JONES et al v. PENCE et al
Plaintiff: JOSEPH D. JONES and HEATHER JONES
Defendant: JACK J. PENCE and PENCE AND POTTER MILK TRANSPORT, INC.
Case Number: 1:2011cv00272
Filed: February 23, 2011
Court: US District Court for the Southern District of Indiana
Office: Indianapolis Office
Presiding Judge: Tim A Baker
Referring Judge: William T Lawrence
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. § 1332 Diversity-Personal Injury
Jury Demanded By: Both
Docket Report

This docket was last retrieved on August 30, 2012. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 30, 2012 Opinion or Order Filing 41 CLOSED DISMISSED - ORDER: IT IS HEREBY ORDERED, ADJUDGED AND DECREED that this matter is hereby dismissed with prejudice. Signed by Judge William T. Lawrence on 8/30/2012.(DW)
August 29, 2012 Filing 40 STIPULATION of Dismissal , filed by Plaintiffs HEATHER JONES, JOSEPH D. JONES, Defendants JACK J. PENCE, PENCE AND POTTER MILK TRANSPORT, INC.. (Attachments: #1 Text of Proposed Order)(Jocham, Kirk)
August 7, 2012 Opinion or Order Filing 39 MINUTE ORDER for proceedings held before Magistrate Judge Tim A. Baker: Settlement Conference held on 8/6/2012. Parties appeared in person and by counsel. Settlement discussions were held, and this case is now settled. Therefore, any pending motions are denied as moot, and all previously ordered dates relating to discovery, filings, schedules, conferences and trial, if any, are vacated. Parties shall file a stipulation of dismissal within 28 days. Signed by Magistrate Judge Tim A. Baker.(SWM)
July 3, 2012 Filing 38 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Stephen A. Semotuk hereby notifies the Clerk of the court of changed in contact information. (Semotuk, Stephen)
June 15, 2012 Opinion or Order Filing 37 ORDER Setting Settlement Conference and Related Deadlines: Settlement Conference set for 8/6/2012 01:30 PM in room #234, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Tim A. Baker. Three business days before the scheduled conference, the parties shall submit (not file) to the Magistrate Judge a confidential settlement statement (see Order for additional information). Signed by Magistrate Judge Tim A. Baker on 6/15/2012.(SWM)
June 15, 2012 Opinion or Order Filing 36 ORDER granting #35 Motion for Continuance. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the jury trial originally scheduled for Monday, August 6, 2012 has been VACATED and continued to the 10th day of December, 2012 at 9:00 a.m. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the final pre-trial conference originally scheduled for Thursday, July 5, 2012 at 2:00 p.m. has been VACATED and continued to the 9th day of November, 2012 at 10:00 a.m. Both shall be held in Room 202 ***SEE ORDER FOR ADDITIONAL DEADLINES***. Signed by Judge William T. Lawrence on 6/14/2012.(DW)
June 12, 2012 Filing 35 Joint MOTION for Continuance 8/6/12 Jury Trial for 120 days & to Continue 7/5/12 Final PTC and to Enlarge Certain Pre-Trial Deadlines, filed by Plaintiffs HEATHER JONES, JOSEPH D. JONES, Defendants JACK J. PENCE, PENCE AND POTTER MILK TRANSPORT, INC.. (Attachments: #1 Text of Proposed Order Order Granting Jt Motion to Continue 8/6/12 JT for 120 Days and to Continue 7/5/12 Final PTC & to Enlarge Pre-Trial Deadlines)(Jocham, Kirk)
May 10, 2012 Filing 34 Witness List Final, filed by Defendants JACK J. PENCE, PENCE AND POTTER MILK TRANSPORT, INC., Exhibit List Final, filed by Defendants JACK J. PENCE, PENCE AND POTTER MILK TRANSPORT, INC.. (Semotuk, Stephen)
May 10, 2012 Filing 33 NOTICE of Service of Expert Disclosures, filed by Defendants JACK J. PENCE, PENCE AND POTTER MILK TRANSPORT, INC. (Semotuk, Stephen)
May 10, 2012 Filing 32 Witness List , filed by Plaintiffs HEATHER JONES, JOSEPH D. JONES, Exhibit List , filed by Plaintiffs HEATHER JONES, JOSEPH D. JONES. (Jocham, Kirk)
