THE ESTATE OF BRIAN KEITH ALLEN et al v. CCA OF TENNESSEE, LLC et al
| THE ESTATE OF BRIAN KEITH ALLEN, SUSAN K. WRIGHTSMAN and ELLA MAE ALLEN |
| CCA OF TENNESSEE, LLC doing business as CORRECTIONS CORPORATION OF AMERICA, NEIL PROPST, TIMOTHY LITTLE and MARION COUNTY SHERIFF FRANK ANDERSON |
| 1:2008cv00774 |
| June 10, 2008 |
| US District Court for the Southern District of Indiana |
| Civil Rights: Other Office |
| Marion |
| Tim A Baker |
| Sarah Evans Barker |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Petition for Removal- Civil Rights Act |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 28, 2010. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 75 CLOSED DISMISSED with prej Signed by Judge Sarah Evans Barker on 6/28/2010.(CBU) |
| Filing 74 NOTICE of Completion of Estate Proceedings, filed by Plaintiffs ELLA MAE ALLEN, THE ESTATE OF BRIAN KEITH ALLEN, SUSAN K. WRIGHTSMAN (Ogden, Paul) |
Filing 73
ORDER granting plaintiffs' #72 Motion to Reopen Case and extend deadlines for settlement. The Court resets a new deadline of 5/28/2010 to file the appropriate documents to resolve this case. Signed by Judge Sarah Evans Barker on 4/21/2010. (MAC)
|
| Filing 72 MOTION to Reopen Case and Extend Settlement Deadline, filed by Plaintiffs ELLA MAE ALLEN, THE ESTATE OF BRIAN KEITH ALLEN, SUSAN K. WRIGHTSMAN. (Attachments: #1 Text of Proposed Order)(Ogden, Paul) |
|
Filing 71
CLOSED DISMISSED - the Parties having filed nothing in Response to the Court's Order dated 12/3/2009, as extended by its orders dated 2/1/2010 and 3/9/2010; cause is DISMISSED WITH PREJUDICE pursuant to Fed.R.Civ.P. 41(b). Signed by Judge Sarah Evans Barker on 4/19/2010.(MAC)
|
|
Filing 70
ORDER granting #69 Plaintiff's Motion for Extension of Time to April 15, 2010 to file the appropriate documents to resolve this case. Signed by Judge Sarah Evans Barker on 3/9/2010. (LBK) Modified on 3/15/2010 (PGS).
|
| Filing 69 MOTION for Extension of Time to April 15, 2010 in which to #68 Order on Motion for Extension of Time to File Settlement Documents, filed by Plaintiffs ELLA MAE ALLEN, THE ESTATE OF BRIAN KEITH ALLEN, SUSAN K. WRIGHTSMAN. (Attachments: #1 Exhibit 1 (Petition to Determine Heirship), #2 Exhibit 2 (Order Setting Hearing on Determining Heirship), #3 Text of Proposed Order Order on Extension of Settlement Deadline)(Ogden, Paul) |
|
Filing 68
ORDER granting plaintiffs' #67 Motion for Extension of Time to File Settlement Documents to 3/3/2010. Signed by Judge Sarah Evans Barker on 2/1/2010. (MAC)
|
| Filing 67 MOTION for Extension of Time to 3/3/2010 to File Settlement Documents, filed by Plaintiffs ELLA MAE ALLEN, THE ESTATE OF BRIAN KEITH ALLEN, SUSAN K. WRIGHTSMAN. (Attachments: #1 Text of Proposed Order)(Ogden, Paul) |
|
Filing 66
ORDER - the parties have reported a Settlement; all dates and deadlines previously established, including the 6/14/10 Trial Date and the 6/1/10 Final Pretrial Conference, are Vacated and any pending Motions are Denied as Moot. Parties are ORDERED to finalize their agreement and file the appropriate documents on or before 2/1/10. Failure to do so will result in a DISMISSAL WITH PREJUDICE pursuant to Fed.R.Civ.P. 41(b). Signed by Judge Sarah Evans Barker on 12/3/2009.(MAC)
|
| Filing 65 RESPONSE in Opposition re #63 MOTION for Reconsideration re #60 Order on Motion to DismissOrder on Report and RecommendationsOrder on Motion for Judgment on the Pleadings Or, in the Alternative, Allow Interlocutory Appeal, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Mayes, Jonathan) |
|
Filing 64
