OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATION et al v. HOLCOMB et al
MARK ELROD, B. L. REEVER TRANSPORT, INC., CHUTKA TRUCKING LLC and OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATIONS, INC. |
ITR CONCESSION COMPANY LLC, JOE MCGUINNESS, RUDY YAKYM, III, HARRY F. MCNAUGHT, JR., THE INDIANA FINANCE AUTHORITY, ERIC HOLCOMB, KELLY MITCHELL, MICAH G. VINCENT, DAN HUGE and OWEN B. MELTON, JR. |
1:2019cv00086 |
January 9, 2019 |
US District Court for the Southern District of Indiana |
Mark J Dinsmore |
Richard L Young |
Civil Rights: Other |
42 U.S.C. § 1983 |
None |
Docket Report
This docket was last retrieved on March 10, 2020. A more recent docket listing may be available from PACER.
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Filing 56 Parties' Joint Proposed CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs B. L. REEVER TRANSPORT, INC., CHUTKA TRUCKING LLC, MARK ELROD, OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATIONS, INC. . (Attachments: #1 Supplement ESI Supplement)(Limrick, Michael) |
Filing 54 Joint MOTION for Oral Argument, filed by Defendant ITR CONCESSION COMPANY LLC. (Attachments: #1 Text of Proposed Order Granting Defendants' Motion for Oral Argument)(Estrada, Miguel) |
Filing 53 BRIEF/MEMORANDUM in Support re #52 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant ITR CONCESSION COMPANY LLC. (Estrada, Miguel) |
Filing 52 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant ITR CONCESSION COMPANY LLC. (Estrada, Miguel) |
Filing 51 ORDER withdrawing Defendants' #47 Joint Motion for Leave to File Single Oversized Brief in Support of Motion to Dismiss; granting Defendants' #48 Motion to Withdraw Dkt. Number 47. Signed by Magistrate Judge Mark J. Dinsmore on 3/1/2019. (SWM) |
Filing 50 ORDER granting #49 Motion for Leave to File. Defendants are permitted to file an oversized brief in support of their Joint Motion to Dismiss, not to exceed 45 pages. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore on 3/1/2019. (GD) |
Filing 49 Unopposed MOTION for Leave to File Single Oversized Brief in Support of Motion to Dismiss, filed by Defendant ITR CONCESSION COMPANY LLC. (Attachments: #1 Text of Proposed Order Order Granting Defendants' Unopposed Joint Motion)(Ricchiuto, Anne) |
Filing 48 MOTION to Withdraw #47 Joint MOTION for Leave to File Single Oversized Brief in Support of Motion to Dismiss , filed by Defendant ITR CONCESSION COMPANY LLC. (Attachments: #1 Text of Proposed Order Order Granting Motion to Withdraw Filing)(Ricchiuto, Anne) |
Filing 47 *** WITHDRAWN PER ORDER DATED 3/1/2019 (Dkt. Number #51 *** Joint MOTION for Leave to File Single Oversized Brief in Support of Motion to Dismiss, filed by Defendant ITR CONCESSION COMPANY LLC. (Attachments: #1 Text of Proposed Order Order Granting Joint Motion)(Ricchiuto, Anne) Modified on 3/4/2019 (SWM). |
Filing 46 ORDER granting #44 Motion to Appear pro hac vice. Attorney Daniel E. Cohen for B. L. REEVER TRANSPORT, INC., CHUTKA TRUCKING LLC, MARK ELROD and OWNER- OPERATOR INDEPENDENT DRIVERS ASSOCIATIONS, INC. added. If not already registered with the Court's Electronic Filing System, Daniel E. Cohen is ordered to register within ten (10) days of the entry of this order. Copy to Daniel E. Cohen via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 2/15/2019. (SWM) |
