Onishi v. Chapleau et al
| Toshisada Onishi and Teruko Onishi |
| Michaelene M Machowiak, David Charles Chapleau, Arienne Meiring, Nancy Harris Viadik, Denise Westendorp, Ethan McKinney, Curtis Hill, Jenny Pitts Manier, Loraine Reed, Andrew Kostielney, St Joseph County of, Patricia A Riley, John T Sharpnack, David C Chapleau, Rachel Ellen House, Ezra H Friedlander and Paul D Mathias |
| 3:2019cv01048 |
| November 15, 2019 |
| US District Court for the Northern District of Indiana |
| Michael G Gotsch |
| Damon R Leichty |
| Civil Rights: Other |
| 42 U.S.C. § 1981 Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 25, 2022. A more recent docket listing may be available from PACER.
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Filing 156
Mail Returned from Toshisada Onishi as Undeliverable - Not deliverable as addressed, unable to forward - #143 Order. (kmt)
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Filing 154
***Motion terminated and STRICKEN per #143 Order*** MOTION to Amend/Correct #153 STIPULATION by Plaintiff Toshisada Onishi. (Attachments: #1 Exhibit 1 - The February 25, 2022 Notice of Theodore Edward Rokita and others, #2 Exhibit 2 - 42 USC 1987 Complaint, #3 Exhibit 3 - 42 USC 1987 Complaint (ECF 102))(Onishi PHV, Toshisada) Modified on 3/14/2022 to term motion and restrict (nae).
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Filing 153
***Motion terminated and STRICKEN per #143 Order*** STIPULATION by Plaintiff Toshisada Onishi. (Attachments: #1 Exhibit 1 - The February 25, 2022 Notice of Theodore Edward Rokita and others, #2 Exhibit 2 - 42 USC 1987 Complaint, #3 Exhibit 3 - 42 USC 1987 Complaint (ECF 102))(Onishi PHV, Toshisada) Modified on 3/14/2022 to term motion and restrict (nae).
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Filing 152
***STRICKEN PER #143 ORDER*** Emergency MOTION for Arrest and Prosecution of David Chapleau and Rachel House under 42 U.S.C. 1987 by Plaintiff Toshisada Onishi. (Attachments: #1 Exhibit The August 21, 2021 Letter to the White House, #2 Exhibit The August 21, 2021 Letter)(Onishi PHV, Toshisada) Modified on 8/23/2021 (jld).
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Filing 151
AMENDED CLERK'S ENTRY OF JUDGMENT (adding full party text descriptions). (dk)
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Filing 144
CLERK'S ENTRY OF JUDGMENT. (dk)
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Filing 143
ORDER: The court DIRECTS the clerk to strike docket entries 116-141, though these filings will remain part of the record, albeit of no effect; and, pursuant to the circuit's mandate (ECF #142 ), DIRECTS the clerk to enter judgment and dismiss this case for lack of subject matter jurisdiction. This order and judgment terminate the case. Future filings to be stricken without further order. Signed by Judge Damon R Leichty on 6/11/2021. (dk) Modified on 6/14/2021 (cjb).
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Filing 142
MANDATE of USCA as to #91 Notice of Appeal filed by Toshisada Onishi: The judgment is VACATED and REMANDED with instructions to dismiss for lack of jurisdiction in accordance with the decision of this court entered on this date. Costs to the appellee. (Attachments: #1 Certified Nonprecedential Disposition, #2 Certified Final Judgment)(jld)
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Filing 113
ORDER: The Court ORDERS the Clerk of the Court to STRIKE the filings made after the date of the Seventh Circuit's opinion (ECF 98-111), ORDERS Mr. Onishi not to make any additional filings in this matter, and ADMONISHES Mr. Onishi once more to cease inappropriate communications with the Court or its staff. Signed by Judge Damon R Leichty on 6/3/2021. (rmf)
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Filing 98
NOTICE by Teruko Onishi, Toshisada Onishi re #94 USCA Case Number, #91 Notice of Appeal of the Final Judgment vacating the February 7, 2020 Order (ECF 73) (Onishi PHV, Toshisada)
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Filing 97
AMENDED CLERK'S ENTRY OF JUDGMENT. (amended to move second plaintiff's position in caption) (bas) Modified on 9/9/2020 (bas).
