Freeman v Carter et al
Plaintiff: Vernell Freeman
Defendant: Wexford of Indiana LLC, Rob Carter, John Does 1-50, Mark Sevier, John Roes 1-50 and William Hyatte
Case Number: 3:2020cv00631
Filed: July 27, 2020
Court: US District Court for the Northern District of Indiana
Presiding Judge: Jon E DeGuilio
Referring Judge: Michael G Gotsch
Nature of Suit: Prison Conditions
Cause of Action: 42:1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 27, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 27, 2020 *NEW TRANSFER CASE* Motions #10 and #16 pending. (jat)
July 27, 2020 Filing 29 Case transferred in from District of Indiana Southern; Case Number 1:20-cv-01276. Original file certified copy of transfer order and docket sheet received.
July 27, 2020 Filing 28 Transfer Letter to Clerk of the Northern District of Indiana - South Bend Divison. Case transferred electronically to Northern District of Indiana - South Bend Divison, on July 27,2020. (DWH) [Transferred from Indiana Southern on 7/27/2020.]
July 27, 2020 Opinion or Order Filing 27 CLOSED - ORDER TRANSFERRING ACTION TO NORTHERN DISTRICT OF INDIANA: On July 13, 2020, the Court directed the parties to show cause why this matter should not be transferred to the Northern District of Indiana. Dkt. 19. The defendants have no objection, see dkts. 20, 23, and the plaintiff did not respond in the time provided. The plaintiff has filed an amended complaint, dkt. 21, but it does not add parties, claims, or allegations that change the considerations set out in the order to show cause. Accordingly, this action is transferred pursuant to 28 U.S.C. 1404(a) to the U.S. District Court for the Northern District of Indiana, South Bend Division. This Court issues no ruling on the motions to dismiss at dkts. #10 and #16 . Following, the clerk is directed to terminate all pending motions on this Court's docket. Signed by Judge James Patrick Hanlon on 7/27/2020. (DWH) [Transferred from Indiana Southern on 7/27/2020.]
July 27, 2020 Opinion or Order Filing 26 ORDER VACATING INITIAL PRETRIAL CONFERENCE: The Court, sua sponte, hereby VACATES the Initial Pretrial Conference set for 7/28/2020 at 10:00 AM (Eastern Time). (Dkt. #18 .) Signed by Magistrate Judge Mark J. Dinsmore on 7/27/2020. (GD) [Transferred from Indiana Southern on 7/27/2020.]
July 23, 2020 Filing 24 CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff VERNELL FREEMAN . (Ponist, Rachelle) [Transferred from Indiana Southern on 7/27/2020.]
July 22, 2020 Filing 23 RESPONSE (State Defendants), re #19 Order to Show CauseTerminate Motions, filed by Defendants ROB CARTER, WILLIAM HYATTE, MARK SEVIER. (Slinker, Mollie) [Transferred from Indiana Southern on 7/27/2020.]
July 20, 2020 Filing 22 RESPONSE in Opposition re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Plaintiff VERNELL FREEMAN. (Attachments: #1 Text of Proposed Order)(Ponist, Rachelle) [Transferred from Indiana Southern on 7/27/2020.]
July 20, 2020 Filing 21 AMENDED COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL against All Defendants, filed by VERNELL FREEMAN. (Attachments: #1 Exhibit 1 - Tort Claim Notice, #2 Exhibit 2 - Tort Claim Notice Green Cards)(Ponist, Rachelle) [Transferred from Indiana Southern on 7/27/2020.]
July 20, 2020 Filing 20 NOTICE to Court Regarding No Objection to Transferring this Matter to the Northern District of Indiana, filed by Defendants JOHN ROES, 150, WEXFORD OF INDIANA LLC, re #19 Order to Show CauseTerminate Motions. (VanTyle, Emily) [Transferred from Indiana Southern on 7/27/2020.]
July 13, 2020 Opinion or Order Filing 19 ORDER GRANTING UNOPPOSED MOTION FOR EXTENSION OF TIME AND DIRECTING PARTIES TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE TRANSFERRED TO THE NORTHERN DISTRICT OF INDIANA - Plaintiff Vernell Freeman's unopposed motion for extension of time to respond to the defendants' motion to dismiss, dkt. #13 , is GRANTED. Mr. Freeman shall have through July 20, 2020, to file a response or an amended complaint. Both parties shall also have through July 24, 2020, to show cause why this action should not be transferred to the Northern District of Indiana. The complaint indicates that all defendants but Indiana Department of Correction Commissioner Rob Carter reside in the Northern District. See 28 U.S.C. 1391 (b), 1404. Additionally, the complaint describes all events as occurring at Miami Correctional Facility, which is in the Northern District. As such, the Court infers that any defendants added in an amended complaint are likely to reside in the Northern District. Signed by Judge James Patrick Hanlon on 7/13/2020. (DWH) Modified on 7/14/2020 (CBU). [Transferred from Indiana Southern on 7/27/2020.]
July 7, 2020 Opinion or Order Filing 18 SCHEDULING ORDER-TELEPHONIC Initial Pretrial Conference set for 7/28/2020 at 10:00 AM (Eastern) before Magistrate Judge Mark J. Dinsmore. Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. The parties shall file a proposed CMP on or before 7/23/2020. Signed by Magistrate Judge Mark J. Dinsmore on 7/7/2020.(CBU) [Transferred from Indiana Southern on 7/27/2020.]
