L.W. et al v. ROMAN CATHOLIC ARCHDIOCESE OF INDIANAPOLIS, INC. et al
| L. W., J. P. and JOHN DOE |
| ROMAN CATHOLIC ARCHDIOCESE OF INDIANAPOLIS, INC. and RONCALLI HIGH SCHOOL, INC. |
| 1:2021cv02397 |
| September 7, 2021 |
| US District Court for the Southern District of Indiana |
| Mark J Dinsmore |
| Jane Magnus-Stinson |
| P.I.: Other |
| 20 U.S.C. § 1681 Title IX Educational Amendments - Sex Discrimination |
| Plaintiff |
Docket Report
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Filing 72
ORDER - Plaintiffs L.W. and J.P. are co-guardians of John Doe, an eighteen-year-old incapacitated adult with physical and mental impairments. John Doe attended school at Defendant Roncalli High School, Inc., a religious school operated by Defendant Roman Catholic Archdiocese of Indianapolis, Inc.. In the fall of 2019, while John Doe was a student at Roncalli and an equipment manager for the football team, two incidents occurred where John Doe alleges varsity football players bullied and sexually harassed him. L.W. and J.P. bring this action individually and as co-guardians of John Doe, alleging claims against Roncalli and the Archdiocese related to their response to the harassment and bullying John Doe alleges he experienced. Specifically, they allege that Defendants violated the Rehabilitation Act of 1973, 29 U.S.C. 794, et seq. and Title IX, 20 U.S.C. 1681, et seq.. [Filing No. #48 .] Plaintiffs also allege negligence claims against Defendants. [Filing No. #48 .] Roncalli and the Archdiocese have filed a Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6), seeking dismissal of all of Plaintiffs' claims. [Filing No. #50 .] That motion is now ripe for the Court's review. The Court finds that Plaintiffs have adequately alleged that John Doe faced discrimination on the basis of his sex, and that Defendants were deliberately indifferent to that discrimination. Accordingly, Defendants' Motion to Dismiss, #50 , is DENIED. The Court requests that the Magistrate Judge confer with the parties as soon as practicable regarding a possible resolution of this case short of trial. (See Order). Signed by Judge Jane Magnus-Stinson on 6/21/2022. (AKH)
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Filing 71
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 6/14/2022. Parties discussed status of discovery. Telephonic Status Conference set for 11/15/2022 at 11:30 AM (Eastern Time). *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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| Filing 69 RESPONSE re #65 Notice (Other) of Supplemental Authorities Supporting Defendants' Third Motion to Dismiss, filed by Plaintiffs J. P., L. W.. (Hadler, Ashley) |
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Filing 68
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 5/19/2022. Parties discussed status of discovery. Telephonic Status Conference set for 6/14/2022 at 2:30 PM (Eastern Time). *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 66
ORDER - Defendants Roman Catholic Archdiocese of Indianapolis, Inc. and Roncalli High School, Inc. have filed a Motion to Dismiss in this matter, which is fully briefed. [Filing No. #50 ; Filing No. #51 ; Filing No. #56 ; Filing No. #57 .] On May 13, 2022, Defendants filed a Notice of Supplemental Authorities Supporting Defendants' Third Motion to Dismiss (ECF #50). [Filing No. #65 .] In their Notice, Defendants discuss a United States Supreme Court decision and a Seventh Circuit decision, both of which were issued after the pending Motion to Dismiss was fully briefed. [Filing No. #65 .] Defendants' Notice is a supplemental brief, in which they apprise the Court of two recent cases and argue why they believe those cases support dismissal of this case. Local Rule 7-1 provides for the filing of a brief in support of a motion, a response brief, and a reply brief. S.D. Ind. L.R. 7-1. It does not authorize the filing of a supplemental brief after briefing is complete. The Court cautions counsel that Defendants should have sought leave of Court to file their Notice, and to file it as a brief, and that this practice must be followed in the future. In any event, the Court will consider Defendants' Notice, but only after giving Plaintiffs a chance to respond. The Court ORDERS Plaintiffs to file a response to Defendants' Notice, if any, by May 24, 2022. Plaintiffs' response shall not exceed three pages. Signed by Judge Jane Magnus-Stinson on 5/17/2022.(AKH)
