UPCHURCH v. GOODWILL FOUNDATION OF CENTRAL AND SOUTHERN INDIANA, INC. et al
| DEBRA UPCHURCH |
| GOODWILL INDUSTRIES OF CENTRAL AND SOUTHERN INDIANA, INC., MICHAEL TROTTA, JULIUS DUNBAR and GOODWILL FOUNDATION OF CENTRAL AND SOUTHERN INDIANA, INC. |
| 1:2017cv02595 |
| August 2, 2017 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Mark J Dinsmore |
| Robert L miller |
| Tanya Walton Pratt |
| Civil Rights: Jobs |
| 42 U.S.C. § 1981 Civil Rights |
| Plaintiff |
Docket Report
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Filing 48
ORDER OF DISMISSAL - This matter came before the Court on the Parties' Joint Stipulation of Dismissal, and the Court being duly advised, hereby ORDERS that the above-captioned cause of action be dismissed in its entirety, with prejudice, and with each party to bear its own costs and attorneys' fees. Signed by Judge Robert L. Miller, Jr on 4/17/2018.(BRR)
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Filing 47
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Settlement Conference held on 4/13/2018. Settlement was reached. Therefore, all pending motions are DENIED AS MOOT & all previously ordered dates are VACATED. Parties shall file for a dismissal within 30 days. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 46
STIPULATION of Dismissal (Joint Stipulation of Dismissal with Prejudice), filed by Defendants JULIUS DUNBAR, GOODWILL INDUSTRIES OF CENTRAL AND SOUTHERN INDIANA, INC.. (Attachments: #1 Text of Proposed Order)(McHone, Koryn)
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Filing 45
OPINION AND ORDER granting in part and denying in part Defendants' #24 Partial Motion to Dismiss for Failure to State a Claim. (SEE ORDER). Signed by Judge Robert L. Miller, Jr on 3/27/2018. (JKS)
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Filing 44
UNIFORM STIPULATED PROTECTIVE ORDER #43 Approved as Amended and Entered as an Order of the Court. Signed by Magistrate Judge Mark J. Dinsmore on 3/13/2018.(SWM)
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Filing 43
MOTION for Protective Order , filed by Defendants JULIUS DUNBAR, GOODWILL INDUSTRIES OF CENTRAL AND SOUTHERN INDIANA, INC.. (Attachments: #1 Exhibit 1 - Stipulated Protective Order)(McHone, Koryn)
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Filing 42
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 2/27/2018. Parties discussed status of discovery. Defendants shall respond to Plaintiff's interrogatories, request for production, and request for admissions on or before 3/29/2018; parties may not enlarge that deadline by agreement & should not anticipate enlargement of that deadline by Court. Parties were reminded that liability discovery closes on 6/1/2018 & should not anticipate any enlargement of that deadline. Plaintiff shall serve updated settlement demand on counsel for Defendants on or before 3/7/2018; Defendants shall serve an updated settlement response on or before 4/4/2018. Parties shall send copies of their settlement demand & response to Magistrate Judge at MJDinsmore@insd.uscourts.gov. Parties are directed to re-read & comply with all requirements of Court's order scheduling 4/13/2018 settlement conference. [Dkt. #28 at 1-5.] Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 40
AMENDED SCHEDULING ORDER: At the request of the parties, the Court, sua sponte, hereby RESCHEDULES the telephonic Status Conference currently set for March 5, 2018 at 11:00 a.m. to Tuesday, February 27, 2018 at 12:00 p.m. (Eastern). All other requirements of the Court's order dated January 24, 2018 [Dkt. #37 ] remain in effect. Signed by Magistrate Judge Mark J. Dinsmore on 2/23/2018.(SWM)
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Filing 39
ENTRY STRIKING DISCOVERY: Federal Rule of Civil Procedure 5(d) (1) and Local Rule 26-2 prohibit the filing of discovery materials except when filed in relation to a motion under Fed R. Civ P. 26(c) or 37, in anticipation of use at trial or on appeal, or in response to a court order. Instead, routine discovery must be served on opposing parties using a method described under Fed. R. Civ. P. 5(b)(2). On January 30, 2018, counsel for Plaintiff filed a request for discovery. Therefore, the Court hereby STRIKES Plaintiff's First Request for Admission, Interrogatories and Production of Documents to Defendant Goodwill Industries of Central and Southern Indiana Inc. [Dkt. #38 .] The Clerk is directed to show Dkt. 38 as stricken from the docket. Defendants are not obligated to respond to Plaintiff's discovery requests if such requests were only served by filing them with the Court. If Plaintiff's counsel wishes to serve such discovery, such service must be effected properly under the rules. Signed by Magistrate Judge Mark J. Dinsmore on 1/31/2018.(SWM)
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Filing 38
*** STRICKEN PER ORDER DATED 1/31/2018 *** REQUEST for Admissions, filed by Plaintiff DEBRA UPCHURCH.(Green, F.) Modified on 1/31/2018 (SWM).
