Millwood v. Labno et al
| Debbie Millwood, Christopher Labno, Bureau of Alcohol, tobacco, Firearms and Explosives, Indiana Department of Child Protective Services, Williams, John Doe and State Law Enforcement Agency |
| 2:2022cv00212 |
| July 26, 2022 |
| US District Court for the Northern District of Indiana |
| Andrew P Rodovich |
| Theresa L Springmann |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 13, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 48
ORDER: The Court GRANTS #47 Motion to Withdraw Appearance. The appearance of Attorney Jonathan E. Halm on behalf of the Defendants Indiana Department of Child Protective Services, Whitney Williams is WITHDRAWN. By Magistrate Judge Andrew P Rodovich on 8/31/2022. Text entry only. (tc)
|
|
Filing 47
MOTION to Withdraw as Attorney by Defendants Indiana Department of Child Protective Services, Williams, Williams. (Halm, Jonathan)
|
|
Filing 46
MINUTE 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 Andrew P Rodovich on 8/25/2022. (tc)
|
|
Filing 45
NOTICE of Appearance by Joshua Thomas Martin on behalf of Indiana Department of Child Protective Services, Williams (Ms., First Name Unknown #2, individually and in her capacity as an Agent and Employee of the Indiana Department of Child Protective Services ), Williams (Ms., First Name Unknown #1, individually and in her capacity as an Agent and Employee of the Indiana Department of Child Protective Services) (Martin, Joshua)
|
|
Filing 44
NOTICE of Appearance by Adam J Strahan on behalf of Indiana Department of Child Protective Services, Williams (Ms., First Name Unknown #2, individually and in her capacity as an Agent and Employee of the Indiana Department of Child Protective Services ), Williams (Ms., First Name Unknown #1, individually and in her capacity as an Agent and Employee of the Indiana Department of Child Protective Services) (Strahan, Adam)
|
|
Filing 43
ORDER: The Court GRANTS #42 Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint. The deadline for Defendant Christopher Labno to answer or otherwise respond to Plaintiff's complaint is EXTENDED to 10/11/2022. By Magistrate Judge Andrew P Rodovich on 8/4/2022. Text entry only. (tc)
|
|
Filing 42
MOTION for Extension of Time to File Answer DEFENDANT CHRISTOPHER LABNOS UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFFS COMPLAINT by Defendant Christopher Labno. (Jefferson - AUSA, Sharon)
|
|
Filing 41
NOTICE of Appearance by Sharon Jefferson - AUSA on behalf of Christopher Labno (Jefferson - AUSA, Sharon)
|
|
Filing 40
MOTION for Judgment on the Pleadings on Previoulsy Motion to Dismiss by Defendants Indiana Department of Child Protective Services, Williams. (Halm, Jonathan)
|
|
Filing 39
Case transferred in from District of Illinois Northern; Case Number 1:20-cv-06491. Original file certified copy of transfer order and docket sheet received.
|
|
Filing 38
TRANSFERRED to the Northern District of Indiana, Hammond Division the electronic record.(daj, ) [Transferred from Illinois Northern on 7/26/2022.]
|
|
Filing 37
ORDER Signed by the Honorable Andrea R. Wood on 7/7/2022: Plaintiff's motion to transfer case to the Northern District of Indiana, Hammond Division #31 is granted. The Court directs the Clerk to transfer this case to the United States District Court for the Northern District of Indiana for all further proceedings. Defendant Christopher Labno's motion to dismiss for improper venue #24 is denied, and Defendants Indiana Department of Child Protective Services and Whitney Williams's motion to dismiss for lack of jurisdiction #21 is deferred for ruling by the transferee court. All other pending motions and hearing dates before this Court are stricken. Civil case terminated. See the accompanying Statement for details. Mailed notice (dal, ) [Transferred from Illinois Northern on 7/26/2022.]
|
|
Filing 36
MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing set for 6/15/2022 is stricken. Written ruling on pending motions to dismiss #21 , #24 , and motion to transfer venue #31 to follow separately. Mailed notice (aw,) [Transferred from Illinois Northern on 7/26/2022.]