Filing 45 ORDER granting #43 Motion to Appear pro hac vice. Attorney Genevieve O. Fontan for B. L. REEVER TRANSPORT, INC., CHUTKA TRUCKING LLC, MARK ELROD and OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATIONS, INC. added. If not already registered with the Court's Electronic Filing System, Genevieve O. Fontan is ordered to register within ten (10) days of the entry of this order. Copy to Genevieve O. Fontan via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 2/15/2019. (SWM) |
Filing 44 MOTION for Attorney(s) Daniel E. Cohen to Appear pro hac vice (Filing fee $100, receipt number 0756-5287931), filed by Plaintiffs B. L. REEVER TRANSPORT, INC., CHUTKA TRUCKING LLC, MARK ELROD, OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATIONS, INC.. (Attachments: #1 Exhibit A - Certification of Daniel E. Cohen, #2 Text of Proposed Order ORDER Granting Motion to Appear Pro Hac Vice)(Limrick, Michael) |
Filing 43 MOTION for Attorney(s) GENEVIEVE O. FONTAN to Appear pro hac vice (Filing fee $100, receipt number 0756-5287918), filed by Plaintiffs B. L. REEVER TRANSPORT, INC., CHUTKA TRUCKING LLC, MARK ELROD, OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATIONS, INC.. (Attachments: #1 Exhibit A - Certification of Genevieve O. Fontan, #2 Text of Proposed Order ORDER Granting Motion to Appear Pro Hac Vice)(Limrick, Michael) |
Filing 42 NOTICE of Appearance by John R. Maley on behalf of Defendants DAN HUGE, HARRY F. MCNAUGHT, JR, OWEN B. MELTON, JR, KELLY MITCHELL, THE INDIANA FINANCE AUTHORITY, MICAH G. VINCENT, RUDY YAKYM, III. (Maley, John) |
Filing 41 ORDER granting in part and denying in part Plaintiffs' #40 Motion to Reset Scheduling Order Deadlines. The Court hereby DENIES Plaintiffs' request to continue the initial pretrial conference; the initial pretrial conference set for March 11, 2019 at 4:00 p.m. (Eastern) shall proceed as scheduled, and the parties shall comply with the deadlines as set forth in the Court's Scheduling Order. [Dkt. #39 .] However, the Court hereby GRANTS Plaintiffs' request for additional time to file a proposed Case Management Plan; the parties shall file a proposed Case Management Plan by no later than March 7, 2019. In all other respects, the motion is DENIED. Signed by Magistrate Judge Mark J. Dinsmore on 2/8/2019. (MAC) |
Filing 40 Unopposed MOTION TO RESET SCHEDULING ORDER DEADLINES, filed by Plaintiffs B. L. REEVER TRANSPORT, INC., CHUTKA TRUCKING LLC, MARK ELROD, OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATIONS, INC.. (Attachments: #1 Text of Proposed Order GRANTING UNOPPOSED MOTION TO RESET SCHEDULING ORDER DEADLINES)(Limrick, Michael) |
Filing 39 SCHEDULING ORDER: Telephonic Initial Pretrial Conference set for 3/11/2019 at 4:00 PM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. Counsel shall attend the conference by calling the designated telephone number, to be provided 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 in the format set forth in the model CMP found on the Court's website (www.insd.uscourts.gov). Section III(A) through (E) of the proposed CMP shall include the following deadlines as set forth. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore on 1/31/19. (GD) |
Filing 38 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Zachary D. Price hereby notifies the Clerk of the court of changed contact information. (Price, Zachary) |