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| Filing 65 NOTICE of Supplemental Authorities Supporting Defendants' Third Motion to Dismiss, filed by Defendants ROMAN CATHOLIC ARCHDIOCESE OF INDIANAPOLIS, INC., RONCALLI HIGH SCHOOL, INC., re #50 MOTION to Dismiss Plaintiffs' Second Amended Complaint Under Rule 12(B)(6). (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Terrell, Michael) |
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Filing 64
ORDER ON JOINT MOTION FOR CONTINUANCE OF TRIAL DATE - The parties, by counsel, having filed their Joint Motion for Continuance of Trial Date, and the Court being duly advised in the premises, now finds that the Motion [ #63 ] should be GRANTED. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the pre-trial conference set for February 24, 2023 and the trial set for March 20, 2023, are hereby continued. This matter is reset for a four (4) day Jury Trial beginning the 26th day of June, 2023, at 9:00 a.m. EST. and the final pre-trial conference reset for the 31st day of May, 2023, at 11:00 a.m. EST. in room 202, U.S. Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. Signed by Judge Jane Magnus-Stinson on 4/27/2022.(SWM)
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| Filing 63 Joint MOTION for Continuance of Trial Date, filed by Plaintiffs J. P., L. W.. (Attachments: #1 Text of Proposed Order)(Hadler, Ashley) |
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Filing 62
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Hearing re #59 Parties' Joint Motion for Extension of Certain Case Management Deadlines held on 4/19/2022. Following discussion with parties, Court hereby GRANTS motion. Approved Case Management Plan #26 is amended. Statement of Claims or Defenses due by 8/16/2022. Discovery due by 8/9/2022. Dispositive Motions due by 9/6/2022. On or before 5/3/2022, parties shall file joint motion to continue trial. Telephonic Status Conference set for 5/5/2022 is CONTINUED to 5/19/2022 at 3:00 PM (Eastern Time). *SEE ORDER FOR ALL AMENDED DEADLINES.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 60
SCHEDULING ORDER: The Parties' Joint Motion for Extension of Certain Case Management Deadlines #59 is set for a Telephonic Hearing on 4/19/2022 at 2:00 PM (Eastern Time). *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore on 4/14/2022. (GD)
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| Filing 59 Joint MOTION for Extension of Time to Certain Case Management Deadlines, filed by Defendants ROMAN CATHOLIC ARCHDIOCESE OF INDIANAPOLIS, INC., RONCALLI HIGH SCHOOL, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Terrell, Michael) |
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Filing 58
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Settlement Conference held on 4/7/2022. Settlement was not achieved. Telephonic Status Conference set for 5/5/2022 at 3:00 PM (Eastern Time). *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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| Filing 57 REPLY in Support of Motion re #50 MOTION to Dismiss Plaintiffs' Second Amended Complaint Under Rule 12(B)(6) , filed by Defendants ROMAN CATHOLIC ARCHDIOCESE OF INDIANAPOLIS, INC., RONCALLI HIGH SCHOOL, INC.. (Terrell, Michael) |
| Filing 56 RESPONSE in Opposition re #50 MOTION to Dismiss Plaintiffs' Second Amended Complaint Under Rule 12(B)(6) , filed by Plaintiffs J. P., L. W.. (Hadler, Ashley) |
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Filing 55
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 3/3/2022. Parties discussed status of discovery & readiness for upcoming settlement conference. Conference concluded without further order. Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 54
