K.M. et al v. ROBISON et al
| K. M. and WILLIAM MACKIE |
| SCOTT ROBISON, DEBBIE UNGAR, MICHAEL COUSSENS, MICHAEL BERG, JEFF PAPA, KATIE AESCHLIMAN and ZIONSVILLE COMMUNITY SCHOOLS BOARD OF EDUCTION |
| 1:2021cv02469 |
| September 20, 2021 |
| US District Court for the Southern District of Indiana |
| Debra McVicker Lynch |
| James R Sweeney |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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Filing 19
ORDER on Pending Matters - The amended complaint filed in this case asserts claims by Mr. Mackie, both on his own behalf and on behalf of his minor daughter. On November 4, 2021, the court issued an order noting that claims brought on behalf of the minor by and through her parent in a representative capacity require the representative to have counsel (Dkt. #16 ). That order also gave the parent representative until December 6, 2021, to obtain counsel for those claims. On November 9, 2021, Mr. Mackie filed a response to that order that, among other things, requests the dismissal of the claims of his daughter while reserving the right to re-file her claims with counsel later. (Dkt. #17 ) Dismissal is unnecessary in this instance because clarity in the pleadings will be served by Mr. Mackie filing a second amended complaint asserting his individual claims only, and the court hereby grants him leave to do so. He shall make this filing by December 3, 2021, and the defendants shall respond to it within the time permitted by Fed.R.Civ.P. 15(a)(3). On November 15, 2021, the defendants filed a motion for a 14-day extension, to December 13, 2021, to respond to the amended complaint. (Dkt. 18) The defendants recite in support of that motion that they are "uncertain what to make of the state of the docket." The filing of a second amended complaint will make the extension sought unnecessary, so the motion at Dkt. #18 is DENIED AS MOOT. See Order for additional information. Copy to Plaintiffs via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 11/17/2021. (SWM)
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| Filing 18 MOTION for Extension of Time to December 13, 2021 in which to #15 Amended Complaint , filed by Defendants KATIE AESCHLIMAN, MICHAEL BERG, MICHAEL COUSSENS, JEFF PAPA, SCOTT ROBISON, DEBBIE UNGAR, ZIONSVILLE COMMUNITY SCHOOLS BOARD OF EDUCTION. (Attachments: #1 Text of Proposed Order)(Pinegar, Alexander) |
| Filing 17 RESPONSE re #16 Order filed by Plaintiffs K. M., WILLIAM MACKIE. (JDC) |
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Filing 16
ORDER Requiring K.M. to be Represented by Counsel - Plaintiff William Mackie has filed this lawsuit on behalf of himself and his daughter, as her next friend. Because Mr. Mackie is acting in a representative capacity for his daughter, he must be represented by counsel. See Elustra v. Mineo, 595 F.3d 699, 705 (7th Cir. 2010) (non-attorney parent must be represented by counsel in bringing a lawsuit on behalf of his child). The court will allow Mr. Mackie time to obtain counsel. An attorney must appear for him in his representative capacity on behalf of his daughter by December 6, 2021. Copy to William Mackie via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 11/4/2021.(SWM)
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| Filing 15 AMENDED COMPLAINT filed by WILLIAM MACKIE, K. M..(JDC) |
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Filing 14
ORDER granting Defendants' #13 Motion for Extension of Time to File response to complaint to 11/29/2021. Copy Plaintiffs via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 10/20/2021. (SWM)
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| Filing 13 First MOTION for Extension of Time to November 29, 2021 in which to #1 Complaint , filed by Defendants KATIE AESCHLIMAN, MICHAEL BERG, MICHAEL COUSSENS, JEFF PAPA, SCOTT ROBISON, DEBBIE UNGAR, ZIONSVILLE COMMUNITY SCHOOLS BOARD OF EDUCTION. (Attachments: #1 Text of Proposed Order)(Pinegar, Alexander) |
| Filing 12 NOTICE of Appearance by Alexander Phillip Pinegar on behalf of Defendants KATIE AESCHLIMAN, MICHAEL BERG, MICHAEL COUSSENS, JEFF PAPA, SCOTT ROBISON, DEBBIE UNGAR, ZIONSVILLE COMMUNITY SCHOOLS BOARD OF EDUCTION. (Pinegar, Alexander) |
| Filing 11 AFFIDAVIT of R. Roberti. (JDC) |
| Filing 10 AFFIDAVIT of B Shaver re 3rd Grader. (JDC) |
| Filing 9 AFFIDAVIT of B Shaver re Kindergartener. (JDC) |
| Filing 8 AFFIDAVIT of B Shaver re son. (JDC) |
| Filing 7 AFFIDAVIT of B Shaver re Preschooler. (JDC) |
| Filing 6 Submission of Recission of MJ Consent. (JDC) |
| Filing 5 Summons Issued as to KATIE AESCHLIMAN, MICHAEL BERG, MICHAEL COUSSENS, JEFF PAPA, SCOTT ROBISON, DEBBIE UNGAR. (JDC) |
| Filing 4 CONSENT to Jurisdiction to US Magistrate Judge by All Plaintiffs. (JDC) |
| Filing 3 RECEIPT #IP075890 for Initial civil filing fee in the amount of $402, paid by Plaintiff. (LMK) |
| Filing 2 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) |
| Filing 1 COMPLAINT against KATIE AESCHLIMAN, MICHAEL BERG, MICHAEL COUSSENS, JEFF PAPA, SCOTT ROBISON, DEBBIE UNGAR, ZIONSVILLE COMMUNITY SCHOOLS BOARD OF EDUCTION, filed by WILLIAM MACKIE, K. M.. (No fee paid with this filing) (Attachments: #1 Proposed Summons)(DJH) |
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