BROWN et al v. XTEK INC
| BECKY BROWN and DONALD BROWN |
| XTEK INC |
| 1:2018cv01918 |
| June 22, 2018 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Tim A Baker |
| Tanya Walton Pratt |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on August 30, 2019. A more recent docket listing may be available from PACER.
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Filing 42
ORDER OF DISMISSAL - Plaintiffs, by counsel, and Defendant, by counsel, file their Joint Stipulation of Dismissal with Prejudice. The Court, being duly advised in the premises, now ORDERS, ADJUDGES AND DECREES that this cause should be, and the same is hereby DISMISSED with prejudice. Costs paid. Signed by Judge Tanya Walton Pratt on 8/30/2019.(NAD)
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| Filing 41 STIPULATION of Dismissal , filed by Defendant XTEK INC. (Attachments: #1 Text of Proposed Order of Dismissal)(Belch, Paul) |
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Filing 40
ORDER: The Court has been advised by counsel that a settlement has been reached in this matter. Accordingly, any pending motions are denied, without prejudice, 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 on 8/16/2019.(SWM)
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| Filing 39 Witness List (Final), filed by Defendant XTEK INC, Exhibit List (Final), filed by Defendant XTEK INC. (Belch, Paul) |
| Filing 38 Exhibit List "FINAL", filed by Plaintiffs BECKY BROWN, DONALD BROWN. (Harts, Jared) |
| Filing 37 Witness List "FINAL", filed by Plaintiffs BECKY BROWN, DONALD BROWN. (Harts, Jared) |
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Filing 36
ORDER ON JUNE 26, 2019, SETTLEMENT CONFERENCE - Parties appeared in person and by counsel June 26, 2019, for a settlement conference. Plaintiff's counsel shall notify the Magistrate Judge of Plaintiff's updated settlement position by July 10, 2019. Signed by Magistrate Judge Tim A. Baker. (MGG)
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| Filing 35 Witness List Expert Disclosures, filed by Plaintiffs BECKY BROWN, DONALD BROWN. (Attachments: #1 Exhibit A - Jay Nogan, P.E. Report, #2 Exhibit B - Jay Nogan, P.E. CV, #3 Exhibit C - Jay Nogan, P.E. Testimony List, #4 Exhibit D - Jay Nogan, P.E. Fee Schedule, #5 Exhibit E - Ralph Buschbacher, MD Report)(Harts, Jared) |
| Filing 34 Statement of Defenses by XTEK INC. (Belch, Paul) |
| Filing 33 NOTICE of Filing Statement of Claims by All Plaintiffs (Harts, Jared) |
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Filing 32
ORDER granting Defendant's #31 Motion to Amend Case Management Plan. IT IS THEREFORE ORDERED that the Case Management Plan [Doc. 12] is hereby amended as follows: If a party intends to use expert testimony in connection with a motion for summary judgment to be filed by that party, such expert disclosures must be served on opposing counsel no later than April 8, 2019. Signed by Magistrate Judge Tim A. Baker on 3/8/2019. (SWM)
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| Filing 31 MOTION to Amend/Correct #12 Order: Case ManagementScheduling Order by Extension of Expert Disclosures Deadline in Connection with Summary Judgment (Agreed), filed by Defendant XTEK INC. (Attachments: #1 Text of Proposed Order Amending Case Management Plan by Extension of Expert Disclosures Deadline in Connection with Summary Judgment)(Belch, Paul) |
| Filing 30 TRIAL PROCEDURES AND PRACTICES before Judge Tanya Walton Pratt. (NAD) (Main Document 30 replaced on 2/1/2019) (NAD). |
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Filing 29
SCHEDULING ORDER - Having approved the Case Management Plan as amended, the Court hereby sets the final pretrial conference on January 29, 2020 at 9:00 a.m. in Room 330, and the jury trial to begin on February 24, 2020 at 9:00 a.m. in Courtroom 344, Birch Bayh Federal Building and United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana. 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 prior to trial. Counsel shall review the Court's Courtroom Procedures and Trial Practice. Signed by Judge Tanya Walton Pratt on 2/1/2019. (NAD)
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| Filing 28 ANSWER to #25 Amended Complaint , filed by XTEK INC.(Belch, Paul) |
| Filing 27 Jurisdictional Statement (Supplemental) by All Plaintiffs. (Harts, Jared) |
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Filing 26
ENTRY ON JURISDICTION - It has come to the Court's attention that Plaintiffs' Amended Complaint fails to allege all of the facts necessary to determine whether this Court has subject matter jurisdiction over this case. The Amended Complaint alleges that this Court has jurisdiction based upon diversity of citizenship. However, the Amended Complaint fails to sufficiently allege the citizenship of the parties. Citizenship is the operative consideration for jurisdictional purposes. Therefore, the Plaintiff is ORDERED to file a Supplemental Jurisdictional Statement that establishes the Court's jurisdiction over this case. This statement should specifically identify the citizenship of the parties. This jurisdictional statement is due fourteen (14) days from the date of this Entry. (See Entry.) Signed by Judge Tanya Walton Pratt on 11/27/2018.(NAD) Modified on 11/27/2018 - Edited for administrative purposes(NAD).
