SMITH v. ASSOCIATES IN BEHAVIORAL COUNSELING, P.C. et al
Plaintiff: EZMA M. SMITH
Defendant: ASSOCIATES IN BEHAVIORAL COUNSELING, P.C., ABC ASPIRE, LLC, TERESA VANNATTA and MICHELE BOBERG
Case Number: 1:2011cv00610
Filed: May 6, 2011
Court: US District Court for the Southern District of Indiana
Office: Indianapolis Office
Presiding Judge: Tim A Baker
Referring Judge: Tanya Walton Pratt
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 201 Fair Labor Standards Act
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on August 19, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 19, 2013 Filing 123 CLOSED DISMISSED, with prejudice. Stipulation of Dismissal Approved. Signed by Magistrate Judge Tim A. Baker on 8/19/2013.(SWM)
August 13, 2013 Filing 122 STIPULATION of Dismissal , filed by Defendants ABC ASPIRE, LLC, ASSOCIATES IN BEHAVIORAL COUNSELING, P.C., MICHELE BOBERG, TERESA VANNATTA, Counter Claimants ABC ASPIRE, LLC, ABC ASPIRE, LLC, ASSOCIATES IN BEHAVIORAL COUNSELING, P.C., ASSOCIATES IN BEHAVIORAL COUNSELING, P.C., ASSOCIATES IN BEHAVIORAL COUNSELING, P.C., MICHELE BOBERG, TERESA VANNATTA, Plaintiff EZMA M. SMITH, Counter Defendants EZMA M. SMITH, EZMA M. SMITH, EZMA M. SMITH. (Delk, Jason)
July 10, 2013 Opinion or Order Filing 121 SCHEDULING ORDER: Status Conference set for 7/11/2013 03:30 PM in Telephonic before Magistrate Judge Tim A. Baker. Parties shall participate in this conference by counsel, who shall call the Court at 317-229-3660. The purpose of this conference is to address Plaintiff's motion to enforce settlement and trial readiness. Signed by Magistrate Judge Tim A. Baker on 7/10/2013.(SWM)
June 30, 2013 Filing 119 RESPONSE to Motion re #118 Emergency MOTION to Substitute Defendants' Response to Plaintiff's Motion to Enforce Settlement With the Attached Substituted Response , filed by Plaintiff EZMA M. SMITH. (Bowes, Gregory)
June 28, 2013 Filing 120 MARGINAL ENTRY denying Defts' #118 Emergency Motion to substitute. Signed by Magistrate Judge Tim A. Baker on 6/28/2013. (SWM)
June 27, 2013 Filing 118 Emergency MOTION to Substitute Defendants' Response to Plaintiff's Motion to Enforce Settlement With the Attached Substituted Response, filed by Defendants ABC ASPIRE, LLC, ASSOCIATES IN BEHAVIORAL COUNSELING, P.C., MICHELE BOBERG, TERESA VANNATTA. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Delk, Jason)
June 27, 2013 Filing 117 MARGINAL ENTRY denying Defts' #115 Motion to Seal Document (see Entry). Signed by Magistrate Judge Tim A. Baker on 6/27/2013. (SWM)
June 20, 2013 Filing 116 REPLY in Support of Motion re #112 MOTION to Enforce Settlement and Request for Sanctions , filed by Plaintiff EZMA M. SMITH. (Bowes, Gregory)
June 17, 2013 Filing 115 MOTION to Seal Document #114 SEALED Response to Motion to Enforce Settlement, filed by Defendants ABC ASPIRE, LLC, ASSOCIATES IN BEHAVIORAL COUNSELING, P.C., MICHELE BOBERG, TERESA VANNATTA. (Attachments: #1 Text of Proposed Order)(Delk, Jason)
June 17, 2013 Filing 114 SEALED RESPONSE re #112 MOTION to Enforce Settlement and Request for Sanctions , filed by Defendants ABC ASPIRE, LLC, ASSOCIATES IN BEHAVIORAL COUNSELING, P.C., MICHELE BOBERG, TERESA VANNATTA. (Attachments: #1 Exhibit A)(Delk, Jason)
June 3, 2013 Opinion or Order Filing 113 MINUTE ORDER for proceedings held before Magistrate Judge Tim A. Baker: Telephonic Status Conference held on 5/30/2013. Discussion held regarding trial and related matters. Jury Trial set for 8/27/2013 01:00 PM in room #238, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Tim A. Baker. Signed by Magistrate Judge Tim A. Baker.(SWM)
May 30, 2013 Filing 112 MOTION to Enforce Settlement and Request for Sanctions, filed by Plaintiff EZMA M. SMITH. (Bowes, Gregory)
May 23, 2013 Filing 111 MINUTE ENTRY for proceedings held before Magistrate Judge Debra McVicker Lynch: Telephonic Status Conference held on 5/10/2013. The conference was held and concluded. Signed by Magistrate Judge Debra McVicker Lynch. (TMA)
May 23, 2013 Opinion or Order Filing 110 SCHEDULING ORDER:Telephonic Status Conference set for 5/30/2013 at 3:30 PM before Magistrate Judge Tim A. Baker. Parties shall participate in this conference by counsel, who shall call the Court at 317-229-3660. The purpose of this conference is to address selecting expedited dates for a final pretrial conference and trial in light of the apparent breakdown in settlement. Signed by Magistrate Judge Tim A. Baker on 5/23/2013.(ADH)
May 1, 2013 Opinion or Order Filing 109 SCHEDULING ORDER: Telephonic Status Conference set for 5/10/2013 09:00 AM before Magistrate Judge Debra McVicker Lynch. Signed by Magistrate Judge Debra McVicker Lynch on 5/1/2013. (TMA)
