OUTZEN et al v. KAPSCH TRAFFICCOM USA, INC. et al
| Monique Outzen and Robert Ardaiolo |
| Kapsch Trafficcom USA, Gila, LLC and KAPSCH TRAFFICCOM USA, INC. |
| 1:2020cv01286 |
| April 30, 2020 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| Mark J Dinsmore |
| Tanya Walton Pratt |
| Richard L Young |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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Filing 35
ORDER GRANTING PLAINTIFFS MOTION FOR 7-DAY EXTENSION OF TIME TO RESPOND TO DEFENDANTS MOTION TO DISMISS - Plaintiffs having filed their Motion for Seven (7) Day Extension of Time to Respond to Defendants Motion to Dismiss, and the Court being duly and sufficiently advised the premises, now GRANTS said Motion. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the Plaintiffs be granted an extension of time up to and including July 13, 2020 to respond to Defendants Motion to Dismiss. Signed by Judge Tanya Walton Pratt on 6/26/2020. (JDC)
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Filing 34
MOTION for Extension of Time to File Response to July 13, 2020 re #26 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Plaintiffs ROBERT ARDAIOLO, MONIQUE OUTZEN. (Attachments: #1 Text of Proposed Order)(Noyes, Jonathon)
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Filing 33
ORDER granting #30 Motion to Appear pro hac vice. Attorney Michael D. Leffel for GILA, LLC added. Signed by Magistrate Judge Mark J. Dinsmore on 6/17/2020. (SWM)
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Filing 32
ORDER TO SHOW CAUSE - These cases before the Court appear to involve common questions involving Plaintiffs' putative class action allegations claiming that Defendants unlawfully issued administrative fees and/or penalties to drivers crossing the Riverlink toll bridges. Central to both cases is whether Defendants issued subsequent notices to drivers without first providing the statutorily-required First Notice of Toll. Accordingly, the parties are hereby ordered to show cause why these actions should not be consolidated pursuant to Rule 42(a). The parties are ordered to file a response to this Order to Show Cause on or before June 30, 2020. See Order for additional details. Signed by Magistrate Judge Mark J. Dinsmore on 6/16/2020.(SWM)
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Filing 31
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Initial Pretrial Conference held on 6/16/2020. Court hereby establishes select case management deadlines & fully incorporates by reference: (1) paragraph III(K) of approved Case Management Plan in Barker v. Kapsch Trafficcom USA, INC. et al., 1:19-cv-00987-TWP-MJD, Dkt. No. #30 at 4; (2) the approved Protective Order entered in that matter, Dkt. No. #34 ; & (3) any other orders directed to conduct of discovery in that matter. Furthermore, all discovery responses & documents produced in Barker v. Kapsch Trafficcom USA, INC. et al., 1:19-cv-00987-TWP-MJD may be used as though produced in this matter absent an express order to contrary. Further scheduling orders will issue, as necessary, once consolidation issue has been resolved. *SEE ORDER FOR DEADLINES & FURTHER DETAILS.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 30
MOTION for Attorney(s) Michael D. Leffel to Appear pro hac vice (Filing fee $100, receipt number 0756-6035726), filed by Defendant GILA, LLC. (Attachments: #1 Exhibit A - Certification, #2 Text of Proposed Order)(Garlough, Jonathan)
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Filing 29
ESI Supplement to CASE MANAGEMENT PLAN TENDERED, filed by Defendants GILA, LLC, KAPSCH TRAFFICCOM USA, INC. . (Garlough, Jonathan)
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Filing 27
BRIEF/MEMORANDUM in Support re #26 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants GILA, LLC, KAPSCH TRAFFICCOM USA, INC.. (Garlough, Jonathan)
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Filing 26
Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants GILA, LLC, KAPSCH TRAFFICCOM USA, INC.. (Garlough, Jonathan)
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Filing 25
JOINT CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs ROBERT ARDAIOLO, MONIQUE OUTZEN . (Attachments: #1 Supplement - Plaintiff's ESI Supplement)(Cox, Jacob)
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Filing 24
ORDER granting in part and denying in part Defendants' #22 Joint Motion for Extension of Time to File responsive pleading. The initial pretrial conference is scheduled in this matter on June 16, 2020 [Dkt. 21]; the Court requires Defendants to respond to the Complaint prior to that conference. Defendants shall file a response to Plaintiffs' Complaint on or before June 12, 2020. See Order for additional details. Signed by Magistrate Judge Mark J. Dinsmore on 6/3/2020. (SWM)
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Filing 23
RESPONSE in Opposition re #22 Joint MOTION for Extension of Time to June 18, 2020 to Respond to the Complaint , filed by Plaintiffs ROBERT ARDAIOLO, MONIQUE OUTZEN. (Attachments: #1 Text of Proposed Order)(Cox, Jacob)
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Filing 22
