EVERLING v. RAGAINS et al
| STEVEN W. EVERLING |
| PATRICK RAGAINS, THOMAS BRODERICK, JAMES NAVE, CARL CALDWELL, CORIN DOBBS, GREG ALLEY, CHARLA HAZEN, COUNTY OF MADISON, CITY OF ANDERSON, CITY OF ELWOOD, JANE DOE, JOHN DOE, HEATHER MCCLAIN and HOLY RENZ |
| 1:2014cv00024 |
| January 9, 2014 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| debra mcVicker lynch |
| Tanya Walton Pratt |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on April 2, 2015. A more recent docket listing may be available from PACER.
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| Filing 93 FINAL JUDGMENT - PURSUANT TO FED. R. CIV. PRO. 58; The Court having this day made its Entry directing dismissal of the two remaining defendants, the Court now enters FINAL JUDGMENT. Judgment is entered in favor of the Defendants and against Plaintiff Steven W. Everling. This action is TERMINATED. Signed by Judge Tanya Walton Pratt on 4/2/2015.(CKM) |
Filing 92
ORDER - granting #90 Motion to Dismiss for Lack of Jurisdiction; Defendant John Doe in the above cause shall be dismissed. Signed by Judge Tanya Walton Pratt on 4/2/2015. (CKM)
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Filing 91
ORDER - granting #89 Motion to Dismiss for Lack of Jurisdiction; Defendant Jane Doe in the above cause shall be dismissed. Signed by Judge Tanya Walton Pratt on 4/2/2015. (CKM)
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| Filing 90 MOTION to Dismiss for Lack of Jurisdiction John Doe, filed by Plaintiff STEVEN W. EVERLING. (Attachments: #1 Text of Proposed Order)(Ali, Zaki) |
| Filing 89 MOTION to Dismiss for Lack of Jurisdiction Jane Doe, filed by Plaintiff STEVEN W. EVERLING. (Attachments: #1 Text of Proposed Order)(Ali, Zaki) |
| Filing 88 ***PLEASE DISREGARD, FILED IN ERROR**MOTION to Dismiss for Lack of Jurisdiction John Doe, filed by Plaintiff STEVEN W. EVERLING. (Attachments: #1 Text of Proposed Order)(Ali, Zaki) Modified on 4/1/2015 (MGG). |
| Filing 87 ***PLEASE DISREGARD, FILED IN ERROR**MOTION to Dismiss for Lack of Jurisdiction Jane Doe, filed by Plaintiff STEVEN W. EVERLING. (Attachments: #1 Text of Proposed Order)(Ali, Zaki) Modified on 4/1/2015 (MGG). |
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Filing 86
NOTICE of Intent to Dismiss Without Prejudice- Mr. Everling is ordered to file an amended complaint which identifies the Doe Defendants and perfect service on these defendants or show good cause for his failure to do so within 14 days of this Order. Failure to do so will result in the Court dismissing without prejudice Defendants Jane Doe and John Doe. Signed by Judge Tanya Walton Pratt on 3/26/2015.(CBU)
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Filing 85
ORDER ON MOTIONS TO DISMISS - This matter is before the Court on Motions to Dismiss filed pursuant to Federal Rule of Civil Procedure 12(b)(6) by Defendants Patrick Ragains ("Mr. Ragains"), Thomas Broderick ("Mr. Broderick"), and Greg Alley ("Mr. Alley")1 (Filing No. #19 ) and by Defendant County of Madison (Filing No. #34 ). Plaintiff Steven W. Everling ("Mr. Everling") filed this action pursuant to 42 U.S.C. 1983, alleging wrongful prosecution and numerous state tort claims. For the following reasons, the Court GRANTS the Motions to Dismiss. **SEE ORDER**. Signed by Judge Tanya Walton Pratt on 3/23/2015. (MGG)
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Filing 84
ORDER granting #77 Motion to Dismiss as to Defendant Corin Dobbs. Signed by Judge Tanya Walton Pratt on 3/20/2015. (CBU)
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Filing 83
ORDER granting #76 Motion to Dismiss as to Defendant Charla Hazen. Signed by Judge Tanya Walton Pratt on 3/20/2015. (CBU)
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Filing 82
ORDER granting #75 Motion to Dismiss as to Defendant James Nave. Signed by Judge Tanya Walton Pratt on 3/20/2015. (CBU)