ORDER on 9/9/2009, Pretrial/Settlement Conference: Defendants appeared in person and by counsel September 9, 2009, for a pretrial/settlement conference. Plaintiff failed to appear until summoned by the Court. Discussion held regarding settlement and related matters. Counsel shall continue their settlement discussions and jointly contact the Magistrate Judge by September 29, 2009, regarding the status of settlement. Signed by Magistrate Judge Tim A. Baker on 9/14/09.(SWM)
|
| Filing 63 MOTION for Reconsideration re #60 Order on Motion to DismissOrder on Report and RecommendationsOrder on Motion for Judgment on the Pleadings Or, in the Alternative, Allow Interlocutory Appeal, filed by Plaintiffs ELLA MAE ALLEN, THE ESTATE OF BRIAN KEITH ALLEN, SUSAN K. WRIGHTSMAN. (Attachments: #1 Text of Proposed Order Order on Motion to Reconsider Or, In The Alternative, Allow Interlocutory Appeal)(Ogden, Paul) |
| Filing 62 Affirmative Defenses and ANSWER to #30 Amended Complaint, filed by MARION COUNTY SHERIFF FRANK ANDERSON.(Mayes, Jonathan) |
| Filing 61 NOTICE of Appearance by Marc Pe-Caine Sultzer on behalf of Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Sultzer, Marc) |
|
Filing 60
ORDER SUSTAINING DEFENDANT SHERIFF ANDERSON'S OBJECTION TO MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AS TO DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS AND MOTION TO DISMISS AND GRANTING SAME (See Order for details). Signed by Judge Sarah Evans Barker on 9/3/09. (SWM)
|
|
Filing 59
ORDER granting pltfs' #57 Motion for Extension of discovery deadline to depose witness and otherwise complete discovery. The deadline for completing discovery is extended to September 28, 2009. This shall include any in person deposition of Witness Cheryl White that Defendants may wish to do. Signed by Magistrate Judge Tim A. Baker on 8/31/09. (SWM)
|
| Filing 58 Witness List Amended, filed by Defendants CCA OF TENNESSEE, LLC, NEIL PROPST, TIMOTHY LITTLE, Exhibit List Amended, filed by Defendants CCA OF TENNESSEE, LLC, NEIL PROPST, TIMOTHY LITTLE. (Hahn, William) |
| Filing 57 MOTION for Extension of Time to 9/28/2009 to Depose Witnss and Otherwise Cojmplete Discovery, filed by Plaintiffs ELLA MAE ALLEN, THE ESTATE OF BRIAN KEITH ALLEN, SUSAN K. WRIGHTSMAN. (Attachments: #1 Text of Proposed Order Order on Extension of Time for Discovery)(Ogden, Paul) |
| Filing 56 Exhibit List Preliminary Amended, filed by Plaintiffs ELLA MAE ALLEN, THE ESTATE OF BRIAN KEITH ALLEN, SUSAN K. WRIGHTSMAN, Witness List Preliminary Amended, filed by Plaintiffs ELLA MAE ALLEN, THE ESTATE OF BRIAN KEITH ALLEN, SUSAN K. WRIGHTSMAN. (Ogden, Paul) |
| Filing 55 NOTICE (Amended) of Intent to Request Out of Court Statements Be Admitted Pursuant to Residual Hearsay Rule, filed by Plaintiffs ELLA MAE ALLEN, THE ESTATE OF BRIAN KEITH ALLEN, SUSAN K. WRIGHTSMAN (Ogden, Paul) |
| Filing 54 Witness List and Exhibit List (Amended, Preliminary), filed by Defendants CCA OF TENNESSEE, LLC, NEIL PROPST, TIMOTHY LITTLE. (Hahn, William) |
| Filing 53 NOTICE of Response to Defendant Sheriff Anderson's Objections to Magistrate Judge's Report and Recommendation, filed by Plaintiffs ELLA MAE ALLEN, THE ESTATE OF BRIAN KEITH ALLEN, SUSAN K. WRIGHTSMAN, re #52 Objection to Report and Recommendations. (Ogden, Paul) |
| Filing 52 OBJECTION to #50 Report and Recommendations, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Mayes, Jonathan) |
|
Filing 51
ORDER denying deft Sheriff Anderson's #32 Motion for More Definite Statement (see Order for details). Signed by Magistrate Judge Tim A. Baker on 7/14/2009. (SWM)
|
