WARD et al v. TOWN OF NASHVILLE, INDIANA et al
| ANTHONY WARD and TANNER WARD |
| BROWN COUNTY, INDIANA and Town of Nashville, Indiana |
| 1:2019cv02954 |
| July 17, 2019 |
| US District Court for the Southern District of Indiana |
| Jane Magnus-Stinson |
| Doris L Pryor |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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| Filing 14 The Southern District of Indiana receives notice by mail from the Clerk of the Brown County Circuit Court regarding case transfer. This case was received by mail by the Brown County Circuit Court on 08/08/2019 and was assigned case number 07C01-1906-CT-000258 in the receiving court. (Attachments: #1 Envelope) (JDH) |
| Filing 13 Transfer Letter to the Clerk of the Brown Circuit Court County Court. Copies of case documents and docket enclosed. (JDH) |
Filing 12
CLOSED REMANDED to Brown Circuit Court - Plaintiffs originally filed this matter in Brown Circuit Court, alleging that, among other things, they were stopped without probable cause, illegally detained, and illegally searched. [Filing No. 1-1 at 1-2.] On July 17, 2019, the Defendants removed the matter to this Court, asserting that "[b]ecause the complaint alleges a violation of civil rights arising out of an arrest, the allegations are sufficient to invoke federal question jurisdiction...." [Filing No. 1 at 2.] On July 23, 2019, the Court entered an Order requiring Plaintiffs to clarify whether they were eschewing claims based on federal law, noting that although Plaintiffs' Complaint contains allegations that would raise a plausible inference of constitutional wrongdoing in violation of 42 U.S.C. 1983, Plaintiffs' Complaint did not mention 1983 nor the U.S. Constitution. On July 31, 2019, the parties jointly filed a Stipulation That No Federal Claim is Stated by Complaint, [Filing No. 11], wherein the parties confirm that "[t]he plaintiffs did not intend by [their] complaint to raise a federal question or assert a federal cause of action," and that "[t]he complaint is not otherwise within the original jurisdiction of the district courts of the United States." [Filing No. 11 at 1.] As such, this Court does not have subject matter jurisdiction over the claims in Plaintiff's Complaint. For these reasons, the Court REMANDS this action to the Brown Circuit Court without deciding the merits of any parties' claims. Signed by Judge Jane Magnus-Stinson on 8/2/2019.(JDH)
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| Filing 11 STIPULATION That No Federal Claim is Stated by Complaint, filed by Defendants BROWN COUNTY, INDIANA, TOWN OF NASHVILLE, INDIANA. (Stephenson, James) |
| Filing 10 NOTICE of Filing of Stipulation to Withdraw Federal Claims by BROWN COUNTY, INDIANA, TOWN OF NASHVILLE, INDIANA (Stephenson, James) |
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Filing 9
ORDER - Plaintiffs originally filed this matter in Brown Circuit Court, alleging among other things that they were stopped without probable cause, illegally detained, and illegally searched. [Filing No. 1-1 at 1-2.] Defendants, believing Plaintiffs claims to "aris[e] under the Constitution, laws, or treaties of the United States," 28 U.S.C. 1331, removed the matter to this Court. [Filing No. 1.] While Plaintiffs' Complaint undoubtedly contains allegations which would raise a plausible inference of constitutional wrongdoing in violation of 42 U.S.C. 1983, it mentions neither 1983 nor the U.S. Constitution. But "the plaintiff[s are] the master of the complaint," and should Plaintiffs choose to "eschew[] claims based on federal law," they may "have the cause heard in state court." Holmes Grp., Inc. v. Vornado Air Circulation Sys., Inc., 535 U.S. 826, 831 (2002). As it stands, the Court lacks sufficient information to ascertain the basis of Plaintiffs' Complaint, and therefore cannot discern whether this matter properly invokes the Court's federal question jurisdiction. The Court therefore ORDERS Plaintiffs to file, on or before August 5, 2019, an Amended Complaint which either affirmatively invokes a federal cause of action (in addition to any state-law claims Plaintiffs wish to allege), or affirmatively disavows any federal cause of action. Signed by Judge Jane Magnus-Stinson on 7/23/2019.(JDH)
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Filing 8
SCHEDULING ORDER: Initial Pretrial Conference set for 9/26/2019 11:00 AM (Eastern Time) in Telephonic before Magistrate Judge Doris L. Pryor. The information needed to participate in this telephonic conference will be provided by a separate notification. No fewer than seven (7) days before the IPTC, counsel must file a Proposed CMP. See Order for additional information. Signed by Magistrate Judge Doris L. Pryor on 7/19/2019.(SWM)
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| Filing 7 PROCEDURES AND PRACTICES before Judge Jane Magnus-Stinson. (JDH) |
| Filing 6 Submission of Signature Requirement re #4 Notice of Appearance by BROWN COUNTY, INDIANA, TOWN OF NASHVILLE, INDIANA. (Holloway, Mark) |
| Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) |
| Filing 4 NOTICE of Appearance by Mark A. Holloway on behalf of Defendants BROWN COUNTY, INDIANA, Town of Nashville, Indiana. (Holloway, Mark) |
| Filing 3 DEMAND for Trial by Jury, filed by Defendants BROWN COUNTY, INDIANA, Town of Nashville, Indiana. (Stephenson, James) |
| Filing 2 NOTICE of Appearance by James S. Stephenson on behalf of Defendants BROWN COUNTY, INDIANA, Town of Nashville, Indiana. (Stephenson, James) |
| Filing 1 NOTICE OF REMOVAL from Brown Circuit Court, case number 07C01-1906-CT-000258, filed by BROWN COUNTY, INDIANA, Town of Nashville, Indiana. (Filing fee $400, receipt number 0756-5533272) (Attachments: #1 State Court Record Complaint with motion for jury trial, Order, Motion for Enlargement of Time, Jury Demand, Appearance (James S. Stephenson), Appearance (Dan Patterson for plaintiff Tanner Ward, Appearance by Dan Patterson for plaintiff Anthony Ward, Summons (2), Notice of Removal, #2 Civil Cover Sheet)(Stephenson, James) |
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