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| Filing 81 Submission of Proposed Order Corin Dobbs, re #76 MOTION to Dismiss for Lack of Jurisdiction Corin Dobbs, filed by Plaintiff STEVEN W. EVERLING. (Ali, Zaki) |
| Filing 80 Submission of Proposed Order Charla Hazen, re #77 MOTION to Dismiss for Lack of Jurisdiction Charla Hazen, filed by Plaintiff STEVEN W. EVERLING. (Ali, Zaki) |
| Filing 79 Submission of Proposed Order James Nave, re #75 MOTION to Dismiss for Lack of Jurisdiction James Nave, filed by Plaintiff STEVEN W. EVERLING. (Ali, Zaki) |
| Filing 78 **PLEASE DISREGARD, FILED IN ERROR**Submission of Proposed Order James Nave, re #75 MOTION to Dismiss for Lack of Jurisdiction James Nave, filed by Plaintiff STEVEN W. EVERLING. (Ali, Zaki) Modified on 2/24/2015 (MGG). |
| Filing 77 MOTION to Dismiss for Lack of Jurisdiction Charla Hazen, filed by Plaintiff STEVEN W. EVERLING. (Attachments: #1 Text of Proposed Order)(Ali, Zaki) |
| Filing 76 MOTION to Dismiss for Lack of Jurisdiction Corin Dobbs, filed by Plaintiff STEVEN W. EVERLING. (Attachments: #1 Text of Proposed Order)(Ali, Zaki) |
| Filing 75 MOTION to Dismiss for Lack of Jurisdiction James Nave, filed by Plaintiff STEVEN W. EVERLING. (Attachments: #1 Text of Proposed Order)(Ali, Zaki) |
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Filing 74
NOTICE of Intent to Dismiss without prejudice. Plaintiff is ORDERED to perfect service on these Defendants or show good cause for his failure to perfect service within ten (10) days of this Order. Failure to do so will result in the Court dismissing without prejudice Defendants James Nave, Corin Dobbs, and Charla Hazen. Signed by Judge Tanya Walton Pratt on 2/12/2015.(MAC)
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| Filing 73 Witness List , filed by Defendant COUNTY OF MADISON, Exhibit List , filed by Defendant COUNTY OF MADISON. (Hinkle, Matthew) |
| Filing 72 Exhibit List (preliminary), filed by Defendants THOMAS BRODERICK, PATRICK RAGAINS, Witness List (preliminary), filed by Defendants THOMAS BRODERICK, PATRICK RAGAINS. (Arthur, David) |
| Filing 71 Plaintiff's Witness List, filed by Plaintiff STEVEN W. EVERLING. (Ali, Zaki) Modified on 12/9/2014 (MGG). |
| Filing 70 PROCEDURES AND PRACTICES before Judge Tanya Walton Pratt. (MGG) |
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Filing 69
SCHEDULING ORDER - Final Pretrial Conference set for 2/10/2016 at 11:00 AM in room #330, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Tanya Walton Pratt. Jury Trial set for 3/7/2016 at 9:00 AM in room #344, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Tanya Walton Pratt. The final pretrial conference is for attorneys only. At the final pretrial conference, Counsel shall be prepared to discuss the status of the action, including all matters requiring completion preparatory to trial. Signed by Judge Tanya Walton Pratt on 12/1/2014. (MGG)
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| Filing 68 NOTICE of Filing Initial Disclosures by COUNTY OF MADISON (Hinkle, Matthew) |
| Filing 67 REPLY in Support of Motion re #34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant COUNTY OF MADISON. (Voight, Cory) |
| Filing 66 REPLY in Support of Motion re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction , filed by Defendants THOMAS BRODERICK, PATRICK RAGAINS. (Arthur, David) |
| Filing 65 MINUTE ENTRY for proceedings held before Magistrate Judge Debra McVicker Lynch: Initial Pretrial Conference held on 10/3/2014 - The case management plan submitted in this case is approved as modified to include (1) Sec. III E. The parties shall submit (not file) courtesy copies of their respective demand and response at the time of service via email to judgelynchchambers@insd.uscourts.gov. There is no need to follow the email with a hard copy; and (2) the modifications set forth on the approval page (last page) of the document. Signed by Magistrate Judge Debra McVicker Lynch. (REO) |
