BAR INDY LLC et al v. CITY OF INDIANAPOLIS et al
| BASEY LLC doing business as BASEY'S DOWNTOWN, D & D LUGAR INC. doing business as SPORTS PAGE LOUNGE, BEMBARS, INC. doing business as COURTSIDE CONVENIENCE, R&D COMPANIES, INC. doing business as JOES GRILL CASTLETON, ISENTARK ENTERTAINMENT doing business as COACHES TAVERN, NEW JOURNEY, LLC doing business as WHISKEY BUSINESS LAWRENCE, BAR INDY LLC doing business as TIKI BOBS CANTINA, WHISTLE STOP INN INC. doing business as THE WHISTLE STOP INN, KORE ENTERPRISES, INC. doing business as AVERAGE JOE'S SPORTS PUB doing business as ROCK LOBSTER doing business as MINESHAFT SALOON, TAD INDY INC. doing business as TAPS AND DOLLS doing business as AFTER 6 LOUNGE doing business as JOKERS COMEDY CLUB doing business as 247 SKY BAR, CLASSIC 46 INC. doing business as THAT PLACE BAR & GRILL, I2V, LLC, D/B/A WHISKEY BUSINESS SOUTHPORT, 3135 HOLDINGS INC. doing business as MICKIE'S PUB, MILO ENTERTAINMENT LLC doing business as THE RED ROOM, REVEL BAR INDY LLC doing business as INVY NIGHTCLUB, ISENTARK ENTERTAINMENT, LLC doing business as COACHES TAVERN, I2V, LLC doing business as WHISKEY BUSINESS SOUTHPORT, TAD INDY INC. and Those Similarly Situated doing business as TAPS AND DOLLS doing business as AFTER 6 LOUNGE doing business as JOKERS COMEDY CLUB doing business as 247 SKY BAR, CLASSIC 46, INC. doing business as THAT PLACE BAR & GRILL and JASON JENKINS |
| MARION COUNTY PUBLIC HEALTH DEPARTMENT, CITY OF INDIANAPOLIS, JOE HOGSETT and VIRGINIA CAINE |
| 1:2020cv02482 |
| September 25, 2020 |
| US District Court for the Southern District of Indiana |
| Mario Garcia |
| Debra McVicker Lynch |
| Jane Magnus-Stinson |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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Filing 55
MINUTE ORDER for proceedings held before Magistrate Judge Mario Garcia: Status Conference held on 4/28/2021. Parties appeared by telephone for a Status Conference. The parties reported on the status of and future plans for discovery. This matter is scheduled for a telephonic status conference on Monday. July 12, 2021 at 11:30 a.m. (Eastern) to discuss case status. Signed by Magistrate Judge Mario Garcia. (NAD)
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Filing 53
SCHEDULING ORDER: This matter is currently set for a Telephonic Status Conference on Wednesday, April 28, 20121 at 10:30 at a.m. before Magistrate Judge Mario Garcia. The Court now changes the TIME ONLY to 2:00 p.m. (Eastern) on that same date. All other requirements of the Court's order dated 3/10/21 Dkt. #42 remain in effect. Signed by Magistrate Judge Mario Garcia on 4/14/2021.(NAD)
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| Filing 52 Reassignment of Case to Magistrate Judge Mario Garcia. Magistrate Judge Debra McVicker Lynch is no longer assigned to this case. Please include the new case number (1:20-cv-2482-JMS-MG), which includes the initials of the newly assigned judge, on all future filings in this matter. (JDad) |
| Filing 51 Affirmative Defenses and ANSWER to #50 Amended Complaint , filed by VIRGINIA CAINE, MARION COUNTY PUBLIC HEALTH DEPARTMENT. (Ricchiuto, Anne) Modified on 3/11/2021 (MAC). |