Joint MOTION for Extension of Time to June 18, 2020 to Respond to the Complaint, filed by Defendants GILA, LLC, KAPSCH TRAFFICCOM USA, INC.. (Attachments: #1 Text of Proposed Order)(Garlough, Jonathan)
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Filing 21
AMENDED SCHEDULING ORDER - The Court, sua sponte, hereby RESCHEDULES the Telephonic Initial Pretrial Conference currently scheduled for June 17, 2020 to Tuesday, June 16, 2020 at 10:00 a.m. (Eastern). The parties shall file a proposed Case Management Plan on or before June 10, 2020. All other requirements of the Court's Scheduling Order [Dkt. 18] remain in effect. Signed by Magistrate Judge Mark J. Dinsmore on 5/27/2020.(SWM)
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Filing 20
NOTICE of Appearance by Emily Schmale on behalf of Defendant KAPSCH TRAFFICCOM USA, INC.. (Schmale, Emily)
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Filing 19
NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Jonathan W. Garlough hereby notifies the Clerk of the court of changed contact information. (Garlough, Jonathan)
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Filing 18
SCHEDULING ORDER: Initial Pretrial Conference set for 6/17/2020 10:00 AM (Eastern Time) in Telephonic 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") no fewer than even days before the pretrial conference. Section III(A) through (E) of the proposed CMP shall include the following deadlines (see Order for established deadlines and additional details). Signed by Magistrate Judge Mark J. Dinsmore on 5/20/2020.(SWM)
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Filing 17
NOTICE of Reassignment of Case to Judge Tanya Walton Pratt and Magistrate Judge Mark J. Dinsmore. Judge Richard L. Young and Magistrate Judge Tim A. Baker are no longer assigned to this case. Please include the new case number, 1:20-cv-1286-TWP-MJD, on all future filings in this matter. (DJH)
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Filing 16
ORDER REASSIGNING CASE. Clerk is directed to reassign case to Judge Tanya Walton Pratt and Magistrate Judge Mark J. Dinsmore for all further proceedings. This case is related to 1:19-cv-987. Judge Richard L. Young and Magistrate Judge Tim A. Baker no longer assigned to case. Signed by Judge Richard L. Young on 5/5/2020. (TMD)
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Filing 15
ORDER granting Defendants' #12 Motion for extension of time to respond to complaint to 6/4/2020. Signed by Magistrate Judge Tim A. Baker on 5/5/2020. (SWM)
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Filing 14
Submission of State Court Record, filed by Defendant KAPSCH TRAFFICCOM USA, INC.. (JRB)
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Filing 13
NOTICE Of Intent to File Response in Opposition, filed by Defendants GILA, LLC, KAPSCH TRAFFICCOM USA, INC., re #9 Notice (Other). (Garlough, Jonathan)
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Filing 12
MOTION for Extension of Time to Respond to Complaint, filed by Defendants GILA, LLC, KAPSCH TRAFFICCOM USA, INC.. (Attachments: #1 Text of Proposed Order)(Garlough, Jonathan)
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Filing 11
NOTICE of Appearance by William E. Winingham on behalf of Plaintiffs ROBERT ARDAIOLO, MONIQUE OUTZEN. (Winingham, William)
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Filing 10
NOTICE of Appearance by Jonathon Noyes on behalf of Plaintiffs ROBERT ARDAIOLO, MONIQUE OUTZEN. (Noyes, Jonathon)
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Filing 9
NOTICE of Related Action, filed by Plaintiffs ROBERT ARDAIOLO, MONIQUE OUTZEN (Cox, Jacob)
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Filing 8
NOTICE of Appearance by Jacob R. Cox on behalf of Plaintiffs ROBERT ARDAIOLO, MONIQUE OUTZEN. (Cox, Jacob)
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Filing 7
Corporate Disclosure Statement by KAPSCH TRAFFICCOM USA, INC.. (Craig, Darren)
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Filing 6
NOTICE of Appearance by Darren Andrew Craig on behalf of Defendant Kapsch Trafficcom USA. (Craig, Darren)
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Filing 5
MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JRB)
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Filing 4
NOTICE to File Corporate Disclosure Statement to KAPSCH TRAFFICCOM USA, INC. (LAB) (JRB)
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Filing 3
Corporate Disclosure Statement by Gila, LLC identifying Corporate Parent ORG Gila, LLC, Other Affiliate Asset Performance Group, LLC, Other Affiliate Navient Corporation for Gila, LLC.. (Garlough, Jonathan)
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Filing 2
NOTICE of Appearance by Jonathan W. Garlough on behalf of Defendant Gila, LLC. (Garlough, Jonathan)
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Filing 1
NOTICE OF REMOVAL from Marion County Superior Court, case number 49D14-2003-CT-012573, filed by Gila, LLC, Kapsch Trafficcom USA. (Filing fee $400, receipt number 0756-5975751) (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - Complaint, #3 Exhibit 2 - State Court Record ( Docket Sheet, Summons, Appearance, Notice of Extension))(Garlough, Jonathan)
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