Vottero v. Sirocky et al
| Kyle Vottero |
| John Siroky, Sue I. Lynch, Deb Podgorski, Scott Williams, Gina Giese-Hurst, Patrick Clem, Brian Gulley, Collin Czilli and Ferdinand Alvarez |
| 2:2023cv00225 |
| July 2, 2023 |
| US District Court for the Northern District of Indiana |
| Joshua P Kolar |
| Philip P Simon |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on August 28, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 23 REPLY to Response to Motion re #2 MOTION for Temporary Restraining Order , #20 MOTION to Dismiss COUNTS THREE, FOUR, AND FIVE (42 U.S.C. 1983 CLAIMS) filed by Kyle Vottero. (Meisenhelder, Jay) |
| Filing 22 RESPONSE to Motion re #2 MOTION for Temporary Restraining Order filed by Ferdinand Alvarez, Patrick Clem, Collin Czilli, Gina Giese-Hurst, Brian Gulley, Sue I. Lynch, Deb Podgorski, John Siroky, Scott Williams. (Attachments: #1 Exhibit A - Council Minutes)(Curosh, Emily) |
| Filing 21 BRIEF in Support of #20 MOTION to Dismiss COUNTS THREE, FOUR, AND FIVE (42 U.S.C. 1983 CLAIMS) filed by Gina Giese-Hurst, Sue I. Lynch, Patrick Clem, Collin Czilli, John Siroky, Brian Gulley, Deb Podgorski, Ferdinand Alvarez, Scott Williams. (Curosh, Emily) |
| Filing 20 MOTION to Dismiss COUNTS THREE, FOUR, AND FIVE (42 U.S.C. 1983 CLAIMS) by Defendants Ferdinand Alvarez, Patrick Clem, Collin Czilli, Gina Giese-Hurst, Brian Gulley, Sue I. Lynch, Deb Podgorski, John Siroky, Scott Williams. (Attachments: #1 Exhibit A - Council Minutes)(Curosh, Emily) |
| Filing 19 BRIEF in Support of #2 MOTION for Temporary Restraining Order (Preliminary Injunction) filed by Kyle Vottero. (Attachments: #1 Exhibit A: Vottero Declaration)(Meisenhelder, Jay) |
Filing 18
ORDER granting #17 Motion for Extension of Time to File : The Court re-schedules the deadlines as follows: Preliminary Injunction motion to be filed by 8/8/2023, a Response by 8/28/2023 and a Reply by 9/4/2023. The Preliminary Injunction hearing remains scheduled for 9/5/2023 at 9:00 a.m. (central time). The TRO has been extended to 9/11/2023. Approved by Judge Philip P Simon on 7/27/2023. (nac)
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| Filing 17 MOTION for Extension of Time to File Preliminary Injunction Briefing by Defendants Ferdinand Alvarez, Patrick Clem, Collin Czilli, Gina Giese-Hurst, Brian Gulley, Sue I. Lynch, Deb Podgorski, John Siroky, Scott Williams. (Curosh, Emily) |
| Set Deadlines/Hearings: per #16 Defendants' Ferdinand Alvarez, Patrick Clem, Collin Czilli, Gina Giese-Hurst, Brian Gulley, Sue I. Lynch, Deb Podgorski, John Siroky and Scott Williams answer due 8/24/2023. (rmc) |
| Filing 16 AGREED NOTICE to extend time to file answer filed by Ferdinand Alvarez, Patrick Clem, Collin Czilli, Gina Giese-Hurst, Brian Gulley, Sue I. Lynch, Deb Podgorski, John Siroky, Scott Williams ; answer due by August 24, 2023. (Curosh, Emily) |
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Filing 15
ORDER: For the reasons discussed at the July 12 hearing, the expiration of the Temporary Restraining Order #9 is hereby EXTENDED to September 11, 2023, unless within such time the order, for good cause shown, is extended, or unless the Defendant consents that it should be extended for a longer period of time. Signed by Judge Philip P Simon on 7/13/2023. (rs)
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| Filing 14 TELEPHONE CONFERENCE held on 7/12/2023 before Judge Philip P Simon. Pla appeared by atty Jay Meisenhelder. Dfts appeared by atty Emily Curosh. Discussion on case and preliminary injunction motion. The Court ORDERS that the Temporary Restraining Order will be extended an additional 60 days, Court order forthcoming. Briefing schedule as follows: Plf shall have 20 days to file Motion for Preliminary Injunction. Defense shall have 20 days to respond. Reply - 7 days. At the conclusion of the hearing the parties agree on the date of 9/5/2023 at 9:00 a.m. (central time) for the Preliminary Injunction Hearing. The parties indicate that the Preliminary Injunction Hearing would take one day or less to present. (Court Reporter Angela Phipps.) (nac) |