March 28, 2013 Opinion or Order Filing 108 MINUTE ENTRY for Settlement Conference held before Magistrate Judge Debra McVicker Lynch on 3/26/2013 - The plaintiff, in person and by counsel, and the defendant, by its authorized representatives, in person and by counsel. The conference was successfully concluded with the parties' agreement on settlement terms. Therefore, all pending motions, if any, are now DENIED AS MOOT and all previously ordered dates relating to discovery, filings, schedules, conferences, and trial, if any, are VACATED. Within forty-five days of the date of this entry, counsel for the plaintiff shall file a motion to dismiss this cause and submit an order for the Court's signature ordering the dismissal of this action or a stipulation of dismissal. Signed by Magistrate Judge Debra McVicker Lynch.(JD)
March 1, 2013 Opinion or Order Filing 107 SCHEDULING ORDER: Settlement Conference set for 3/8/13 is VACATED AND RESET for 3/26/2013 09:30 AM in room #277, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Debra McVicker Lynch. Signed by Magistrate Judge Debra McVicker Lynch on 3/1/2013. (TMA)
February 27, 2013 Filing 106 MARGINAL ENTRY denying Defts' #104 Motion for Continuance of Jury Trial. Signed by Magistrate Judge Tim A. Baker on 2/27/2013. (SWM)
February 22, 2013 Filing 105 RESPONSE in Opposition re #104 MOTION for Continuance of Jury Trial Pending Resolution of Related Criminal Actions , filed by Plaintiff EZMA M. SMITH. (Bowes, Gregory)
February 22, 2013 Filing 104 MOTION for Continuance of Jury Trial Pending Resolution of Related Criminal Actions, filed by Defendants ABC ASPIRE, LLC, ASSOCIATES IN BEHAVIORAL COUNSELING, P.C., MICHELE BOBERG, TERESA VANNATTA. (Attachments: #1 Affidavit of Zachary Craig, #2 Text of Proposed Order Granting Motion for Continuance of Jury Trial)(Delk, Jason)
January 8, 2013 Filing 103 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Gregory P. Bowes hereby notifies the Clerk of the court of changed contact information. (Bowes, Gregory)
December 13, 2012 Filing 102 MARGINAL ENTRY denying Pltf's #100 Motion for permission to file partial S/J motion. Signed by Magistrate Judge Tim A. Baker on 12/13/2012. (SWM)
December 5, 2012 Filing 101 RESPONSE in Opposition re #100 MOTION for Extension of Time to 1/2/2013 to file Motion for Partial Summary Judgment , filed by Defendants ABC ASPIRE, LLC, ASSOCIATES IN BEHAVIORAL COUNSELING, P.C., MICHELE BOBERG, TERESA VANNATTA. (Delk, Jason)
December 4, 2012 Filing 100 MOTION for Extension of Time to 1/2/2013 to file Motion for Partial Summary Judgment, filed by Plaintiff EZMA M. SMITH. (Attachments: #1 Text of Proposed Order)(Bowes, Gregory)
November 14, 2012 Opinion or Order Filing 99 SCHEDULING ORDER: Settlement Conference set for 3/8/2013 09:30 AM in room #277, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Debra McVicker Lynch. Signed by Magistrate Judge Debra McVicker Lynch on 11/14/2012. (TMA)
November 13, 2012 Opinion or Order Filing 98 ORDER REFERRING CAUSE TO MAGISTRATE JUDGE LYNCH FOR SETTLEMENT CONFERENCE ONLY - This assignment does not affect the designation of Magistrate Judge Tim A. Baker as the Magistrate Judge for all other purposes in this case, nor does it affect the Clerk's record of the case assignment. Signed by Magistrate Judge Tim A. Baker on 11/13/2012. (TMA)
November 9, 2012 Opinion or Order Filing 97 ORDER VACATING AND RESETTING TRIAL - The Court, on its own motion, vacates the trial in this matter set for 9:30 a.m. on November 13, 2012, and resets this matter for trial on April 15, 2013, at 9:30 a.m., in Room 238, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. Signed by Magistrate Judge Tim A. Baker on 11/9/2012.(JD)
November 7, 2012 Opinion or Order Filing 96 MINUTE ORDER for proceedings held before Magistrate Judge Tim A. Baker: Final Pretrial Conference held on 11/6/2012. Argument was held, and the Court made certain rulings on the record. A copy of the transcript of the final pretrial conference setting forth the specific rulings and reasoning will be filed on the Court's docket. Signed by Magistrate Judge Tim A. Baker. (Court Reporter David Moxley.)(SWM)
November 7, 2012 Filing 95 TRANSCRIPT of Final Pretrial Conference held on 11/06/2012 before Magistrate Judge Tim A. Baker. (39 pages.) Court Reporter/Transcriber: David Moxley (Telephone: (317) 916-8209). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 11/28/2012. Release of Transcript Restriction set for 2/5/2013. (Moxley, David) Released on 2/5/2013 (SWM).