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Filing 96
TRANSCRIPT REQUEST by Toshisada Onishi for proceedings held on JANUARY 28, 2020 before Judge DAMON R. LEICHTY, re #91 Notice of Appeal, #95 Appeal Transcript Request Transcript due by 6/15/2020. (db)
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Filing 95
TRANSCRIPT REQUEST by Teruko Onishi, Toshisada Onishi before Judge The Honorable Damon R. Leichty, re #91 Notice of Appeal Transcript due by 6/15/2020. (Onishi PHV, Toshisada)
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Filing 94
USCA Case Number 20-1913 for #91 Notice of Appeal filed by Teruko Onishi, Toshisada Onishi. (jld)
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Filing 93
Short Record Sent to US Court of Appeals re #91 Notice of Appeal. Appeal filing fees paid in the amount of $505 - Receipt # 0755-4238641. (bas)
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Filing 92
Docketing Statement re: #91 Notice of Appeal filed by Teruko Onishi, Toshisada Onishi. (Onishi PHV, Toshisada)
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Filing 91
NOTICE OF APPEAL, filed by Plaintiffs Teruko Onishi, Toshisada Onishi. Filing fee $ 505, receipt number 0755-4238641. (Onishi PHV, Toshisada)
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Filing 90
CLERK'S ENTRY OF JUDGMENT. (bas)
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Filing 89
OPINION AND ORDER DENYING #85 First MOTION to Disqualify Judge Leichty and Judge Gotsch. Mr. Onishis request vis-a-vis the magistrate judge has been addressed separately (ECF #88 ). The clerk of the court is DIRECTED to enter judgment for defendants and against Mr. Onishi according to the courts prior order dismissing the case with prejudice (ECF #73 ). There being no other motions or matters, this case remains terminated. Signed by Judge Damon R Leichty on 5/4/2020. (bas)
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Filing 88
OPINION AND ORDER DENYING IN PART Mr. Onishi's motion for the undersigned magistrate judge to recuse himself #85 . Mr. Onishi's motion as to the presiding judge will be addressed by separate order. Signed by Magistrate Judge Michael G Gotsch, Sr on 5/4/2020. (mrm)
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Filing 87
TRANSCRIPT of HEARING held on JANUARY 28, 2020, before Judge Damon R Leichty. Court Reporter Debra Bonk, Telephone 574-246-8039, E-mail debra_bonk@innd.uscourts.gov. Tape Number: NA. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IMPORTANT: Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above matter. The parties have 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Redaction Request - Transcript shall be e-filed with the Court. Access to this request will be restricted to the Court and attorneys of record in the case. If no such Notice and Redaction Request are filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the Court Reporter. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Notice of Intent to Redact due 5/12/2020. Redaction Request due 5/22/2020. Redacted Transcript Deadline set for 6/1/2020. Release of Transcript Restriction set for 7/30/2020. (db)
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Filing 86
NOTICE by Teruko Onishi, Toshisada Onishi Concerning Plaintiffs' intent to appeal (Onishi PHV, Toshisada)
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Filing 85
First MOTION to Disqualify Judge Leichty and Judge Gotsch by Plaintiffs Teruko Onishi, Toshisada Onishi. (Attachments: #1 Affidavit Declaration of Toshisada Onishi in support of motion to recuse and disqualify 4.9.2020)(Onishi PHV, Toshisada)
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Filing 84
ORDER Plaintiff, Toshisada Onishi filed a #80 notice expressing an intent to appeal, but first requests the court to revise its March 23, 2020 order. See ECF 80 at 2. Although not entitled a motion, any request to revise the court's prior #79 order is denied for the reasons stated already. If Mr. Onishi desires to appeal, he should file a notice in accordance with applicable rules seeking that appeal. Signed by Judge Damon R Leichty on 4/1/20. (kjp)
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Filing 82
NOTICE by Teruko Onishi, Toshisada Onishi concerning filing COMPLAINT OF MISCONDUCT WITH UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT (Attachments: #1 Exhibit COMPLAINT OF MISCONDUCT, #2 Affidavit Declaration of Toshisada Onishi in support of COMPLAINT OF MISCONDUCT, #3 Exhibit Docket Report)(Onishi PHV, Toshisada)
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Filing 83
TRANSCRIPT REQUEST by Toshisada Onishi for proceedings held on 1/28/2020 before Judge Leichty. (jld)
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Filing 81
Letter from COURT REPORTER TO PLAINTIFF (db)
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Filing 80
NOTICE by Teruko Onishi, Toshisada Onishi Concerning omission of material facts in the March 23, 2020 Order (Onishi PHV, Toshisada)
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Filing 79
ORDER GRANTING #76 MOTION to Withdraw #74 First MOTION for Reconsideration by Plaintiff Toshisada Onishi; ORDERING #74 First MOTION for Reconsideration by Plaintiffs Teruko Onishi, Toshisada Onishi sealed; and DENYING #75 Second MOTION for Reconsideration by Plaintiffs Teruko Onishi, Toshisada Onishi. Signed by Judge Damon R Leichty on 3/23/2020. (lhc) Modified on 3/24/2020 (dk).
