MARTIN v. GALLE et al
| JAMES MARTIN |
| MIKE GALLE, PENN NATIONAL GAMING, TRISTICA HOWARD and PENN NATIONAL GAMING, INC. |
| 1:2022cv00693 |
| April 7, 2022 |
| US District Court for the Southern District of Indiana |
| Mario Garcia |
| Jane Magnus-Stinson |
| Civil Rights: Other |
| 42 U.S.C. § 1981 Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 27, 2022. A more recent docket listing may be available from PACER.
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| Filing 42 ENTRY - This case was dismissed with prejudice on April 12, 2022. [Filing No. #20 ]. Plaintiff filed a Motion for Relief from Judgment on April 15, 2022 [Filing No. #25 ] which the Court denied on April 19, 2022 [Filing No. 28]. On April 18, 2022 he filed a Notice of Appeal [Filing No. 29] and a combined Motion to Proceed on Appeal In Forma Pauperis and Motion for Appointment of Counsel to Perfect Appeal [Filing No. #30 ] which the Court denied on April 21, 2022 [Filing No. #33 ]. Plaintiff now seeks reconsideration of the denial of his IFP motion and again seeks appointment of counsel. [Filing Nos. 40 and 41]. Plaintiff's motions are not well taken and will be denied. Plaintiff may petition the Seventh Circuit Court of Appeals for the relief he seeks. Plaintiff's Amended Motion to Appoint Counsel to Perfect Appeal [Filing No. #40 ] and Motion for Reconsideration to Appeal In Forma Pauperis [Filing No. #41 ] are DENIED. Copy to Plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 4/27/2022.(SWM) |
| Filing 39 ENTRY - This case was dismissed with prejudice on April 12, 2022. [Filing No. 20]. Plaintiff filed a Motion for Relief from Judgment on April 15, 2022 [Filing No. 25] and a Notice of Appeal on April 18, 2022 [Filing No. 29]. On April 23, 2022, Plaintiff filed a Motion for Complete Record for the United States Court of Appeal [Filing No. 37], asking this court to forward "the complete records, filings, and pleadings of this case" to the Court of Appeals. Plaintiff is advised that on April 21, 2022, the Clerk of Court transmitted the short record to the Court of Appeals as required by the relevant Federal and Circuit Rules of Appellate Procedure. The Court of Appeals also has full electronic access to the entire record in this Court. Plaintiff may submit any documents he chooses to the Court of Appeals in support of his appeal. The following helpful resources may be found on the Seventh Circuit's website. Plaintiff's Motion for Complete Record for the United States Court of Appeal [Filing No. 37] is DENIED. (Copy to Plaintiff via U.S. mail) Signed by Judge Jane Magnus-Stinson on 4/26/2022.(JDC) |
| Filing 41 Submission of Motion for Reconsideration, filed by Plaintiff JAMES MARTIN. (Attachments: #1 Envelope)(AKH) |
| Filing 40 Submission of Amended Motion to Appoint Counsel, filed by Plaintiff JAMES MARTIN. (Attachments: #1 Envelope)(AKH) (Main Document 40 replaced on 4/27/2022) (AKH). |
| Filing 38 ENTRY - This case was dismissed with prejudice on April 12, 2022. [Filing No. 20]. Plaintiff filed a Motion for Relief from Judgment on April 15, 2022 [Filing No. 25] and a Notice of Appeal on April 18, 2022 [Filing No. 29]. The Court denied the Motion for Relief from Judgment on April 19, 2022 [Filing No. 28], making the notice of appeal effective. See Katerinos v. U.S. Dep't of Treasury, 368 F.3d 733, 738 (7th Cir. 2004) (recognizing that the appellate court lacks jurisdiction until a notice of appeal becomes effective, which occurs upon the district court's disposition of a pending motion for relief from judgment). On April 22, 2022, Plaintiff filed an Amended Motion for Relief from Judgment [Filing No. 35] and an Amended Affidavit and Motion for Recusal of Judge [Filing No. 36]. Because Plaintiff's perfected appeal deprives this Court of jurisdiction, see Blue Cross & Blue Shield Ass'n v. Am. Express Co., 467 F.3d 634, 637 (7th Cir. 2006), Plaintiff's Amended Motion [Filing Nos. 35 and 36] are DENIED. (Copy to Plaintiff via U.S. mail) Signed by Judge Jane Magnus-Stinson on 4/25/2022. (JDC) |