| Filing 50 AMENDED COMPLAINT against VIRGINIA CAINE and MARION COUNTY PUBLIC HEALTH DEPARTMENT, filed by KORE ENTERPRISES, INC., CLASSIC 46, INC., REVEL BAR INDY LLC, BAR INDY LLC, MILO ENTERTAINMENT LLC, WHISTLE STOP INN INC., ISENTARK ENTERTAINMENT, LLC, NEW JOURNEY, LLC, BASEY LLC, 3135 HOLDINGS INC., D & D LUGAR INC., BEMBARS, INC., TAD INDY INC., I2V, LLC, R&D COMPANIES, INC. and JASON JENKINS.(SWM) |
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Filing 49
ORDER granting Plaintiffs' #48 Motion to Amend Complaint. The Court directs the Clerk to docket the amended complaint at Dkt. 48-1. Signed by Magistrate Judge Debra McVicker Lynch on 2/25/2021. (SWM)
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| Filing 48 Unopposed MOTION For Leave to Amend, First MOTION to Amend/Correct the Complaint, filed by Plaintiffs 3135 HOLDINGS INC., BAR INDY LLC, BASEY LLC, BEMBARS, INC., CLASSIC 46, INC., D & D LUGAR INC., I2V, LLC, ISENTARK ENTERTAINMENT, LLC, KORE ENTERPRISES, INC., MILO ENTERTAINMENT LLC, NEW JOURNEY, LLC, R&D COMPANIES, INC., REVEL BAR INDY LLC, TAD INDY INC., WHISTLE STOP INN INC.. (Attachments: #1 Exhibit Email, #2 Exhibit Plaintiffs' Amended Complaint, #3 Text of Proposed Order Proposed Order)(Bucheri, Richard) |
| Filing 47 Submission Defendant Marion County Public Health Department and Dr. Virginia Caine's Preliminary Witness and Exhibit List, filed by Defendants VIRGINIA CAINE, MARION COUNTY PUBLIC HEALTH DEPARTMENT. (Ricchiuto, Anne) |
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Filing 46
ORDER granting #45 Motion to Withdraw Attorney Appearance. Attorney Michael John Sullivan withdrawn. Signed by Magistrate Judge Debra McVicker Lynch on 1/28/2021. (SWM)
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| Filing 45 MOTION to Withdraw Attorney Appearance , filed by Defendants CITY OF INDIANAPOLIS, JOE HOGSETT. (Attachments: #1 Text of Proposed Order)(Sullivan, Michael) |
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Filing 44
ORDER - According to Federal Rule of Civil Procedure 5(d), disclosures made under Rule 26(a)(1) "must not be filed until they are used in the proceeding or the court orders filing." Therefore, the court STRIKES the Rule 26 initial disclosures filed by plaintiffs (Dkt. #38 ) on January 22, 2021, but acknowledges they were served. Further, according to Local Rule 26-2, "(d)iscovery materials (whether discovery requests, responses, or deposition transcripts) may not be filed with the court except in the following circumstances...." Therefore, the court directs the Clerk to STRIKE plaintiffs' request for production of documents (Dkt. #40 ) and interrogatories (Dkt. #41 ) filed on January 25, 2021. Signed by Magistrate Judge Debra McVicker Lynch on 1/25/2021.(SWM)
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Filing 43
ORDER granting #39 Motion to Withdraw Attorney Appearance. Attorney Anne Celeste Harrigan withdrawn. Signed by Magistrate Judge Debra McVicker Lynch on 1/25/2021. (SWM)
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Filing 42
