Smith v Indiana Packers Corporation
Plaintiff: Adam Smith
Defendant: Indiana Packers Corporation
Case Number: 4:2020cv00051
Filed: June 24, 2020
Court: US District Court for the Northern District of Indiana
Presiding Judge: James T Moody
Referring Judge: Andrew P Rodovich
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42 U.S.C. § 2000
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on August 14, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 14, 2020 Filing 27 DISCLOSURE of Defendant's Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) filed by Indiana Packers Corporation.(Glenn, Anthony)
July 30, 2020 Filing 26 DISCOVERY Defendant's First Discovery Requests by Indiana Packers Corporation.(Glenn, Anthony)
July 24, 2020 Filing 25 NOTICE OF REASSIGNMENT OF CASE TO MAGISTRATE JUDGE: The parties having orally consented pursuant to 28 U.S.C. Section 636(c), this case is referred to Magistrate Judge Andrew P Rodovich for all purposes and is reassigned pursuant to General Order 2018-2 from Senior Judge James T Moody and Magistrate Judge Andrew P Rodovich to Magistrate Judge Andrew P Rodovich. cc: Smith (tc)
July 24, 2020 Filing 24 TELEPHONIC RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 7/24/2020, before Magistrate Judge Andrew P Rodovich. Pla appeared pro se. Dft appeared by atty Anthony Glenn. Court advises Plaintiff as to procedures in Federal Court. The court having been advised that the parties consent to the jurisdiction of the magistrate judge, the court will accept this notification as if they had executed the appropriate written form. The Report filed as DE #23 is APPROVED and ADOPTED as follows: Initial Disclosures to be exchanged by 8/14/2020. All discovery to be completed by 4/23/2021. Plaintiff expert witness disclosures and reports to be delivered to the defendant by 2/23/2021. Defendant expert witness disclosures and reports to be delivered to the plaintiff by 3/23/2021. Rule 26(e) supplements due 30 days before trial. The last date to seek leave of court to join additional parties and to amend the pleadings for Pltf is 9/18/2020; for Dft is 9/25/2020. Per N.D. Ind. L.R. 26-2, all discovery material in cases involving a pro se party must be filed. All other dates/ddls to be set at a later time. The summary judgment deadline in FRCP 56 shall not apply. (#ATT Host - APR.) cc: Smith (tc)
July 16, 2020 Filing 23 REPORT of Rule 26(f) Planning Meeting. (Glenn, Anthony)
July 9, 2020 Filing 22 MAGISTRATE JUDGE CONSENT FORMS sent to all parties. (Copy mailed to pro se party). Magistrate Consent forms due by 7/30/2020. (tc)
July 9, 2020 Opinion or Order Filing 21 ORDER AND NOTICE OF HEARING: Telephonic Rule 16 Preliminary Pretrial Conference set for 7/24/2020 10:00 AM in US District Court - Hammond before Magistrate Judge Andrew P Rodovich. Parties are instructed to dial 877-336-1274 and enter access code 4620540# when prompted. Signed by Magistrate Judge Andrew P Rodovich on 7/9/2020. (Copy mailed to pro se party)(tc)
June 26, 2020 Opinion or Order Filing 20 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 Andrew P Rodovich on 6/26/2020. cc: Smith (tc)
June 25, 2020 Filing 19 ANSWER to #1 Complaint Answer to Employment Discrimination Complaint by Indiana Packers Corporation.(Glenn, Anthony)
June 24, 2020 Filing 18 Case transferred in from District of Indiana Southern; Case Number 1:19-cv-04563. Original file certified copy of transfer order and docket sheet received.
May 13, 2020 Filing 17 Transfer Letter to Clerk of the Northern District of Indiana. Case transferred electronically to Northern District of Indiana, on 5/13/20. (NAD) [Transferred from Indiana Southern on 6/24/2020.]
May 13, 2020 Opinion or Order Filing 16 ORDER - GRANTING #10 DEFENDANT'S ALTERNATIVE MOTION TO TRANSFER. For the reasons stated above, the Court GRANTS in part and DENIES in part IPC's Motion. The Motion to Dismiss is denied; however, IPC's alternative request for transfer of venue is granted. (Filing No. #10 .) The Clerk is directed to transfer this matter to the United States District Court, Northern District of Indiana. (See Order.) Copy to Plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 5/13/2020.(NAD) [Transferred from Indiana Southern on 6/24/2020.]
April 21, 2020 Opinion or Order Filing 15 ORDER denying #13 Motion to Appoint Counsel - Mr. Smiths motion for assistance recruiting counsel is DENIED. (Docket No. 13). Mr. Smith may refile his request as this litigation proceeds if he believes he can then show he has made reasonable attempts to recruit counsel and if he believes his need for counsel has increased due to more advanced stages of litigation. Copy to Plaintiff via US Mail. Signed by Magistrate Judge Matthew P. Brookman on 4/21/2020. (AAS) [Transferred from Indiana Southern on 6/24/2020.]
