MWANGANGI v. NIELSEN et al
Plaintiff: DAUDI M MWANGANGI and DAUDI M. MWANGANGI
Defendant: BEN PHELPS, FRANK NOLAND, TREY HENDRIX, CITY OF LEBANON, INDIANA, TAYLOR NIELSEN, WESTLEY GARST, BLAINE ROOT, GORDON WELIKY, BOONE COUNTY INDIANA and MATTHEW BRENNAN
Case Number: 1:2019cv04105
Filed: October 3, 2019
Court: US District Court for the Southern District of Indiana
Presiding Judge: Mark J Dinsmore
Referring Judge: Jane Magnus-Stinson
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Both
Docket Report

This docket was last retrieved on November 22, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 26, 2020 Opinion or Order Filing 49 MOTION for Leave to File Amend Paragraph 185 Of The Amended Complaint to Include Claims for Excessive Force and Failures to Intervene, filed by Plaintiff DAUDI M. MWANGANGI. (Bielski, Edward)
February 18, 2020 Opinion or Order Filing 48 **DISCHARGED (per Order at Dkt. 50 ).** ORDER TO SHOW CAUSE HEARING: Paul T. Belch, counsel for Defendants Garst, Brennan, Weliky, and Boone County, Indiana shall appear in open Court on Wednesday, March 4, 2020 at 9:00 a.m. (Eastern) in Courtroom 243, United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana, before Magistrate Judge Mark J. Dinsmore to answer why he should not be sanctioned for having failed to appear for the February 11, 2020 telephonic status conference in this matter. [Dkts. 41 & 46.] Failure to appear as ordered may result in sanctions. Counsel for the other parties may, but need not, appear for the hearing. Signed by Magistrate Judge Mark J. Dinsmore on 2/18/2020.(SWM) Modified on 3/4/2020 (GD).
February 11, 2020 Opinion or Order Filing 47 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 2/11/2020. Parties discussed status of discovery. Telephonic Status Conference set for 3/27/2020 at 11:00 AM (Eastern Time). *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
February 4, 2020 Opinion or Order Filing 45 ANSWER to #38 Amended Complaint , filed by BOONE COUNTY INDIANA, MATTHEW BRENNAN, WESTLEY GARST, GORDON WELIKY.(Belch, Paul)
February 4, 2020 Opinion or Order Filing 44 NOTICE of Appearance by Paul Thomas Belch on behalf of Defendants BOONE COUNTY INDIANA, MATTHEW BRENNAN, GORDON WELIKY. (Belch, Paul)
January 28, 2020 Opinion or Order Filing 43 ANSWER to #38 Amended Complaint and Affirmative Defenses and Demand for Trial by Jury, filed by BLAINE ROOT.(Paul, Daniel)
January 22, 2020 Opinion or Order Filing 42 ANSWER to #38 Amended Complaint and Affirmative Defenses, filed by CITY OF LEBANON, INDIANA, TREY HENDRIX, TAYLOR NIELSEN, FRANK NOLAND, BEN PHELPS.(Baron, Lisa)
January 15, 2020 Opinion or Order Filing 41 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 1/9/2020. Parties discussed status of discovery. Plaintiff's counsel reported intent to move for summary judgment. Accordingly, Section IV of approved Case Management Plan (Dkt. #26 at 6] is amended (to include briefing on cross-dispositive motions). Telephonic Status Conference set for 2/11/2020 at 10:15 AM (Eastern Time). *SEE ORDER FOR DEADLINES.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
January 10, 2020 Opinion or Order Filing 40 Summons Issued as to MATTHEW BRENNAN, GORDON WELIKY, and to Robert V. Clutter, Boone County Legal Counsel. (JDH)
January 9, 2020 Opinion or Order Filing 39 Proposed Summons submitted for issuance by the clerk as to BOONE COUNTY INDIANA, MATTHEW BRENNAN, GORDON WELIKY. (Bielski, Edward)
January 9, 2020 Opinion or Order Filing 38 AMENDED COMPLAINT against All Defendants, filed by DAUDI M. MWANGANGI.(Bielski, Edward)
January 8, 2020 Opinion or Order Filing 37 ORDER granting Plaintiff's #33 Motion for Leave to File Amended Complaint. On or before January 10, 2020, Plaintiff shall file an Amended Complaint and Jury Demand, and any exhibits thereto, in substantially the same form as were attached to Plaintiff's Motion for Leave. [Dkts. 33-1 through 33-4]. Counsel for Plaintiff is reminded to comply with L.R. 5-6(a), which requires each electronically filed exhibit to be created as a separate.pdf file, submitted as an attachment to the main document, and given a title which describes its content. Signed by Magistrate Judge Mark J. Dinsmore on 1/8/2020. (SWM)
