NOVIT et al v. METROPOLITAN SCHOOL DISTRICT OF WARREN TOWNSHIP
Plaintiff: COLLEEN NOVIT, DANIEL NOVIT and E.N.
Defendant: METROPOLITAN SCHOOL DISTRICT OF WARREN TOWNSHIP
Case Number: 1:2021cv02168
Filed: August 3, 2021
Court: US District Court for the Southern District of Indiana
Presiding Judge: Tim A Baker
Referring Judge: Tanya Walton Pratt
Nature of Suit: Civil Rights: Education
Cause of Action: 20 U.S.C. ยง 1400
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 21, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 21, 2021 Opinion or Order Filing 22 ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Parties appeared by counsel on 9/16/2021, for a Telephonic Initial Pretrial Conference. Dispositive Motions due by 7/3/2022. Discovery due by 6/3/2022. Status Conference set for 2/16/2022 11:00 AM in Telephonic before Magistrate Judge Tim A. Baker. Signed by Magistrate Judge Tim A. Baker on 9/21/2021.(SWM)
September 13, 2021 Filing 20 JOINT CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs COLLEEN NOVIT, DANIEL NOVIT . (Tate, Brandon)
September 2, 2021 Filing 19 ANSWER and Affirmative Defenses to Plaintiffs' Amended Complaint, filed by Defendant METROPOLITAN SCHOOL DISTRICT OF WARREN TOWNSHIP. (Billingsley, Jessica)
August 24, 2021 Opinion or Order Filing 18 ORDER ON PLAINTIFFS' MOTION FOR SANCTIONS ON SPOLIATION - Defendant argues that it preserved the relevant footage and acted reasonably by saving the relevant portion and then placing the bus hard drive back into operation. [Filing No. #15 , at ECF p. 3.] At this point, the Court sees no evidence to support Plaintiffs' blanket accusation of spoliation. Such a blanket, unsupported accusation falls way short of the requirement for a spoliation sanction to be considered under Fed. R. Civ. P. 37(e). Accordingly, Plaintiffs' motion for sanctions on spoliation is denied without prejudice, [Filing No. #11 ], but Plaintiffs should not view this "without prejudice" designation as an invitation to renew their motion. See Order for additional information. Signed by Magistrate Judge Tim A. Baker on 8/24/2021. (SWM)
August 19, 2021 Opinion or Order Filing 17 ORDER SETTING TELEPHONIC INITIAL PRETRIAL CONFERENCE - This case is assigned for a telephonic initial pretrial conference before United States Magistrate Judge Tim A. Baker on September 16, 2021, at 10 a.m. (Eastern Time). Parties shall participate in this conference by counsel. The information needed by counsel of record to participate in this telephonic conference will be provided by separate notification. 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 8/19/2021.(MGG)
August 18, 2021 Filing 16 Submission of State Court Record from Marion Superior Court in case number 49D05-1904-CT-015570. (AKH)
August 11, 2021 Filing 15 RESPONSE in Opposition re #11 MOTION for Sanctions on Spoliation , filed by Defendant METROPOLITAN SCHOOL DISTRICT OF WARREN TOWNSHIP. (Billingsley, Jessica)
August 10, 2021 Opinion or Order Filing 14 Order Denying Plaintiffs' #8 Motion for Remand as Moot - Plaintiffs, having filed their Motion for Remand [Dkt. No. #8 ], and subsequently filing their Notice of Withdrawal of said motion [Dkt. No. #10 ], and the Court being duly advised therein hereby DENIES the Motion for Remand [Dkt. No. #8 ] as moot. Signed by Judge Tanya Walton Pratt on 8/10/2021. (AKH)