| Filing 50 REPORT AND RECOMMENDATIONS re #21 MOTION for Judgment on the Pleadings filed by MARION COUNTY SHERIFF FRANK ANDERSON and #42 MOTION to Dismiss All Federal Claims filed by MARION COUNTY SHERIFF FRANK ANDERSON (see R&R for details). Signed by Magistrate Judge Tim A. Baker on 7/14/2009.(SWM) |
| Filing 49 REPLY in Support of Motion re #42 MOTION to Dismiss All Federal Claims and Response to Plaintiff's Motion for Sanctions, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Attachments: #1 Text of Proposed Order revised)(Mayes, Jonathan) |
|
Filing 48
ORDER granting deft Marion County Sheriff Frank Anderson's #44 Motion to Quash and for Protective Order (see Order for details). Signed by Magistrate Judge Tim A. Baker on 6/22/2009. (SWM)
|
| Filing 47 RESPONSE in Opposition re #44 MOTION to Quash and for Protective Order, filed by Plaintiffs ELLA MAE ALLEN, THE ESTATE OF BRIAN KEITH ALLEN, SUSAN K. WRIGHTSMAN. (Attachments: #1 Exhibit A (Article Regarding Death At Hancock County Jail))(Ogden, Paul) |
| Filing 46 RESPONSE in Opposition re #42 MOTION to Dismiss All Federal Claims and Plaintiffs' Request for Sanctions, filed by Plaintiffs ELLA MAE ALLEN, THE ESTATE OF BRIAN KEITH ALLEN, SUSAN K. WRIGHTSMAN. (Attachments: #1 Affidavit News Story Regarding Hancock County Sheriff)(Ogden, Paul) |
| Filing 45 BRIEF/MEMORANDUM in Support re #44 MOTION to Quash and for Protective Order, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Attachments: #1 Exhibit A Subpoenas, #2 Exhibit B Allen Discovery Responses, #3 Exhibit C Dumes Discovery Responses, #4 Exhibit D Dumes Second Set of Discovery, #5 Exhibit E Plaintiff's Initital Disclosures, #6 Exhibit F Mayes June 3 Email, #7 Exhibit G Ogden June 3 Email, #8 Exhibit H Mayes June 4, #9 Exhibit I Ogden June 4 Email)(Mayes, Jonathan) |
| Filing 44 MOTION to Quash and for Protective Order, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Attachments: #1 Text of Proposed Order)(Mayes, Jonathan) |
| Filing 43 BRIEF/MEMORANDUM in Support re #42 MOTION to Dismiss All Federal Claims, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Mayes, Jonathan) |
| Filing 42 MOTION to Dismiss All Federal Claims, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Attachments: #1 Text of Proposed Order)(Mayes, Jonathan) |
| Filing 41 NOTICE of Intent to Request Out of Court Statements Be Admitted Pursuant to Residual Hearsay Exception Rule, Rule 807 of the Federal Rules of Evidence, filed by Plaintiffs ELLA MAE ALLEN, THE ESTATE OF BRIAN KEITH ALLEN, SUSAN K. WRIGHTSMAN (Ogden, Paul) |
|
Filing 40
MARGINAL ENTRY re #39 Return to Order to Show Cause. The order to show cause [Docket No. 38] is discharged. Signed by Magistrate Judge Tim A. Baker on 5/14/2009.(SWM)
|
| Filing 39 RETURN TO ORDER TO SHOW CAUSE by MARION COUNTY SHERIFF FRANK ANDERSON. (Mayes, Jonathan) |
|
Filing 38
ORDER on 5/4/2009, Pretrial/Settlement Conference and ORDER TO SHOW CAUSE: Parties appeared by counsel May 4, 2009, for a pretrial/settlement conference. Discussion held regarding discovery, settlement, and related matters. Plaintiff shall serve responses to Defendant's first request for production, and make any required supplementation to interrogatory responses, by May 15, 2009. Defendant Marion County Sheriff shall show cause by June 1, 2009, why sanctions should not issue for the failure of his counsel to appear at the May 4, 2009, pretrial/settlement conference as ordered. [Docket No. 20.] This cause is set for a pretrial conference at 9 a.m. on September 9, 2009, Room 234, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. Parties shall participate in this conference by counsel, with clients available by telephone throughout the duration of this conference. The purpose of this conference is to address settlement (see Order for other details). Signed by Magistrate Judge Tim A. Baker on 5/11/2009.(SWM)