| Filing 37 Submission for Motion for Complete Record for the United State Court of Appeal, filed by Plaintiff JAMES MARTIN. (AKH) |
| Filing 36 MOTION Motion Affidavit and Motion for Recusal of Judge, filed by Plaintiff JAMES MARTIN. (Attachments: #1 Envelope)(JDC) |
| Filing 35 AMENDED MOTION for Relief from Judgment, filed by Plaintiff JAMES MARTIN. (Attachments: #1 Exhibit, #2 Envelope)(JDC) |
| Filing 34 USCA Case Number 22-1662 for #29 Notice of Appeal filed by JAMES MARTIN. (KAA) |
Filing 33
ORDER denying #30 Motion for Leave to Appeal in forma pauperis and Motion for Appointment of Counsel to Perfect Appeal. ***SEE ORDER FOR ADDITIONAL INFORMATION*** (Copy to Plaintiff via U.S. mail) Signed by Judge Jane Magnus-Stinson on 4/21/2022. (JDC)
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| Filing 32 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #29 Notice of Appeal. - for Court of Appeals Use Only. (KAA) (Main Document 32 replaced on 4/21/2022) (LBT). |
| Filing 31 PARTIES' SHORT RECORD re #29 Notice of Appeal - Instructions for Attorneys/Parties attached. (Copy mailed to appellant.) (KAA) (Main Document 31 replaced on 4/21/2022) (LBT). |
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Filing 28
ENTRY ON PENDING MOTIONS. This case was dismissed with prejudice on April 12, 2022. [Filing No. #20 ]. On April 11, 2022, Plaintiff filed three motions which were docketed after the dismissal and therefore were not ruled on at that time. [Filing Nos. 22, 23, and 24]. On April 15, 2022, Plaintiff filed a Motion for Relief of Judgment [Filing No. 25], a Motion for Partial Summary Judgment [Filing No. 26], and a Requirement of Filing Grievance with the Indiana Gaming Commission. For the reasons set forth below, the Court denies Plaintiff's motions. For the foregoing reasons, the Plaintiff's pending motions [Filing Nos. 22, 23, 24, 25, and 26] are DENIED. (See Order). Copy to Plaintiff via U.S. Mail. Signed by Judge Jane Magnus-Stinson on 4/19/2022. (MAC)
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| Filing 30 MOTION to Proceed on Appeal in forma pauperis, filed by Plaintiff JAMES MARTIN. (Attachments: #1 Envelope). (MAC) Modified on 4/20/2022 (MAC). (Main Document 30 replaced on 4/21/2022) (NLR). (Additional attachment(s) added on 4/21/2022: #2 Exhibit Affidavit for Motion to Proceed In Forma Pauperis) (NLR). |
| Filing 29 NOTICE OF APPEAL as to #21 Judgment, #20 Order on Motion to Appoint Counsel, Order on Motion for Preliminary Injunction, filed by Plaintiff JAMES MARTIN. (No fee paid with this filing). (Attachments: #1 Envelope). (MAC) (Main Document 29 replaced on 4/21/2022) (NLR). |
| Filing 27 PLAINTIFF'S REQUIREMENT OF FILING GRIEVANCE WITH INDIANA GAMING COMMISSION (Attachments: #1 Exhibit, #2 Envelope) (NLR) |
| Filing 26 MOTION for Partial Summary Judgment, filed by Plaintiff JAMES MARTIN. (Attachments: #1 Envelope)(NLR) |
| Filing 25 MOTION FOR RELIEF OF JUDGMENT, filed by Plaintiff JAMES MARTIN. (NLR) |
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Filing 21
CLOSED JUDGMENT - For the reasons set forth in the Court's Order entered this day, the Court now enters FINAL JUDGMENT against Plaintiff and in favor of Defendants. Plaintiff's claims are DISMISSED WITH PREJUDICE. Copies to Plaintiff and the Clerk of Court, Shelby Circuit Court via U.S. Mail. Signed by Judge Jane Magnus-Stinson on 4/12/2022. (MAC)
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Filing 20