AMENDED SCHEDULING ORDER: This matter is currently set for an in-person Settlement Conference on Thursday, April 7, 2022 at 9:00 a.m. (Eastern). The Court, sua sponte, hereby CONVERTS the settlement conference from in person to telephonic; all other requirements of the Court's Order scheduling the settlement conference [Dkt. #25 ] remain in effect, and all persons required to appear thereby shall appear by telephone for the settlement conference via call-in information to be separately provided. Signed by Magistrate Judge Mark J. Dinsmore on 3/1/2022.(SWM)
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| Filing 52 TRIAL SETTING AND NOTICE OF FINAL PRETRIAL CONFERENCE. Final Pretrial Conference set for 2/24/2023 at 09:00 AM in room #202, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Jane Magnus-Stinson. Jury Trial set for 3/20/2023 at 09:00 AM in room #202, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Jane Magnus-Stinson. Counsel are reminded of the required pretrial preparation deadlines set forth in the case management plan dkt. #26 . Counsel are further reminded to review the undersigned's Practices and Procedures, available at dkt. #5 . Signed by Judge Jane Magnus-Stinson on 3/1/2022. (MAC) |
| Filing 51 BRIEF/MEMORANDUM in Support re #50 MOTION to Dismiss Plaintiffs' Second Amended Complaint Under Rule 12(B)(6) , filed by Defendants ROMAN CATHOLIC ARCHDIOCESE OF INDIANAPOLIS, INC., RONCALLI HIGH SCHOOL, INC.. (Terrell, Michael) |
| Filing 50 MOTION to Dismiss Plaintiffs' Second Amended Complaint Under Rule 12(B)(6), filed by Defendants ROMAN CATHOLIC ARCHDIOCESE OF INDIANAPOLIS, INC., RONCALLI HIGH SCHOOL, INC.. (Terrell, Michael) |
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Filing 49
AMENDED ORDER re #47 - For the foregoing reasons, the Court GRANTS Plaintiffs' Motion for Leave to File Second Amended Complaint. [41.] The Clerk has docketed Plaintiffs' Second Amended Complaint, [Filing No. 41-1], as a separate docket entry. [Filing No. #48 .] Defendants' Motion to Dismiss directed at Plaintiffs' First Amended Complaint, #27 , is DENIED AS MOOT. Defendants shall answer or otherwise respond to the Second Amended Complaint in accordance with the Federal Rules of Civil Procedure. (See Order). Signed by Judge Jane Magnus-Stinson on 2/7/2022. (MAC)
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| Filing 48 SECOND AMENDED COMPLAINT against ROMAN CATHOLIC ARCHDIOCESE OF INDIANAPOLIS, INC., RONCALLI HIGH SCHOOL, INC., filed by L. W., J. P. (MAC) |
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Filing 47
ORDER - For the foregoing reasons, the Court GRANTS Plaintiffs' Motion for Leave to File Second Amended Complaint. [41.] The Clerk is DIRECTED to docket Plaintiffs' Second Amended Complaint, [Filing No. 41-1], as a separate docket entry. Defendants' Motion to Dismiss directed at Plaintiffs' First Amended Complaint, #27 , is DENIED AS MOOT. Defendants shall answer or otherwise respond to the Second Amended Complaint in accordance with the Federal Rules of Civil Procedure. (See Order). Signed by Judge Jane Magnus-Stinson on 2/4/2022. (MAC)
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| Filing 46 REPLY in Support of Motion re #41 MOTION for Leave to File Second Amended Complaint , filed by Plaintiffs J. P., L. W.. (Hadler, Ashley) |
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Filing 45
STIPULATED PROTECTIVE ORDER #44 Approved as Amended and Entered as an Order of the Court. Signed by Magistrate Judge Mark J. Dinsmore on 1/31/2022.(SWM)
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| Filing 44 Joint MOTION for Protective Order , filed by Plaintiffs JOHN DOE, J. P., L. W.. (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order)(Hadler, Ashley) |
| Filing 43 RESPONSE in Opposition re #41 MOTION for Leave to File Second Amended Complaint , filed by Defendants ROMAN CATHOLIC ARCHDIOCESE OF INDIANAPOLIS, INC., RONCALLI HIGH SCHOOL, INC.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Terrell, Michael) |
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Filing 42
