NEXT STEP RECOVERY HOME, INC. v. STATE OF INDIANA et al
| NEXT STEP RECOVERY HOME, INC. |
| STATE OF INDIANA and EXECUTIVE DIRECTOR, INDIANA DEPARTMENT OF HOMELAND SECURITY |
| 1:2024cv00353 |
| February 26, 2024 |
| US District Court for the Southern District of Indiana |
| Kellie M Barr |
| M Kendra Klump |
| Tanya Walton Pratt |
| James R Sweeney |
| Civil Rights: Americans with Disabilities - Other |
| 29 U.S.C. § 754 Discrimination |
| Defendant |
Docket Report
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This docket was last retrieved on April 10, 2024. A more recent docket listing may be available from PACER.
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Filing 21
SCHEDULING ORDER:Telephonic Initial Pretrial Conference set for 5/7/2024 09:30 AM (Eastern Time) in before Magistrate Judge M. Kendra Klump. The court will contact counsel by separate email through the court's electronic filing system with the call-in information to be used to participate in the conference. Read this entire order carefully; it sets out the court's expectations for the conference. Signed by Magistrate Judge M. Kendra Klump on 4/10/2024.(SWM)
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| Filing 20 ANSWER to #1 Complaint , filed by All Defendants.(Martindale, Thomas) |
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Filing 19
PRELIMINARY INJUNCTION SCHEDULING ORDER - Following the telephonic status conference held in front of the Honorable Kellie M. Barr on March 12, 2024, and taking into consideration the parties' Joint Status Report and Proposed Schedule, Dkt. #17 , the Court ORDERS as follows: SEE ORDER. Signed by Magistrate Judge M. Kendra Klump on 3/20/2024.(KAA)
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Filing 18
ORDER - The parties having filed their Joint Status Report and Proposed Schedule and the Court having reviewed the matter sets this case for a preliminary injunction hearing for oral argument of counsel on 7/30/2024 at 9:00 AM (Eastern Time) in room #344, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Tanya Walton Pratt. Plaintiff shall file its memorandum in support of its preliminary injunction motion no later than June 3, 2024 and defendants shall file their response within 21 days of plaintiff's filing and plaintiff shall file its response within 10 days of defendants' filing. (See Order.) Signed by Judge Tanya Walton Pratt on 3/19/2024. (JSR)
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| Filing 17 STATUS REPORT and Proposed Schedule (Joint) by NEXT STEP RECOVERY HOME, INC.. (Attachments: #1 Text of Proposed Order)(Falk, Kenneth) |
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Filing 16
ENTRY AND ORDER FROM TELEPHONIC STATUS CONFERENCE- The Parties, by counsel, appeared for a Telephonic Status Conference on March 12, 2024, with Magistrate Judge Kellie M. Barr. During the conference, counsel for all Parties represented that this case is related to two other cases currently pending in this District--1:23-cv-2027-TWP-MKK and 1:24-cv-143-TWP-MKK-- and that to best facilitate judicial economy, counsel believes that this case should be reassigned to the same judicial officers who are presiding over the other two cases. The undersigned did not commit to that outcome; rather, case assignment will be handled by the applicable judicial officers as the Court sees fit. At the conference, the Court heard from counsel for both Parties regarding whether it is possible for the Parties to enter into a stipulation that would moot the Plaintiff's recently filed Motion for Preliminary Injunction. [Dkt. 8.] The Court also heard from counsel regarding what discovery and briefing schedule is preferred if a stipulation mooting the pending motion is not possible. The Parties are ORDERED to meet and confer regarding a possible stipulation or a discovery and briefing schedule regarding Plaintiff's Motion for Preliminary Injunction. Counsel SHALL file a Joint Report in this case no later than March 19, 2024, updating the Court on whether the Parties have agreed to a stipulation that would moot the pending Motion for Preliminary Injunction or, if it is not possible to agree to a stipulation, setting forth what discovery is necessary and proposing a briefing schedule for the Court to consider on the pending Motion for Preliminary Injunction. Signed by Magistrate Judge Kellie M. Barr. (MJL)