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Filing 78
RESPONSE to Motion re #75 First MOTION for Reconsideration filed by David Charles Chapleau, Ezra H Friedlander, Curtis Hill, Michaelene M Machowiak, Jenny Pitts Manier, Paul D Mathias, Ethan McKinney, Patricia A Riley, John T Sharpnack, Nancy Harris Viadik. (Rahman, Andrea)
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Filing 77
NOTICE by Teruko Onishi, Toshisada Onishi Concerning denial of access to CM/ECF (Attachments: #1 Exhibit E1 - Denial of Plaintiff's access to CM.ECF 3.6.2020, #2 Exhibit E2 - Plaintiff's regained access to CM.ECF 3.9.2020)(Onishi PHV, Toshisada)
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Filing 76
MOTION to Withdraw #74 First MOTION for Reconsideration by Plaintiff Toshisada Onishi. (Onishi PHV, Toshisada)
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Filing 75
Second MOTION for Reconsideration by Plaintiffs Teruko Onishi, Toshisada Onishi. (Attachments: #1 Exhibit E1 - Request to this Court to disregard the motion submitted in November 2019, #2 Exhibit E2 - Plaintiff's Emails to Judge Leichty and Judge Gotsch, #3 Exhibit E3 - Article regarding Judge Gotsch)(Onishi PHV, Toshisada) Modified on 3/24/2020 (dk).
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Filing 74
*WITHDRAWN pursuant to #79 * First MOTION for Reconsideration by Plaintiffs Teruko Onishi, Toshisada Onishi. (Attachments: #1 Exhibit E1 - Request to this Court to disregard the motion submitted in November 2019, #2 Exhibit E2 - Plaintiff's Emails to Judge Leichty and Judge Gotsch, #3 Exhibit E3 - Article regarding Judge Gotsch, #4 Exhibit E4 - Income withholding order issued by Defendant Machowiak)(Onishi PHV, Toshisada) Modified on 3/24/2020 (lhc).
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Filing 73
ORDER: The court STRIKES the third amended complaint (ECF 49 ). This action is DISMISSED WITH PREJUDICE. The voluntary motions to dismiss (ECF #63 , #64 , #65 , #66 ) and amended verified motion for leave to appear pro hac vice for purposes of another preliminary injunction filing (ECF #72 ) are DENIED AS MOOT. This order terminates the case. Signed by Judge Damon R Leichty on 2/7/2020. (dk)
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Filing 72
Amended Verified Emergency MOTION for Leave for Temporary Pro Hac Vice Appearance to File Emergency Motion for Preliminary Injunction (NJ 141002017) by Plaintiff Toshisada Onishi. (nae)
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Filing 71
SHOW CAUSE HEARING held on 1/28/2020 before Judge Damon R Leichty. Pla appeared pro se. Dft appeared by attys Agostino, Nemeth, Towner, Rahman. The court hears from the parties. For reasons stated, the court takes the matter under advisement. Written order to follow. (Court Reporter D. Bonk.) (dk)
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Filing 70
ORDER: The Court STRIKES Mr. Onishi's redacted third amended complaint 67 in its entirety, as non-compliant with the rules and court's orders; STRIKES [49-26], and ORDERS Mr. Onishi to refrain from filing any further pleadings, as defined under Federal Rule of Civil Procedure 7(a), until the show cause hearing. The Court will address the status of Mr. Onishi's case at the show cause hearing on 01/28/2020. Signed by Judge Damon R Leichty on 01/23/2020. (jat)
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Filing 69
ACKNOWLEDGEMENT OF APPEARANCE AND OF NOTICE OF SUBSTITUTION OF COUNSEL re #68 MOTION to Substitute Attorney and Appearance by Defendants. The appearance of Parvinder K. Nijjar, Deputy Attorney General is withdrawn and the appearance of Andrea E. Rahman is entered for the Defendants. The Appearances of Rebecca L. McClain and Jefferson S. Garn remain in effect. Attorney Parvinder Nijjar terminated. Signed by Magistrate Judge Michael G Gotsch, Sr on 1/15/2020. (lhc)
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Filing 68
MOTION to Substitute Attorney and Appearance by Defendants David Charles Chapleau, Ezra H Friedlander, Curtis Hill, Michaelene M Machowiak, Jenny Pitts Manier, Paul D Mathias, Ethan McKinney, Patricia A Riley, John T Sharpnack, Nancy Harris Viadik. (Rahman, Andrea)
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Filing 66
First MOTION to Dismiss Defendant Michaelene M. Machowiak from this action without prejudice by Plaintiff Toshisada Onishi. (Onishi PHV, Toshisada)