November 7, 2012 Filing 94 NOTICE of FILING of OFFICIAL TRANSCRIPT of Final Pretrial Conference held before Magistrate Judge Tim A. Baker on 11/06/2012 (Moxley, David)
October 30, 2012 Filing 93 RESPONSE in Opposition re #76 MOTION in Limine , filed by Defendants ABC ASPIRE, LLC, ASSOCIATES IN BEHAVIORAL COUNSELING, P.C., MICHELE BOBERG, TERESA VANNATTA. (Delk, Jason)
October 30, 2012 Filing 92 OBJECTION to Plaintiff's Proposed Jury Instructions by All Defendants. Related document: #84 Proposed Jury Instructions filed by EZMA M. SMITH.(Delk, Jason)
October 30, 2012 Filing 91 OBJECTION to Defendants' Proposed Exhibits by EZMA M. SMITH. (Bowes, Gregory)
October 30, 2012 Filing 90 OBJECTION to Defendants' Proposed Jury Instructions by EZMA M. SMITH. Related document: #82 Proposed Jury Instructions filed by MICHELE BOBERG, TERESA VANNATTA, ABC ASPIRE, LLC, ASSOCIATES IN BEHAVIORAL COUNSELING, P.C..(Bowes, Gregory)
October 30, 2012 Filing 89 RESPONSE in Opposition re #81 MOTION in Limine Regarding Witness Sexual Orientation and re #80 MOTION in Limine Regarding Dismissed Claim, filed by Plaintiff EZMA M. SMITH. (Bowes, Gregory)
October 30, 2012 Filing 88 OBJECTION to Plaintiff's Proposed Voir Dire Questions by All Defendants. Related document: #75 Proposed Voir Dire filed by EZMA M. SMITH.(Delk, Jason)
October 30, 2012 Filing 87 OBJECTION to Plaintiff's Request for Separation of Witnesses by All Defendants. Related document: #77 MOTION for Separation of Witnesses filed by EZMA M. SMITH.(Delk, Jason)
October 30, 2012 Filing 86 NOTICE of Request for Separation of Witnesses, filed by Defendants ABC ASPIRE, LLC, ASSOCIATES IN BEHAVIORAL COUNSELING, P.C., MICHELE BOBERG, TERESA VANNATTA (Delk, Jason)
October 26, 2012 Filing 85 BRIEF/MEMORANDUM in Support re #76 MOTION in Limine , filed by Plaintiff EZMA M. SMITH. (Bowes, Gregory)
October 23, 2012 Filing 84 Proposed Jury Instructions, filed by EZMA M. SMITH. (Bowes, Gregory)
October 23, 2012 Filing 83 Proposed Voir Dire by ABC ASPIRE, LLC, ASSOCIATES IN BEHAVIORAL COUNSELING, P.C., MICHELE BOBERG, TERESA VANNATTA. (Delk, Jason)
October 23, 2012 Filing 82 Proposed Jury Instructions, filed by ABC ASPIRE, LLC, ASSOCIATES IN BEHAVIORAL COUNSELING, P.C., MICHELE BOBERG, TERESA VANNATTA. (Delk, Jason)
October 23, 2012 Filing 81 MOTION in Limine Regarding Witness Sexual Orientation, filed by Defendants ABC ASPIRE, LLC, ASSOCIATES IN BEHAVIORAL COUNSELING, P.C., MICHELE BOBERG, TERESA VANNATTA, Counter Claimants ABC ASPIRE, LLC, ASSOCIATES IN BEHAVIORAL COUNSELING, P.C., MICHELE BOBERG, TERESA VANNATTA. (Attachments: #1 Text of Proposed Order)(Delk, Jason)
October 23, 2012 Filing 80 MOTION in Limine Regarding Plaintiff's Dismissed Cause of Action, filed by Defendants ABC ASPIRE, LLC, ASSOCIATES IN BEHAVIORAL COUNSELING, P.C., MICHELE BOBERG, TERESA VANNATTA, Counter Claimants ABC ASPIRE, LLC, ASSOCIATES IN BEHAVIORAL COUNSELING, P.C., MICHELE BOBERG, TERESA VANNATTA. (Attachments: #1 Text of Proposed Order)(Delk, Jason)
October 23, 2012 Filing 79 Exhibit List , filed by Defendants ABC ASPIRE, LLC, ASSOCIATES IN BEHAVIORAL COUNSELING, P.C., MICHELE BOBERG, TERESA VANNATTA, Counter Claimants ABC ASPIRE, LLC, ASSOCIATES IN BEHAVIORAL COUNSELING, P.C., MICHELE BOBERG, TERESA VANNATTA. (Delk, Jason)
October 23, 2012 Filing 78 Witness List , filed by Defendants ABC ASPIRE, LLC, ASSOCIATES IN BEHAVIORAL COUNSELING, P.C., MICHELE BOBERG, TERESA VANNATTA, Counter Claimants ABC ASPIRE, LLC, ABC ASPIRE, LLC, ASSOCIATES IN BEHAVIORAL COUNSELING, P.C., ASSOCIATES IN BEHAVIORAL COUNSELING, P.C., ASSOCIATES IN BEHAVIORAL COUNSELING, P.C., MICHELE BOBERG, TERESA VANNATTA. (Delk, Jason)
October 23, 2012 Filing 77 MOTION for Separation of Witnesses, filed by Plaintiff EZMA M. SMITH. (Bowes, Gregory)
October 23, 2012 Filing 76 MOTION in Limine , filed by Plaintiff EZMA M. SMITH. (Bowes, Gregory)
October 23, 2012 Filing 75 Proposed Voir Dire by EZMA M. SMITH. (Bowes, Gregory)
October 23, 2012 Filing 74 Witness List , filed by Plaintiff EZMA M. SMITH. (Bowes, Gregory)
