Brown et al v. Lyons et al
| Jason C. Brown and Katrina Brown |
| Scott E. Lyons and Swift Transportation Co. of Arizona LLC |
| Pete Schroeder |
| 2:2022cv00358 |
| November 22, 2022 |
| US District Court for the Northern District of Indiana |
| John E Martin |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on January 12, 2023. A more recent docket listing may be available from PACER.
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Filing 23
ORDER: The Court ORDERS: Rule 26(a)(1) initial exchanges must be completed by 3/6/2023; Plaintiffs' deadline to seek leave to amend the pleadings is 3/1/2023;Defendants' deadline to seek leave to amend the pleadings is 5/1/2023; The deadline to complete all fact and expert discovery is 10/2/2023; Plaintiffs' expert witness disclosures and reports are to be provided to Defendants by 6/1/2023; Defendants' expert witness disclosures and reports are to be provided to Plaintiffs by 8/1/2023; Rule 26(e) supplements are due by 9/1/2023; The court APPROVES selection of Pete Schroder as mediator with mediation to be completed and a report filed by 10/2/2023; and The deadline for parties return either the consent to or the declination of the exercise of jurisdiction by a United States Magistrate Judge is extended to 1/31/2023. The Court VACATES the Preliminary Pretrial Conference currently scheduled for 2/16/2023. Signed by Magistrate Judge John E Martin on 1/12/23. (nhc)
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| Filing 22 NOTICE OF REASSIGNMENT OF CASE TO MAGISTRATE JUDGE: The parties having consented pursuant to 28 U.S.C. Section 636(c), in docket entry #20 this case is referred to Magistrate Judge John E Martin for all purposes and is reassigned pursuant to General Order 2018-2 from Judge Philip P Simon to Magistrate Judge John E Martin. (shk) |
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Filing 21
ORDER GRANTING #19 Defendants' Motion to Correct Dkt. #18 . The Court's order of 1/6/2023 #18 is VACATED. The parties' Joint Motion of Partial Dismissal #16 is GRANTED as clarified by the Motion to Correct and its attachments, and from Count III of the complaint #1 the following claims and allegations are dismissed WITHOUT prejudice paragraphs 41, 42, and portions of 44 relating to defendant Swift Transportation's hiring, qualifying, training, entrusting, supervising and retaining of defendant Lyons. Signed by Judge Philip P Simon on 1/11/2023. (mrm)
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| Filing 20 REPORT of Rule 26(f) Planning Meeting. (Pfleging, Lesley) |
| Filing 19 MOTION Correct Docket 18 re #16 Joint MOTION Partial Dismissal , #18 Order on Motion for Miscellaneous Relief, by Defendants Scott E. Lyons, Swift Transportation Co. of Arizona LLC. (Attachments: #1 Exhibit A- Joint Motion of Partial Dismissal, #2 Exhibit B- Order Granting Motion of Partial Dismissal)(Pfleging, Lesley) |
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Filing 18
**VACATED per Order DE #21 ** ORDER GRANTING #16 Joint Motion of Partial Dismissal. From Count III of the complaint #1 the following claims and allegations are dismissed with prejudice paragraphs 41, 42, and portions of 44 relating to defendant Swift Transportation's hiring, qualifying, training, entrusting, supervising and retaining of defendant Lyons. Signed by Judge Philip P Simon on 1/6/23. (ksp) Modified on 1/11/2023 to vacate (mrm).
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| Filing 17 ANSWER to #1 Complaint by Scott E. Lyons, Swift Transportation Co. of Arizona LLC.(Pfleging, Lesley) |
| Filing 16 Joint MOTION Partial Dismissal by Defendants Scott E. Lyons, Swift Transportation Co. of Arizona LLC. (Pfleging, Lesley) |
| Filing 15 MAGISTRATE JUDGE CONSENT FORMS sent to all parties.. (smb) |
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Filing 14
ORDER & NOTICE OF HEARING: Telephonic Rule 16 Preliminary Pretrial Conference set for 2/16/2023 10:00 AM Central before Magistrate Judge John E Martin. Proposed joint discovery plan in accordance with FRCP 26(f) due by 2/10/2023.Signed by Magistrate Judge John E Martin on 1/3/2023. (smb)
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Filing 13
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 12/9/2022. (smb)
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| Set Deadlines/Hearings: Scott E. Lyons answer due 1/5/2023; Swift Transportation Co. of Arizona LLC answer due 1/5/2023 per DE 12. (mlc) |
| Filing 12 NOTICE by Scott E. Lyons, Swift Transportation Co. of Arizona LLC of Automatic Initial Extension of Time Amended (Pfleging, Lesley) |
| Filing 11 NOTICE of Appearance by Macie L Hinen on behalf of Scott E. Lyons, Swift Transportation Co. of Arizona LLC (Hinen, Macie) |
| Filing 10 DEMAND for Trial by Jury by Scott E. Lyons, Swift Transportation Co. of Arizona LLC. (Pfleging, Lesley) |
| Filing 9 NOTICE by Scott E. Lyons, Swift Transportation Co. of Arizona LLC of Automatic Extension of Time to File Responsive Pleading (Pfleging, Lesley) |
| Filing 8 NOTICE of Appearance by Lesley A Pfleging on behalf of Scott E. Lyons, Swift Transportation Co. of Arizona LLC (Pfleging, Lesley) |
| Filing 7 SUMMONS REISSUED as to Scott E. Lyons, Swift Transportation Co. of Arizona 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. (jld) |
| Filing 6 Proposed Summons filed by Jason C. Brown, Katrina Brown. (Brown, Andrew) |
| Filing 5 Proposed Summons filed by Jason C. Brown, Katrina Brown. (Brown, Andrew) |
| Filing 4 Summons Issued as to Scott E. Lyons, Swift Transportation Co. of Arizona 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. (sej) |
| *NEW CASE* Judge Philip P Simon and Magistrate Judge John E Martin added. (sej) |
| Filing 3 NOTICE of Appearance by Andrew G Brown on behalf of All Plaintiffs (Brown, Andrew) |
| Filing 2 NOTICE of Appearance by Brian N Custy on behalf of All Plaintiffs (Custy, Brian) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number AINNDC-5085732.), filed by Jason C. Brown, Katrina Brown. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons)(Custy, Brian) |
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