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Filing 65
First MOTION to Dismiss Defendant Denise Westendorp from this action without prejudice by Plaintiff Toshisada Onishi. (Onishi PHV, Toshisada)
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Filing 64
First MOTION to Dismiss Defendant John T. Sharpnack and Defendant Paul D. Mathias from this action without prejudice by Plaintiff Toshisada Onishi. (Onishi PHV, Toshisada)
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Filing 63
First MOTION to Dismiss Defendant Riley and Defendant Friedlander by Plaintiff Toshisada Onishi. (Onishi PHV, Toshisada)
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| Set/Reset Deadlines: Rachel House, answer due 2/24/2020. (lhc) |
| Filing 62 NOTICE by Rachel Ellen House re #49 Amended Complaint,,,,,,, Notice of Automatic Initial Extension (Towner, Sean) |
| Filing 61 NOTICE of Appearance by Robert J Palmer on behalf of Rachel Ellen House (Palmer, Robert) |
| Filing 60 NOTICE of Appearance by Sean M Towner on behalf of Rachel Ellen House (Towner, Sean) |
| Filing 59 NOTICE of Hearing: Show Cause Hearing and Status Conference set for 1/28/2020 10:00 AM (EDT) in US District Court - South Bend before Judge Damon R Leichty. (dk) |
| Filing 58 NOTICE by Andrew Kostielney, Loraine Reed, St Joseph County of, Denise Westendorp re #49 Amended Complaint,,,,,,, of AUTOMATIC INITIAL EXTENSION (Nemeth, Stephanie) |
| Filing 57 NOTICE by David Charles Chapleau, Ezra H Friedlander, Curtis Hill, Michaelene M Machowiak, Jenny Pitts Manier, Paul D Mathias, Ethan McKinney, Arienne Meiring, Patricia A Riley, John T Sharpnack, Nancy Harris Viadik Notice of Automatic Initial Extension of Time (Nijjar, Parvinder) |
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Filing 56
ORDER: The court ORDERS the third amended complaint sealed #49 and ORDERS Mr. Onishi to show cause why this case should not be dismissed. The court STRIKES Ms. Teruko Onishi as a putative plaintiff as outlined. The court ORDERS Mr. Onishi to file a redacted version of his third amended complaint and any affected exhibit removing all instances of his minor son's name on or before 1/15/2020 as outlined. The court CAUTIONS Mr. Onishi that further violations of court rules, orders, or other pertinent standards may result in the immediate dismissal of his case, including with prejudice, without further notice from this court. Signed by Judge Damon R Leichty on 1/8/2020. (lhc)
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| Filing 55 NOTICE of Appearance by Stephanie L Nemeth on behalf of Andrew Kostielney, St Joseph County of (Nemeth, Stephanie) |
| Filing 54 NOTICE of Appearance by Peter J Agostino on behalf of Andrew Kostielney, St Joseph County of (Agostino, Peter) |
| Filing 53 Summons Issued as to Rachel Ellen House, Andrew Kostielney, St Joseph County of. 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. (nae) |
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Filing 52
ORDER: The Court GRANTS IN PART Plaintiff's Extension Request DE #42 , #43 , #44 and #46 EXTENDING the deadline for Plaintiff to file his Third Amended Complaint one day until December 18, 2019, making DE #49 timely. No further amendment to the complaint can be filed without leave of Court. The Court also NOTES that the Responding Defendants response brief separately challenged Plaintiffs Third Amended Complaint on procedural and substantive grounds asking that it be stricken pursuant to Fed. R. Civ. P. 12(f). The Court will not address any of those arguments here in relation to the narrow extension issue currently before the Court. The Court STRIKES Plaintiffs Notice DE #51 as redundant, immaterial, impertinent, and scandalous matter not properly before the Court pursuant to Fed. R. Civ. P. 12(f). Plaintiff, as counsel for himself, is REMINDED for the third time that further violations of his obligations as an attorney under Fed. R. Civ. P. 1 and 11 will not be tolerated and could result in sanctions up to and including dismissal of this case. Signed by Magistrate Judge Michael G Gotsch, Sr on 12/19/2019. (nae)