Filing 37 ORDER granting Defendants' #32 Motion for Extension of Time to File response to complaint. All Defendants shall respond to Plaintiffs' complaint on or before March 4, 2019. No further enlargement of this deadline is anticipated. Signed by Magistrate Judge Mark J. Dinsmore on 1/30/2019. (SWM) |
Filing 36 ORDER granting #30 Motion to Appear pro hac vice. Attorney Katherine L. Quiniola for B. L. REEVER TRANSPORT, INC., CHUTKA TRUCKING LLC, MARK ELROD, OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATIONS, INC. added. Signed by Magistrate Judge Mark J. Dinsmore on 1/30/2019 (dist made) (CBU) |
Filing 35 ORDER granting #27 Motion to Appear pro hac vice. Attorney Matt Gregory for ITR CONCESSION COMPANY LLC added. Signed by Magistrate Judge Mark J. Dinsmore on 1/30/2019 (dist made) (CBU) |
Filing 34 ORDER granting #26 Motion to Appear pro hac vice. Attorney Matthew S. Rozen for ITR CONCESSION COMPANY LLC added. Signed by Magistrate Judge Mark J. Dinsmore on 1/30/2019 (dist made) (CBU) |
Filing 33 ORDER granting #25 Motion to Appear pro hac vice. Attorney Miguel A. Estrada for ITR CONCESSION COMPANY LLC added. Signed by Magistrate Judge Mark J. Dinsmore on 1/30/2019 (dist made) (CBU) |
Filing 32 Joint MOTION for Extension of Time to March 4, 2019 , filed by Defendants ERIC HOLCOMB, JOE MCGUINNESS. (Attachments: #1 Text of Proposed Order)(Price, Zachary) |
Filing 31 NOTICE of Appearance by Thomas M. Fisher on behalf of Defendants ERIC HOLCOMB, JOE MCGUINNESS. (Fisher, Thomas) |
Filing 30 AMENDED MOTION for Attorney(s) KATHERINE L. QUINIOLA to Appear pro hac vice (Pro Hac Filing fee of $100 VOIDED, receipt number 0756-5260615, filing fee paid at DKT. 12), filed by Plaintiffs B. L. REEVER TRANSPORT, INC., CHUTKA TRUCKING LLC, MARK ELROD, OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATIONS, INC.. (Attachments: #1 Exhibit A - [Corrected] Certification of Quiniola, #2 Text of Proposed Order ORDER Granting Motion to Appear Pro Hac Vice)(Limrick, Michael) Modified on 1/29/2019 (NLR). |
Filing 29 NOTICE of Appearance by Zachary D. Price on behalf of Defendants ERIC HOLCOMB, JOE MCGUINNESS. (Price, Zachary) |
Filing 28 NOTICE of Appearance by Jefferson S. Garn on behalf of Defendants ERIC HOLCOMB, JOE MCGUINNESS. (Garn, Jefferson) |
Filing 27 MOTION for Attorney(s) Matt Gregory to Appear pro hac vice (Filing fee $100, receipt number 0756-5259932), filed by Defendant ITR CONCESSION COMPANY LLC. (Attachments: #1 Exhibit A - Certification of Matt Gregory, #2 Text of Proposed Order)(Ricchiuto, Anne) |
Filing 26 MOTION for Attorney(s) Matthew S. Rozen to Appear pro hac vice (Filing fee $100, receipt number 0756-5259919), filed by Defendant ITR CONCESSION COMPANY LLC. (Attachments: #1 Exhibit A - Certification of Matthew S. Rozen, #2 Text of Proposed Order)(Ricchiuto, Anne) |
Filing 25 MOTION for Attorney(s) Miguel A. Estrada to Appear pro hac vice (Filing fee $100, receipt number 0756-5259884), filed by Defendant ITR CONCESSION COMPANY LLC. (Attachments: #1 Exhibit A - Certification of Meguel A. Estrada, #2 Text of Proposed Order)(Ricchiuto, Anne) |
Filing 24 Corporate Disclosure Statement by ITR CONCESSION COMPANY LLC. (Ricchiuto, Anne) |
Filing 23 NOTICE of Appearance by Mark Jason Crandley on behalf of Defendants DAN HUGE, HARRY F. MCNAUGHT, JR, OWEN B. MELTON, JR, KELLY MITCHELL, THE INDIANA FINANCE AUTHORITY, MICAH G. VINCENT, RUDY YAKYM, III. (Crandley, Mark) |
Filing 22 NOTICE of Appearance by Stephanie L. Boxell on behalf of Defendant ITR CONCESSION COMPANY LLC. (Boxell, Stephanie) |