Entry and Order from Status Conference - The parties, by counsel, appeared for a status conference on January 25, 2021, with the magistrate judge. The case management plan submitted by the parties on December 23, 2020 (Dkt. #34 ), is approved and ordered. This case is set for a telephone status conference on April 28, 2021 at 10:30 a.m. (Eastern), with 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. Signed by Magistrate Judge Debra McVicker Lynch. (JLS)
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| Filing 41 *** STRICKEN PER DKT. NUMBER #44 *** DISCOVERY Interrogatories to Defendant Dr. Virginia Caine, filed by Plaintiffs 3135 HOLDINGS INC., BAR INDY LLC, BASEY LLC, BEMBARS, INC., CLASSIC 46, INC., D & D LUGAR INC., I2V, LLC, ISENTARK ENTERTAINMENT, LLC, KORE ENTERPRISES, INC., MILO ENTERTAINMENT LLC, NEW JOURNEY, LLC, R&D COMPANIES, INC., REVEL BAR INDY LLC, TAD INDY INC., WHISTLE STOP INN INC..(Norman, John) Modified on 1/26/2021 (SWM). |
| Filing 40 *** STRICKEN PER DKT. NUMBER #44 *** REQUEST for Production of Documents, filed by Plaintiffs 3135 HOLDINGS INC., BAR INDY LLC, BASEY LLC, BEMBARS, INC., CLASSIC 46, INC., D & D LUGAR INC., I2V, LLC, ISENTARK ENTERTAINMENT, LLC, KORE ENTERPRISES, INC., MILO ENTERTAINMENT LLC, NEW JOURNEY, LLC, R&D COMPANIES, INC., REVEL BAR INDY LLC, TAD INDY INC., WHISTLE STOP INN INC..(Norman, John) Modified on 1/26/2021 (SWM). |
| Filing 39 MOTION to Withdraw Attorney Appearance , filed by Defendants CITY OF INDIANAPOLIS, JOE HOGSETT. (Attachments: #1 Text of Proposed Order)(Harrigan, Anne) |
| Filing 38 *** STRICKEN PER DKT. NUMBER #44 *** NOTICE of Filing Plaintiffs' Rule 26 Initial Disclosures by All Plaintiffs (Norman, John) Modified on 1/26/2021 (SWM). |
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Filing 36
ORDER granting City Defendants' #29 Motion for Judgment on the Pleadings. In summary, Plaintiffs fail to plausibly allege a claim against the City Defendants, and therefore the Court GRANTS the City Defendants' Motion for Judgment on the Pleadings. [Filing No. 29]. Having concluded that dismissal of the claims against the City Defendants is warranted under Fed. R. Civ. P. 12(c), the Court declines to address the remaining arguments raised by the City Defendants in support of dismissal, including their standing arguments under Fed. R. Civ. P. 12(b)(1). See Schuller v. Am.'s Wholesale Lender, 2015 WL 5316413, at *3 (N.D. Ill. Sept. 9, 2015). For the reasons explained in this Order, the City Defendants' Motion for Judgment on the Pleadings, #29 , is GRANTED. No partial final judgment will issue at this time. (See Order). Signed by Judge Jane Magnus-Stinson on 1/6/2021. (MAC)
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Filing 35
SCHEDULING ORDER: Status Conference set for 1/25/2021 02:00 PM (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. Signed by Magistrate Judge Debra McVicker Lynch on 12/28/2020.(SWM)
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| Filing 34 CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs 3135 HOLDINGS INC., BAR INDY LLC, BASEY LLC, BEMBARS, INC., CLASSIC 46, INC., D & D LUGAR INC., I2V, LLC, ISENTARK ENTERTAINMENT, LLC, KORE ENTERPRISES, INC., MILO ENTERTAINMENT LLC, NEW JOURNEY, LLC, R&D COMPANIES, INC., REVEL BAR INDY LLC, TAD INDY INC., WHISTLE STOP INN INC. . (Bucheri, Richard) |