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| Filing 51 **STRICKEN per Order DE #52 ** NOTICE by Toshisada Onishi re #34 Opinion and Order, Terminate Motions, Set Deadlines, #48 Order on Motion for Extension of Time to Amend, Order on Motion to Supplement, Plaintiff's apology and concern regarding the ongoing harassment (Onishi PHV, Toshisada) Modified on 12/19/2019 to strike (nae). |
| Filing 50 RESPONSE to Motion re #44 Second MOTION to Supplement #42 First MOTION for Extension of Time to Amend #34 Opinion and Order,,,, Terminate Motions,,,, Set Deadlines,,, Scheduling Order for Plaintiff's third amended complaint , #42 First MOTION for Extension of Time to Amend #34 Opinion and Order,,,, Terminate Motions,,,, Set Deadlines,,, Scheduling Order for Plaintiff's third amended complaint, #46 Second MOTION for Extension of Time to Amend #44 Second MOTION to Supplement #42 First MOTION for Extension of Time to Amend #34 Opinion and Order,,,, Terminate Motions,,,, Set Deadlines,,, Scheduling Order for Plaintiff's third am, #43 First MOTION to Supplement #42 First MOTION for Extension of Time to Amend #34 Opinion and Order,,,, Terminate Motions,,,, Set Deadlines,,, Scheduling Order for Plaintiff's third amended complaint in light of the State of the J filed by David Charles Chapleau, Ezra H Friedlander, Curtis Hill, Michaelene M Machowiak, Jenny Pitts Manier, Paul D Mathias, Ethan McKinney, Arienne Meiring, Patricia A Riley, John T Sharpnack, Nancy Harris Viadik. (Nijjar, Parvinder) |
| Filing 49 AMENDED COMPLAINT against All Defendants, filed by Toshisada Onishi. (Attachments: #1 Exhibit 1 - 6.6.2019 Letter from Indiana Supreme Court Judicial Committee, #2 Exhibit 2 - 2.26.2019 order, #3 Exhibit 3 - 3.26.2019 order, #4 Exhibit 4 - 2.15.2019 order and other relevant orders, #5 Exhibit 5 - Brief in support of petition for writ of Mandamus 10.22.2019, #6 Exhibit 6 - 9.11.2019 orders, #7 Exhibit 7 - 11.4.2019 order, #8 Exhibit 8 - 2.5.2019 order, #9 Exhibit 9 - Letters and Emails with employees of St. Joseph County, #10 Exhibit 10 - 5.23.2019 order denying notice of violation, #11 Exhibit 11 - 4.29.2019 order, #12 Exhibit 12 - I-864 Affidavit of Support, #13 Exhibit 13 - Requests for I-864 financial support, #14 Exhibit 14 - Teruko Onishi's petition and request for interpreter, #15 Exhibit 15 - ICRC On-line Complaint Forms, #16 Exhibit 16 - Discriminatory public policy of St. Joseph County - Defendant Chapleau's 2.25.2019 Letter, #17 Exhibit 17 - Memo of St. Joseph Prosecutor's Office, #18 Exhibit 18 - 2019 Indiana KIDS Count Data Book, #19 Exhibit 19 - Executive Order 13166, #20 Exhibit 20 - The letter of Rita Glenn, #21 Exhibit 21 - 2015 State of the Judiciary - Indiana Courts, #22 Exhibit 22 - 2016 State of the Judiciary - Indiana Courts, #23 Exhibit 23 - 2017 State of the Judiciary - Indiana Courts, #24 Proposed Summons 24 - Proposed Summons 12.17.2019, #25 Exhibit 25 - Certified Record on Relater's Original Action Volume 8, #26 Exhibit 26 - Certified Record on Relater's Original Action Volume 9, #27 Exhibit 27 - CCS for 19A-DC-00705, #28 Exhibit 28 - CCS for 19A-DC-02316, #29 Exhibit 29 - CCS for 19A-DC-00528, #30 Exhibit 30 - Orders for 19A-DC-00528, #31 Exhibit 31 - Orders for 19A-DC-00705, #32 Exhibit 32 - Orders for 19A-DC-02316, #33 Exhibit 33 - CCS for 71D06-1605-DR-000501)(Onishi PHV, Toshisada) |
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Filing 48
ORDER: The Court CONSTRUES all four of Plaintiff's motions as a single motion to extend the deadline to file his Third Amended Complaint. (DE #42 , DE #43 , DE #44 , DE #46 ). To ensure a timely decision, the Court ORDERS Defendants to file any response brief by 12/18/2020. No reply brief will be accepted. The Court ADVISES Plaintiff, for a second time, to be mindful of his obligation as an attorney under 28 U.S.C. 1927 and Fed. R. Civ. P. 11(c). [See DE #34 at 34]. Future filings that fail to demonstrate efforts to meet and confer with all opposing parties or that include information duplicative of or irrelevant to pending matters before the Court will be stricken to minimize improper disruption of the orderly management of this proceeding, to avoid unnecessary delays in ruling, and to eliminate improper interference with the timely consideration of the merits of matters before the Court. Signed by Magistrate Judge Michael G Gotsch, Sr on 12/16/2019. (rmc)
