MAPES et al v. HATCHER REAL ESTATE
| ERIC J. MAPES and JENELLE M. KELLY-MAPES |
| HATCHER REAL ESTATE |
| 1:2019cv02162 |
| May 30, 2019 |
| US District Court for the Southern District of Indiana |
| Mark J Dinsmore |
| Tanya Walton Pratt |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on July 21, 2020. A more recent docket listing may be available from PACER.
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| Filing 23 NOTICE OF Motion and Notice of Appeal, filed by Plaintiffs JENELLE M. KELLY-MAPES, ERIC J. MAPES (Attachments: #1 Exhibit Official Receipt, #2 Exhibit O - Case No. 19A-SC-01566) (NAD) |
| Filing 22 One flash drive received re #21 NOTICE of Manual Filing, filed by Plaintiffs JENELLE M. KELLY-MAPES, ERIC J. MAPES (NAD) (NAD) |
| Filing 21 NOTICE of Manual Filing, filed by Plaintiffs JENELLE M. KELLY-MAPES, ERIC J. MAPES (NAD) |
| Filing 20 Notice of Motion and MOTION to Reconsider re #10 Order on Motion to Appoint CounselOrder on Motion for Preliminary Injunction, filed by Plaintiffs JENELLE M. KELLY-MAPES, ERIC J. MAPES. (NAD) |
| Filing 19 Submission of Notice of Motion and Motion to Amend Complaint (Duplicate of Dkt. 17), filed by Plaintiffs JENELLE M. KELLY-MAPES, ERIC J. MAPES. (Attachments: #1 Exhibit Exhibit Letters re lease agreement and Health Department reinspection, #2 Envelope)(NAD) |
Filing 18
MARIGNAL ENTRY - Plaintiff's motion to amend Complaint is granted. The Amended Complaint attached to the motion is deemed filed as of the date of this Order. The Amended Complaint will be screened in a separate entry. Copy to Plaintiffs' via US Mail. Signed by Judge Tanya Walton Pratt on 7/3/2019. (NAD)
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| Filing 17 MOTION to Amend/Correct #1 Complaint, filed by Plaintiffs JENELLE M. KELLY-MAPES, ERIC J. MAPES. (Attachments: #1 Exhibit Letters re lease agreement and Health Department reinspection, #2 Exhibit Receipt)(NAD) |
| Filing 16 ENTRY ON PLAINTIFFS' MOTIONS - For the reasons explained above, the "Plaintiffs' Emergent Notice of Motion and Emergent Motion to Amend" (Filing No. #13 ) is DENIED, "Plaintiffs' Notice of Emergent Motion and Emergent Motion to Change Judge" (Filing No. #14 ) is DENIED, and "Plaintiffs' Notice of Emergent Motion and Emergent Declaration" (Filing No. #15 ) is TERMINATED. The Plaintiffs are again directed to file their amended complaint no later than Monday, July 15, 2019. The clerk is directed to include a Non- Prisoner Complaint form. Copies to Plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 6/21/2019. (NAD) |
| Filing 15 Notice of Emergent MOTION and Emergent Declaration, filed by Plaintiffs JENELLE M. KELLY-MAPES, ERIC J. MAPES. (NAD) |
| Filing 14 Notice of Emergent MOTION and Emergent Motion to Change Judge, filed by Plaintiffs JENELLE M. KELLY-MAPES, ERIC J. MAPES. (NAD) |
| Filing 13 Emergent Notice of Motion and Emergent Motion to Amend #1 Complaint, filed by Plaintiffs JENELLE M. KELLY-MAPES, ERIC J. MAPES. (NAD) |
| Filing 12 ENTRY ON PLAINTIFFS' #11 MOTION FOR RECONSIDERATION - For the reasons stated above, Plaintiffs' Motion for Reconsideration (Filing No. #11 ) is denied. The Plaintiffs are encouraged to file an amended complaint so that the Court may determine whether it has subject-matter jurisdiction over the case. While the Plaintiffs' initial filings sporadically mention the Americans with Disabilities Act and the Federal Fair Housing Act, the 105 pages spread over 11 filings contain copious amounts of extraneous facts, and irrelevant quotations and citations to case law, statutes, the Constitution, and assorted regulatory materials. This material in combination with the disorganized nature of the factual allegations make it extremely difficult to ascertain the factual and legal bases for the Plaintiffs' claim. Thus, the Plaintiffs' amended complaint should contain "a short and plain statement of the claim showing that [they are] entitled to relief...," which is sufficient to provide the defendants with "fair notice" of the claim and its basis. The amended complaint should allow the Court and the Defendants to connect the facts to the legal bases to the relief sought. While the Court has given the Plaintiffs through Monday, July 15, 2019, to file an amended complaint, they may certainly file their amended complaint before that deadline given the emergent needs expressed in their filings. (See Entry.) Copy to Plaintiffs' via US Mail. Signed by Judge Tanya Walton Pratt on 6/17/2019. (NAD) |