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Filing 33
ORDER - The COVID-19 pandemic has affected nearly every person and business this this country over the last nine months, and this case presents a stark example of its devastating effects. The Court is indeed sympathetic to the hardships that the COVID-19 restrictions have placed on Plaintiffs, and this ruling in no way diminishes those hardships. The Court also recognizes the difficulties faced by public health officials charged with protecting the public health during these unprecedented times. That said, Plaintiffs have not presented a legal basis for the issuance of a preliminary injunction enjoining the restrictions placed upon them by Order 38-2020. For the reasons discussed in this Order, Plaintiffs' Motion to Remand, #12 , is DENIED, and Plaintiffs' Motion for Preliminary Injunctive Relief, #17 , is DENIED. (SEE ORDER). Signed by Judge Jane Magnus-Stinson on 12/22/2020. (MAC)
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| Filing 32 RESPONSE in Opposition re #29 MOTION for Judgment on the Pleadings , filed by Plaintiffs 3135 HOLDINGS INC., BAR INDY LLC, BASEY LLC, BEMBARS, INC., CLASSIC 46, INC., D & D LUGAR INC., I2V, LLC, ISENTARK ENTERTAINMENT, LLC, KORE ENTERPRISES, INC., MILO ENTERTAINMENT LLC, NEW JOURNEY, LLC, R&D COMPANIES, INC., REVEL BAR INDY LLC, TAD INDY INC., WHISTLE STOP INN INC.. (Bucheri, Richard) |
| Filing 31 ANSWER to Complaint (Notice of Removal) , filed by CITY OF INDIANAPOLIS, JOE HOGSETT.(Harrigan, Anne) |
| Filing 30 BRIEF/MEMORANDUM in Support re #29 MOTION for Judgment on the Pleadings , filed by Defendants CITY OF INDIANAPOLIS, JOE HOGSETT. (Harrigan, Anne) |
| Filing 29 MOTION for Judgment on the Pleadings , filed by Defendants CITY OF INDIANAPOLIS, JOE HOGSETT. (Harrigan, Anne) |
| Filing 28 ANSWER to Complaint (Notice of Removal) , filed by VIRGINIA CAINE, MARION COUNTY PUBLIC HEALTH DEPARTMENT.(Ricchiuto, Anne) |
| Filing 27 BRIEF/MEMORANDUM in Support of Plaintiffs' Motion for Preliminary Injunctive Relief (Reply), re #17 Brief/Memorandum in Support, filed by Plaintiffs 3135 HOLDINGS INC., BAR INDY LLC, BASEY LLC, BEMBARS, INC., CLASSIC 46, INC., D & D LUGAR INC., I2V, LLC, ISENTARK ENTERTAINMENT, LLC, KORE ENTERPRISES, INC., MILO ENTERTAINMENT LLC, NEW JOURNEY, LLC, R&D COMPANIES, INC., REVEL BAR INDY LLC, TAD INDY INC., WHISTLE STOP INN INC.. (Bucheri, Richard) |
| Filing 26 RESPONSE in Opposition Plaintiffs' Motion for Preliminary Injunction, filed by Defendants VIRGINIA CAINE, MARION COUNTY PUBLIC HEALTH DEPARTMENT. (Ricchiuto, Anne) |
| Filing 25 REPLY in Support of Motion re #12 MOTION to Remand , filed by Plaintiffs 3135 HOLDINGS INC., BAR INDY LLC, BASEY LLC, BEMBARS, INC., CLASSIC 46, INC., D & D LUGAR INC., I2V, LLC, ISENTARK ENTERTAINMENT, LLC, KORE ENTERPRISES, INC., MILO ENTERTAINMENT LLC, NEW JOURNEY, LLC, R&D COMPANIES, INC., REVEL BAR INDY LLC, TAD INDY INC., WHISTLE STOP INN INC.. (Bucheri, Richard) |
| Filing 24 NOTICE of Appearance by John Douglas Norman on behalf of Plaintiffs 3135 HOLDINGS INC., BAR INDY LLC, BASEY LLC, BEMBARS, INC., CLASSIC 46, INC., D & D LUGAR INC., I2V, LLC, ISENTARK ENTERTAINMENT, LLC, KORE ENTERPRISES, INC., MILO ENTERTAINMENT LLC, NEW JOURNEY, LLC, R&D COMPANIES, INC., REVEL BAR INDY LLC, TAD INDY INC., WHISTLE STOP INN INC.. (Norman, John) |