| Filing 64 RESPONSE in Opposition re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction , #34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Plaintiff STEVEN W. EVERLING. (Ali, Zaki) |
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Filing 63
ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 7/7/2015. Discovery due by 5/7/2015. Signed by Magistrate Judge Debra McVicker Lynch on 10/9/2014.(SWM)
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Filing 62
ORDER granting #58 Motion for the plaintiff to respond to the motions to dismiss within 10 days of the date of this order. Signed by Judge Tanya Walton Pratt on 10/8/2014. (CBU)
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| Filing 61 CERTIFICATE OF SERVICE by STEVEN W. EVERLING re #58 MOTION for Leave to Respond to Defendant's Motions to Dismiss (Ali, Zaki) |
| Filing 60 Submission of Proposed Order , re #58 MOTION for Leave to Respond to Defendant's Motions to Dismiss, filed by Plaintiff STEVEN W. EVERLING. (Ali, Zaki) |
| Filing 59 NOTICE of Appearance by Kent Jameson Perkins on behalf of Defendant COUNTY OF MADISON. (Perkins, Kent) |
| Filing 58 MOTION for Leave to Respond to Defendant's Motions to Dismiss, filed by Plaintiff STEVEN W. EVERLING. (Ali, Zaki) |
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Filing 57
ORDER granting #55 Stipulation of Dismissal with prejudice as to GREG ALLEY. The motion to dismiss filed by Greg Alley #19 is hereby denied as moot. This order does not affect the motion to dismiss as to defendants Ragains or Broderick. Signed by Judge Tanya Walton Pratt on 9/29/2014.(CBU)
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| Filing 56 CASE MANAGEMENT PLAN TENDERED, filed by Defendant COUNTY OF MADISON . (Voight, Cory) |
| Filing 55 STIPULATION of Dismissal as to Greg Alley, with prejudice, filed by Defendant GREG ALLEY. (Attachments: #1 Text of Proposed Order)(Arthur, David) |
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Filing 54
ORDER - denying as moot #43 Motion. Defendants Holly Renz and Heather McClain dismissed. Signed by Judge Tanya Walton Pratt on 9/25/2014. (marginal notation) (CKM)
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Filing 53
DISMISSAL - It is ordered that this cause be and hereby is dismissed only against defendants City of Anderson and Heather McClain, with prejudice, with all other claims against all other defendants to remain, each party bearing his own costs. The City of Anderson and Heather McClain's Motion to Dismiss (Dkt. #38 isDENIED as MOOT. Signed by Judge Tanya Walton Pratt on 9/25/2014.(CKM)
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| Filing 52 DISMISSAL - The court being duly advised, now finds that the Motion #46 should be and is hereby GRANTED. The complaint against Holly Renz be and is hereby DISMISSED with prejudice and Dkt. #28 is terminated as Moot. Signed by Judge Tanya Walton Pratt on 9/25/2014.(CKM) |
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Filing 51
DISMISSAL - It is Ordered that this cause be dismissed only against defendants City of Elwood and Carl Caldwell, with prejudice, with all other claims against all other defendants to remain, each party bearing his own costs. Defendants', City of Elwood and Carl Caldwell, Motion to dismiss dkt. #30 is DENIED AS MOOT. Signed by Judge Tanya Walton Pratt on 9/25/2014.(CKM)
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Filing 50
***DUPLICATIVE ORDER PLEASE DISREGARD***ORDER that the parties Steven Everling and City of Elwood and Carl Caldwell having entered into a stipulation with prejudice with each party bearing his own costs. Defendants' City of Elwood and Carl Caldwell motion to dismiss is DENIED as MOOT. Signed by Judge Tanya Walton Pratt on 9/25/2014.(CBU) Modified on 9/25/2014 (CBU).