| Filing 11 "Emergent" Notice of Motion and "Emergent" MOTION for Reconsideration re #7 Order on Motion for Leave to Proceed in forma pauperis, #10 Order on Motion to Appoint CounselOrder on Motion for Preliminary Injunction, filed by Plaintiffs JENELLE M. KELLY-MAPES, ERIC J. MAPES. (NAD) |
| Filing 10 ENTRY ON PLAINTIFFS' #8 MOTION FOR PRELIMINARY INJUNCTION AND #6 MOTION FOR ASSISTANCE WITH RECRUITING COUNSEL. For the reasons stated above, the Plaintiffs' Motion for Preliminary Injunction (Dkt. #8 ) is denied without prejudice and Plaintiffs Motion for Assistance with Recruiting Counsel (Dkt. #6 ) is also denied without prejudice. Both of these motions are filed prematurely. If this action is allowed to remain in federal court, at that time, the Plaintiffs may re-file the two motions and the Court will make the analysis to determine whether assistance in recruiting counsel should be granted and it will be able to address the motion for preliminary injunction. (See Entry.) Copies mailed to Plaintiffs' via US Mail. Signed by Judge Tanya Walton Pratt on 6/13/2019. (NAD) |
| Filing 9 BRIEF/MEMORANDUM in Support re #8 MOTION for Preliminary Injunction, filed by Plaintiffs JENELLE M. KELLY-MAPES, ERIC J. MAPES. (NAD) |
| Filing 8 MOTION for Preliminary Injunction, filed by Plaintiffs JENELLE M. KELLY-MAPES, ERIC J. MAPES. (Attachments: #1 Cover Page)(NAD) |
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Filing 7
ENTRY - GRANTING #3 MOTION TO PROCEED IN FORMA PAUPERIS, SCREENING AND ORDER TO FILE AMENDED COMPLAINT. For the reasons stated above, Plaintiffs' Motion to Proceed in Forma Pauperis (Filing No. #3 ) is GRANTED. Having screened the Complaint, the Court determines that Plaintiffs shall have through Monday, July 15, 2019, to file an amended complaint that complies with Federal Rule of Civil Procedure 8(a)(2) and that asserts their claims against the Real Estate Defendants. If no amended complaint is filed by that date, this action may be subject to dismissal for failing to state a claim upon which relief may be granted. (See Entry.) Copy to Plaintiff's via US Mail. Signed by Judge Tanya Walton Pratt on 6/11/2019. (NAD)
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| Filing 6 MOTION for Assistance with Recruiting Counsel "ADA Accommodation Request", filed by Plaintiffs JENELLE M. KELLY-MAPES, ERIC J. MAPES. (Attachments: #1 Envelope)(NAD) |
| Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) |
| Filing 2 BRIEF/MEMORANDUM in Support, re #1 Complaint, filed by Plaintiffs JENELLE M. KELLY-MAPES, ERIC J. MAPES. (REO) (Additional attachment(s) added on 5/31/2019: #1 Envelope) (REO). |
| Filing 1 COMPLAINT against HATCHER REAL ESTATE, filed by ERIC J. MAPES, JENELLE M. KELLY-MAPES. (No fee paid with this filing) (Attachments: #1 Standard Residential Lease, #2 Therapeutic Animal, #3 Hatcher Real Estate & Home Sweet Homes documents, #4 Exhibit X Home Sweet Homes & Hatcher Real Estate report, #5 USPS, FedEx, emails, motion for fee waiver, order on fee waiver, #6 Notice of Referral of Complaint for Appropriate Action, #7 Marion County Publich Health Department notifications, #8 letter from US Department of Housing and Urban Development, #9 proposed USM-285 Forms, #10 Civil Cover Sheet)(DJH) (Additional attachment(s) added on 5/31/2019: #11 Envelope) (REO). |
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