| Filing 23 NOTICE of Appearance by Michael John Sullivan on behalf of Defendants CITY OF INDIANAPOLIS, JOE HOGSETT. (Sullivan, Michael) |
| Filing 22 NOTICE of Parties' First Extension of Time, filed by Defendants CITY OF INDIANAPOLIS, JOE HOGSETT. (Harrigan, Anne) |
| Filing 21 RESPONSE in Opposition re #12 MOTION to Remand , filed by Defendants CITY OF INDIANAPOLIS, JOE HOGSETT. (Harrigan, Anne) |
| Filing 20 NOTICE OF AUTOMATIC ENLARGEMENT OF TIME, filed by Defendants VIRGINIA CAINE, MARION COUNTY PUBLIC HEALTH DEPARTMENT (Rauch, Jason) Modified on 10/14/2020 (JDH). |
| Filing 19 RESPONSE in Opposition re #12 MOTION to Remand , filed by Defendants VIRGINIA CAINE, MARION COUNTY PUBLIC HEALTH DEPARTMENT. (Ricchiuto, Anne) |
| Filing 18 Mail Returned as undeliverable. #9 Scheduling Order sent to Richard Bucheri, POINTER & BUCHERI, 2601 S. Shelby St. #2, Indianapolis, IN 46203. (JDH) |
| Filing 17 BRIEF/MEMORANDUM in Support of Plaintiffs' Previously Filed Motion for Preliminary Injunction, filed by Plaintiffs 3135 HOLDINGS INC., BAR INDY LLC, BASEY LLC, BEMBARS, INC., CLASSIC 46, INC., D & D LUGAR INC., I2V, LLC, ISENTARK ENTERTAINMENT, LLC, KORE ENTERPRISES, INC., MILO ENTERTAINMENT LLC, NEW JOURNEY, LLC, R&D COMPANIES, INC., REVEL BAR INDY LLC, TAD INDY INC., WHISTLE STOP INN INC.. (Bucheri, Richard) Modified on 10/29/2020 (MRI). |
| Filing 16 APPENDIX in Support of Plaintiffs' Motion for Preliminary Injunction Previously Filed by All Plaintiffs. (Attachments: #1 Exhibit Exhibit 1 - Executive Order 20-43, #2 Exhibit Exhibit 2 - Executive Order 20-32, #3 Exhibit Exhibit 3 - MCHD Public Health Order 16-2020, #4 Exhibit Exhibit 4 - Executive Order 20-35)(Bucheri, Richard) |
| Filing 15 BRIEF/MEMORANDUM in Support re #12 MOTION to Remand , filed by Plaintiffs 3135 HOLDINGS INC., BAR INDY LLC, BASEY LLC, BEMBARS, INC., CLASSIC 46, INC., D & D LUGAR INC., I2V, LLC, ISENTARK ENTERTAINMENT, LLC, KORE ENTERPRISES, INC., MILO ENTERTAINMENT LLC, NEW JOURNEY, LLC, R&D COMPANIES, INC., REVEL BAR INDY LLC, TAD INDY INC., WHISTLE STOP INN INC.. (Bucheri, Richard) |
| Filing 14 Appendix of Exhibits in Support of Motion re #12 MOTION to Remand , filed by Plaintiffs 3135 HOLDINGS INC., BAR INDY LLC, BASEY LLC, BEMBARS, INC., CLASSIC 46, INC., D & D LUGAR INC., I2V, LLC, ISENTARK ENTERTAINMENT, LLC, KORE ENTERPRISES, INC., MILO ENTERTAINMENT LLC, NEW JOURNEY, LLC, R&D COMPANIES, INC., REVEL BAR INDY LLC, TAD INDY INC., WHISTLE STOP INN INC.. (Attachments: #1 Exhibit Exhibit 1-Executive Order 20-02, #2 Exhibit Exhibit 2-Executive Order 20-04, #3 Exhibit Exhibit 3-MCHD Public Health Order 22-2020, #4 Exhibit Exhibit 4-MCHD Public Health Order 25-2020, #5 Exhibit Exhibit 5-MCHD Public Health Order 29-2020, #6 Exhibit Exhibit 6-MCHD Public Health Order 31-2020, #7 Exhibit Exhibit 7-MCHD Public Health Order 33-2020, #8 Exhibit Exhibit 8-Cox v. City of Indy Order on Remand, #9 Exhibit Exhibit 9-Barnes v. Hayse Order on Remand)(Bucheri, Richard) |
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Filing 13