|
|
Filing 35
MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's motion to extend deadline for Plaintiff's response in opposition to Defendant Williams' motion to dismiss #30 is granted. Plaintiff's response #29 is deemed timely filed. The Court will rule on the parties' pending motions to dismiss or transfer venue #21 , #24 , #31 by separate written order. Telephonic status hearing set for 6/1/2022 is stricken and reset for 6/15/2022 at 10:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (dal, ) [Transferred from Illinois Northern on 7/26/2022.]
|
|
Filing 34
REPLY by Christopher Labno to response in opposition to motion #28 , memorandum in support of motion #25 , MOTION by Plaintiff Debbie Millwood to transfer case to Northern District of Indiana, Hammond Division #31 , MOTION by Defendant Christopher Labno to dismiss for improper venue - Rule 12(b)(3) #24 (Cooney, Nigel) [Transferred from Illinois Northern on 7/26/2022.]
|
|
Filing 33
RESPONSE by Indiana Department of Child Protective Services, First Name Unknown Williams #1in Opposition to MOTION by Plaintiff Debbie Millwood to transfer case to Northern District of Indiana, Hammond Division #31 (Halm, Jonathan) [Transferred from Illinois Northern on 7/26/2022.]
|
|
Filing 32
REPLY by Defendant Indiana Department of Child Protective Services IN SUPPORT OF MOTION TO DISMISS (Halm, Jonathan) [Transferred from Illinois Northern on 7/26/2022.]
|
|
Filing 31
MOTION by Plaintiff Debbie Millwood to transfer case to Northern District of Indiana, Hammond Division (Wasik, Richard) [Transferred from Illinois Northern on 7/26/2022.]
|
|
Filing 30
MOTION by Plaintiff Debbie MillwoodExtend time to Respond to Defendant's Motion (Wasik, Richard) [Transferred from Illinois Northern on 7/26/2022.]
|
|
Filing 29
RESPONSE by Debbie Millwoodin Opposition to MOTION by Defendants Indiana Department of Child Protective Services, First Name Unknown Williams #1 to dismiss for lack of jurisdiction #21 (Attachments: #1 Exhibit Plaintiff's Motion to Transfer Venue)(Wasik, Richard) [Transferred from Illinois Northern on 7/26/2022.]
|
|
Filing 28
RESPONSE by Debbie Millwoodin Opposition to MOTION by Defendant Christopher Labno to dismiss for improper venue - Rule 12(b)(3) #24 (Attachments: #1 Exhibit Plaintiff's Motion to Transfer Venue)(Wasik, Richard) [Transferred from Illinois Northern on 7/26/2022.]
|
|
Filing 27
MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 2/1/2022. The Court sets a briefing schedule for Defendant Labno's motion to dismiss #24 and extends the briefing schedule for Defendant Williams's motion to dismiss #21 as follows: Plaintiff shall file responses to the motions to dismiss by 3/8/2022. Defendants shall file replies by 3/22/2022. Discovery, other than discovery necessary to identify and locate Defendants, is stayed until further order of the Court. Telephonic status hearing set for 6/1/2022 at 9:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (dal, ) [Transferred from Illinois Northern on 7/26/2022.]
|
|
Filing 26
MINUTE entry before the Honorable Andrea R. Wood: The Court will set a briefing schedule for Defendant Labno's motion to dismiss for improper venue #24 at the telephonic hearing set for 2/1/2022. Mailed notice (dal, ) [Transferred from Illinois Northern on 7/26/2022.]
|
|
Filing 25
MEMORANDUM by Christopher Labno in support of motion to dismiss #24 (Cooney, Nigel) [Transferred from Illinois Northern on 7/26/2022.]
|
|
Filing 24
MOTION by Defendant Christopher Labno to dismiss for improper venue - Rule 12(b)(3) (Cooney, Nigel) [Transferred from Illinois Northern on 7/26/2022.]
|
|
Filing 23
MINUTE entry before the Honorable Andrea R. Wood: Defendant Whitney Williams has filed a motion to dismiss under Federal Rule of Civil Procedure 12(B)(1), 12(B)(2) and 12(B)(6) #21 . Plaintiff shall file a response to the motion by 2/10/2022. Defendant shall file a reply by 2/24/2022. Telephonic status hearing set for 2/1/2022 remains firm. Mailed notice (dal, ) [Transferred from Illinois Northern on 7/26/2022.]