October 23, 2012 Filing 73 Exhibit List , filed by Plaintiff EZMA M. SMITH. (Bowes, Gregory)
October 19, 2012 Opinion or Order Filing 72 ORDER granting in part and denying in part Defts' #42 Motion for Summary Judgment. Additionally, the breach of contract claim for ABC, P.C. also fails as a matter of law. However, there are genuine issues of material fact related to Plaintiff's ownership agreement with ABC Aspire, LLC. As a result, waiver of the breach of contract claim is not appropriate at this stage, and should be addressed at trial, which remains set for 9:30 a.m. on November 13, 2012, in Room 238, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana (see Order for additional information). Signed by Magistrate Judge Tim A. Baker on 10/19/2012. (SWM)
September 17, 2012 Opinion or Order Filing 71 ORDER granting Defts' #70 Motion to Strike Pltf's surreply. Pltf's surreply #69 is stricken (see Order). Signed by Magistrate Judge Tim A. Baker on 9/17/2012. (SWM)
September 12, 2012 Filing 70 MOTION to Strike #69 Surreply , filed by Defendants ABC ASPIRE, LLC, ASSOCIATES IN BEHAVIORAL COUNSELING, P.C., MICHELE BOBERG, TERESA VANNATTA. (Delk, Jason)
August 27, 2012 Filing 69 *** STRICKEN PER ORDER DATED 9/17/2012 *** Surreply re #42 MOTION for Summary Judgment , filed by Plaintiff EZMA M. SMITH. (Bowes, Gregory) Modified on 9/17/2012 (SWM).
August 21, 2012 Opinion or Order Filing 68 ORDER granting Defts' #66 Motion for Extension of Time to File Reply to 8/20/2012 re #42 MOTION for Summary Judgment . Signed by Magistrate Judge Tim A. Baker on 8/21/2012. (SWM)
August 20, 2012 Filing 67 REPLY in Support of Motion re #42 MOTION for Summary Judgment , filed by Defendants ABC ASPIRE, LLC, ASSOCIATES IN BEHAVIORAL COUNSELING, P.C., MICHELE BOBERG, TERESA VANNATTA. (Delk, Jason)
August 15, 2012 Filing 66 Unopposed MOTION for Extension of Time to August 20, 2012 to file reply to #42 MOTION for Summary Judgment , filed by Defendants ABC ASPIRE, LLC, ASSOCIATES IN BEHAVIORAL COUNSELING, P.C., MICHELE BOBERG, TERESA VANNATTA. (Attachments: #1 Text of Proposed Order Granting Extension of Time)(Delk, Jason)
August 10, 2012 Filing 65 Exhibit List Final, filed by Plaintiff EZMA M. SMITH. (Bowes, Gregory)
August 10, 2012 Filing 64 Witness List Final, filed by Plaintiff EZMA M. SMITH. (Bowes, Gregory)
August 10, 2012 Filing 63 Exhibit List Final, filed by Defendants ABC ASPIRE, LLC, ASSOCIATES IN BEHAVIORAL COUNSELING, P.C., MICHELE BOBERG, TERESA VANNATTA. (Delk, Jason)
August 10, 2012 Filing 62 Witness List Final, filed by Defendants ABC ASPIRE, LLC, ASSOCIATES IN BEHAVIORAL COUNSELING, P.C., MICHELE BOBERG, TERESA VANNATTA. (Delk, Jason)
August 2, 2012 Opinion or Order Filing 61 ORDER denying Pltf's #56 Motion to Complete Discovery (see Order). Signed by Magistrate Judge Tim A. Baker on 8/2/2012. (SWM)
July 30, 2012 Filing 60 Appendix of Exhibits in Support of Response in Opposition to Motion re #42 MOTION for Summary Judgment , filed by Plaintiff EZMA M. SMITH. (Attachments: #1 Affidavit Exhibit A - Affidavit of Ezma Smith, #2 Exhibit Exhibit B - ABC's Aspire Business Plan, #3 Affidavit Exhibit C - Affidavit of Nancy Smith-Call, #4 Exhibit Exhibit D - Excerpts from Deposition of Ezma Smith, #5 Exhibit Exhibit E - Excerpts from Deposition of Teresa Vannatta, #6 Exhibit Exhibit F - Excerpts from Deposition of Michele Boberg, #7 Exhibit Exhibit G - 2007 IRS Form 1120s for ABCs Aspire, LLC, #8 Exhibit Exhibit H - Muncie Industrial Revolving Loan Fund Loan and Guaranty, #9 Exhibit Exhibit I - Minutes of the May 21, 2008, meeting of the Directors of Associates in Behavioral Counseling, P.C.)(Bowes, Gregory)
July 30, 2012 Filing 59 RESPONSE in Opposition re #42 MOTION for Summary Judgment , filed by Plaintiff EZMA M. SMITH. (Bowes, Gregory)
July 20, 2012 Opinion or Order Filing 58 ORDER granting #55 Joint Motion for Extension of Time for parties to file and serve their final witness and exhibit lists to 8/10/2012. Signed by Magistrate Judge Tim A. Baker on 7/20/2012. (SWM)
July 19, 2012 Filing 57 RESPONSE in Opposition re #56 MOTION under Rule 56(d) , filed by Defendants ABC ASPIRE, LLC, ASSOCIATES IN BEHAVIORAL COUNSELING, P.C., MICHELE BOBERG, TERESA VANNATTA. (Delk, Jason)
