DETROIT REHABILITATION INITIATIVES, LLC v. FEDERAL HOME LOAN BANK OF INDIANAPOLIS
| Detroit Rehabilitation Inititatives, LLC and DETROIT REHABILITATION INITIATIVES, LLC |
| Federal Home Loan Bank of Indiananapolis and FEDERAL HOME LOAN BANK OF INDIANAPOLIS |
| 1:2019cv03604 |
| August 26, 2019 |
| US District Court for the Southern District of Indiana |
| James Patrick Hanlon |
| Debra McVicker Lynch |
| Banks and Banking |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on September 30, 2019. A more recent docket listing may be available from PACER.
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| Filing 35 Remark - Clerk of the Marion County Superior Court acknowledges receipt of Remand documents on 9/27/2019 re #34 Transfer Letter to the Clerk of the Marion County Superior Court County Court. (Attachments: #1 Envelope). (MAC) |
| Filing 34 Transfer Letter to the Clerk of the Marion County Superior Court County Court. Copies of case documents and docket enclosed. (DWH) |
Filing 33
CLOSED REMANDED - ORDER: Finding that the First Amended Complaint is the operative complaint and does not supply federal jurisdiction, the Court GRANTS DRI's motion to remand and REMANDS this case to the Marion County Superior Court. Dkt. #24 . The motion for a temporary restraining order is DENIED for lack of jurisdiction. Dkt. #9 . The motion for leave to file a Second Amended Complaint is DENIED as moot. Dkt. #8 . DRI's request for attorney fees and costs is DENIED because FHLBI did not lack an "objectively reasonable basis" for seeking removal. See Jackson, 915 F.3d at 424 (SEE ORDER FOR ADDITIONAL INFORMATION). Signed by Judge James Patrick Hanlon on 9/18/2019. (DWH)
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| Filing 32 REPLY in Support of Motion re #15 SEALED MOTION to File Under Seal , filed by Defendant FEDERAL HOME LOAN BANK OF INDIANAPOLIS. (Bryan, Beth) |
| Filing 31 Surreply re #9 MOTION for Temporary Restraining Order , filed by Defendant FEDERAL HOME LOAN BANK OF INDIANAPOLIS. (Bryan, Beth) |
| Filing 30 RESPONSE in Opposition re #24 MOTION to Remand the cause to the Marion County Superior Court , filed by Defendant FEDERAL HOME LOAN BANK OF INDIANAPOLIS. (Bryan, Beth) |
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Filing 29
ORDER denying Defendant's #28 Motion for Extension of Time to File response to amended complaint. The motion was filed one business day before the answer deadline and therefore does not comply with Local Rule 6-1(a)(5). Nevertheless, the court determines that the interest of justice counsels in favor of extending the deadline to avoid too harsh a consequence that could result from an outright denial. Defendant's deadline to answer or otherwise plead in response to plaintiff's amended complaint is extended to September 26, 2019. Counsel must take care to fully comply with all local rules in the future. Signed by Magistrate Judge Debra McVicker Lynch on 9/12/2019. (SWM)
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| Filing 28 MOTION for Extension of Time to September 26, 2019 to Move, Answer or Otherwise Plead to Plaintiff's First Amended Complaint, filed by Defendant FEDERAL HOME LOAN BANK OF INDIANAPOLIS. (Attachments: #1 Text of Proposed Order)(Bryan, Beth) |
| Filing 27 REPLY in Support of Motion re #9 MOTION for Temporary Restraining Order , filed by Plaintiff DETROIT REHABILITATION INITIATIVES, LLC. (Kozak, Christopher) |
| Filing 26 APPENDIX of Exhibits in Support of DRI's Reply in Support of Motion for a TRO by DETROIT REHABILITATION INITIATIVES, LLC. (Attachments: #1 Affidavit Kirsch Decl., #2 Affidavit Duong Aff., #3 Affidavit Mathews Aff.)(Kozak, Christopher) |
| Filing 25 BRIEF/MEMORANDUM in Support re #24 MOTION to Remand the cause to the Marion County Superior Court , filed by Plaintiff DETROIT REHABILITATION INITIATIVES, LLC. (Kozak, Christopher) |
| Filing 24 MOTION to Remand the cause to the Marion County Superior Court, filed by Plaintiff DETROIT REHABILITATION INITIATIVES, LLC. (Kozak, Christopher) |
| Filing 23 RESPONSE in Opposition re #15 SEALED MOTION to File Under Seal , filed by Plaintiff DETROIT REHABILITATION INITIATIVES, LLC. (Kozak, Christopher) |
| Filing 22 NOTICE of Appearance by Christopher Edward Kozak on behalf of Plaintiff DETROIT REHABILITATION INITIATIVES, LLC. (Kozak, Christopher) |
| Filing 21 NOTICE of Unavailability of Counsel, filed by Defendant FEDERAL HOME LOAN BANK OF INDIANAPOLIS (Bryan, Beth) |
| Filing 20 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Alex E. Wallin hereby notifies the Clerk of the court of changed contact information. (Wallin, Alex) |
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Filing 19
ORDER granting #16 Motion to Appear pro hac vice. Attorney Alex E. Wallin for FEDERAL HOME LOAN BANK OF INDIANAPOLIS added. The court FURTHER ORDERS that Alex E. Wallin register as a user of the court's electronic case filing system by September 18, 2019. Failure to register could result in the revocation of his admission pro hac vice. Copy to Alex E. Wallin via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 9/4/2019. (SWM)