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Filing 37
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 1/24/2018. Parties discussed status of & future plans for discovery. Telephonic Status Conference set for 3/5/2018 at 11:00 AM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 35
NOTICE of Reassignment of Case to Judge Robert L. Miller, Jr. Judge Tanya Walton Pratt no longer assigned to the case. Please include the new case number, 17-cv-2595-RLM-MJD, on all future filings in this matter. (HET)
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Filing 34
ORDER REASSIGNING CASE. Clerk is directed to reassign case to Judge Robert L. Miller, Jr. Signed by Judge Jane Magnus-Stinson on 1/16/2018. (JD)
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Filing 33
Preliminary List of Witnesses and Exhibits filed by Plaintiff DEBRA UPCHURCH (Green, F.) Modified on 12/29/2017 (TRG).
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Filing 32
REPLY in Support of Motion re #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Partial Motion to Dismiss) , filed by Defendants JULIUS DUNBAR, GOODWILL INDUSTRIES OF CENTRAL AND SOUTHERN INDIANA, INC.. (McHone, Koryn)
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Filing 31
Exhibit List (Preliminary), filed by Defendants JULIUS DUNBAR, GOODWILL INDUSTRIES OF CENTRAL AND SOUTHERN INDIANA, INC., Witness List (Preliminary), filed by Defendants JULIUS DUNBAR, GOODWILL INDUSTRIES OF CENTRAL AND SOUTHERN INDIANA, INC.. (McHone, Koryn)
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Filing 30
RESPONSE in Opposition re #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Partial Motion to Dismiss) , filed by Plaintiff DEBRA UPCHURCH. (Green, F.)
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Filing 29
ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 6/29/2018. Discovery due by 6/1/2018. *SEE ORDER FOR DEADLINES.* Signed by Magistrate Judge Mark J. Dinsmore on 12/8/2017. (GD)
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Filing 28
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Initial Pretrial Conference held on 12/8/2017. Case Management Plan to be approved by separate order. Telephonic Status Conference set for 1/24/2018 at 4:00 PM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. Settlement Conference set for 4/13/2018 at 9:00 AM (Eastern Time) in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore. *SEE ORDER FOR DEADLINES* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 27
ORDER Regarding Protective Orders. Signed by Magistrate Judge Mark J. Dinsmore on 12/8/2017.(CBU)
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Filing 26
ANSWER to #1 Complaint , filed by JULIUS DUNBAR, GOODWILL INDUSTRIES OF CENTRAL AND SOUTHERN INDIANA, INC..(Pryzbylski, David)
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Filing 25
BRIEF/MEMORANDUM in Support re #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Partial Motion to Dismiss) , filed by Defendants JULIUS DUNBAR, GOODWILL INDUSTRIES OF CENTRAL AND SOUTHERN INDIANA, INC.. (McHone, Koryn)
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Filing 24
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Partial Motion to Dismiss), filed by Defendants JULIUS DUNBAR, GOODWILL INDUSTRIES OF CENTRAL AND SOUTHERN INDIANA, INC.. (Attachments: #1 Text of Proposed Order)(McHone, Koryn)
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Filing 22
CASE MANAGEMENT PLAN TENDERED, filed by Defendants JULIUS DUNBAR, GOODWILL INDUSTRIES OF CENTRAL AND SOUTHERN INDIANA, INC. . (McHone, Koryn)
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Filing 21
DISMISSAL - MICHAEL TROTTA terminated. Signed by Judge Tanya Walton Pratt on 11/7/2017. (MEJ)
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Filing 20
NOTICE OF VOLUNTARY DISMISSAL OF DEFENDANT MICHAEL TROTTA WITHOUT PREJUDICE, filed by Plaintiff DEBRA UPCHURCH (Green, F.)