|
|
Filing 22
MEMORANDUM by Indiana Department of Child Protective Services, First Name Unknown Williams #1 in support of motion to dismiss/lack of jurisdiction #21 (Attachments: #1 Exhibit 1)(Halm, Jonathan) [Transferred from Illinois Northern on 7/26/2022.]
|
|
Filing 21
MOTION by Defendants Indiana Department of Child Protective Services, First Name Unknown Williams #1 to dismiss for lack of jurisdiction (Halm, Jonathan) [Transferred from Illinois Northern on 7/26/2022.]
|
|
Filing 20
ATTORNEY Appearance for Defendants Indiana Department of Child Protective Services, First Name Unknown Williams #1 by Jonathan Edward Halm (Halm, Jonathan) [Transferred from Illinois Northern on 7/26/2022.]
|
|
Filing 19
ATTORNEY Appearance for Defendants Indiana Department of Child Protective Services, First Name Unknown Williams #1 by Jonathan Edward Halm (Halm, Jonathan) [Transferred from Illinois Northern on 7/26/2022.]
|
|
Filing 18
MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 12/2/2021. Plaintiff reports that Defendant Williams and Defendant Labno were personally served on 11/29/2021. Plaintiff shall reply to Defendant Labno's response to Plaintiff's amended motion to compel compliance with previously issued subpoenas #13 by 12/16/2021. Telephonic status hearing set for 2/1/2022 at 9:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (dal, ) [Transferred from Illinois Northern on 7/26/2022.]
|
|
Filing 17
RESPONSE by Christopher Labnoin Opposition to MOTION by Plaintiff Debbie Millwood to compel compliance with previously issued subpoenas #12 , MOTION by Plaintiff Debbie Millwood to compel compliance with previously issued subpoenas #13 (Attachments: #1 Exhibit, #2 Exhibit)(Cooney, Nigel) [Transferred from Illinois Northern on 7/26/2022.]
|
|
Filing 16
MINUTE entry before the Honorable Andrea R. Wood: Telephonic status and motion hearing held on 9/24/2021. Attorney Michael Blinn appears on behalf of subpoena respondents Indiana Department of Child Services ("DCS"). The subpoena compliance issue having been resolved as to DCS, the motion to compel compliance is terminated as to DCS and DCS is discharged. Defendant Labno shall respond to Plaintiff's motion to compel compliance with subpoena #13 by 10/15/2021. Plaintiff shall reply by 10/29/2021. The time for service of Defendant Labno is extended to 12/2/2021. Attorney Wasik shall proceed with service on Defendant Labno and file a proof of service. Telephonic status hearing set for 12/2/2021 at 9:30 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (dal, ) [Transferred from Illinois Northern on 7/26/2022.]
|
|
Filing 15
DESIGNATION of Nigel B Cooney as U.S. Attorney for Defendant Christopher Labno (Cooney, Nigel) [Transferred from Illinois Northern on 7/26/2022.]
|
|
Filing 14
MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's amended motion to compel compliance with subpoena #13 is set for a telephonic motion hearing on 9/24/2021 at 10:00 AM. Subpoena respondents Indiana Department of Child Services and Christopher Labno are directed to appear by telephone for the hearing. Plaintiff shall provide subpoena respondents with actual notice of this order. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (dal, ) [Transferred from Illinois Northern on 7/26/2022.]
|
|
Filing 13
MOTION by Plaintiff Debbie Millwood to compel compliance with previously issued subpoenas (Attachments: #1 Exhibit Subpoena to IN Dept. of Child Services, #2 Exhibit Subpoena to Christopher Labno)(Wasik, Richard) [Transferred from Illinois Northern on 7/26/2022.]
|
|
Filing 12
MOTION by Plaintiff Debbie Millwood to compel compliance with previously issued subpoenas (Attachments: #1 Exhibit Subpoena to Indiana Dept. of Child Services, #2 Exhibit Subpoena to Christopher Labno)(Wasik, Richard) [Transferred from Illinois Northern on 7/26/2022.]