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| Filing 47 AFFIDAVIT Concerning Plaintiff's material evidence and the concealment of the destruction by Toshisada Onishi. (Attachments: #1 Exhibit E1- 10.24.2019 order, #2 Exhibit E2 - Motion for order compelling the entry of Father's exhibits A-GG 10.23.2019, #3 Exhibit E3- Proposed Affidavits concerning ex-parte communications, #4 Exhibit E4 - Certified Record on Relater's Original Action Volume 11, #5 Exhibit E5 - Amended Completion of Clerks Record-2, #6 Exhibit E6 - 10.7.2019 Request to the Clerk for a certified copy of trial record under 12(A), #7 Exhibit E7 - 10.11.2019 Email correspondence with ICOS, #8 Exhibit E8 - Amended Notice of Appeal to Indiana Court of Appeals 10.8.2019-2, #9 Exhibit E9 - Submission record of requests for trial record under Rule 12(A), #10 Exhibit E10 - Complete Submission of record of proceedings, #11 Exhibit E11 - Payments under Rule 12(A), #12 Exhibit E12 - CCS for 19A-DC-02316, #13 Exhibit E13 - CCS for 19A-DC-00705, #14 Exhibit E14 - Verified Motion to reconsider the October 24, 2019 order 10.27.2019, #15 Exhibit E15 - CCS for 71D06-1605-DR-000501)(Onishi PHV, Toshisada) |
| Filing 46 Second MOTION for Extension of Time to Amend #44 Second MOTION to Supplement #42 First MOTION for Extension of Time to Amend #34 Opinion and Order,,,, Terminate Motions,,,, Set Deadlines,,, Scheduling Order for Plaintiff's third amended complaint , #42 First MOTION for Extension of Time to Amend #34 Opinion and Order,,,, Terminate Motions,,,, Set Deadlines,,, Scheduling Order for Plaintiff's third amended complaint, #43 First MOTION to Supplement #42 First MOTION for Extension of Time to Amend #34 Opinion and Order,,,, Terminate Motions,,,, Set Deadlines,,, Scheduling Order for Plaintiff's third amended complaint in light of the State of the J by Plaintiff Toshisada Onishi. (Onishi PHV, Toshisada) |
| Filing 45 AFFIDAVIT concerning Defendant Rachel Ellen House's consent to be served via Email or Mail by Toshisada Onishi. (Onishi PHV, Toshisada) |
| Filing 44 Second MOTION to Supplement #42 First MOTION for Extension of Time to Amend #34 Opinion and Order,,,, Terminate Motions,,,, Set Deadlines,,, Scheduling Order for Plaintiff's third amended complaint by Plaintiff Toshisada Onishi. (Attachments: #1 Exhibit E1 - The letter of Rita Glenn, #2 Exhibit E2 - 12.6.2019 Request to certify Teruko Onishi's documents, #3 Exhibit E3 - Plaintiff's 12.6.2019 notification of the payment for certification, #4 Exhibit E4 - Defendant Reed's response on 12.10.2019, #5 Exhibit E5 - Shipment of the payment for certification via UPS, #6 Exhibit E6 - UPS Tracking for 1Z66A4R20154758634)(Onishi PHV, Toshisada) |
| Filing 43 First MOTION to Supplement #42 First MOTION for Extension of Time to Amend #34 Opinion and Order,,,, Terminate Motions,,,, Set Deadlines,,, Scheduling Order for Plaintiff's third amended complaint in light of the State of the Judiciary - Indiana Courts by Plaintiff Toshisada Onishi. (Attachments: #1 Exhibit 2015 State of the Judiciary - Indiana Courts, #2 Exhibit 2016 State of the Judiciary - Indiana Courts, #3 Exhibit 2017 State of the Judiciary - Indiana Courts)(Onishi PHV, Toshisada) |
| Filing 42 First MOTION for Extension of Time to Amend #34 Opinion and Order,,,, Terminate Motions,,,, Set Deadlines,,, Scheduling Order for Plaintiff's third amended complaint by Plaintiff Toshisada Onishi. (Attachments: #1 Exhibit The 2.25.2019 Letter of David Charles Chapleau)(Onishi PHV, Toshisada) |
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Filing 41
ORDER denying #39 Motion to Withdraw. However, the Court ORDERS the clerk to seal #37 due to the appearance of the minor child's name. Mr. Onishi is granted leave to file his amended declaration. It should not be sent by email to the court, but filed on the docket. Signed by Judge Damon R Leichty on 12/04/2019. (jat)
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| Filing 40 NOTICE of Appearance by Toshisada Onishi PHV on behalf of Toshisada Onishi (Onishi PHV, Toshisada) |
| Filing 39 MOTION to Amend/Correct Declaration of Toshisada Onishi (ECF 37) by Plaintiff Toshisada Onishi. (Onishi PHV, Toshisada) |
| Filing 38 NOTICE by Toshisada Onishi Apology to the Court (Onishi PHV, Toshisada) |