March 9, 2020 Filing 14 REPLY in Support of Motion re #10 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(3), or in the Alternative to Transfer for Improper Venue Pursuant to 28 U.S.C. 1406(a) , filed by Defendant INDIANA PACKERS CORPORATION. (Winegardner, Richard) [Transferred from Indiana Southern on 6/24/2020.]
March 3, 2020 Filing 13 MOTION for Assistance with Recruiting Counsel, filed by Plaintiff ADAM SMITH. (Attachments: #1 Envelope)(NAD) [Transferred from Indiana Southern on 6/24/2020.]
March 2, 2020 Filing 12 RESPONSE in Opposition re #10 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(3), or in the Alternative to Transfer for Improper Venue Pursuant to 28 U.S.C. 1406(a), filed by Plaintiff ADAM SMITH. (Attachments: #1 Envelope)(NAD) [Transferred from Indiana Southern on 6/24/2020.]
February 20, 2020 Opinion or Order Filing 11 ORDER - To date, Plaintiff has failed to respond to the Motion. Plaintiff shall have through March 6, 2020 to respond to Defendants Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(3), or in the Alternative to Transfer for Improper Venue Pursuant to 28 U.S.C. 1406(a) (Dkt. #10 ). (See Order.) Copy to Plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 2/20/2020.(NAD) [Transferred from Indiana Southern on 6/24/2020.]
January 24, 2020 Filing 10 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(3), or in the Alternative to Transfer for Improper Venue Pursuant to 28 U.S.C. 1406(a), filed by Defendant INDIANA PACKERS CORPORATION. (Winegardner, Richard) [Transferred from Indiana Southern on 6/24/2020.]
January 24, 2020 Filing 9 Corporate Disclosure Statement by INDIANA PACKERS CORPORATION identifying Corporate Parent Mitsubishi Corporation, Corporate Parent Mitsubishi Corporation (America), Corporate Parent Itoham Foods Inc. for INDIANA PACKERS CORPORATION.. (Glenn, Anthony) [Transferred from Indiana Southern on 6/24/2020.]
January 24, 2020 Filing 8 NOTICE of Appearance by Anthony Kyle Glenn on behalf of Defendant INDIANA PACKERS CORPORATION. (Glenn, Anthony) [Transferred from Indiana Southern on 6/24/2020.]
January 24, 2020 Filing 7 NOTICE of Appearance by Richard P. Winegardner on behalf of Defendant INDIANA PACKERS CORPORATION. (Winegardner, Richard) [Transferred from Indiana Southern on 6/24/2020.]
December 23, 2019 Filing 6 WAIVER OF SERVICE Returned Executed, filed by ADAM SMITH. INDIANA PACKERS CORPORATION waiver sent on 11/26/2019. (Attachments: #1 Envelope)(NAD) [Transferred from Indiana Southern on 6/24/2020.]
November 26, 2019 Filing 5 NOTICE of Lawsuit & Waiver Issued by Clerk to Indiana Packers Corporation. (NAD) [Transferred from Indiana Southern on 6/24/2020.]
November 26, 2019 Opinion or Order Filing 4 ENTRY - GRANTING #2 MOTION TO PROCEED IN FORMA PAUPERIS, DISCUSSING ACTION, AND DIRECTING SERVICE. Plaintiff Adam Smith's ("Smith") "Request to Proceed in District Court Without Prepaying the Filing Fee" (Filing No. #2 ) is GRANTED pursuant to 28 U.S.C. 1915. The Court does not have the authority to waive the filing fee, and it remains due despite Plaintiff's in forma pauperis status. The filing fee for in forma pauperis litigants is $350.00. No payment is due currently; however, the $350.00 balance remains owing. At this time, the Court has not determined that the action must be dismissed pursuant to 1915(e) and therefore the action shall proceed. This ruling is without prejudice to the filing of a proper Rule 12 motion. Because Smith is proceeding in forma pauperis, Federal Rule of Civil Procedure 4 (c)(3) requires the Court to order service for Plaintiff. Accordingly, the Clerk is designated pursuant to Rule 4(c)(3) to issue process to Defendant Indiana Packers Corporation in the manner specified by Rule 4(d). Process shall consist of the Complaint ( Filing No. #1 ), applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. (See Entry.) Copies via US Mail per distribution list. Signed by Judge Tanya Walton Pratt on 11/26/2019. (NAD) [Transferred from Indiana Southern on 6/24/2020.]
November 18, 2019 Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) [Transferred from Indiana Southern on 6/24/2020.]
November 14, 2019 Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Plaintiff, ADAM SMITH. (DJH) [Transferred from Indiana Southern on 6/24/2020.]
November 14, 2019 Filing 1 COMPLAINT against INDIANA PACKERS CORPORATION, filed by ADAM SMITH. (No fee paid with this filing) (Attachments: #1 Dismissal and Notice of Rights)(DJH) [Transferred from Indiana Southern on 6/24/2020.]

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Defendant: Indiana Packers Corporation
Represented By: Anthony Kyle Glenn
Represented By: Richard P Winegardner
Represented By: Anthony K Glenn
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Plaintiff: Adam Smith
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