Harber et al v. Landmark Recovery of Carmel LLC
| Joshua Harber, Nicholas Irvin, Stephen Looney, Connor Spachtholz, Chris Spears, Phillip Staples, Paul Martinez, Lance Lawson, Brandon Truax, Kyle Clay, Morgan Grose, Benjamin Steiner, Brian Recker, Richard Jackson, Kevin Dwenger, Daniel Emery, Kerry Wright, Chris Uland, Lance Cloud, Justin Bucks, Christina Golden, Shyanne Gross, Isaac Rust, William Edick, Jr, Anthony Ezell, Micahel Kinley, Ricky Hill, Sarah Johnson, Melvin Laster, Maurice Washington, Michael Scarberry, David Moynihan, Richard Sullivan, Michael Williams, David Crider, Brandon Delong and Tyrome Plair |
| Landmark Recovery of Carmel LLC |
| SJC Coroner Patricia Jordan |
| 3:2023cv00840 |
| September 14, 2023 |
| US District Court for the Northern District of Indiana |
| Susan L Collins |
| Michael G Gotsch |
| Damon R Leichty |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 9, 2023. A more recent docket listing may be available from PACER.
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Filing 27
ORDER for Magistrate Judge Susan Collins: Dft is directed to file a response to #25 Plaintiffs' Motion for Extension of Time to Respond to Defendants' Discovery Requests by 11/16/2023. Text entry order.(mr)
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| Filing 26 MOTION to Amend/Correct #24 Reply to Response to Motion by Miscellaneous Party Patricia Jordan. (Attachments: #1 Exhibit Amended Reply Brief)(Agostino, Peter) |
| Filing 25 First MOTION for Extension of Time to Complete Discovery by Plaintiff Joshua Harber. (Crossen, Trevor) |
| Filing 24 REPLY to Response to Motion re #14 MOTION to Quash SUBPOENA DUCES TECUM AND REQUEST FOR PRODUCTION OF DOCUMENTS filed by Patricia Jordan. (Agostino, Peter) |
| Filing 23 MOTION for Leave to File Second Amended Complaint by Plaintiff Joshua Harber. (Attachments: #1 Exhibit Exhibit A)(Crossen, Trevor) |
| Filing 22 RESPONSE to Motion re #14 MOTION to Quash SUBPOENA DUCES TECUM AND REQUEST FOR PRODUCTION OF DOCUMENTS filed by Landmark Recovery of Carmel LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Mills, Courtney) |
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Filing 21
SCHEDULING ORDER AND MEMORANDUM OF PRELIMINARY PRETRIAL CONFERENCE: The Court sets the following deadlines pursuant to Fed. R. Civ. P. 16(b): The parties will exchange the information required by Fed. R. Civ. P. 26(a)(1) by 11/14/2023. The last date for the completion of all fact and expert discovery is 12/29/2024. The serving of reports from retained experts under Rule 26(a)(2) are due from Plaintiffs by 5/31/2024; and from Defendant by 6/28/2024. Supplementation under Rule 26(e) due by 8/9/2024. The last date to seek leave of Court to amend the pleadings as to Plaintiffs is 12/18/2023; as to Defendant(s) is 2/19/2024. Deadline for filing dispositive motions is 1/29/2025. The last date to file any discovery-related nondispositive motion shall be 30 days prior to the discovery deadline. The parties are to file a notice with the Court by 11/14/2023 advising of their selection of a mediator. If the parties cannot agree upon a mediator, or if none is named, the Court will appoint a mediator. Signed by Magistrate Judge Susan L Collins on 10/25/2023. (sej)
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| Filing 20 TELEPHONIC RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 10/24/2023 before Magistrate Judge Susan L Collins. Plas appeared by attys Trevor Crossen and Gina Koeneman. Attys Alexis Jenkins and Courtney Mills appeared on behalf of Dft, Landmark Recovery of Carmel LLC. Attys Christian Matozzo and Peter Agostino appeared on behalf of SJC Coroner Patricia Jordan. The Court sets the following deadlines: Initial Disclosures to be exchanged by 11/14/2023. Parties to file a notice with the Court by 11/14/2023 advising of their selection of a mediator. Plas expert witness disclosures and reports to be delivered to the Dft by 5/31/2024. Dft expert witness disclosures and reports to be delivered to the Plas by 6/28/2024. Deadline for Rule 26(e) supplements is 8/9/2024. Last date for Plas to seek leave of Court to amend the pleadings is 12/18/2023, and 2/19/2024 for Dft. Deadline to complete all discovery is 12/29/2024. Dispositive motions to be filed by 1/29/2025. Magistrate Consent forms due by 11/14/2023. Court deems 10/24/2023 as the service date of the interrogatories Dft has served on Plas. (FTR 1st floor.) (mr) |