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Filing 18
Entry and Order from Status Conference - The parties, by counsel, appeared for a status conference on September 3, 2019, with the magistrate judge. The plaintiff's reply in support of TRO must be filed by September 9, 2019, and must include argument regarding the court's subject matter jurisdiction. The defendant shall file a surreply by September 13, 2019, to address the court's jurisdiction and to address, if it wishes to, any new facts included in the plaintiff's reply. Briefing of the motion for leave to amend will proceed according to the schedule in Local Rule 7-1. Signed by Magistrate Judge Debra McVicker Lynch. Copy to Beth Bryan via U.S. Mail. (JLS)
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| Filing 17 Submission of State Court Record from Marion County in case number 49D01-1908-PL-034380 (part 1). (Attachments: #1 part 2, #2 Envelope)(REO) |
| Filing 16 MOTION for Attorney(s) Alex E. Wallin to Appear pro hac vice (Filing fee $100, receipt number 0756-5609397), filed by Defendant FEDERAL HOME LOAN BANK OF INDIANAPOLIS. (Attachments: #1 Exhibit A - Certification in Support of Motion to Appear Pro Hac Vice, #2 Text of Proposed Order Order Granting Motion to Appear Pro Hac Vice)(Kempf, Richard) |
| Filing 15 SEALED MOTION to File Under Seal, filed by Defendant FEDERAL HOME LOAN BANK OF INDIANAPOLIS. (Attachments: #1 Memorandum in Support of Motion to Seal, #2 Ex. A - July 16, 2019 Email -Document to be Sealed, #3 Proposed Order Granting Motion to Seal)(Kempf, Richard) |
| Filing 14 RESPONSE in Opposition re #9 MOTION for Temporary Restraining Order , filed by Defendant FEDERAL HOME LOAN BANK OF INDIANAPOLIS. (Attachments: #1 Exhibit 1 - Stansberry Declaration, #2 Exhibit 2 - Hargreaves Declaration)(Kempf, Richard) |
| Filing 13 NOTICE of Appearance by Vivek Randle Hadley on behalf of Defendant FEDERAL HOME LOAN BANK OF INDIANAPOLIS. (Hadley, Vivek) |
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Filing 11
SCHEDULING ORDER: Status Conference set for 9/3/2019 10:00 AM (Eastern Time) in Telephonic before Magistrate Judge Debra McVicker Lynch. The court will contact counsel by separate email through the court's electronic filing system with the call-in information to be used to participate in the conference. Copy to Beth A. Bryan via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 8/30/2019.(SWM) Modified on 8/30/2019 (SWM).
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| Filing 10 BRIEF/MEMORANDUM in Support re #9 MOTION for Temporary Restraining Order , filed by Plaintiff DETROIT REHABILITATION INITIATIVES, LLC. (Braun, Christopher) |
| Filing 9 MOTION for Temporary Restraining Order , filed by Plaintiff DETROIT REHABILITATION INITIATIVES, LLC. (Attachments: #1 Exhibit Kirsch Declaration)(Braun, Christopher) |
| Filing 8 MOTION for Leave to File Second Amended Complaint, filed by Plaintiff DETROIT REHABILITATION INITIATIVES, LLC. (Attachments: #1 Exhibit State Court Complaint, #2 Exhibit Proposed Second Amended Complaint, #3 Exhibit Proposed Order)(Braun, Christopher) |
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Filing 7
ORDER granting #4 Motion to Appear pro hac vice. Attorney Beth A. Bryan for FEDERAL HOME LOAN BANK OF INDIANAPOLIS added. The court FURTHER ORDERS that Beth A. Bryan register as a user of the court's electronic case filing system by September 11, 2019. Failure to register could result in the revocation of her admission pro hac vice. Copy to Beth A. Bryan via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 8/28/2019. (SWM)
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| Filing 6 TRIAL PROCEDURES AND PRACTICES before Judge James Patrick Hanlon. (DWH) |
| Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) |
| Filing 4 MOTION for Attorney(s) Beth A. Bryan to Appear pro hac vice (Filing fee $100, receipt number 0756-5598146), filed by Defendant Federal Home Loan Bank of Indiananapolis. (Attachments: #1 Exhibit Certificate of Beth A. Bryan in Support of Motion to Appear Pro Hac Vice, #2 Text of Proposed Order Order Granting Motion to Appear Pro Hac Vice)(Kempf, Richard) |
| Filing 3 NOTICE of Appearance by Richard A. Kempf on behalf of Defendant Federal Home Loan Bank of Indiananapolis. (Kempf, Richard) |
| Filing 2 NOTICE Of Pending State Court Motions, filed by Defendant Federal Home Loan Bank of Indiananapolis (Kempf, Richard) |
| Filing 1 NOTICE OF REMOVAL from Indiana Commercial Court/Marion County Superior Court, case number 49D01-1908-PL-034380, filed by Federal Home Loan Bank of Indiananapolis. (Filing fee $400, receipt number 0756-5596393) (Attachments: #1 Exhibit 1 - Complaint, #2 Exhibit 2 - State Court Record, #3 Exhibit 3 - Amended Complaint, #4 Civil Cover Sheet)(Kempf, Richard) |
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