| Filing 37 AFFIDAVIT of Toshisada Onishi concerning the concealment of material evidence to deprive Plaintiff's constitutional rights by Toshisada Onishi. (Attachments: #1 Exhibit Verified Motion to reconsider the October 24, 2019 order 10.27.2019, #2 Exhibit 10.24.2019 Order, #3 Exhibit Motion for order compelling the entry of Father's exhibits A-GG 10.23.2019, #4 Exhibit Proposed Affidavits concerning ex-parte communications, #5 Exhibit Certified Record on Relater's Original Action Volume 11, #6 Exhibit Amended Completion of Clerks Record, #7 Exhibit 10.7.2019 Request to the Clerk for a certified copy of trial record under 12(A), #8 Exhibit 10.11.2019 Email correspondence with ICOS, #9 Exhibit Amended Notice of Appeal to Indiana Court of Appeals 10.8.2019, #10 Exhibit Submission record of requests for trial record under Rule 12(A), #11 Exhibit Complete Submission of record of proceedings, #12 Exhibit Payments under Rule 12(A), #13 Exhibit CCS for 19A-DC-02316, #14 Exhibit CCS for 19A-DC-00705)(Onishi PHV, Toshisada) Modified on 12/5/2019 to seal docket entry per #41 Order. (jat) |
| Filing 36 NOTICE of Appearance by Rebecca McClain on behalf of Arienne Meiring (McClain, Rebecca) |
| Filing 35 NOTICE of Appearance by Parvinder Nijjar on behalf of Arienne Meiring (Nijjar, Parvinder) |
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Filing 34
OPINION AND ORDER: The court DENIES Mr. Onishi's motions for temporary restraining orders and preliminary injunctions ECF 1 , #19 , #20 and #30 , GRANTS Mr. Onishi's motion to withdraw various filings ECF #18 such that the motions docketed at ECF #9 and ECF #11 will be shown WITHDRAWN, DENIES AS MOOT the motion docketed at ECF #2 , ORDERS the filings docketed at ECF 1 , 7 , 16 , 17 , 21 , 22 , 23 and 24 SEALED, ORDERS the proposed order at ECF #25 to be docketed as a notice only, DENIES the motion to amend ECF 22 , ORDERS Mr. Onishi to file one complete and rulecompliant third amended complaint by 12/17/19 and STRIKES the partial summary judgment motion at ECF 23 as non-compliant with the governing rules, though it will remain part of the sealed record and though Mr. Onishi will have leave to file a compliant summary judgment motion at the proper time. Signed by Judge Damon R Leichty on 12/3/19. (nal)
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| Filing 33 NOTICE of Appearance by Rebecca McClain on behalf of David Charles Chapleau, Ezra H Friedlander, Curtis Hill, Michaelene M Machowiak, Jenny Pitts Manier, Paul D Mathias, Ethan McKinney, Patricia A Riley, John T Sharpnack, Nancy Harris Viadik (McClain, Rebecca) |
| Filing 32 NOTICE of Appearance by Parvinder Nijjar on behalf of David Charles Chapleau, Ezra H Friedlander, Curtis Hill, Michaelene M Machowiak, Jenny Pitts Manier, Paul D Mathias, Ethan McKinney, Patricia A Riley, John T Sharpnack, Nancy Harris Viadik (Nijjar, Parvinder) |
| Filing 31 NOTICE of Appearance by Stephanie L Nemeth on behalf of Michaelene M Machowiak, Ethan McKinney, Loraine Reed, Denise Westendorp (Nemeth, Stephanie) |
| Filing 30 Amended MOTION for Temporary Restraining Order by Plaintiff Toshisada Onishi. (Attachments: #1 Exhibit Amended Proposed Order for Temporary Restraining Order, #2 Affidavit Declaration of Toshisada Onishi)(Onishi PHV, Toshisada) |
| Filing 29 AFFIDAVIT in Support re 1 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction , #20 Amended MOTION for Preliminary Injunction , #19 Amended MOTION for Temporary Restraining Order , 23 Amended MOTION for Partial Summary Judgment Declaration of Toshisada Onishi filed by Toshisada Onishi. (Onishi PHV, Toshisada) |
| Filing 28 SUMMONS Returned Executed by Toshisada Onishi. Michaelene M Machowiak served on 11/25/2019, answer due 12/16/2019; Ethan McKinney served on 11/25/2019, answer due 12/16/2019; Loraine Reed served on 11/25/2019, answer due 12/16/2019; Denise Westendorp served on 11/25/2019, answer due 12/16/2019. (Onishi PHV, Toshisada) |
| Filing 27 SUMMONS Returned Executed by Toshisada Onishi. David Charles Chapleau served on 11/25/2019, answer due 12/16/2019; Ezra H Friedlander served on 11/25/2019, answer due 12/16/2019; Curtis Hill served on 11/25/2019, answer due 12/16/2019; Jenny Pitts Manier served on 11/25/2019, answer due 12/16/2019; Paul D Mathias served on 11/25/2019, answer due 12/16/2019; Arienne Meiring served on 11/25/2019, answer due 12/16/2019; Patricia A Riley served on 11/25/2019, answer due 12/16/2019; John T Sharpnack served on 11/25/2019, answer due 12/16/2019; Nancy Harris Viadik served on 11/25/2019, answer due 12/16/2019. (Onishi PHV, Toshisada) |