Filing 21 NOTICE of Appearance by Anne Kramer Ricchiuto on behalf of Defendant ITR CONCESSION COMPANY LLC. (Ricchiuto, Anne) |
Filing 20 NOTICE of Appearance by Anthony Scott Chinn on behalf of Defendant ITR CONCESSION COMPANY LLC. (Chinn, Anthony) |
Filing 19 ORDER granting #13 Motion to Appear pro hac vice. Attorney Charles R. Stinson for B. L. REEVER TRANSPORT, INC., CHUTKA TRUCKING LLC, MARK ELROD and OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATIONS, INC. added. If not already registered with the Court's Electronic Filing System, Charles R. Stinson is ordered to register within ten (10) days of the entry of this order. Copy to Charles R. Stinson via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 1/18/2019. (SWM) |
Filing 18 ORDER ON MOTION TO APPEAR PRO HAC VICE: This cause comes before the Court upon the motion for Katherine L. Quiniola to appear and participate pro hac vice as counsel for Plaintiffs in the above-captioned cause only. [Dkt. #12 .] The Court notes that neither the Virginia State Bar nor the Virginia Supreme Court appear to have record of Ms. Quiniola's admission to practice law in the State of Virginia. Accordingly, on or before February 1, 2019, Ms. Quiniola is ordered to file in this matter either a Certificate of Good Standing with the Virginia State Bar or an amended motion to appear pro hac vice with a corrected verified certification. Copy to Katherine L. Quiniola via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 1/18/2019.(SWM) |
Filing 17 ORDER granting #11 Motion to Appear pro hac vice. Attorney Kathleen B. Havener for B. L. REEVER TRANSPORT, INC., CHUTKA TRUCKING LLC, MARK ELROD and OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATIONS, INC. added. If not already registered with the Court's Electronic Filing System, Kathleen B. Havener is ordered to register within ten (10) days of the entry of this order . Copy to Kathleen B. Havener via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 1/18/2019. (SWM) Modified on 1/22/2019 (SWM). |
Filing 16 ORDER granting #10 Motion to Appear pro hac vice. Attorney Paul D. Cullen, Jr for OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATIONS, INC., CHUTKA TRUCKING LLC, MARK ELROD and B. L. REEVER TRANSPORT, INC. added. If not already registered with the Court's Electronic Filing System, Paul D. Cullen, Jr is ordered to register within ten (10) days of the entry of this order. Copy to Paul D. Cullen, Jr. via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 1/18/2019. (SWM) |
Filing 15 ORDER granting #9 Motion to Appear pro hac vice. Attorney Paul Damien Cullen, Sr for OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATIONS, INC., CHUTKA TRUCKING LLC, MARK ELROD and B. L. REEVER TRANSPORT, INC., added. Signed by Magistrate Judge Mark J. Dinsmore on 1/18/2019. (SWM) |
Filing 14 NOTICE OF SERVICE, filed by Plaintiffs B. L. REEVER TRANSPORT, INC., CHUTKA TRUCKING LLC, MARK ELROD, OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATIONS, INC., re #4 Corporate Disclosure Statement, #5 Corporate Disclosure Statement, #3 Corporate Disclosure Statement, #6 Notice of Appearance, #1 Complaint, #2 Notice of Appearance, #7 Summons Issued. (Floyd, Riley) |