July 6, 2020 Filing 17 BRIEF/MEMORANDUM in Support re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants JOHN ROES, 150, WEXFORD OF INDIANA LLC. (VanTyle, Emily) [Transferred from Indiana Southern on 7/27/2020.]
July 6, 2020 Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants JOHN ROES, 150, WEXFORD OF INDIANA LLC. (Attachments: #1 Text of Proposed Order Granting Wexford Defendants' Motion to Dismiss)(VanTyle, Emily)[Transferred from Indiana Southern on 7/27/2020.]
July 6, 2020 Filing 15 NOTICE of Appearance by Emily Kathleen VanTyle on behalf of Defendant JOHN ROES, 150. (VanTyle, Emily) [Transferred from Indiana Southern on 7/27/2020.]
July 6, 2020 Filing 14 NOTICE of Appearance by Heather Terese Gilbert on behalf of Defendant JOHN ROES, 150. (Gilbert, Heather) [Transferred from Indiana Southern on 7/27/2020.]
June 30, 2020 Filing 13 Unopposed MOTION for Extension of Time to File Response to 07/14/2020 re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Plaintiff VERNELL FREEMAN. (Attachments: #1 Text of Proposed Order)(Ponist, Rachelle) [Transferred from Indiana Southern on 7/27/2020.]
June 17, 2020 Filing 12 Corporate Disclosure Statement by WEXFORD OF INDIANA LLC identifying Corporate Parent BANTRY GROUP CORPORATION for WEXFORD OF INDIANA LLC.. (VanTyle, Emily) [Transferred from Indiana Southern on 7/27/2020.]
June 9, 2020 Filing 11 BRIEF/MEMORANDUM in Support re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants ROB CARTER, WILLIAM HYATTE, MARK SEVIER. (Slinker, Mollie) [Transferred from Indiana Southern on 7/27/2020.]
June 9, 2020 Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants ROB CARTER, WILLIAM HYATTE, MARK SEVIER. (Slinker, Mollie) [Transferred from Indiana Southern on 7/27/2020.]
June 9, 2020 Filing 9 NOTICE of Appearance by Mollie Ann Slinker on behalf of Defendants ROB CARTER, WILLIAM HYATTE, MARK SEVIER. (Slinker, Mollie) [Transferred from Indiana Southern on 7/27/2020.]
May 29, 2020 Opinion or Order Filing 8 ORDER granting Defendant Wexford of Indiana, LLC's #7 Motion for Extension of Time to File response to complaint to 7/8/2020. Signed by Magistrate Judge Mark J. Dinsmore on 5/29/2020. (SWM) Modified on 6/1/2020 (SWM). [Transferred from Indiana Southern on 7/27/2020.]
May 28, 2020 Filing 7 MOTION for Extension of Time to July 8, 2020 in which to #1 Complaint Answer or File Responsive Pleading to Plaintiff's Complaint, filed by Defendant WEXFORD OF INDIANA LLC. (Attachments: #1 Text of Proposed Order Granting Wexford's Motion for Extension of Time)(VanTyle, Emily) [Transferred from Indiana Southern on 7/27/2020.]
May 28, 2020 Filing 6 NOTICE of Appearance by Emily Kathleen VanTyle on behalf of Defendant WEXFORD OF INDIANA LLC. (VanTyle, Emily) [Transferred from Indiana Southern on 7/27/2020.]
May 28, 2020 Filing 5 NOTICE of Appearance by Heather Terese Gilbert on behalf of Defendant WEXFORD OF INDIANA LLC. (Gilbert, Heather) [Transferred from Indiana Southern on 7/27/2020.]
April 30, 2020 Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) [Transferred from Indiana Southern on 7/27/2020.]
April 30, 2020 Filing 3 Summons Issued as to ROB CARTER, JOHN DOES 1-50, WILLIAM HYATTE, JOHN ROES, 150, MARK SEVIER, WEXFORD OF INDIANA LLC. (REO) [Transferred from Indiana Southern on 7/27/2020.]
April 30, 2020 Filing 2 NOTICE of Appearance by Rachelle N. Ponist on behalf of Plaintiff VERNELL FREEMAN. (Ponist, Rachelle) [Transferred from Indiana Southern on 7/27/2020.]
April 29, 2020 Filing 1 COMPLAINT against All Defendants, filed by VERNELL FREEMAN. (Filing fee $400, receipt number 0756-5974232) (Attachments: #1 Exhibit Exhibit 1 - Tort Claim Notice, #2 Exhibit Exhibit 2 - Tort Claim Notice Green Cards, #3 Civil Cover Sheet, #4 Proposed Summons)(Ponist, Rachelle) [Transferred from Indiana Southern on 7/27/2020.]

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Defendant: Wexford of Indiana LLC
Represented By: Heather T Gilbert
Represented By: Emily K VanTyle
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Defendant: Rob Carter
Represented By: Mollie A Slinker
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Defendant: John Does 1-50
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Defendant: Mark Sevier
Represented By: Mollie A Slinker
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Defendant: John Roes 1-50
Represented By: Emily K VanTyle
Represented By: Heather T Gilbert
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Defendant: William Hyatte
Represented By: Mollie A Slinker
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Plaintiff: Vernell Freeman
Represented By: Rachelle Nichole Ponist
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