ARECHE v. INDIANAPOLIS DEPARTMENT OF PUBLIC WORKS et al
| ELIEZER ARECHE |
| INDIANAPOLIS DEPARTMENT OF PUBLIC WORKS, CITY OF INDIANAPOLIS, DOE CORPORATION and UNITED STATES POSTAL SERVICE |
| 1:2023cv02116 |
| November 22, 2023 |
| US District Court for the Southern District of Indiana |
| Mark J Dinsmore |
| James Patrick Hanlon |
| P.I.: Other |
| 28 U.S.C. § 1442 Petition for Removal |
| Both |
Docket Report
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This docket was last retrieved on January 12, 2024. A more recent docket listing may be available from PACER.
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Filing 18
ORDER VACATING INITIAL PRETRIAL CONFERENCE: In light of the dismissal of the United States of America and the Court's January 11, 2024 show cause order (Dkts. #16 & #17 ), the Court sua sponte VACATES the initial pretrial conference scheduled on January 12, 2024. Signed by Magistrate Judge Mark J. Dinsmore on 1/12/2024. (GD)
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Filing 17
ORDER - The Court recognizes the stipulation of dismissal that dismisses the United States Postal Service ("USPS") without prejudice from this action. See dkt. #16 . The clerk is directed to terminate the USPS as a Defendant in this action. #7 USPS's Motion to Dismiss for Failure to State a Claim is DENIED as moot. The remaining Defendants thus have until February 10, 2024 to show cause why this case should not be remanded. See Order for details. Signed by Judge James Patrick Hanlon on 1/11/2024. (LBT)
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| Filing 16 STIPULATION of Dismissal (Joint), as to Defendant UNITED STATES POSTAL SERVICE, filed by UNITED STATES POSTAL SERVICE. (Shields, Gina) |
| Filing 14 Proposed CASE MANAGEMENT PLAN TENDERED, filed by Defendants CITY OF INDIANAPOLIS, INDIANAPOLIS DEPARTMENT OF PUBLIC WORKS . (Kalas, Jennifer) |
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Filing 13
ORDER ON DEFENDANTS' MOTION TO VACATE INITIAL PRETRIAL CONFERENCE AND CASE MANAGEMENT PLAN ORDER - Defendants' motion [Dkt. #11 ] is DENIED. The initial pretrial conference will proceed as scheduled [Dkt. #9 ]; the parties shall submit a proposed Case Management Plan, that includes the deadlines for Section III(A) through (E) of the proposed CMP as set forth in Docket No. #9 , by no later than January 9, 2024. (See Order.) Signed by Magistrate Judge Mark J. Dinsmore on 1/5/2024. (JSR)
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Filing 12
ORDER - granting #10 Motion to Withdraw Attorney Appearance. Attorney Cassandra J Neal withdrawn. (See Order.) Signed by Magistrate Judge Mark J. Dinsmore on 1/5/2024. (JSR)
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| Filing 11 MOTION to Vacate Initial Pretrial Conference and Case Management Plan Order (Joined by Defendants City of Indianapolis and Indianapolis Dep't of Public Works), filed by Defendant UNITED STATES POSTAL SERVICE. (Attachments: #1 Text of Proposed Order)(Shields, Gina) |
| Filing 10 MOTION to Withdraw Attorney Appearance Cassandra J. Neal, filed by Defendants CITY OF INDIANAPOLIS, INDIANAPOLIS DEPARTMENT OF PUBLIC WORKS. (Attachments: #1 Text of Proposed Order)(Neal, Cassandra) |
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Filing 9
SCHEDULING ORDER TELEPHONIC INITIAL PRETRIAL CONFERENCE - A Telephonic Initial Pretrial Conference is set for 1/12/2024 at 11:00 AM (Eastern Time) 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. (See Order.) Signed by Magistrate Judge Mark J. Dinsmore on 12/27/2023. (JSR)
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| Filing 8 BRIEF/MEMORANDUM in Support re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction MOTION for Summary Judgment on Failure to Exhaust Defense (in the Alternative) , filed by Defendant UNITED STATES POSTAL SERVICE. (Shields, Gina) |
| Filing 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (), MOTION to Dismiss for Lack of Jurisdiction (), MOTION for Summary Judgment on Failure to Exhaust Defense (in the Alternative) (), filed by Defendant UNITED STATES POSTAL SERVICE. (Attachments: #1 Exhibit A - Declaration of Kimberly A. Herbst)(Shields, Gina) |
| Filing 6 NOTICE of Appearance by Jennifer Jay Kalas on behalf of Defendants CITY OF INDIANAPOLIS, INDIANAPOLIS DEPARTMENT OF PUBLIC WORKS. (Kalas, Jennifer) |
| Filing 5 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (KAA) |
| Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (KAA) |
| Filing 3 PRACTICES AND PROCEDURES before Judge James Patrick Hanlon. (KAA) |
| Filing 2 NOTICE of Appearance by Gina M. Shields on behalf of Defendant UNITED STATES POSTAL SERVICE. (Shields, Gina) |
| Filing 1 NOTICE OF REMOVAL from Marion Superior Court 1, case number 49D01-2309-CT-037083, filed by UNITED STATES POSTAL SERVICE. (No fee paid with this filing) (Attachments: #1 Exhibit 1 - State Court Record (Docket Sheet, Appearance, Complaint, Subpoenas, Certificate of Issuance of Summons, Certified Mail Returned, Appearance, Notice of AEOT, Appearance, Appearance, Answer, Order), #2 Exhibit 2 - Operative Complaint, #3 Civil Cover Sheet)(Shields, Gina) |
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