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| Filing 25 FIRST AMENDED COMPLAINT for Damages and Jury Demand against XTEK INC, filed by DONALD BROWN and BECKY BROWN (ordered filed this date)(CBU) |
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Filing 24
ORDER granting #21 Motion to Amend the Complaint and it is deemed filed as of the date of this Order. Signed by Magistrate Judge Tim A. Baker on 11/20/2018. (CBU)
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| Filing 23 NOTICE of Service of Plaintiffs' Statement of Special Damages and Demand, filed by Plaintiffs BECKY BROWN, DONALD BROWN (Harts, Jared) |
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Filing 22
ORDER ON NOVEMBER 7, 2018, PRETRIAL CONFERENCE AND - ORDER SETTING SETTLEMENT CONFERENCE AND RELATED DEADLINES- Parties appeared by counsel November 7, 2018, for a pretrial conference. Discussion held regarding discovery, settlement, and related matters. This matter is set for a settlement conference at 9 a.m. on June 26, 2019, room #234, United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana, before Magistrate Judge Tim A. Baker. **SEE ORDER** Signed by Magistrate Judge Tim A. Baker. (MGG)
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| Filing 21 Unopposed MOTION to Amend/Correct Complaint, filed by Plaintiffs BECKY BROWN, DONALD BROWN. (Attachments: #1 Exhibit A - Amended Complaint, #2 Text of Proposed Order Order Granting Unopposed Mtn to Amend Complaint to Clarify Certain Allegations and Add Additional Counts)(Harts, Jared) |
| Filing 20 Witness List (Preliminary), filed by Defendant XTEK INC, Exhibit List (Preliminary), filed by Defendant XTEK INC. (Belch, Paul) |
| Filing 19 Witness List "Preliminary", filed by Plaintiffs BECKY BROWN, DONALD BROWN. (Harts, Jared) |
| Filing 18 Exhibit List "Preliminary", filed by Plaintiffs BECKY BROWN, DONALD BROWN. (Harts, Jared) |
| Filing 17 NOTICE of Service of Initial Disclosures , filed by Defendant XTEK INC. (Belch, Paul) |
| Filing 16 NOTICE of Service of Initial Disclosures , filed by Plaintiffs BECKY BROWN, DONALD BROWN. (Harts, Jared) |
| Filing 15 AMENDED ANSWER, Affirmative Defenses and Request for Jury Trial to Complaint, filed by Defendant XTEK INC. (SWM) |
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Filing 14
ORDER granting Defendant's #13 Motion to Amend Answer. Signed by Magistrate Judge Tim A. Baker on 9/28/2018. (SWM)
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| Filing 13 Unopposed MOTION to Amend/Correct (for Leave to File Amended Answer), filed by Defendant XTEK INC. (Attachments: #1 Exhibit A - Amended Answer, Affirmative Defenses and Request for Jury Trial, #2 Text of Proposed Order Granting Defendant's Motion for Leave to File Amended Answer)(Belch, Paul) |
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Filing 12
ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Parties appeared by counsel on 9/7/2018, for an Initial Pretrial Conference. Dispositive Motions due by 6/5/2019. Discovery due by 5/3/2019. Pretrial Conference set for 11/7/2018 01:30 PM in room #234, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Tim A. Baker. COUNSEL SHALL CONFER IN ADVANCE OF THE NOVEMBER 7, 2018, PRETRIAL CONFERENCE AND BE PREPARED TO FULLY DISCUSS: (1) SETTLEMENT, AND (2) ANY NEEDED CASE MANAGEMENT MODIFICATIONS. Signed by Magistrate Judge Tim A. Baker on 9/12/2018.(SWM)
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| Filing 10 NOTICE of Appearance by Edward R. Reichert on behalf of Plaintiffs BECKY BROWN, DONALD BROWN. (Reichert, Edward) |
| Filing 9 CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs BECKY BROWN, DONALD BROWN . (Harts, Jared) |
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Filing 8
SCHEDULING ORDER: Initial Pretrial Conference set for 9/7/2018 09:00 AM (Eastern Time) in Telephonic before Magistrate Judge Tim A. Baker. Parties shall participate in this conference by counsel. The information needed by counsel of record to participate in this telephonic conference will be provided by separate notification. 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. See Order for additional information. Signed by Magistrate Judge Tim A. Baker on 8/20/2018.(SWM)
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| Filing 7 ANSWER to Complaint (Notice of Removal) with Jury Demand , filed by XTEK INC.(Belch, Paul) |
| Filing 6 Corporate Disclosure Statement by XTEK INC. (Belch, Paul) |
| Filing 5 RESPONSE to Notice of Removal, filed by Plaintiffs BECKY BROWN, DONALD BROWN. (Harts, Jared) |
| Filing 4 Submission of Additional State Court Records received from Marion County Superior Court. (MAC) |
| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) |
| Filing 2 NOTICE of Appearance by Paul Thomas Belch on behalf of Defendant XTEK INC. (Belch, Paul) |
| Filing 1 NOTICE OF REMOVAL from Marion County Superior Court 11, case number 49D111805CT021082, filed by All Defendants. (Filing fee $400, receipt number 0756-4938906) (Attachments: #1 Civil Cover Sheet, #2 State Court Record)(Belch, Paul) |
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