|
|
*** CONTINUATION OF DOCKET NO. #38 *** ORDER taking under advisement deft's #32 Motion for More Definite Statement. Plaintiff clarified at the conference that his claims against Defendant Marion County Sheriff Frank Anderson are in both his individual and official capacities. Signed by Magistrate Judge Tim A. Baker on 5/11/2009. (SWM)
|
|
Filing 37
ORDER REFERRING MATTER TO MAGISTRATE JUDGE TIM A. BAKER: United States Magistrate Judge Tim A. Baker is hereby designated pursuant to 28 U.S.C. 636(b)(1)(B) to issue a report and recommendation on Defendants' Motion for Judgment on the Pleadings (Docket No. 21). Signed by Judge Sarah Evans Barker on 5/6/2009.(SWM)
|
| Filing 36 MARGINAL ENTRY denying deft CCA's #34 Motion to reschedule status/settlement conference currently set for 5/4/2009. Signed by Magistrate Judge Tim A. Baker on 4/29/09. (SWM) |
| Filing 35 Submission Proposed Order to Unopposed Motion to Reschedule Status/Settlement Conference, filed by Defendants CCA OF TENNESSEE, LLC, NEIL PROPST, TIMOTHY LITTLE. (Hahn, William) |
| Filing 34 Unopposed MOTION to Reschedule Status/Settlement Conference, filed by Defendants CCA OF TENNESSEE, LLC, TIMOTHY LITTLE. (Hahn, William) |
| Filing 33 RESPONSE in Opposition re #32 MOTION for More Definite Statement, filed by Plaintiffs ELLA MAE ALLEN, THE ESTATE OF BRIAN KEITH ALLEN, SUSAN K. WRIGHTSMAN. (Ogden, Paul) |
| Filing 32 MOTION for More Definite Statement, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Attachments: #1 Text of Proposed Order)(Mayes, Jonathan) |
| Filing 31 CCA Defendants' ANSWER to #30 Amended Complaint, filed by CCA OF TENNESSEE, LLC, NEIL PROPST, TIMOTHY LITTLE.(Hahn, William) |
| Filing 30 AMENDED COMPLAINT and DEMAND for JURY against all defendants, filed by all plaintiffs.(SWM) Modified on 3/20/2009 (SWM). |
|
Filing 29
ORDER granting pltfs' #28 Motion to Amend Complaint. Signed by Magistrate Judge Tim A. Baker on 3/19/09. (SWM)
|
| Filing 28 MOTION to Amend/Correct Complaint, filed by Plaintiffs ELLA MAE ALLEN, THE ESTATE OF BRIAN KEITH ALLEN, SUSAN K. WRIGHTSMAN. (Attachments: #1 Text of Proposed Order Order on Motion to Amend Complaint, #2 Exhibit Amended Complaint)(Ogden, Paul) |
| Filing 27 Witness List and Exhibit List, filed by Defendants CCA OF TENNESSEE, LLC, NEIL PROPST, TIMOTHY LITTLE, MARION COUNTY SHERIFF FRANK ANDERSON. (Hahn, William) |
|
Filing 26
SCHEDULING ORDER: Final Pretrial Conference set for 6/1/2010 02:00 PM in room #210 before Judge Sarah Evans Barker. Jury Trial set for 6/14/2010 09:30 AM in room #216 before Judge Sarah Evans Barker. Signed by Judge Sarah Evans Barker on 2/17/2009.(MAC)
|
| Filing 25 REPLY in Support of Motion re #21 MOTION for Judgment on the Pleadings, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Mayes, Jonathan) |
| Filing 24 Witness List and Exhibit List, filed by Plaintiffs ELLA MAE ALLEN, THE ESTATE OF BRIAN KEITH ALLEN, SUSAN K. WRIGHTSMAN. (Ogden, Paul) |
| Filing 23 RESPONSE in Opposition re #21 MOTION for Judgment on the Pleadings, filed by Plaintiffs ELLA MAE ALLEN, THE ESTATE OF BRIAN KEITH ALLEN, SUSAN K. WRIGHTSMAN. (Ogden, Paul) |
| Filing 22 BRIEF/MEMORANDUM in Support re #21 MOTION for Judgment on the Pleadings, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Mayes, Jonathan) |
| Filing 21 MOTION for Judgment on the Pleadings, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Attachments: #1 Text of Proposed Order)(Mayes, Jonathan) |