SCHEDULING ORDER: This matter is before the Court on Plaintiffs' Motion for Leave to File Second Amended Complaint. Any response to the Motion is due by 1/31/2022. Any reply in support of the Motion is due by 2/4/2022. Signed by Magistrate Judge Mark J. Dinsmore on 1/24/2022. (GD)
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| Filing 41 MOTION for Leave to File Second Amended Complaint, filed by Plaintiffs JOHN DOE, J. P., L. W.. (Attachments: #1 Proposed Second Amended Complaint, #2 Proposed Order Granting Plaintiffs' Motion for Leave to File Second Amended Complaint)(Hadler, Ashley) |
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Filing 40
ORDER denying #39 Defendants' Motion to Stay Discovery Pending Resolution of Their Motion to Dismiss. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore on 1/18/2022. (GD)
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| Filing 39 MOTION to Stay Defendants' Motion for a Stay of Discovery Pending Resolution of Their Motion to Dismiss, filed by Defendants ROMAN CATHOLIC ARCHDIOCESE OF INDIANAPOLIS, INC., RONCALLI HIGH SCHOOL, INC.. (Terrell, Michael) |
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Filing 38
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 1/13/2022. Parties discussed status of discovery. Telephonic Status Conference set for 3/3/2022 at 3:30 PM (Eastern Time) to discuss parties' readiness for upcoming settlement conference. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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| Filing 36 Exhibit List Preliminary, filed by Defendants ROMAN CATHOLIC ARCHDIOCESE OF INDIANAPOLIS, INC., RONCALLI HIGH SCHOOL, INC., Witness List Preliminary, filed by Defendants ROMAN CATHOLIC ARCHDIOCESE OF INDIANAPOLIS, INC., RONCALLI HIGH SCHOOL, INC.. (Terrell, Michael) |
| Filing 35 REPLY in Support of Motion re #27 MOTION to Dismiss Plaintiffs' Amended Complaint , filed by Defendants ROMAN CATHOLIC ARCHDIOCESE OF INDIANAPOLIS, INC., RONCALLI HIGH SCHOOL, INC.. (Terrell, Michael) |
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Filing 34
ORDER STRIKING STIPULATED PROTECTIVE ORDER re #32 . Signed by Magistrate Judge Mark J. Dinsmore on 12/16/2021.(CBU)
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| Filing 33 RESPONSE in Opposition re #27 MOTION to Dismiss Plaintiffs' Amended Complaint , filed by Plaintiffs JOHN DOE, J. P., L. W.. (Hadler, Ashley) |
| Filing 32 ***STRICKEN PER ORDER OF 12/16/2021*** MOTION for Protective Order , filed by Plaintiffs JOHN DOE, J. P., L. W.. (Hadler, Ashley) Modified on 12/16/2021 (CBU). |
| Filing 31 Witness List , filed by Plaintiffs JOHN DOE, J. P., L. W.. (Hadler, Ashley) |
| Filing 30 Exhibit List , filed by Plaintiffs JOHN DOE, J. P., L. W.. (Hadler, Ashley) |
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Filing 29
ORDER granting Plaintiffs' #18 Motion to Proceed Under Pseudonyms. See Order for details. Signed by Magistrate Judge Mark J. Dinsmore on 12/1/2021. (SWM)
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| Filing 28 BRIEF/MEMORANDUM in Support re #27 MOTION to Dismiss Plaintiffs' Amended Complaint , filed by Defendants ROMAN CATHOLIC ARCHDIOCESE OF INDIANAPOLIS, INC., RONCALLI HIGH SCHOOL, INC.. (Terrell, Michael) |
| Filing 27 MOTION to Dismiss Plaintiffs' Amended Complaint, filed by Defendants ROMAN CATHOLIC ARCHDIOCESE OF INDIANAPOLIS, INC., RONCALLI HIGH SCHOOL, INC.. (Terrell, Michael) |
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Filing 26
ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED: Dispositive Motions due by 6/6/2022. Discovery due by 5/9/2022. *SEE ALL DEADLINES.* Signed by Magistrate Judge Mark J. Dinsmore on 11/23/2021. (GD)
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Filing 25
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Initial Pretrial Conference held on 11/23/2021. Approved Case Management Plan with parties' agreed changes to be entered by separate order. In light of filing of #23 Plaintiffs' Amended Complaint, #13 Defendants' Motion to Dismiss is DENIED AS MOOT. Telephonic Status Conference set for 1/13/2022 at 4:30 PM (Eastern Time). Settlement Conference set for 4/7/2022 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)