December 23, 2019 Opinion or Order Filing 35 Witness List Plaintiff's Preliminary Witness and Exhibit List, filed by Plaintiff DAUDI M. MWANGANGI. (Bielski, Edward)
December 23, 2019 Opinion or Order Filing 34 Witness List (Preliminary), filed by Defendant BLAINE ROOT, Exhibit List (Preliminary), filed by Defendant BLAINE ROOT. (Paul, Daniel)
December 20, 2019 Opinion or Order Filing 33 MOTION TO AMEND, filed by Plaintiff DAUDI M. MWANGANGI. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Bielski, Edward)
December 20, 2019 Opinion or Order Filing 32 Witness List (Preliminary), filed by Defendant WESTLEY GARST, Exhibit List (Preliminary), filed by Defendant WESTLEY GARST. (Belch, Paul)
December 20, 2019 Opinion or Order Filing 31 Witness List (Preliminary), filed by Defendants CITY OF LEBANON, INDIANA, TREY HENDRIX, TAYLOR NIELSEN, FRANK NOLAND, BEN PHELPS, Exhibit List (Preliminary), filed by Defendants CITY OF LEBANON, INDIANA, TREY HENDRIX, TAYLOR NIELSEN, FRANK NOLAND, BEN PHELPS. (Baron, Lisa)
December 18, 2019 Opinion or Order Filing 30 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Lisa A. Baron hereby notifies the Clerk of the court of changed contact information. (Baron, Lisa)
December 17, 2019 Opinion or Order Filing 29 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Elizabeth A. Knight hereby notifies the Clerk of the court of changed contact information. (Knight, Elizabeth)
December 10, 2019 Opinion or Order Filing 28 NOTICE of Service of Initial Disclosures , filed by Defendant WESTLEY GARST. (Belch, Paul)
December 9, 2019 Opinion or Order Filing 27 NOTICE of Service of Initial Disclosures , filed by Defendant BLAINE ROOT. (Paul, Daniel)
December 6, 2019 Opinion or Order Filing 26 ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 9/4/2020. Discovery due by 7/31/2020. Signed by Magistrate Judge Mark J. Dinsmore on 12/6/2019.(SWM)
December 6, 2019 Opinion or Order Filing 25 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Initial Pretrial Conference held on 12/6/2019. Approved Case Management Plan, as amended, to be entered by separate order. Telephonic Status Conference set for 1/9/2020 at 10:30 AM (Eastern Time). Settlement Conference set for 6/19/2020 at 9:00 AM (Eastern Time) in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. *SEE ORDER FOR DEADLINES.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
December 6, 2019 Opinion or Order Filing 24 ORDER REGARDING PROTECTIVE ORDERS. See Order. Signed by Magistrate Judge Mark J. Dinsmore on 12/6/2019.(SWM)
December 5, 2019 Opinion or Order Filing 23 CASE MANAGEMENT PLAN TENDERED, filed by Defendants CITY OF LEBANON, INDIANA, TREY HENDRIX, TAYLOR NIELSEN, FRANK NOLAND, BEN PHELPS . (Baron, Lisa)
November 27, 2019 Opinion or Order Filing 22 ANSWER to #2 Complaint , AFFIRMATIVE DEFENSES, AND DEMAND FOR TRIAL BY JURY, filed by BLAINE ROOT.(Layden, Daniel)
November 25, 2019 Opinion or Order Filing 20 ANSWER to #2 Complaint , filed by CITY OF LEBANON, INDIANA, TREY HENDRIX, TAYLOR NIELSEN, FRANK NOLAND, BEN PHELPS.(Baron, Lisa)
November 22, 2019 Opinion or Order Filing 19 ANSWER to #2 Complaint , filed by WESTLEY GARST.(Belch, Paul)
November 6, 2019 Opinion or Order Filing 18 NOTICE of Appearance by Daniel J. Paul on behalf of Defendant BLAINE ROOT. (Paul, Daniel)
November 6, 2019 Opinion or Order Filing 17 NOTICE of Parties' First Extension of Time, filed by Defendant BLAINE ROOT. (Layden, Daniel)
November 6, 2019 Opinion or Order Filing 16 NOTICE of Appearance by Daniel Joseph Layden on behalf of Defendant BLAINE ROOT. (Layden, Daniel)
October 30, 2019 Opinion or Order Filing 15 SCHEDULING ORDER: Telephonic Initial Pretrial Conference set for 12/6/2019 at 12:30 PM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. The parties shall file a proposed Case Management Plan (CMP) on or before December 4, 2019 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 FOR DEADLINES.* Signed by Magistrate Judge Mark J. Dinsmore on 10/30/2019. (GD)
October 30, 2019 Opinion or Order Filing 14 ORDER granting Defendant Westley Garst's #12 Motion for Extension of Time to File response to complaint to 11/25/2019. No further enlargement of this deadline is anticipated. Signed by Magistrate Judge Mark J. Dinsmore on 10/30/2019. (SWM)