|
Filing 20
ORDER: CASE MANAGEMENT PLAN APPROVED AS SUBMITTED. Dispositive Motions due by 11/27/2009. Parties appeared by counsel on 12/17/08 for an initial pretrial conference. SCHEDULING ORDER: Pretrial/Settlement Conference set for 5/4/2009 03:00 PM in room #234 before Magistrate Judge Tim A. Baker. Clients shall be available by telephone throughout the duration of this conference. The purpose of the 5/4/09 pretrial/settlement conference is to address settlement. Signed by Magistrate Judge Tim A. Baker on 12/19/08.(SWM)
|
| Filing 19 CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs ELLA MAE ALLEN, THE ESTATE OF BRIAN KEITH ALLEN, SUSAN K. WRIGHTSMAN, Defendants CCA OF TENNESSEE, LLC, NEIL PROPST, TIMOTHY LITTLE, MARION COUNTY SHERIFF FRANK ANDERSON. (Attachments: #1 Magistrate's Summary)(Ogden, Paul) |
| Filing 18 Corporate Disclosure Statement by CCA OF TENNESSEE, LLC identifying Corporate Parent CORRECTIONS CORPORATION OF AMERICA for CCA OF TENNESSEE, LLC.. (Hahn, William) |
| Filing 17 NOTICE to File Corporate Disclosure Statement to CCA OF TENNESSEE, LLC. (LAB) (MAC) |
|
Filing 16
SCHEDULING ORDER: Initial Pretrial Conference set for 12/17/2008 10:30 AM in room #234 before Magistrate Judge Tim A. Baker. The parties shall file the CMP no less than three business days prior to the ptc (See Order). Signed by Magistrate Judge Tim A. Baker on 11/17/08.(SWM)
|
| Filing 15 MOTION for Pretrial Conference, filed by Plaintiffs ELLA MAE ALLEN, THE ESTATE OF BRIAN KEITH ALLEN, SUSAN K. WRIGHTSMAN. (Attachments: #1 Text of Proposed Order Order on Motion for Initial Pre-Trial Conference)(Ogden, Paul) |
| Filing 14 NOTICE of Appearance by Paul K. Ogden on behalf of Plaintiffs ELLA MAE ALLEN, THE ESTATE OF BRIAN KEITH ALLEN, SUSAN K. WRIGHTSMAN. (Ogden, Paul) |
| Filing 13 ANSWER to Complaint (Notice of Removal) with n, filed by MARION COUNTY SHERIFF FRANK ANDERSON.(Mayes, Jonathan) |
| Filing 12 ANSWER to Complaint, filed by CCA OF TENNESSEE, LLC, NEIL PROPST, TIMOTHY LITTLE.(Hahn, William) |
| Filing 11 NOTICE of Parties' First Extension of Time, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Mayes, Jonathan) |
| Filing 10 NOTICE Joinder with Notice of Removal, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON (Mayes, Jonathan) |
| Filing 9 NOTICE of Appearance by Jonathan Lamont Mayes on behalf of Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Mayes, Jonathan) |
| Filing 8 NOTICE of Parties' First Extension of Time, filed by Defendants CCA OF TENNESSEE, LLC, NEIL PROPST, TIMOTHY LITTLE. (Hahn, William) |
| Filing 7 CERTIFICATE of Counsel Of Filing In State Court by William A. Hahn on behalf of CCA OF TENNESSEE, LLC, NEIL PROPST, and TIMOTHY LITTLE. (DH) |
| Filing 6 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DH) |
| Filing 5 NOTICE of Appearance by Michael Rosiello on behalf of Defendants CCA OF TENNESSEE, LLC, NEIL PROPST, and TIMOTHY LITTLE. (DH) |
| Filing 4 NOTICE of Appearance by William A. Hahn on behalf of Defendants CCA OF TENNESSEE, LLC, NEIL PROPST, and TIMOTHY LITTLE. (DH) |
| Filing 3 RECEIPT #IP007523 in the amount of $350.00 for filing fee. (DH) |
| Filing 2 CIVIL COVER SHEET filed by Defendants CCA OF TENNESSEE, LLC, NEIL PROPST, and TIMOTHY LITTLE. (DH) |
| Filing 1 NOTICE OF REMOVAL from Marion County Superior Court, case number 49C01-0805-CT-023219, filed by CCA OF TENNESSEE, LLC, NEIL PROPST, and TIMOTHY LITTLE. (Attachments: #1 Exhibit 1-Appearance, #2 Exhibit 2-summons, #3 Exhibit 3-complaint)(DH) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Indiana Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