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| Filing 49 NOTICE of Appearance by Robert C. Allega on behalf of Defendants GREG ALLEY, THOMAS BRODERICK, PATRICK RAGAINS. (Allega, Robert) |
| Filing 48 STIPULATION of Dismissal , filed by Defendants CITY OF ANDERSON, HEATHER MCCLAIN. (Attachments: #1 Text of Proposed Order of Dismissal)(Overholt, Anthony) |
| Filing 47 NOTICE of Endorsement, filed by Defendant HOLY RENZ, re #46 MOTION to Dismiss Holy Renz With Prejudice. (Smith, Theodore) |
| Filing 46 MOTION to Dismiss Holy Renz With Prejudice, filed by Plaintiff STEVEN W. EVERLING. (Attachments: #1 Text of Proposed Order)(Ali, Zaki) |
| Filing 45 MOTION Stipulation to Dismiss, filed by Plaintiff STEVEN W. EVERLING. (Attachments: #1 Text of Proposed Order)(Ali, Zaki) |
| Filing 44 BRIEF/MEMORANDUM in Support re #43 Joint MOTION To Rule on Motions to Dismiss , filed by Defendants HEATHER MCCLAIN, HOLY RENZ. (Smith, Theodore) |
| Filing 43 Joint MOTION To Rule on Motions to Dismiss, filed by Defendants HEATHER MCCLAIN, HOLY RENZ. (Smith, Theodore) |
| Filing 42 NOTICE of Appearance by Ian L. Stewart on behalf of Defendants CARL CALDWELL, CITY OF ELWOOD. (Stewart, Ian) |
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Filing 41
SCHEDULING ORDER: Initial Pretrial Conference set for 10/3/2014 02:30 PM in room #277, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Debra McVicker Lynch. Read this entire order carefully; it sets out the court's expectations for the conference. Signed by Magistrate Judge Debra McVicker Lynch on 9/2/2014.(SWM)
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Filing 40
ORDER granting #36 Motion to Withdraw Attorney Appearance. Attorney Paul Thomas Belch withdrawn. Signed by Magistrate Judge Debra McVicker Lynch on 8/25/2014. (ADH)
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| Filing 39 BRIEF/MEMORANDUM in Support re #38 MOTION to Dismiss , filed by Defendants CITY OF ANDERSON, HEATHER MCCLAIN. (Overholt, Anthony) |
| Filing 38 MOTION to Dismiss , filed by Defendants CITY OF ANDERSON, HEATHER MCCLAIN. (Overholt, Anthony) |
| Filing 37 NOTICE of Appearance by Anthony W. Overholt on behalf of Defendant HEATHER MCCLAIN. (Overholt, Anthony) |
| Filing 36 MOTION to Withdraw Attorney Appearance , filed by Defendants CARL CALDWELL, CITY OF ELWOOD. (Attachments: #1 Exhibit Order Granting Withdrawal)(Belch, Paul) |
| Filing 35 BRIEF/MEMORANDUM in Support re #34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant COUNTY OF MADISON. (Voight, Cory) |
| Filing 34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant COUNTY OF MADISON. (Attachments: #1 Text of Proposed Order)(Voight, Cory) |
| Filing 33 DEMAND for Trial by Jury, filed by Defendants CARL CALDWELL, CITY OF ELWOOD. (Stephenson, James) |
| Filing 32 NOTICE of Appearance by James S. Stephenson on behalf of Defendants CARL CALDWELL, CITY OF ELWOOD. (Stephenson, James) |
| Filing 31 BRIEF/MEMORANDUM in Support re #30 MOTION MOTION to Dismiss , filed by Defendants CARL CALDWELL, CITY OF ELWOOD. (Belch, Paul) |
| Filing 30 MOTION to Dismiss , filed by Defendants CARL CALDWELL, CITY OF ELWOOD. (Belch, Paul) Modified on 8/19/2014 (MGG). |
| Filing 29 BRIEF/MEMORANDUM in Support re #28 MOTION to Dismiss , filed by Defendant HOLY RENZ. (Smith, Theodore) |
| Filing 28 MOTION to Dismiss , filed by Defendant HOLY RENZ. (Attachments: #1 Text of Proposed Order)(Smith, Theodore) |
| Filing 27 NOTICE of Appearance by Theodore F. Smith, Jr on behalf of Defendant HOLY RENZ. (Smith, Theodore) |
| Filing 26 NOTICE of Parties' First Extension of Time, filed by Defendant CITY OF ANDERSON. (Overholt, Anthony) |
| Filing 25 NOTICE of Appearance by Richard Bruce Walker on behalf of Defendant CITY OF ANDERSON. (Walker, Richard) |