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Filing 19
ORDER TO SHOW CAUSE: Plaintiff is ordered, by no later than November 15, 2017, to either file proof of service as to putative Defendant Michael Trotta, dismiss putative Defendant Michael Trotta, or show cause why putative Defendant Michael Trotta should not be dismissed for failure of service. See Order for additional information. Signed by Magistrate Judge Mark J. Dinsmore on 11/3/2017.(SWM)
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Filing 18
SCHEDULING ORDER: Initial Pretrial Conference set for 12/8/2017 12:30 PM (Eastern Time) in Telephonic before Magistrate Judge Mark J. Dinsmore. Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. The parties shall file a proposed Case Management Plan ("CMP") no fewer than seven days before the pretrial conference. See Order for additional information. Signed by Magistrate Judge Mark J. Dinsmore on 10/24/2017.(SWM)
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Filing 17
ORDER granting Defendant Goodwill Industries of Central and Southern Indiana, Inc.'s #15 Motion for Extension of Time to File response to complaint to 12/5/2017. No further enlargements will be granted. Signed by Magistrate Judge Mark J. Dinsmore on 10/24/2017. (SWM)
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Filing 16
DISMISSAL - GOODWILL FOUNDATION OF CENTRAL AND SOUTHERN INDIANA, INC. terminated with prejudice. Signed by Judge Tanya Walton Pratt on 10/18/2017. (MEJ)
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Filing 15
Unopposed MOTION for Extension of Time to 12/05/2017 To File an Answer or Other Responsive Pleading, filed by Defendant GOODWILL INDUSTRIES OF CENTRAL AND SOUTHERN INDIANA, INC.. (Attachments: #1 Text of Proposed Order)(McHone, Koryn)
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Filing 14
NOTICE of Parties' First Extension of Time, filed by Defendant JULIUS DUNBAR. (McHone, Koryn)
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Filing 13
NOTICE of Appearance by Koryn Michelle McHone on behalf of Defendant JULIUS DUNBAR. (McHone, Koryn)
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Filing 12
NOTICE of Appearance by David J. Pryzbylski on behalf of Defendant JULIUS DUNBAR. (Pryzbylski, David)
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Filing 11
NOTICE OF VOLUNTARY DISMISSAL OF DEFENDANT GOODWILL FOUNDATION OF CENTRAL AND SOUTHERN INDIANA INC. WITH PREJUDICE, filed by Plaintiff DEBRA UPCHURCH (Green, F.)
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Filing 10
WAIVER OF SERVICE Returned Executed, filed by DEBRA UPCHURCH. JULIUS DUNBAR waiver sent on 9/8/2017. (Green, F.)
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Filing 9
NOTICE of Parties' First Extension of Time, filed by Defendants GOODWILL FOUNDATION OF CENTRAL AND SOUTHERN INDIANA, INC., GOODWILL INDUSTRIES OF CENTRAL AND SOUTHERN INDIANA, INC.. (McHone, Koryn)
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Filing 8
Corporate Disclosure Statement by GOODWILL FOUNDATION OF CENTRAL AND SOUTHERN INDIANA, INC., GOODWILL INDUSTRIES OF CENTRAL AND SOUTHERN INDIANA, INC.. (McHone, Koryn)
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Filing 7
NOTICE of Appearance by Koryn Michelle McHone on behalf of Defendants GOODWILL FOUNDATION OF CENTRAL AND SOUTHERN INDIANA, INC., GOODWILL INDUSTRIES OF CENTRAL AND SOUTHERN INDIANA, INC.. (McHone, Koryn)
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Filing 6
NOTICE of Appearance by David J. Pryzbylski on behalf of Defendants GOODWILL FOUNDATION OF CENTRAL AND SOUTHERN INDIANA, INC., GOODWILL INDUSTRIES OF CENTRAL AND SOUTHERN INDIANA, INC.. (Pryzbylski, David)
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Filing 5
WAIVER OF SERVICE Returned Executed, filed by DEBRA UPCHURCH. GOODWILL FOUNDATION OF CENTRAL AND SOUTHERN INDIANA, INC. waiver sent on 8/2/2017. (Green, F.)
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Filing 4
WAIVER OF SERVICE Returned Executed, filed by DEBRA UPCHURCH. GOODWILL INDUSTRIES OF CENTRAL AND SOUTHERN INDIANA, INC. waiver sent on 8/2/2017. (Green, F.)
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Filing 3
MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (NAD)
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Filing 2
NOTICE of Appearance by F. Harrison Green on behalf of Plaintiff DEBRA UPCHURCH. (Green, F.)
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Filing 1
COMPLAINT WITH JURY DEMAND against All Defendants, filed by DEBRA UPCHURCH. (Filing fee $400, receipt number 0756-4472326) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(Green, F.)
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