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Filing 24
ORDER Regarding Protective Orders. Signed by Magistrate Judge Mark J. Dinsmore on 11/23/2021.(CBU)
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| Filing 23 AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs.(Hadler, Ashley) |
| Filing 21 NOTICE Defendants' Notice of Non-Objection to Plaintiffs' Motion Under Local Rule 10-1 to Proceed Under Pseudonyms, filed by Defendants ROMAN CATHOLIC ARCHDIOCESE OF INDIANAPOLIS, INC., RONCALLI HIGH SCHOOL, INC. (Terrell, Michael) |
| Filing 20 Proposed CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs JOHN DOE, J. P., L. W. . (Hadler, Ashley) |
| Filing 19 BRIEF/MEMORANDUM in Support re #18 MOTION TO PROCEED UNDER PSEUDONYMS , filed by Plaintiffs JOHN DOE, J. P., L. W.. (Hadler, Ashley) |
| Filing 18 MOTION TO PROCEED UNDER PSEUDONYMS, filed by Plaintiffs JOHN DOE, J. P., L. W.. (Attachments: #1 Text of Proposed Order)(Hadler, Ashley) |
| Filing 17 SEALED NOTICE OF INTENTION TO SEEK LEAVE TO PROCEED UNDER PSEUDONYMS, filed by Plaintiffs JOHN DOE, J. P., L. W.. (Hadler, Ashley) |
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Filing 16
SCHEDULING ORDER: Initial Pretrial Conference set for 11/23/2021 10:30 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 seven 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 information). Signed by Magistrate Judge Mark J. Dinsmore on 11/8/2021.(SWM)
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Filing 15
ORDER TO COMPLY WITH LOCAL RULE 10-1 - On September 7, 2021, Plaintiffs filed their Complaint and Demand for Jury Trial under the pseudonyms "L.W., J.P., and John Doe". [Dkt. 1.] Plaintiffs failed to comply with Local Rule 10-1. On or before November 15, 2021, Plaintiffs are ordered to file the requisite notice and motion as set forth under Local Rule 10-1(a) and (b); Defendants shall file any response thereto on or before November 19, 2021. See Order for additional information. Signed by Magistrate Judge Mark J. Dinsmore on 11/8/2021.(SWM)
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| Filing 14 BRIEF/MEMORANDUM in Support re #13 MOTION to Dismiss Plaintiffs' Complaint , filed by Defendants ROMAN CATHOLIC ARCHDIOCESE OF INDIANAPOLIS, INC., RONCALLI HIGH SCHOOL, INC.. (Terrell, Michael) |
| Filing 13 MOTION to Dismiss Plaintiffs' Complaint, filed by Defendants ROMAN CATHOLIC ARCHDIOCESE OF INDIANAPOLIS, INC., RONCALLI HIGH SCHOOL, INC.. (Terrell, Michael) |
| Filing 12 NOTICE of Unopposed Automatic Initial Extension of Time to Respond to Plaintiff's Complaint, filed by Defendants ROMAN CATHOLIC ARCHDIOCESE OF INDIANAPOLIS, INC., RONCALLI HIGH SCHOOL, INC. (Murphy, Andrew) |
| Filing 11 Corporate Disclosure Statement by RONCALLI HIGH SCHOOL, INC.. (Murphy, Andrew) |
| Filing 10 Corporate Disclosure Statement by ROMAN CATHOLIC ARCHDIOCESE OF INDIANAPOLIS, INC.. (Murphy, Andrew) |
| Filing 9 NOTICE of Appearance by Andrew S. Murphy on behalf of Defendants ROMAN CATHOLIC ARCHDIOCESE OF INDIANAPOLIS, INC., RONCALLI HIGH SCHOOL, INC.. (Murphy, Andrew) |
| Filing 8 NOTICE of Appearance by Michael C. Terrell on behalf of Defendants ROMAN CATHOLIC ARCHDIOCESE OF INDIANAPOLIS, INC., RONCALLI HIGH SCHOOL, INC.. (Terrell, Michael) |
| Filing 7 RETURN of Service by CMRRR, filed by All Plaintiffs. RONCALLI HIGH SCHOOL, INC. served on 9/13/2021. (Hadler, Ashley) |
| Filing 6 RETURN of Service by CMRRR, filed by All Plaintiffs. ROMAN CATHOLIC ARCHDIOCESE OF INDIANAPOLIS, INC. served on 9/13/2021. (Hadler, Ashley) |
| Filing 5 PRACTICES AND PROCEDURES before Judge Jane Magnus-Stinson. (MAC) |
| Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (LMK) |
| Filing 3 Summons Issued as to ROMAN CATHOLIC ARCHDIOCESE OF INDIANAPOLIS, INC., RONCALLI HIGH SCHOOL, INC.. (LMK) |
| Filing 2 NOTICE of Appearance by Ashley N. Hadler on behalf of Plaintiffs JOHN DOE, J. P., L. W.. (Hadler, Ashley) |
| Filing 1 COMPLAINT against All Defendants, filed by All Plaintiffs. (Filing fee $402, receipt number 0756-6735544) (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Hadler, Ashley) |
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