Filing 13 MOTION for Attorney(s) Charles R. Stinson to Appear pro hac vice (Filing fee $100, receipt number 0756-5235623), filed by Plaintiffs B. L. REEVER TRANSPORT, INC., CHUTKA TRUCKING LLC, MARK ELROD, OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATIONS, INC.. (Attachments: #1 Exhibit A - Certificate of Charles R. Stinson, #2 Text of Proposed Order ORDER Granting Motion to Appear Pro Hac Vice)(Limrick, Michael) |
Filing 12 MOTION for Attorney(s) Katherine L. Quiniola to Appear pro hac vice (Filing fee $100, receipt number 0756-5235603), filed by Plaintiffs B. L. REEVER TRANSPORT, INC., CHUTKA TRUCKING LLC, MARK ELROD, OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATIONS, INC.. (Attachments: #1 Exhibit A - Certification of Katherine L. Quiniola, #2 Text of Proposed Order ORDER Granting Motion to Appear Pro Hac Vice)(Limrick, Michael) |
Filing 11 MOTION for Attorney(s) Kathleen B. Havener to Appear pro hac vice (Filing fee $100, receipt number 0756-5235572), filed by Plaintiffs B. L. REEVER TRANSPORT, INC., CHUTKA TRUCKING LLC, MARK ELROD, OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATIONS, INC.. (Attachments: #1 Exhibit A - Certificate of Kathleen B. Havener, #2 Text of Proposed Order ORDER Granting Motion to Appear Pro Hac Vice)(Limrick, Michael) |
Filing 10 MOTION for Attorney(s) Paul D. Cullen, Jr. to Appear pro hac vice (Filing fee $100, receipt number 0756-5235546), filed by Plaintiffs B. L. REEVER TRANSPORT, INC., CHUTKA TRUCKING LLC, MARK ELROD, OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATIONS, INC.. (Attachments: #1 Exhibit A - Certificate of Paul D. Cullen, Jr., #2 Text of Proposed Order ORDER Granting Motion to Appear Pro Hac Vice)(Limrick, Michael) |
Filing 9 MOTION for Attorney(s) Paul D. Cullen, Sr. to Appear pro hac vice (Filing fee $100, receipt number 0756-5235504), filed by Plaintiffs B. L. REEVER TRANSPORT, INC., CHUTKA TRUCKING LLC, MARK ELROD, OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATIONS, INC.. (Attachments: #1 Exhibit A - Certification of Paul D. Cullen, Sr., #2 Text of Proposed Order ORDER Granting Motion to Appear Pro Hac Vice)(Limrick, Michael) |
Filing 8 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JRB) |
Filing 7 Summons Issued as to ERIC HOLCOMB, DAN HUGE, ITR CONCESSION COMPANY LLC, JOE MCGUINNESS, HARRY F. MCNAUGHT, JR, OWEN B. MELTON, JR, KELLY MITCHELL, OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATIONS, INC., THE INDIANA FINANCE AUTHORITY, MICAH G. VINCENT, RUDY YAKYM, III. (JRB) |
Filing 6 NOTICE of Appearance by Riley H. Floyd on behalf of Plaintiffs B. L. REEVER TRANSPORT, INC., CHUTKA TRUCKING LLC, MARK ELROD, OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATION. (Floyd, Riley) |
Filing 5 Corporate Disclosure Statement by OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATION. (Limrick, Michael) |
Filing 4 Corporate Disclosure Statement by CHUTKA TRUCKING LLC. (Limrick, Michael) |
Filing 3 Corporate Disclosure Statement by B. L. REEVER TRANSPORT, INC.. (Limrick, Michael) |
Filing 2 NOTICE of Appearance by Michael R. Limrick on behalf of Plaintiffs B. L. REEVER TRANSPORT, INC., CHUTKA TRUCKING LLC, MARK ELROD, OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATION. (Limrick, Michael) |
Filing 1 COMPLAINT against All Defendants, filed by All Plaintiffs. (Filing fee $400, receipt number 0756-5229564) (Attachments: #1 Exhibit 1 - Amended and Restated Concession Agreement, #2 Exhibit 2 - Amended Lease, #3 Civil Cover Sheet, #4 Proposed Summons)(Limrick, Michael) |
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