October 29, 2019 Opinion or Order Filing 13 RETURN of Service, filed by DAUDI M. MWANGANGI. CITY OF LEBANON, INDIANA served on 10/10/2019; TREY HENDRIX served on 10/10/2019; FRANK NOLAND served on 10/10/2019; BEN PHELPS served on 10/10/2019; BLAINE ROOT served on 10/10/2019. (Attachments: #1 Exhibit EXHIBIT A RETURN RECEIPT, #2 Exhibit EXHIBIT B RETURN RECEIPT, #3 Exhibit EXHIBIT C RETURN RECEIPT, #4 Exhibit EXHIBIT D RETURN RECEIPT, #5 Exhibit EXHBIT D RETURN RECEIPT)(Bielski, Edward)
October 28, 2019 Opinion or Order Filing 12 First MOTION for Extension of Time to November 25, 2019 in which to #2 Complaint File Answer, filed by Defendant WESTLEY GARST. (Attachments: #1 Text of Proposed Order Granting Defendant Westley Garst's Motion for Initial Extension of Time to File Answer)(Belch, Paul)
October 28, 2019 Opinion or Order Filing 11 NOTICE of Appearance by Paul Thomas Belch on behalf of Defendant WESTLEY GARST. (Belch, Paul)
October 28, 2019 Opinion or Order Filing 10 NOTICE of Appearance by Elizabeth A. Knight on behalf of Defendants CITY OF LEBANON, INDIANA, TREY HENDRIX, TAYLOR NIELSEN, FRANK NOLAND, BEN PHELPS. (Knight, Elizabeth)
October 28, 2019 Opinion or Order Filing 9 NOTICE OF EXTENSION, filed by Defendants CITY OF LEBANON, INDIANA, TREY HENDRIX, TAYLOR NIELSEN, FRANK NOLAND, BEN PHELPS (Attachments: #1 Exhibit A) (Baron, Lisa)
October 28, 2019 Opinion or Order Filing 8 NOTICE of Appearance by Lisa A. Baron on behalf of Defendants CITY OF LEBANON, INDIANA, TREY HENDRIX, TAYLOR NIELSEN, FRANK NOLAND, BEN PHELPS. (Baron, Lisa)
October 22, 2019 Opinion or Order Filing 7 Summons Issued as to TAYLOR NIELSEN. (JDH)
October 21, 2019 Opinion or Order Filing 6 Proposed Summons submitted for issuance by the clerk as to TAYLOR NIELSEN. (Bielski, Edward)
October 7, 2019 Opinion or Order Filing 5 PROCEDURES AND PRACTICES before Judge Jane Magnus-Stinson. (JDH)
October 7, 2019 Opinion or Order Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO)
October 7, 2019 Opinion or Order Filing 3 Summons Issued as to CITY OF LEBANON, INDIANA, WESTLEY GARST, TREY HENDRIX, TAYLOR NIELSEN, FRANK NOLAND, BEN PHELPS, BLAINE ROOT. (REO)
October 4, 2019 Opinion or Order Filing 2 COMPLAINT against All Defendants, filed by All Plaintiffs. Filing Fee $400, Receipt # 0756-5661964 (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Bielski, Edward) Modified on 10/4/2019 (REO). Modified on 10/4/2019 (REO).
October 3, 2019 Opinion or Order Filing 1 NOTICE of Appearance by Edward G. Bielski on behalf of Plaintiff DAUDI M MWANGANGI. (Bielski, Edward)

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Defendant: BEN PHELPS
Represented By: Elizabeth A. Knight
Represented By: Lisa A. Baron
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Defendant: FRANK NOLAND
Represented By: Elizabeth A. Knight
Represented By: Lisa A. Baron
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Defendant: TREY HENDRIX
Represented By: Elizabeth A. Knight
Represented By: Lisa A. Baron
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Defendant: CITY OF LEBANON, INDIANA
Represented By: Elizabeth A. Knight
Represented By: Lisa A. Baron
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Defendant: TAYLOR NIELSEN
Represented By: Elizabeth A. Knight
Represented By: Lisa A. Baron
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Defendant: WESTLEY GARST
Represented By: Paul Thomas Belch
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Defendant: BLAINE ROOT
Represented By: Daniel J. Paul
Represented By: Daniel Joseph Layden
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Defendant: GORDON WELIKY
Represented By: Paul Thomas Belch
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Defendant: BOONE COUNTY INDIANA
Represented By: Paul Thomas Belch
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Defendant: MATTHEW BRENNAN
Represented By: Paul Thomas Belch
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Plaintiff: DAUDI M MWANGANGI
Represented By: Edward G. Bielski
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Plaintiff: DAUDI M. MWANGANGI
Represented By: Edward G. Bielski
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