LESER v. INDIANAPOLIS PUBLIC SCHOOLS et al
| DEBORAH L LESER |
| DIANE ARNOLD, KELLY BENTLEY, BOARD OF SCHOOL COMMISSIONERS FOR THE CITY OF INDIANAPOLIS, GAYLE COSBY, LANIER ECHOLS, INDIANAPOLIS PUBLIC SCHOOLS, MICHAEL O'CONNOR, SAM ODLE and MARY ANN SULLIVAN |
| 1:2016cv02044 |
| July 29, 2016 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Denise K. LaRue |
| Tanya Walton Pratt |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
233
ORDER ADOPTING REPORT AND RECOMMENDATIONS - The Magistrate Judge submitted her Report and Recommendation on Sanctions (Dkt. 227 ).The Plaintiff's Request for Sanctions (Dkt. 151 ) is GRANTED IN PART and DENIED IN PART. The Plaintiff, pursua nt to Rule 37(c)(1)(A), should be awarded her reasonable attorneys' fees and expenses incurred in having to brief and catalog the privilege log issues between the time period of March 19, 2019 and April 2, 2019, as detailed in the Report and Recommendation. These fees and expenses should not include the costs associated with bringing Plaintiff's Motion to Compel (Dkt. 151 ) or preparing for oral argument on April 8, 2019. The Plaintiff should file a motion with this Court outlining her attorney time and fees and any other expenses incurred, along with any justification for the reasonableness of the monetary calculation. Signed by Judge Tanya Walton Pratt on 5/30/2019. (NAD)
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Filing
229
ORDER granting in part and denying in part Defendant Public Schools' 214 MOTION to Compel and Request for Attorney Fees. The Plaintiff shall have until Friday, May 17, 2019 by which to respond fully to the Defendant's discovery requests, with the limitations as described above. The Defendant's request for attorneys' fees shall be addressed via separate order. See Order for additional information. Signed by Magistrate Judge Doris L. Pryor on 5/13/2019.(SWM)
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Filing
228
ORDER granting in part and denying in part Plaintiff's 220 Motion to Compel. See Order. The Defendants shall have until Tuesday, May 14, 2019 by which to file a supplemental brief that demonstrates, with specificity, the good cause necessary to maintain the remaining challenged documents as confidential. If the Defendants choose not to file a brief, the confidential designation will be removed from documents listed in Exhibit 1 to the Plaintiff's Motion that have not already been produced as non-confidential. Signed by Magistrate Judge Doris L. Pryor on 5/10/2019. (SWM)
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Filing
121
ORDER-The Court overrules in part and sustains in part Defendants' objections to the Magistrate Judge's decision 109 . Under Rule 72(a), the Court MODIFIES the Magistrate Judge's Order on Plaintiff's Motion to Amend Complaint, a s to Dabney only. Leser's Motion for Leave to File Amended Complaint 66 is GRANTED as to adding Defendants Dr. Ferebee, Dr. Legrand, Hester, and Boler and it is DENIED as to Dabney, and she is dismissed from the lawsuit with prejudice. The Clerk is directed to terminate Dabney as a defendant. The order grants 110 Motion for Extension of Time to File a responsive pleading within fourteen (14) days from the date of this Order. Signed by Judge Tanya Walton Pratt on 8/8/2018. (CBU)
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Filing
49
ENTRY ON MOTION TO DISMISS AND OTHER PENDING MOTIONS - The Court GRANTS in part and DENIES in part Defendants' Motion to Dismiss (Filing No. 15 ). Leser's claims are ripe for review and dismissal for lack of subject matter jurisdiction pur suant to Rule 12(b)(1) is not warranted. A motion to dismiss pursuant to Rule 12(b)(6) does not test whether the plaintiff will prevail on the merits but instead whether the claimant has properly stated a claim. See Scheuer v. Rhodes, 416 U.S. 232, 2 36 (1974). The Court grants dismissal of Leser's claim that Defendant's violated her Garrity rights. All other claims have survived the initial hurdle of a motion to dismiss. In addition, the Court DENIES Leser's Motion for Leave to File Surreply (Filing No. 42 ), and DENIES Leser's Motion for Attorney's Fees (Filing No. 43 ). See Entry for details. Signed by Judge Tanya Walton Pratt on 7/28/2017. (MAT)
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