August 10, 2021 Filing 13 Submission of Proposed Order Granting Default, re #11 MOTION for Sanctions on Spoliation, filed by Plaintiffs COLLEEN NOVIT, DANIEL NOVIT. (Tate, Brandon)
August 10, 2021 Filing 12 Submission of Proposed Order Granting Instruction, re #11 MOTION for Sanctions on Spoliation, filed by Plaintiffs COLLEEN NOVIT, DANIEL NOVIT. (Tate, Brandon)
August 9, 2021 Filing 11 MOTION for Sanctions on Spoliation, filed by Plaintiffs COLLEEN NOVIT, DANIEL NOVIT. (Attachments: #1 Exhibit A - Spolitation Letter, #2 Exhibit B - Certified Mail Receipt, #3 Exhibit C - Green Card Receipts, #4 Exhibit D - Corr from Liberty Mutual, #5 Exhibit E - 11162020 Corr to Def, #6 Exhibit F - 111620202 Corr from Def, #7 Exhibit G - 01112021 Corr from Def, #8 Exhibit H - 06152021 Corr to Def, #9 Exhibit I - 06152021 Corr from Def, #10 Exhibit J - 07012021 Corr from Def, #11 Exhibit K - 07012021 Corr from Def, #12 Exhibit L - 07012021 Corr from Def, #13 State Court Record Defendant's Response to Motion for Sanctions on Spoliation)(Tate, Brandon)
August 9, 2021 Filing 10 NOTICE of Withdrawal of Motion, filed by Plaintiffs COLLEEN NOVIT, DANIEL NOVIT, re #8 MOTION to Remand . (Attachments: #1 Text of Proposed Order) (Tate, Brandon)
August 9, 2021 Filing 9 RESPONSE in Opposition re #8 MOTION to Remand , filed by Defendant METROPOLITAN SCHOOL DISTRICT OF WARREN TOWNSHIP. (Attachments: #1 Text of Proposed Order Denying Motion to Remand)(Billingsley, Jessica) Modified on 8/10/2021 - took out duplicate docket text (AKH).
August 8, 2021 Filing 8 MOTION to Remand , filed by Plaintiffs COLLEEN NOVIT, DANIEL NOVIT. (Attachments: #1 Exhibit 1 - Green Card, #2 Text of Proposed Order)(Tate, Brandon)
August 4, 2021 Filing 7 MARGINAL ENTRY - regarding #4 Notice of Pending State Court Motions. Counsel is directed to re-file, in this case, any pending motion and the supplemental briefing. Signed by Judge Tanya Walton Pratt on 8/4/2021. (AKH)
August 4, 2021 Filing 6 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (LMK)
August 3, 2021 Filing 5 CIVIL COVER SHEET , filed by Defendant METROPOLITAN SCHOOL DISTRICT OF WARREN TOWNSHIP. (Billingsley, Jessica)
August 3, 2021 Filing 4 NOTICE of Pending State Court Motions, filed by Defendant METROPOLITAN SCHOOL DISTRICT OF WARREN TOWNSHIP (Billingsley, Jessica)
August 3, 2021 Filing 3 NOTICE of Appearance by Samuel Roy Robinson on behalf of Defendant METROPOLITAN SCHOOL DISTRICT OF WARREN TOWNSHIP. (Robinson, Samuel)
August 3, 2021 Filing 2 NOTICE of Appearance by Jessica L. Billingsley on behalf of Defendant METROPOLITAN SCHOOL DISTRICT OF WARREN TOWNSHIP. (Billingsley, Jessica)
August 3, 2021 Filing 1 NOTICE OF REMOVAL from Marion County Superior 5, case number 49D05-1904-CT-15570, filed by All Defendants. (Filing fee $402, receipt number 0756-6683590) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Billingsley, Jessica) Modified on 8/4/2021 (LMK).

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Plaintiff: COLLEEN NOVIT
Represented By: Brandon Eric Tate
Represented By: Kevin Michael Bowen
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Plaintiff: DANIEL NOVIT
Represented By: Brandon Eric Tate
Represented By: Kevin Michael Bowen
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Plaintiff: E.N.
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Defendant: METROPOLITAN SCHOOL DISTRICT OF WARREN TOWNSHIP
Represented By: Samuel Roy Robinson
Represented By: Jessica L. Billingsley
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