ORDER DISMISSING PLAINTIFF'S COMPLAINT AND DIRECTING ENTRY OF FINAL JUDGMENT. For the foregoing reasons, the Court DISMISSES this action WITH PREJUDICE, and DENIES Plaintiff's pending motions [Filing Nos. 10, 11, 12, 13, and 14] AS MOOT. As recounted above, Plaintiff has been warned that abusive filing practices could result in sanctions. Indeed, less than three weeks ago--in a case against this very Defendant--he received his "last warning." Martin v. Penn Nat'l Gaming, Inc., No. 1:21-cv-02043-JMS-MG (S.D. Ind. Mar. 25, 2022). Accordingly, the Clerk is directed to refer the matter of James Martin's filing practices to the Chief Judge for whatever action she deems warranted. Final judgment shall enter accordingly. (See Order). Copies to Plaintiff and the Clerk of Court, Shelby Circuit Court via U.S. Mail. Signed by Judge Jane Magnus-Stinson on 4/12/2022. (MAC)
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| Filing 24 MOTION for Recusal of Judge, filed by Plaintiff JAMES MARTIN. (Attachments: #1 Envelope). (MAC) |
| Filing 23 MOTION for Leave of Consolidation of All Claims, filed by Plaintiff JAMES MARTIN. (Attachments: #1 Envelope). (MAC) |
| Filing 22 MOTION to Appoint Counsel, filed by Plaintiff JAMES MARTIN. (Attachments: #1 Exhibits, #2 Envelope). (MAC) |
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Filing 19
ORDER granting Defendants' #6 Motion for Extension of Time to File Response to the Amended Complaint to 5/12/2022. Copy to Plaintiff via U.S. Mail. Signed by Judge Jane Magnus-Stinson on 4/11/2022. (MAC)
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| Filing 18 Submission of Request to Consider all Amended Complaints as One Complaint, filed by Plaintiff JAMES MARTIN. (MAC) |
| Filing 17 Submission of Injunction Request and Amended Complaint in their Individual Capacity of Michael Galle and Tristica Howard, filed by Plaintiff JAMES MARTIN. (MAC) |
| Filing 11 MOTION for Preliminary Injunction, filed by Plaintiff JAMES MARTIN. (MAC) |
| Filing 16 REQUEST for Production of Documents, filed by Plaintiff JAMES MARTIN. (MAC) |
| Filing 15 DISCOVERY - First Set of Interrogatories and Request, filed by Plaintiff JAMES MARTIN. (MAC) |
| Filing 12 MOTION (Request) for Arbitration, filed by Plaintiff JAMES MARTIN. (MAC) |
| Filing 10 MOTION to Appoint Counsel, filed by Plaintiff JAMES MARTIN. (MAC) |
| Filing 9 NOTICE of Pro Se Appearance, filed by Plaintiff JAMES MARTIN. (MAC) |
| Filing 7 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (NLR) |
| Filing 14 MOTION for leave of Consolidation of all claims and amended claims, filed by Plaintiff JAMES MARTIN. (MAC) |
| Filing 13 MOTION and Affidavit for Recusal of Judgment, filed by Plaintiff JAMES MARTIN. (MAC) |
| Filing 8 COMPLAINT against MIKE GALLE, TRISTICA HOWARD, PENN NATIONAL GAMING, filed by JAMES MARTIN. (CKM) |
| Filing 6 MOTION for Extension of Time to 5/12/2022 , filed by Defendants MIKE GALLE, TRISTICA HOWARD, PENN NATIONAL GAMING. (Attachments: #1 Text of Proposed Order)(Miroff, Andrew) |
| Filing 5 CERTIFICATE of Counsel re #1 Notice of Removal (Certificate of Compliance with Notice of Removal Procedures) by Andrew J. Miroff on behalf of MIKE GALLE, TRISTICA HOWARD, PENN NATIONAL GAMING (Miroff, Andrew) |
| Filing 4 Corporate Disclosure Statement by PENN NATIONAL GAMING. (Miroff, Andrew) |
| Filing 3 NOTICE of Pending State Court Motions, filed by Defendants MIKE GALLE, TRISTICA HOWARD, PENN NATIONAL GAMING (Miroff, Andrew) |
| Filing 2 NOTICE of Appearance by Andrew J. Miroff on behalf of Defendants MIKE GALLE, TRISTICA HOWARD, PENN NATIONAL GAMING. (Miroff, Andrew) |
| Filing 1 NOTICE OF REMOVAL (AINSDC-7047401; $402.00) from Shelby Circuit Court, case number 73C01-2203-PL-000009, filed by TRISTICA HOWARD, PENN NATIONAL GAMING, MIKE GALLE. (Attachments: #1 State Court Record (Docket, Fee Motion, Order, Appearance, Complaint, Summonses, Subpoenas, Discovery Requests, Injunction Motion, Amended Complaints, Subpoenas, Sanction Motion, Discovery Requests, Jury Demand, Motion to Compel, Order, Summonses, Appearance, Motions to Quash), #2 Exhibit 2 - Operative Complaint, #3 Exhibit 3 - Civil Cover Sheet)(Miroff, Andrew) Modified on 4/8/2022 (NLR). |
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