuel Downs, Daniel Fisher. (McDermott, Dorothy)
August 22, 2022 Opinion or Order Filing 22 RESPONSE to Motions to Dismiss filed by Ricky James Fussell. (nal)
August 3, 2022 Opinion or Order Filing 21 NOTICE: Ricky James Fussell, and counsel for Robert Popplewell was directed to return the Consent to or Declination of the Exercise of Jurisdiction by a United States Magistrate Judge attached at Docket Entry #19 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. Ricky James Fussell, Robert Popplewell 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 phone. Copy of #19 mailed to pro se pltf. (shk)
July 19, 2022 Opinion or Order Filing 20 ORDER: This Court NOTIFIES Plaintiff that failure to file a response to Defendants' motions to dismiss #13 and #16 may result in the Court summarily ruling on this matter. Plaintiff is ORDERED to respond to Defendants' motions on or before 8/2/2022. Defendants are ORDERED to file a reply, if any, on or before 8/9/2022. Signed by Judge Philip P Simon on 7/19/2022. (Copy mailed to pro se party). (nhc) Modified on 7/20/2022 to add additional motion not originally mentioned in entry. (nac).
June 24, 2022 Opinion or Order Filing 19 MAGISTRATE JUDGE CONSENT FORMS sent to all parties.. Magistrate Consent forms due by 7/15/2022. (smb) (Copy to pro se party)
June 24, 2022 Opinion or Order Filing 18 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 John E Martin on 6/24/2022. (Copy mailed to pro se party)(smb)
June 22, 2022 Opinion or Order Filing 17 MEMORANDUM in Support of #16 MOTION to Dismiss filed by Robert Popplewell. (Attachments: #1 Exhibit A)(Yokich, Stephen)
June 22, 2022 Opinion or Order Filing 16 MOTION to Dismiss by Defendant Robert Popplewell. (Yokich, Stephen)
June 22, 2022 Opinion or Order Filing 15 NOTICE of Appearance by Stephen A Yokich on behalf of Robert Popplewell (Yokich, Stephen)
June 17, 2022 Opinion or Order Filing 14 BRIEF in Support of #13 MOTION to Dismiss filed by Samuel Downs, Daniel Fisher. (McDermott, Dorothy)
June 17, 2022 Opinion or Order Filing 13 MOTION to Dismiss by Defendants Samuel Downs, Daniel Fisher. (McDermott, Dorothy)
June 17, 2022 Opinion or Order Filing 12 NOTICE of Appearance by Caitlin S Schroeder on behalf of Samuel Downs, Daniel Fisher (Schroeder, Caitlin)
June 17, 2022 Opinion or Order Filing 11 NOTICE of Appearance by Dorothy D McDermott on behalf of Samuel Downs, Daniel Fisher (McDermott, Dorothy)
June 17, 2022 Opinion or Order Filing 10 NOTICE of Appearance by Rodney M Torbic on behalf of Samuel Downs, Daniel Fisher (Torbic, Rodney)
May 20, 2022 Opinion or Order Filing 9 Summons Issued as to Samuel Downs, Daniel Fisher, Robert Popplewell. 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. (nhc)
May 13, 2022 Opinion or Order Filing 8 PROOF OF SERVICE Executed as to #7 Order. (jdb)
May 4, 2022 Opinion or Order Filing 7 ORDER: The Court hereby ORDERS Plaintiff Ricky James Fussell to file all necessary summons to the Clerk of Court for the Northern District of Indiana by 5/22/2022. Plaintiff must thereafter make arrangements for proper service of said summons on all Defendants. The Court CAUTIONS Plaintiff that failure to respond by the 5/22/2022, deadline may result in dismissal of this case without further notice. Signed by Magistrate Judge John E Martin on 5/4/2022. (Copy mailed to pro se party via certified mail 7099 3400 0003 4516 1527). (shk) Modified on 5/4/2022 to add certified information. (nal)
April 15, 2022 Opinion or Order Filing 6 Filing fee received: $ 402.00, receipt number 2024510. (shk)
April 15, 2022 Opinion or Order ***Deficiency Deadline terminated. (shk)
March 16, 2022 Opinion or Order Filing 5 ORDER: The court GRANTS the plaintiff until 4/15/2022 to pay the filing fee of $402.00; and CAUTIONS the plaintiff if he does not make the payment on or before 4/15/2022, this case will be dismissed without further notice. Signed by Judge Philip P Simon on 3/15/2022. (Copy mailed to pro se party)(lhc)
March 15, 2022 Opinion or Order Filing 4 Letter requesting an extension by Plaintiff Ricky James Fussell. (nhc)
February 15, 2022 Opinion or Order Deadline set per DE #3 Order. (mrm)
February 15, 2022 Opinion or Order Filing 3 OPINION AND ORDER DENYING #2 Motion for Leave to Proceed in forma pauperis filed by Ricky James Fussell. GRANTING the plaintiff until 3/15/2022 to pay the filing fee of $402.00 and CAUTIONING the plaintiff if there is no response by the deadline, this case will be dismissed without further notice. Signed by Judge Philip P Simon on 2/15/2022. (Copy mailed to pro se party)(mrm)
February 11, 2022 Opinion or Order Filing 2 MOTION for Leave to Proceed in forma pauperis by Plaintiff Ricky James Fussell. (jdb)
February 11, 2022 Opinion or Order Filing 1 PRO SE COMPLAINT against Samuel Downs, Daniel Fisher, Robert Popplewell, filed by Ricky James Fussell. (jdb)

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Plaintiff: Ricky James Fussell
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Defendant: Robert Popplewell
Represented By: Stephen A Yokich
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Defendant: Daniel Fisher
Represented By: Caitlin S Schroeder
Represented By: Dorothy D McDermott
Represented By: Rodney M Torbic
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Defendant: Samuel Downs
Represented By: Caitlin S Schroeder
Represented By: Dorothy D McDermott
Represented By: Rodney M Torbic
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