April 10, 2012 Filing 31 NOTICE of Service of Expert Disclosures, filed by Plaintiffs HEATHER JONES, JOSEPH D. JONES (Jocham, Kirk)
November 14, 2011 Opinion or Order Filing 30 Minute Order for proceedings held before Magistrate Judge Tim A. Baker: Telephonic Status Conference held on 10/31/2011. Discussion held regarding discovery, settlement, and related matters. Given the parties' settlement positions, it does not appear that a court- supervised settlement conference would be productive at this time. The parties shall notify the Court promptly after the Plaintiffs are deposed to discuss the need for and timing of a settlement conference. Signed by Magistrate Judge Tim A. Baker.(SWM)
September 13, 2011 Filing 29 Defendants' ANSWER to #26 Amended Complaint, filed by All Defendants.(Semotuk, Stephen)
September 9, 2011 Filing 28 Witness List Preliminary, filed by Defendants JACK J. PENCE, PENCE AND POTTER MILK TRANSPORT, INC., Exhibit List Preliminary, filed by Defendants JACK J. PENCE, PENCE AND POTTER MILK TRANSPORT, INC.. (Semotuk, Stephen)
September 6, 2011 Filing 27 NOTICE of Appearance by Kirk Robert Jocham on behalf of Plaintiffs HEATHER JONES, JOSEPH D. JONES. (Jocham, Kirk)
September 6, 2011 Filing 26 AMENDED COMPLAINT Plaintiff's First Amended Complaint against All Defendants, filed by All Plaintiffs.(Stewart, Darron)
August 22, 2011 Filing 25 ENTRY: It has come to the Courts attention that the Plaintiffs did not file an amended complaint within 28 days of removal as required by Local Rule 81.1. The Plaintiffs shall do so within 14 days of the date of this Entry. Signed by Judge William T. Lawrence on 8/22/2011.(JHO)
August 10, 2011 Filing 24 TRIAL PROCEDURES AND PRACTICES before Judge William T. Lawrence. (DWH)
August 10, 2011 Opinion or Order Filing 23 SCHEDULING ORDER: Jury Trial set for 8/6/2012 at 9:00 AM in room #202, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge William T. Lawrence. Final Pretrial Conference set for 7/5/2012 at 2:00 PM in room #204, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge William T. Lawrence. (DWH)
August 10, 2011 Filing 22 Corporate Disclosure Statement by PENCE AND POTTER MILK TRANSPORT, INC.. (Semotuk, Stephen)
August 10, 2011 Filing 21 NOTICE of Service of Initial Disclosures, filed by Defendants JACK J. PENCE, PENCE AND POTTER MILK TRANSPORT, INC.. (Semotuk, Stephen)
August 10, 2011 Filing 20 Exhibit List Preliminary, filed by Plaintiffs HEATHER JONES, JOSEPH D. JONES, Witness List Preliminary, filed by Plaintiffs HEATHER JONES, JOSEPH D. JONES. (Stewart, Darron)
August 10, 2011 Filing 19 NOTICE of Service of Initial Disclosures, filed by Plaintiffs HEATHER JONES, JOSEPH D. JONES. (Stewart, Darron)
August 2, 2011 Opinion or Order Filing 18 ORDER: CASE MANAGEMENT PLAN APPROVED AS SUBMITTED. Parties appeared by counsel on 7/29/2011, for an Initial Pretrial Conference. Status Conference set for 10/31/2011 09:30 AM in Telephonic before Magistrate Judge Tim A. Baker. No dispositive motions are anticipated. The purpose of the 10/31/2011, telephonic status conference is to address case status and settlement. Signed by Magistrate Judge Tim A. Baker on 8/2/2011.(SWM)
July 21, 2011 Filing 17 CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs HEATHER JONES, JOSEPH D. JONES, Defendants JACK J. PENCE, PENCE AND POTTER MILK TRANSPORT, INC.. (Stewart, Darron)
July 6, 2011 Opinion or Order Filing 16 SCHEDULING ORDER: Initial Pretrial Conference set for 7/29/2011 02:00 PM in room #524, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Tim A. Baker. If a proposed Case Management Plan ("CMP") has not yet been filed, the parties are ordered to confer prior to the initial pretrial conference and prepare a proposed CMP. The parties shall file the proposed CMP no less than seven days prior to the pretrial conference (see Order for additional information). Signed by Magistrate Judge Tim A. Baker on 7/6/2011.(SWM)