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Filing 13
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 Joshua P Kolar on 7/12/2023. (tc)
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| Filing 12 NOTICE of Appearance by Elizabeth A Knight on behalf of All Defendants (Knight, Elizabeth) |
| Filing 11 NOTICE of Appearance by Emily Curosh on behalf of All Defendants (Curosh, Emily) |
| Filing 10 NOTICE of Hearing/Deadlines: A Telephonic Status Hearing is set in this matter before Judge Philip P. Simon for July 12, 2023 at 2:00 p.m. (central/Hammond time). The telephone status conference will be held by AT&T Conferencing and may be reached by dialing: 888-363-4749 and entering the code of 9147763. The plf shall make all reasonable efforts to provide notice of this order to the City of Portage defendants and ensure their appearance on Wednesday, July 12, 2023 at 2:00 p.m. (central). (nac) |
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Filing 9
TEMPORARY RESTRAINING ORDER. Signed by Judge Philip P Simon on 7/7/2023. (rs)
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| Filing 8 WITNESS and EXHIBIT LIST from Hearing held on 7/5/2023.(nac) |
| Filing 7 HEARING (Preliminary) regarding the request for a Temporary Restraining Order. Hearing held on 7/5/2023 before Judge Philip P Simon. Plf is present in person and by counsel Jay Meisenhelder. No one appears on behalf of the defense. Plaintiff's attorney details the efforts that he has made to advise the defense regarding this matter and the hearing that was scheduled for 7/5/2023 at 10:00 a.m. before Judge Philip P. Simon. (By 10:12 a.m on 7/5/23 no one for the defense had appeared at the courthouse). The Court is satisfied that the plf has made the required efforts to advise the defense of the case and the scheduled hearing. Court hears testimony of plf regarding the request for TRO. Plf offers two exhibits. The Court indicates that a TRO will be issued for 14 days. The plf's attorney shall provide a form of order for the court to sign. Another hearing will be set by the Court as soon as possible. (Court Reporter Stacy Drohosky.) (nac) |
| Filing 6 NOTICE of Appearance by Jay Meisenhelder on behalf of Kyle Vottero (Meisenhelder, Jay) |
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Filing 5
ORDER, An IN-PERSON hearing on plaintiffs motion for a temporary restraining order is set for Wednesday, July 5, 2023 at 10:00 a.m. Hammond/Central time. Plaintiff shall make all reasonable efforts to serve this order on the City of Portage defendants and ensure their appearance on Wednesday. Signed by Judge Philip P Simon on 7/3/2023. (rs)
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| Filing 4 Summons Issued as to Ferdinand Alvarez, Patrick Clem, Collin Czilli, Gina Giese-Hurst, Brian Gulley, Sue I. Lynch, Deb Podgorski, John Siroky, Scott Williams. 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) |
| **NEW CASE** **MOTION PENDING** Judge Philip P Simon and Magistrate Judge Joshua P Kolar added. (nhc) |
| Filing 3 MEMORANDUM in Support of #2 MOTION for Temporary Restraining Order filed by Kyle Vottero. (Meisenhelder, Jay) |
| Filing 2 MOTION for Temporary Restraining Order by Plaintiff Kyle Vottero. (Meisenhelder, Jay) |
| Filing 1 COMPLAINT and Jury Trial Demand against All Defendants ( Filing fee $ 402 receipt number AINNDC-5288201.), filed by Kyle Vottero. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Meisenhelder, Jay) |
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