July 13, 2012 Filing 56 MOTION under Rule 56(d), filed by Plaintiff EZMA M. SMITH. (Attachments: #1 Text of Proposed Order)(Bowes, Gregory)
July 11, 2012 Filing 55 Joint MOTION for Extension of Time to August 10, 2012 for Parties to File their Final Witness & Exhibit Lists, filed by Defendants ABC ASPIRE, LLC, ASSOCIATES IN BEHAVIORAL COUNSELING, P.C., MICHELE BOBERG, TERESA VANNATTA. (Attachments: #1 Text of Proposed Order Granting Motion to Extend Deadline)(Delk, Jason)
July 5, 2012 Opinion or Order Filing 54 ORDER ON JULY 3, 2012, TELEPHONIC STATUS CONFERENCE; Plaintiff appeared in person and by counsel, and Defendants appeared by counsel, on July 3, 2012, for a telephonic status conference. Also appearing with Plaintiff's current counsel, as required by order, was Plaintiff's former counsel, Garland Graves. The Court discussed with Plaintiff and Plaintiff's current and former counsel the circumstances surrounding Graves' motion to withdraw #45 , which the Court previously granted, and the pending motion to withdraw #48 filed by Greg Bowes, who represents the Plaintiff. The Court sees no reason to further revisit its ruling permitting Graves to withdraw. However, the pending motion to withdraw #48 is denied, as any conflict between Bowes and the Plaintiff appears purely financial in nature; Plaintiff's counsel took on this representation with an agreement that included a contingency fee arrangement, which obviously carries financial risks; and Defendants have filed a summary judgment motion to which Plaintiff is required to respond by the already extended deadline of July 30, 2012. The Court also discussed with counsel a potential discovery dispute. Plaintiff seeks certain discovery from Plaintiff to which Defendants have objected. Though the discovery deadline has passed and this issue was not previously brought to the Court's attention, Plaintiff contends she is entitled to certain discovery. Plaintiff shall have until July 13, 2012, to file a Rule 56(d) motion regarding any discovery needed to respond to Defendants' pending summary judgment motion. Signed by Magistrate Judge Tim A. Baker.(DW)
July 2, 2012 Opinion or Order Filing 53 ORDER granting Pltf's #49 Motion for Extension of Time to File Response to 7/30/2012 re #42 MOTION for Summary Judgment . Signed by Magistrate Judge Tim A. Baker on 7/2/2012. (SWM)
June 22, 2012 Opinion or Order Filing 52 SCHEDULING ORDER: Status Conference set for 7/3/2012 09:00 AM in Telephonic before Magistrate Judge Tim A. Baker to address attorney Gregory Bowes' motion to withdraw. [Docket No 48.] The parties shall participate by counsel, and Plaintiff shall also participate. In addition, Plaintiff's former counsel, Garland Graves, shall also participate. Graves shall participate to address his representation in his recently granted motion to withdraw that the Plaintiff would continue to be represented by Gregory Bowes, who by way of the instant motion now seeks to withdraw. Participants shall contact the Court at 317-229-3660. Plaintiff's response to the pending motion for summary judgment is stayed pending further order. The Clerk shall serve Garland Graves with a copy of this order, along with all counsel of record c/m. Signed by Magistrate Judge Tim A. Baker on 6/22/2012.(SWM)
June 20, 2012 Opinion or Order Filing 51 ORDER granting Parties' #47 Stipulation of Dismissal, w/prejudice, Count V of Pltf's second amended complaint. Signed by Magistrate Judge Tim A. Baker on 6/20/2012.(SWM)
June 18, 2012 Opinion or Order Filing 50 ORDER granting #45 Motion to Withdraw Attorney Appearance. Attorney Garland Eugene Graves withdrawn. Signed by Magistrate Judge Tim A. Baker on 6/18/2012. (SWM)
June 18, 2012 Filing 49 Unopposed MOTION for Extension of Time to July 30, 2012 to file response to #42 MOTION for Summary Judgment , filed by Plaintiff EZMA M. SMITH. (Attachments: #1 Text of Proposed Order)(Bowes, Gregory)