March 18, 2011 Filing 15 CONSENT to Jurisdiction by US Magistrate Judge by HEATHER JONES, JOSEPH D. JONES. (Stewart, Darron)
March 10, 2011 Opinion or Order Filing 14 ORDER granting defts' #8 Motion to Seal and Substitute Redacted Copies. Documents Nos. 1, 2, 4, 5 and 6 are hereby sealed, and redacted copies are substituted herein. Signed by Magistrate Judge Tim A. Baker on 3/10/2011. (SWM)
March 7, 2011 Filing 13 REDACTION to #6 Affidavit by JACK J. PENCE, PENCE AND POTTER MILK TRANSPORT, INC.. (Semotuk, Stephen)
March 7, 2011 Filing 12 REDACTION to #5 Notice (Other) by JACK J. PENCE, PENCE AND POTTER MILK TRANSPORT, INC.. (Semotuk, Stephen)
March 7, 2011 Filing 11 REDACTION by JACK J. PENCE, PENCE AND POTTER MILK TRANSPORT, INC.. (Semotuk, Stephen)
March 7, 2011 Filing 10 REDACTION to #2 Civil Cover Sheet by JACK J. PENCE, PENCE AND POTTER MILK TRANSPORT, INC.. (Semotuk, Stephen)
March 7, 2011 Filing 9 REDACTION to #1 Notice of Removal by JACK J. PENCE, PENCE AND POTTER MILK TRANSPORT, INC.. (Semotuk, Stephen)
March 7, 2011 Filing 8 First MOTION to Seal Document #1 Notice of Removal, #6 Affidavit, #4 Notice of Appearance, #5 Notice (Other), #2 Civil Cover Sheet, filed by Defendants JACK J. PENCE, PENCE AND POTTER MILK TRANSPORT, INC.. (Attachments: #1 Text of Proposed Order)(Semotuk, Stephen)
February 23, 2011 Filing 7 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (TMA)
February 23, 2011 Filing 6 *** SEALED PER ORDER DATE 3/10/2011 *** AFFIDAVIT of Service of Notice to All Adverse Parties and to the State Court Clerk, filed by (Stephen a. Semotuk) JACK J. PENCE, PENCE AND POTTER MILK TRANSPORT, INC. (TMA) Modified on 3/10/2011 (SWM).
February 23, 2011 Filing 5 *** SEALED PER ORDER DATED 3/10/2011 *** NOTICE to Plaintiff and Clerk of the Wayne County Superior Court of Defendants' Application to Remove Cause to Federal Court, filed by Defendants JACK J. PENCE, PENCE AND POTTER MILK TRANSPORT, INC., re #1 Notice of Removal. (TMA) Modified on 3/10/2011 (SWM).
February 23, 2011 Filing 4 *** SEALED PER ORDER DATED 3/10/2011 *** NOTICE of Appearance by Stephen A. Semotuk on behalf of Defendants JACK J. PENCE, PENCE AND POTTER MILK TRANSPORT, INC. (TMA) Modified on 3/10/2011 (SWM).
February 23, 2011 Filing 3 RECEIPT #IP22743 in the amount of $ 350.00 - Filing Fee. (TMA)
February 23, 2011 Filing 2 *** SEALED PER ORDER DATED 3/10/2010 CIVIL COVER SHEET, filed by Defendants JACK J. PENCE, PENCE AND POTTER MILK TRANSPORT, INC. (TMA) Modified on 3/10/2011 (SWM).
February 23, 2011 Filing 1 *** SEALED PER ORDER DATED 3/10/2011 ***NOTICE OF REMOVAL from Wayne Superior Court, case number 89D01-1101-CT-00005., filed by PENCE AND POTTER MILK TRANSPORT, INC., JACK J. PENCE. (Attachments: STATE COURT RECORD # (1) Complaint, # (2) Summons Issued, # (3) Sheriff's Return of Service, # (4) Civil Case Detail, # (5) Letter to Clerk from Kimberly Stewart dated 2/18/11, # (6) Appearance of Stephen A. Semotuk on behalf of Defendants, # (7) Answer to Complaint)(TMA) Modified on 3/10/2011 (SWM).

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Plaintiff: JOSEPH D. JONES
Represented By: Darron S. Stewart
Represented By: Kirk Robert Jocham
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Plaintiff: HEATHER JONES
Represented By: Darron S. Stewart
Represented By: Kirk Robert Jocham
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Defendant: JACK J. PENCE
Represented By: Stephen A. Semotuk
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Defendant: PENCE AND POTTER MILK TRANSPORT, INC.
Represented By: Stephen A. Semotuk
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