BIELA et al v. INDIANA GAMING COMMISSION et al
| DAVE BIELA and CLAUDIA BIELA |
| INDIANA GAMING COMMISSION, PHIL LAUX, JEFF FRANKLIN, T RUBESHA, AL WILLIAMSON and T. RUBESHA |
| 1:2021cv02053 |
| July 16, 2021 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| Sarah Evans Barker |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 4, 2022. A more recent docket listing may be available from PACER.
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Filing 15
SCHEDULING ORDER - Final Pretrial Conference set for 12/6/2022 02:00 PM in room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker. Jury Trial set for 12/19/2022 09:30 AM in room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker. (CKM)
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| Filing 14 AMENDED COMPLAINT, filed by Plaintiffs CLAUDIA BIELA, DAVE BIELA. (Nicholson, Mark) Modified on 9/7/2021 (LDH). |
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Filing 13
ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Telephonic Initial Pretrial Conference held on 8/19/2021. Dispositive Motions due by 4/18/2022. Discovery due by 3/16/2022. Status Conference set for 9/22/2021 11:00 AM in Telephonic before Magistrate Judge Tim A. Baker. Given the shortcomings in Plaintiffs' complaint allegations, the Court ordered Plaintiffs to file an amended complaint by September 3, 2021. As a result, Defendants' motion to dismiss [Filing No. #4 ] is denied as moot. The Court also denied Plaintiffs' counsel's motion to withdraw [Filing No. #9 ], finding that such a motion is premature given the early stage of this case. This denial is without prejudice to Plaintiffs' counsel's ability to renew this motion, and the Court encouraged Plaintiffs to explore whether they can obtain replacement counsel. Plaintiffs' motion to withdraw their motion to dismiss [Filing No. #12 ] is granted, and Plaintiffs' motion to dismiss [Filing No. #8 ] is withdrawn. In preparation for the September 22, 2021, telephonic status conference, Defendants shall serve a settlement response by September 17, 2021, and provide a copy to the magistrate judge (MJBaker@insd.uscourts.gov). Signed by Magistrate Judge Tim A. Baker on 8/20/2021.(SWM)
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| Filing 12 First MOTION to Withdraw #8 First MOTION to Dismiss without prejudice Motion to Withdraw Motion to Dismiss, filed by Plaintiffs CLAUDIA BIELA, DAVE BIELA. (Attachments: #1 Text of Proposed Order Proposed Order on Motion to Withdraw Motion)(Nicholson, Mark) |
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Filing 10
ORDER - The Court, on its own motion, reassigns the August 19, 2021, initial pretrial conference to be held by TELEPHONE. The information needed by counsel of record and their clients to participate in this conference will be provided by separate notification. All other requirements and deadlines set forth in the Court order of July 30, 2021, remain in effect. [Filing No. 6.]. Signed by Magistrate Judge Tim A. Baker on 8/17/2021.(MGG)
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| Filing 9 First MOTION to Withdraw Attorney Appearance of Counsel, filed by Plaintiffs CLAUDIA BIELA, DAVE BIELA. (Attachments: #1 Cover Letter Withdraw Letter, #2 Text of Proposed Order to Withdraw)(Nicholson, Mark) Modified on 8/17/2021 (CKM). |
| Filing 8 *** WITHDRAWN PER DKT. NUMBER #13 *** First MOTION to Dismiss without prejudice, filed by Plaintiffs CLAUDIA BIELA, DAVE BIELA. (Attachments: #1 Text of Proposed Order Pltf Order to Dismiss Without Prejudice)(Nicholson, Mark) Modified on 8/20/2021 (SWM). |
| Filing 7 Proposed CASE MANAGEMENT PLAN TENDERED, filed by Defendants JEFF FRANKLIN, INDIANA GAMING COMMISSION, PHIL LAUX, T. RUBESHA, AL WILLIAMSON . (Jimenez, Gustavo) |
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Filing 6
ORDER SETTING INITIAL PRETRIAL CONFERENCE - This case is assigned for an initial pretrial conference before United States Magistrate Judge Tim A. Baker on August 19, 2021, at 10:30 a.m. in Room 234, Birch Bayh Federal Building and United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana. The parties shall file the proposed CMP no less than three days prior to the pretrial conference. **SEE ORDER. Signed by Magistrate Judge Tim A. Baker on 7/30/2021.(MGG)
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| Filing 5 BRIEF/MEMORANDUM in Support re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants JEFF FRANKLIN, INDIANA GAMING COMMISSION, PHIL LAUX, T. RUBESHA, AL WILLIAMSON. (Jimenez, Gustavo) |
| Filing 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants JEFF FRANKLIN, INDIANA GAMING COMMISSION, PHIL LAUX, T. RUBESHA, AL WILLIAMSON. (Attachments: #1 Text of Proposed Order ORDER GRANTING DEFENDANTS' MOTION TO DISMISS)(Jimenez, Gustavo) |
| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) |
| Filing 2 NOTICE of Appearance by Gustavo Angel Jimenez on behalf of Defendants JEFF FRANKLIN, INDIANA GAMING COMMISSION, PHIL LAUX, T RUBESHA, AL WILLIAMSON. (Jimenez, Gustavo) |
| Filing 1 NOTICE OF REMOVAL from Marion Superior Court 2, case number 49D02-2105-CT-016410, filed by T RUBESHA, INDIANA GAMING COMMISSION, JEFF FRANKLIN, PHIL LAUX, AL WILLIAMSON. (Filing fee $402, receipt number 0756-6659896) (Attachments: #1 Exhibit A: Removal Packet- Copies of All Pleadings in State Court, Docket sheet for State Matter, and Civil Action Cover Sheet)(Jimenez, Gustavo) |
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