June 18, 2012 Filing 48 MOTION to Withdraw Attorney Appearance of Gregory Bowes, filed by Plaintiff EZMA M. SMITH. (Attachments: #1 Exhibit Exhibit A: Letter to Client, #2 Text of Proposed Order)(Bowes, Gregory)
June 18, 2012 Filing 47 STIPULATION of Dismissal of Count V of Plaintiff's Second Amended Complaint, filed by Defendants ABC ASPIRE, LLC, ASSOCIATES IN BEHAVIORAL COUNSELING, P.C., MICHELE BOBERG, TERESA VANNATTA, Plaintiff EZMA M. SMITH. (Attachments: #1 Text of Proposed Order of Dismissal of Count V of Plaintiff's Second Amended Complaint)(Delk, Jason)
June 15, 2012 Filing 46 CERTIFICATE OF SERVICE by EZMA M. SMITH for Motion to Withdraw Counsel (Graves, Garland)
June 15, 2012 Filing 45 MOTION to Withdraw Attorney Appearance of Garland E. Graves, filed by Plaintiff EZMA M. SMITH. (Attachments: #1 Exhibit Letter Confirming Consent for Withdrawal of Representation, #2 Text of Proposed Order)(Graves, Garland)
May 29, 2012 Filing 44 Appendix of Exhibits in Support of Motion re #42 MOTION for Summary Judgment , filed by Defendants ABC ASPIRE, LLC, ASSOCIATES IN BEHAVIORAL COUNSELING, P.C., MICHELE BOBERG, TERESA VANNATTA. (Attachments: #1 Exhibit A - Affidavit of Michele Boberg, #2 Exhibit B - Affidavit of Teresa Vannatta, #3 Exhibit C - Part 1 of 2 - Excerpts of the Deposition of Ezma Smith, #4 Exhibit C - Part 2 of 2 - Excerpts of the Deposition of Ezma Smith, #5 Exhibit D - Exhibit 12 to the Deposition of Ezma Smith, #6 Exhibit 14 to the Deposition of Ezma Smith, #7 Exhibit F - Excerpts of the Deposition of Michele Boberg)(Delk, Jason)
May 29, 2012 Filing 43 BRIEF/MEMORANDUM in Support re #42 MOTION for Summary Judgment , filed by Defendants ABC ASPIRE, LLC, ASSOCIATES IN BEHAVIORAL COUNSELING, P.C., MICHELE BOBERG, TERESA VANNATTA. (Delk, Jason)
May 29, 2012 Filing 42 MOTION for Summary Judgment , filed by Defendants ABC ASPIRE, LLC, ASSOCIATES IN BEHAVIORAL COUNSELING, P.C., MICHELE BOBERG, TERESA VANNATTA. (Attachments: #1 Text of Proposed Order Granting Summary Judgment)(Delk, Jason)
May 22, 2012 Opinion or Order Filing 41 Minute Order for proceedings held before Magistrate Judge Tim A. Baker - Parties appeared by counsel for telephonic Status Conference held on 5/21/2012. Discussion held regarding the application of the Fifth Amendment privilege to Plaintiff's upcoming deposition. Conference concluded without further order. Signed by Magistrate Judge Tim A. Baker. (JKS)
March 9, 2012 Opinion or Order Filing 40 ORDER granting #38 Agreed Motion to extend case management deadlines. Dispositive motions due by 5/28/2012 (see Order for other established deadlines). Signed by Magistrate Judge Tim A. Baker on 3/9/2012.(SWM)
March 9, 2012 Filing 39 NOTICE of 3 Day Extension of Time to Respond to Plaintiff's Discovery Requests, filed by Defendants ABC ASPIRE, LLC, ASSOCIATES IN BEHAVIORAL COUNSELING, P.C., MICHELE BOBERG, TERESA VANNATTA (Delk, Jason)
March 6, 2012 Filing 38 Unopposed MOTION to Extend Case Management Deadlines, filed by Defendants ABC ASPIRE, LLC, ASSOCIATES IN BEHAVIORAL COUNSELING, P.C., MICHELE BOBERG, TERESA VANNATTA. (Attachments: #1 Text of Proposed Order Granting Agreed Motion to Extend)(Delk, Jason)
March 1, 2012 Filing 37 NOTICE of Parties' First Extension of Time, filed by Defendants ABC ASPIRE, LLC, ASSOCIATES IN BEHAVIORAL COUNSELING, P.C., MICHELE BOBERG, TERESA VANNATTA. (Delk, Jason)
December 16, 2011 Opinion or Order Filing 36 Minute Order for proceedings held before Magistrate Judge Tim A. Baker: Parties appeared by counsel December 14, 2011, for a telephonic status conference. Discussion held regarding discovery, settlement, and related matters. Final Pretrial Conference set for 11/6/2012 01:30 PM in room #234, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Tim A. Baker., Jury Trial set for 11/13/2012 09:30 AM in room #238, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Tim A. Baker. Signed by Magistrate Judge Tim A. Baker.(MAC)
December 14, 2011 Filing 35 Exhibit List Preliminary, filed by Defendants ABC ASPIRE, LLC, ASSOCIATES IN BEHAVIORAL COUNSELING, P.C., MICHELE BOBERG, TERESA VANNATTA, Counter Claimants ABC ASPIRE, LLC, ABC ASPIRE, LLC, ASSOCIATES IN BEHAVIORAL COUNSELING, P.C., ASSOCIATES IN BEHAVIORAL COUNSELING, P.C., ASSOCIATES IN BEHAVIORAL COUNSELING, P.C., MICHELE BOBERG, TERESA VANNATTA. (Delk, Jason)