|
|
Filing 11
MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 9/2/2021. Plaintiff shall file any motion to enforce outstanding subpoenas by 9/10/2021. Telephonic status hearing set for 9/24/2021 at 10:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (dal, ) [Transferred from Illinois Northern on 7/26/2022.]
|
|
Filing 10
MINUTE entry before the Honorable Andrea R. Wood: Having considered Plaintiff's status report #9 , the Court sets a telephonic status hearing for 9/2/2021 at 10:30 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (dal, ) [Transferred from Illinois Northern on 7/26/2022.]
|
|
Filing 9
STATUS Report by Debbie Millwood (Wasik, Richard) [Transferred from Illinois Northern on 7/26/2022.]
|
|
Filing 8
MINUTE entry before the Honorable Andrea R. Wood: By order dated 3/30/2021 #7 , Plaintiff was directed to file a status report regarding efforts to identify the unknown Defendants by 4/30/2021. Yet, as of 7/6/2021, Plaintiff had not filed her report. Plaintiff is hereby directed to file the previously ordered status report by 7/12/2021. Plaintiff is further reminded to comply with all court-ordered deadlines. Mailed notice (dal, ) [Transferred from Illinois Northern on 7/26/2022.]
|
|
Filing 7
MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 3/30/2021. Plaintiff is given leave to conduct early discovery in the form of third-party subpoenas solely for the purpose of identifying the unnamed Defendants. By 4/30/2021, Plaintiff shall file a status report stating whether Defendants have been served and the status of the discovery targeted towards identifying the unnamed Defendants. Mailed notice (dal, ) [Transferred from Illinois Northern on 7/26/2022.]
|
|
Filing 6
MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 1/28/2021 and continued to 3/30/2021 at 9:45 AM. The Court finds good cause to extend the time for service under Fed. R. Civ. P. 4(m). Plaintiff shall have until 3/30/2021 to serve Defendant or obtain a waiver of service. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (dal, ) [Transferred from Illinois Northern on 7/26/2022.]
|
|
Filing 5
MINUTE entry before the Honorable Andrea R. Wood: Case called for status on 1/13/2021. Plaintiff fails to appear. Plaintiff's counsel is reminded of the obligation to appear at all status hearings and to contact the Court's staff in advance if they will be unable to attend. As it appears that summonses have not been issued, Plaintiff's counsel is also reminded to proceed expeditiously to serve named Defendants. Pursuant to Fed. R. Civ. P. 4(m), Plaintiff has 90 days from when the complaint was filed to serve Defendants. Telephonic status hearing reset for 1/28/2021 at 10:45 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (dal, ) [Transferred from Illinois Northern on 7/26/2022.]
|
|
Filing 4
MINUTE entry before the Honorable Andrea R. Wood: Telephonic initial status conference set for 1/13/2021 at 9:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. The parties are directed to meet and conduct a planning conference pursuant to Federal Rule of Civil Procedure 26(f). At least seven days before the initial status hearing, the parties shall file a joint written status report, not to exceed five pages in length. The initial status report shall provide the information described on the Court's website at www.ilnd.uscourts.gov under District Judges, Judge Andrea R. Wood, Initial Status Conference.Mailed notice (dal, ) [Transferred from Illinois Northern on 7/26/2022.]
|
|
CASE ASSIGNED to the Honorable Andrea R. Wood. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (dxb, ) [Transferred from Illinois Northern on 7/26/2022.]
|
|
Filing 3
ATTORNEY Appearance for Plaintiff Debbie Millwood by Richard J. Wasik (Wasik, Richard) [Transferred from Illinois Northern on 7/26/2022.]
|
|
Filing 2
CIVIL Cover Sheet (Wasik, Richard) [Transferred from Illinois Northern on 7/26/2022.]
|
|
Filing 1
COMPLAINT filed by Debbie Millwood; Jury Demand. Filing fee $ 400, receipt number 0752-17599677.(Wasik, Richard) [Transferred from Illinois Northern on 7/26/2022.]
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Indiana Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