Entry and Order from Status Conference - The parties, by counsel, appeared for a status conference on September 30, 2020, with the magistrate judge. The plaintiffs' brief in support of their motion for preliminary injunction is due October 7, 2020. The remainder of that briefing schedule is that supplied by Local Rule 7-1. Briefing of the motion for remand is governed by Rule 7-1. Signed by Magistrate Judge Debra McVicker Lynch. (JLS)
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| Filing 12 MOTION to Remand , filed by Plaintiffs 3135 HOLDINGS INC., BAR INDY LLC, BASEY LLC, BEMBARS, INC., CLASSIC 46, INC., D & D LUGAR INC., I2V, LLC, ISENTARK ENTERTAINMENT, LLC, KORE ENTERPRISES, INC., MILO ENTERTAINMENT LLC, NEW JOURNEY, LLC, R&D COMPANIES, INC., REVEL BAR INDY LLC, TAD INDY INC., WHISTLE STOP INN INC.. (Attachments: #1 Order on Motion to Remand)(Bucheri, Richard) |
| Filing 11 NOTICE of Appearance by Richard Bucheri on behalf of Plaintiffs 3135 HOLDINGS INC., BAR INDY LLC, BASEY LLC, BEMBARS, INC., CLASSIC 46, INC., D & D LUGAR INC., I2V, LLC, ISENTARK ENTERTAINMENT, LLC, KORE ENTERPRISES, INC., MILO ENTERTAINMENT LLC, NEW JOURNEY, LLC, R&D COMPANIES, INC., REVEL BAR INDY LLC, TAD INDY INC., WHISTLE STOP INN INC.. (Bucheri, Richard) |
| Filing 10 PRACTICES AND PROCEDURES before Judge Jane Magnus-Stinson. (JDH) |
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Filing 9
SCHEDULING ORDER: Status Conference set for 9/30/2020 11:00 AM (Eastern Time) in Telephonic before Magistrate Judge Debra McVicker Lynch. The parties shall attend the conference by calling 877-402-9753, access code 4693226. Copy to Richard Bucheri via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 9/28/2020.(SWM)
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| Filing 8 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) |
| Filing 7 NOTICE of Consent to Removal, filed by Defendants CITY OF INDIANAPOLIS, JOE HOGSETT (Harrigan, Anne) |
| Filing 6 NOTICE of Appearance by Anne Celeste Harrigan on behalf of Defendants CITY OF INDIANAPOLIS, JOE HOGSETT. (Harrigan, Anne) |
| Filing 5 NOTICE OF PENDING MOTIONS, filed by Defendants VIRGINIA CAINE, MARION COUNTY PUBLIC HEALTH DEPARTMENT, re #1 Notice of Removal. (Chinn, Anthony) |
| Filing 4 NOTICE of Appearance by Jason Rauch on behalf of Defendants VIRGINIA CAINE, MARION COUNTY PUBLIC HEALTH DEPARTMENT. (Rauch, Jason) |
| Filing 3 NOTICE of Appearance by Anne Kramer Ricchiuto on behalf of Defendants VIRGINIA CAINE, MARION COUNTY PUBLIC HEALTH DEPARTMENT. (Ricchiuto, Anne) |
| Filing 2 NOTICE of Appearance by Anthony Scott Chinn on behalf of Defendants VIRGINIA CAINE, MARION COUNTY PUBLIC HEALTH DEPARTMENT. (Chinn, Anthony) |
| Filing 1 NOTICE OF REMOVAL from Marion County Superior Court, Civil Division 6, case number 49D06-2009-CT-032943, filed by MARION COUNTY PUBLIC HEALTH DEPARTMENT, VIRGINIA CAINE. (Filing fee $400, receipt number 0756-6197626) (Attachments: #1 Exhibit A - State Court Record (Summons, Complaint), #2 Exhibit B - Verified Complaint for Damages, Declaratory Judgment, and Preliminary and Permanent Injunction, #3 Civil Cover Sheet )(Chinn, Anthony) Modified on 9/28/2020 (REO). |
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