| Filing 26 NOTICE by Toshisada Onishi re 22 MOTION to Amend/Correct, 23 Amended MOTION for Partial Summary Judgment , 17 Complaint,,, 21 Memorandum in Support, #20 Amended MOTION for Preliminary Injunction , #19 Amended MOTION for Temporary Restraining Order (Attachments: #1 Exhibit Certified Record on Relater's Original Action Volume 1, #2 Exhibit Certified Record on Relater's Original Action Volume 2, #3 Exhibit Certified Record on Relater's Original Action Volume 3, #4 Exhibit Certified Record on Relater's Original Action Volume 4, #5 Exhibit Certified Record on Relater's Original Action Volume 5, #6 Exhibit Certified Record on Relater's Original Action Volume 6, #7 Exhibit Certified Record on Relater's Original Action Volume 7, #8 Exhibit Certified Record on Relater's Original Action Volume 10, #9 Exhibit Certified Record on Relater's Original Action Volume 11)(Onishi PHV, Toshisada) |
| Filing 25 NOTICE by Plaintiff Toshisada Onishi. (Onishi PHV, Toshisada) Modified on 12/3/2019 to show as notice only per #34 order. (nal) |
| Filing 20 Amended MOTION for Preliminary Injunction by Plaintiff Toshisada Onishi. (Attachments: #1 Exhibit Amended Proposed Order for Preliminary Injunction)(Onishi PHV, Toshisada) |
| Filing 19 Amended MOTION for Temporary Restraining Order by Plaintiff Toshisada Onishi. (Attachments: #1 Exhibit Amended Proposed Order for Temporary Restraining Order)(Onishi PHV, Toshisada) |
| Filing 18 MOTION to Withdraw 7 Pro Se Complaint,, #9 MOTION for Preliminary Injunction , 16 Notice (Other),, #11 MOTION for Summary Judgment, #12 Memorandum in Support, #10 Memorandum in Support by Plaintiff Toshisada Onishi. (Attachments: #1 Affidavit Affidavit of Toshisada Onishi concerning the entry of the wrong documents)(Onishi PHV, Toshisada) |
| Filing 15 RECEIPT of copy of Certificate of Good Standing (DE #5 ) from Toshisada Onishi. (nae) |
| Filing 14 RECEIPT of copy of Page (1) of DE 7 from Toshisada Onishi. (Attachments: #1 Exhibit 4, #2 Exhibit 6, #3 Exhibit 9, #4 Envelope)(nae) |
| Filing 13 Summons Issued as to David Charles Chapleau, Ezra H Friedlander, Curtis Hill, Michaelene M Machowiak, Jenny Pitts Manier, Paul D Mathias, Ethan McKinney, Arienne Meiring, Loraine Reed, Patricia A Riley, John T Sharpnack, Nancy Harris Viadik, Denise Westendorp. 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. (nae) |
| Filing 12 MEMORANDUM in Support of Plaintiff's #11 Certified MOTION for Summary Judgment filed by Toshisada Onishi. (nae) |
| Filing 11 *Withdrawn* Certified MOTION for Summary Judgment (Received pages 1-7, and 10) by Plaintiff Toshisada Onishi. (Attachments: #1 Proposed Order (Received pages 1-5, and 10))(nae) Modified on 12/3/2019 to show withdrawn per #34 order. (nal) |
| Filing 10 MEMORANDUM in Support of Plaintiff's #9 Amended Certified MOTION for Preliminary Injunction filed by Toshisada Onishi. (nae) |
| Filing 9 *Withdrawn* Amended Certified MOTION for Preliminary Injunction by Plaintiff Toshisada Onishi. (Attachments: #1 Proposed Order)(nae) Modified on 12/3/2019 to show withdrawn per #34 order. (nal) |
| Filing 8 NOTICE of Appearance by Toshisada Onishi PHV on behalf of Toshisada Onishi (nae) |
|
Filing 6
ORDER granting #5 Application to Appear Pro Hac Vice of Attorney Toshisada Onishi PHV for Toshisada Onishi et al. Signed by Magistrate Judge Michael G Gotsch, Sr on 11/20/2019. (ace)
|
| Filing 5 APPLICATION for Attorney Toshisada Onishi to Appear Pro Hac Vice on behalf of Toshisada Onishi; Pro Hac fee of $96 has been received, receipt #INN3023642. (ace) (Additional attachment(s) added on 11/20/2019: #1 Corrected Pro Hace Vice Application) (ace). |
| Filing 4 NOTICE of Appearance by Peter J Agostino on behalf of Michaelene M Machowiak, Ethan McKinney, Loraine Reed, Denise Westendorp (Agostino, Peter) |
| Filing 3 Filing fee: $ 400, receipt number 3023642 (nae) |
| Filing 2 Verified MOTION for Accomodation by Plaintiff Toshisada Onishi. (nae) |
| Filing 1 Certified Ex-Parte MOTION for Temporary Restraining Order , Certified MOTION for Preliminary Injunction by Plaintiff Toshisada Onishi. (nae) (Additional attachment(s) added on 11/18/2019: #1 Exhibit, #2 Email exhibits, #3 Preliminary Injunction Proposed Order, #4 Temporary Restraining Order Proposed Order) (nae). |
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