| Filing 19 NOTICE by Patricia Jordan re #14 MOTION to Quash SUBPOENA DUCES TECUM AND REQUEST FOR PRODUCTION OF DOCUMENTS (Attachments: #1 Exhibit Request for Production of Documents, #2 Exhibit Subpoena)(Matozzo, Christian) |
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Filing 18
ORDER for Magistrate Judge Susan Collins: The Miscellaneous Party is afforded to and including 10/25/2023 to file the subpoena that is the subject to the #14 Motion to Quash as required by LR 26-2(b),(c) or the motion will be summarily denied. Text entry order.(mr)
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| Filing 17 REPORT of Rule 26(f) Planning Meeting. (Crossen, Trevor) |
| Filing 16 REPORT by Landmark Recovery of Carmel LLC of Parties' Planning Meeting. (Mills, Courtney) |
| Filing 15 NOTICE of Appearance by Christian J Matozzo on behalf of Patricia Jordan (Matozzo, Christian) |
| Filing 14 MOTION to Quash SUBPOENA DUCES TECUM AND REQUEST FOR PRODUCTION OF DOCUMENTS by Miscellaneous Party Patricia Jordan. (Attachments: #1 Exhibit 1 - ST. JOSEPH COUNTY CIRCUIT COURT ORDER)(Agostino, Peter) |
| Filing 13 NOTICE of Appearance by Peter J Agostino on behalf of Patricia Jordan (Agostino, Peter) |
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Filing 12
ORDER for Magistrate Judge Susan Collins: Telephonic Rule 16 Preliminary Pretrial Conference set for 10/24/2023 at 10:00 AM in US District Court - Fort Wayne. Court to initiate call. Text entry order.(mr)
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| Filing 11 MAGISTRATE JUDGE CONSENT FORMS sent to all parties. (mr) |
| Filing 10 NOTICE of Hearing: Telephonic Rule 16 Preliminary Pretrial Conference set for 10/24/2023 at 10:00 AM in US District Court - Fort Wayne before Magistrate Judge Susan L Collins. Court to initiate call using telephone numbers appearing on docket. Cell phones are not permitted. (mr) Modified on 10/5/2023 (mr). |
| Filing 9 ANSWER to Complaint by Landmark Recovery of Carmel LLC.(Mills, Courtney) |
| Filing 8 NOTICE of Appearance by Gina M Vuotto on behalf of All Plaintiffs (Vuotto, Gina) |
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Filing 7
ORDER OF RECUSAL. The Clerk is ORDERED to reassign this case to a Magistrate Judge within the District for the purpose of conducting all non-dispositive pretrial proceedings, pursuant to 28 U.S.C. 636(b)(1)(A); Fed. R. Civ. P. 72(a) and the General Orders of this Court. Judge Magistrate Judge Michael G Gotsch, Sr recused. Case reassigned to Magistrate Judge Susan L Collins for all further proceedings. Signed by Magistrate Judge Michael G Gotsch, Sr on 9/19/23. (jld)
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| Filing 6 NOTICE of Appearance by Alexis R Jenkins on behalf of Landmark Recovery of Carmel LLC (Jenkins, Alexis) |
| ***NEW CASE*** Judge Damon R Leichty and Magistrate Judge Michael G Gotsch, Sr added. (nae) |
| Filing 3 NOTICE of Appearance by Courtney D Mills on behalf of All Defendants (Mills, Courtney) |
| Filing 2 Corporate Disclosure Statement by Landmark Recovery of Carmel LLC identifying Corporate Parent Landmark Recovery of Carmel LLC for Landmark Recovery of Carmel LLC.. (Mills, Courtney) |
| Filing 1 NOTICE OF REMOVAL (Filing fee $ 402 receipt number AINNDC-5354649.), filed by Landmark Recovery of Carmel LLC. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Mills, Courtney) |
| Filing 5 AMENDED STATE COURT COMPLAINT with Jury Demand against Landmark Recovery of Carmel LLC, filed by Richard Sullivan, David Moynihan, Christina Golden, Paul Martinez, Micahel Kinley, Kerry Wright, Nicholas Irvin, Joshua Harber, Chris Uland, Maurice Washington, Daniel Emery, Anthony Ezell, Ricky Hill, Sarah Johnson, Justin Bucks, Richard Jackson, William Edick, Jr, Kyle Clay, Michael Scarberry, David Crider, Morgan Grose, Shyanne Gross, Brian Recker, Isaac Rust, Melvin Laster, Phillip Staples, Brandon Delong, Stephen Looney, Brandon Truax, Benjamin Steiner, Kevin Dwenger, Lance Lawson, Connor Spachtholz, Michael Williams, Tyrome Plair, Lance Cloud, Chris Spears filed in St Joseph County Superior Court 71D06-2307-CT-000395.(nae) |
| Filing 4 STATE COURT COMPLAINT with Jury Demand against Landmark Recovery of Carmel LLC, filed by Paul Martinez, Nicholas Irvin, Joshua Harber, Phillip Staples, Stephen Looney, Brandon Truax, Lance Lawson, Connor Spachtholz, Chris Spears filed in St Joseph County Superior Court 71D06-2307-CT-000395.(nae) |
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