| Filing 24 NOTICE of Appearance by Cory Christian Voight on behalf of Defendant COUNTY OF MADISON. (Voight, Cory) |
| Filing 23 NOTICE of Parties' First Extension of Time, filed by Defendant COUNTY OF MADISON. (Hinkle, Matthew) |
| Filing 22 NOTICE of Appearance by Matthew L. Hinkle on behalf of Defendant COUNTY OF MADISON. (Hinkle, Matthew) |
| Filing 21 NOTICE of failed service on Corin Dobbs, filed by Defendant GREG ALLEY (Arthur, David) |
| Filing 20 BRIEF/MEMORANDUM in Support re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction , filed by Defendants GREG ALLEY, THOMAS BRODERICK, PATRICK RAGAINS. (Arthur, David) |
| Filing 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction , filed by Defendants GREG ALLEY, THOMAS BRODERICK, PATRICK RAGAINS. (Arthur, David) |
| Filing 18 NOTICE of Parties' First Extension of Time, filed by Defendants CARL CALDWELL, CITY OF ELWOOD. (Belch, Paul) |
| Filing 17 Summons Returned Unexecuted by STEVEN W. EVERLING as to CHARLA HAZEN. (Ali, Zaki) |
| Filing 16 NOTICE of Appearance by Paul Thomas Belch on behalf of Defendants CARL CALDWELL, CITY OF ELWOOD. (Belch, Paul) |
| Filing 15 NOTICE of Appearance by Anthony W. Overholt on behalf of Defendant CITY OF ANDERSON. (Overholt, Anthony) |
| Filing 14 NOTICE of Appearance by David A. Arthur on behalf of Defendants GREG ALLEY, THOMAS BRODERICK, PATRICK RAGAINS. (Arthur, David) |
| Filing 13 Summons Returned Unexecuted by STEVEN W. EVERLING as to JAMES NAVE. (Ali, Zaki) |
| Filing 12 RETURN of Personal Service, filed by STEVEN W. EVERLING. COUNTY OF MADISON served on 7/3/2014. (Ali, Zaki) |
| Filing 11 RETURN of Personal Service, filed by STEVEN W. EVERLING. CITY OF ANDERSON served on 7/7/2014. (Ali, Zaki) |
| Filing 10 RETURN of Service, filed by STEVEN W. EVERLING. GREG ALLEY served on 6/27/2014; THOMAS BRODERICK served on 6/27/2014; CARL CALDWELL served on 6/27/2014; CITY OF ELWOOD served on 6/27/2014; CORIN DOBBS served on 6/27/2014; PATRICK RAGAINS served on 6/30/2014. (Ali, Zaki) |
| Filing 9 Summons Issued as to CITY OF ANDERSON. (MGG) |
| Filing 8 Proposed Summons submitted for issuance by the clerk as to CITY OF ANDERSON. (Ali, Zaki) |
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Filing 7
ORDER granting #6 Motion for Extension of Time. The plaintiff is granted an extension of time to and including July 7, 2014, to serve the complaint and summons on the defendants. Signed by Magistrate Judge Debra McVicker Lynch on 6/30/2014. (DW)
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| Filing 6 MOTION for Extension of Time to 07/08/2014 , filed by Plaintiff STEVEN W. EVERLING. (Attachments: #1 Text of Proposed Order)(Ali, Zaki) |
| Filing 5 Summons Issued as to GREG ALLEY, THOMAS BRODERICK, CARL CALDWELL, CITY OF ELWOOD, COUNTY OF MADISON, CORIN DOBBS, CHARLA HAZEN, JAMES NAVE, PATRICK RAGAINS. (MGG) |
| Filing 4 Proposed Summons submitted for issuance by the clerk as to GREG ALLEY, THOMAS BRODERICK, CARL CALDWELL, CITY OF ELWOOD, COUNTY OF MADISON, CORIN DOBBS, CHARLA HAZEN, JAMES NAVE, PATRICK RAGAINS. (Ali, Zaki) |
| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) |
| Filing 2 NOTICE of Appearance by Zaki M. Ali on behalf of Plaintiff STEVEN W. EVERLING. (DJH) |
| Filing 1 COMPLAINT against GREG ALLEY, THOMAS BRODERICK, CARL CALDWELL, CITY OF ANDERSON, CITY OF ELWOOD, COUNTY OF MADISON, CORIN DOBBS, JANE DOE, JOHN DOE, CHARLA HAZEN, JAMES NAVE, PATRICK RAGAINS, HEATHER MCCLAIN, HOLY RENZ filed by STEVEN W. EVERLING. (Filing fee $400, receipt number IP038967) (Attachments: #1 Civil Cover Sheet)(DJH) Modified on 1/13/2014 (MGG). |
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