December 14, 2011 Filing 34 Witness List Preliminary, filed by Defendants ABC ASPIRE, LLC, ASSOCIATES IN BEHAVIORAL COUNSELING, P.C., MICHELE BOBERG, TERESA VANNATTA, Counter Claimants ABC ASPIRE, LLC, ABC ASPIRE, LLC, ASSOCIATES IN BEHAVIORAL COUNSELING, P.C., ASSOCIATES IN BEHAVIORAL COUNSELING, P.C., ASSOCIATES IN BEHAVIORAL COUNSELING, P.C., MICHELE BOBERG, TERESA VANNATTA. (Delk, Jason)
November 30, 2011 Filing 33 AFFIDAVIT of Service for Summons and Plaintiff's Second Amended Complaint served on Teresa Vannatta and Michele Boberg on November 10, 2011, filed by EZMA M. SMITH. (Attachments: #1 Exhibit Exhibit A: Certified Mail Receipts)(Bowes, Gregory)
November 23, 2011 Filing 32 ANSWER to Defendants' Second Amended Counterclaim, filed by Counter Defendant EZMA M. SMITH. (Bowes, Gregory)
November 10, 2011 Filing 30 ANSWER to #27 Amended Complaint, COUNTERCLAIM against All Plaintiffs, filed by All Defendants.(Delk, Jason)
November 10, 2011 Filing 29 NOTICE of Appearance by Daniel J. Gibson on behalf of Defendants MICHELE BOBERG, TERESA VANNATTA. (Gibson, Daniel)
November 10, 2011 Filing 28 NOTICE of Appearance by Jason R. Delk on behalf of Defendants MICHELE BOBERG, TERESA VANNATTA. (Delk, Jason)
November 9, 2011 Filing 31 Summons Issued as to MICHELE BOBERG, TERESA VANNATTA. (JD)
November 2, 2011 Filing 27 SECOND AMENDED COMPLAINT against All Defendants, filed by EZMA M. SMITH.(SWM)
November 2, 2011 Opinion or Order Filing 26 ORDER granting Pltf's #23 Motion to Amend Complaint to join additional parties. Signed by Magistrate Judge Tim A. Baker on 11/2/2011. (SWM)
October 11, 2011 Filing 25 Exhibit List Preliminary, filed by Plaintiff EZMA M. SMITH. (Bowes, Gregory)
October 11, 2011 Filing 24 Witness List Preliminary, filed by Plaintiff EZMA M. SMITH. (Bowes, Gregory)
October 11, 2011 Filing 23 MOTION to Amend/Correct Complaint to Join Additional Parties, filed by Plaintiff EZMA M. SMITH. (Attachments: #1 Proposed Second Amended Complaint, #2 Text of Proposed Order)(Bowes, Gregory)
September 16, 2011 Filing 22 NOTICE of Appearance by Gregory P. Bowes on behalf of Plaintiff EZMA M. SMITH, Counter Defendants EZMA M. SMITH, EZMA M. SMITH. (Bowes, Gregory)
September 7, 2011 Filing 21 ANSWER to #20 Amended Complaint, COUNTERCLAIM against EZMA M. SMITH, filed by ASSOCIATES IN BEHAVIORAL COUNSELING, P.C., ABC ASPIRE, LLC.(Delk, Jason)
September 1, 2011 Filing 20 AMENDED COMPLAINT Ezma M. Smith against All Defendants, filed by All Plaintiffs. (Attachments: #1 Ezma's First Amended Complaint)(Graves, Garland)
August 29, 2011 Opinion or Order Filing 19 ORDER: CASE MANAGEMENT PLAN APPROVED AS SUBMITTED. Dispositive Motions due by 4/11/2012. Parties appeared by counsel on 8/12/2011, for an Initial Pretrial Conference. Status Conference set for 12/14/2011 10:00 AM in Telephonic before Magistrate Judge Tim A. Baker. Plaintiff shall have until 9/2/2011, to amend the complaint. The amended complaint shall correctly name the Defendant and shall, by stipulation, dismiss Count III, Conversion. The purpose of the 12/14/2011, telephonic status conference is to address case status, settlement, and selection of a trial date. Signed by Magistrate Judge Tim A. Baker on 8/29/2011.(SWM)
August 24, 2011 Filing 18 Smith ANSWER to #11 Answer to ComplaintCounterclaim Associates in Behavioral Counseling, P.C. et al, filed by EZMA M. SMITH.(Graves, Garland)
July 27, 2011 Opinion or Order Filing 17 ORDER REFERRING CASE to Magistrate Judge - This case be referred to the assigned United States Magistrate Judge, The Honorable Tim A. Baker, to conduct all proceedings and order the entry of judgment in accordance with 28 U.S.C. 636(c) and Fed. R. Civ. P. 73. The cause number of this action shall be amended as shown above to reflect the referral of this action to the Magistrate Judge (1:11-cv-610-TAB-TWP). Signed by Judge Tanya Walton Pratt on 7/27/2011.(JD) Modified on 7/28/2011 (JD).
July 26, 2011 Filing 16 CASE MANAGEMENT PLAN TENDERED, filed by ALL PARTIES. (Graves, Garland) Modified on 7/27/2011 (JD).
July 19, 2011 Filing 15 NOTICE of Parties' First Extension of Time to Answer Discovery Request, filed by Plaintiff EZMA M. SMITH. (Graves, Garland) Modified on 7/20/2011 (JD).
July 19, 2011 Filing 14 NOTICE of Parties' First Extension of Time to Answer Counter-Claim, filed by Plaintiff EZMA M. SMITH. (Graves, Garland) Modified on 7/20/2011 (JD).
July 6, 2011 Opinion or Order Filing 13 SCHEDULING ORDER: Initial Pretrial Conference set for 8/12/2011 03:30 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)
June 28, 2011 Filing 12 Corporate Disclosure Statement by ABC ASPIRE, LLC, ASSOCIATES IN BEHAVIORAL COUNSELING, P.C.. (Delk, Jason)
June 28, 2011 Filing 11 Defendants' ANSWER to #1 Complaint, COUNTERCLAIM against EZMA M. SMITH, filed by All Defendants.(Delk, Jason)
June 6, 2011 Filing 10 AFFIDAVIT of Service for Complaint served on Defendants on 5/10/2011, filed by EZMA M. SMITH. (Attachments: #1 Declaration, #2 Return Receipt)(JD) Modified on 6/7/2011 (JD).
May 25, 2011 Filing 9 NOTICE of Appearance by Daniel J. Gibson on behalf of Defendants ABC ASPIRE, LLC, ASSOCIATES IN BEHAVIORAL COUNSELING, P.C.. (Gibson, Daniel)
May 25, 2011 Filing 8 NOTICE of Parties' First Extension of Time, filed by Defendants ABC ASPIRE, LLC, ASSOCIATES IN BEHAVIORAL COUNSELING, P.C.. (Delk, Jason)
May 25, 2011 Filing 7 NOTICE of Appearance by Jason R. Delk on behalf of Defendants ABC ASPIRE, LLC, ASSOCIATES IN BEHAVIORAL COUNSELING, P.C.. (Delk, Jason)
May 6, 2011 Filing 6 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JKS)
May 6, 2011 Filing 5 NOTICE of Appearance by Garland Eugene Graves on behalf of Plaintiff EZMA M. SMITH. (JKS)
May 6, 2011 Filing 4 Summons Issued as to ABC ASPIRE, LLC, and ASSOCIATES IN BEHAVIORAL COUNSELING, P.C. (JKS)
May 6, 2011 Filing 3 RECEIPT #IP023946 in the amount of $ 350.00 (JKS)
May 6, 2011 Filing 2 CIVIL COVER SHEET, filed by Plaintiff EZMA M. SMITH. (JKS)
May 6, 2011 Filing 1 COMPLAINT against ABC ASPIRE, LLC, and ASSOCIATES IN BEHAVIORAL COUNSELING, P.C. with Jury Demand, filed by EZMA M. SMITH. (Attachments: #1 Exhibit A- EEOC Dismissal and Notice of Rights)(JKS)

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Search for this case: SMITH v. ASSOCIATES IN BEHAVIORAL COUNSELING, P.C. et al
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Plaintiff: EZMA M. SMITH
Represented By: Garland Eugene Graves
Represented By: Gregory P. Bowes
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Defendant: ASSOCIATES IN BEHAVIORAL COUNSELING, P.C.
Represented By: Daniel J. Gibson
Represented By: Jason R. Delk
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Defendant: ABC ASPIRE, LLC
Represented By: Daniel J. Gibson
Represented By: Jason R. Delk
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Defendant: TERESA VANNATTA
Represented By: Daniel J. Gibson
Represented By: Jason R. Delk
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Defendant: MICHELE BOBERG
Represented By: Daniel J. Gibson
Represented By: Jason R. Delk
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