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| Filing 15 NOTICE of Reassignment of Case to Judge Tanya Walton Pratt and Magistrate Judge M. Kendra Klump. Judge James R. Sweeney II, Magistrate Judge Kellie M. Barr is no longer assigned to this case. Please include the new case number, 1:24-cv-00353-TWP-MKK, on all future filings in this matter. (CCG) |
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Filing 14
ORDER REASSIGNING CASE. Clerk is directed to reassign case to Judge Tanya Walton Pratt and Magistrate Judge M. Kendra Klump for all further proceedings. This case is related to 1:23-cv-2027-TWP-MKK and 1:24-cv-0143-TWP-MKK. Judge James R. Sweeney II and Magistrate Judge Kellie M. Barr no longer assigned to case. Signed by Judge James R. Sweeney II on 03/13/2024. (SNB)
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| Filing 13 NOTICE of Appearance by Bradley Davis on behalf of Defendants EXECUTIVE DIRECTOR, INDIANA DEPARTMENT OF HOMELAND SECURITY, STATE OF INDIANA. (Davis, Bradley) |
| Filing 12 NOTICE of Appearance by Rebekah Durham on behalf of Defendants EXECUTIVE DIRECTOR, INDIANA DEPARTMENT OF HOMELAND SECURITY, STATE OF INDIANA. (Durham, Rebekah) |
| Filing 11 NOTICE of Appearance by Thomas Lee Martindale on behalf of Defendants EXECUTIVE DIRECTOR, INDIANA DEPARTMENT OF HOMELAND SECURITY, STATE OF INDIANA. (Martindale, Thomas) |
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Filing 9
SCHEDULING ORDER: Plaintiff Next Step Recovery Home, Inc., has filed a Motion for Preliminary Injunction, seeking to enjoin Defendants from classifying its property being used as a group home for persons with disabilities as a Class 1 structure. [Dkt. #8 ]. Plaintiff asks that the Magistrate Judge schedule a conference to establish a briefing schedule on that motion. [Id. at 7.] The Court now sets this case for a Telephonic Status Conference on Tuesday, March 12, 2023, at 3:30 p.m. (Eastern), before Magistrate Judge Kellie M. Barr. Because counsel has not yet appeared for the Defendants in this action, Plaintiff's counsel is ORDERED to promptly serve this Order on the Defendants and the Office of the Indiana Attorney General. If Plaintiff's counsel is aware of counsel who will be representing the Defendants in this action, Plaintiff's counsel is ORDERED to immediately serve a courtesy copy of this Order on counsel. The Court will provide call-in information to be used to participate in the conference by separate notification. At the status conference, the Parties shall be prepared to discuss the following topics (see Order). To the extent possible, the Parties are directed to meet and confer on these topics in advance of the conference. Signed by Magistrate Judge Kellie M. Barr on 3/6/2024.(SWM)
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| Filing 8 MOTION for Preliminary Injunction , filed by Plaintiff NEXT STEP RECOVERY HOME, INC.. (Attachments: #1 Text of Proposed Order)(Falk, Kenneth) |
| Filing 7 Summonses Issued as to EXECUTIVE DIRECTOR, INDIANA DEPARTMENT OF HOMELAND SECURITY, STATE OF INDIANA. (TPS) |
| Filing 6 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (TPS) |
| Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (TPS) |
| Filing 4 NOTICE of Appearance by Stevie J. Pactor on behalf of Plaintiff NEXT STEP RECOVERY HOME, INC.. (Pactor, Stevie) |
| Filing 3 Rule 7.1 Disclosure Statement by NEXT STEP RECOVERY HOME, INC.. (Falk, Kenneth) |
| Filing 2 NOTICE of Appearance by Kenneth J. Falk on behalf of Plaintiff NEXT STEP RECOVERY HOME, INC.. (Falk, Kenneth) |
| Filing 1 COMPLAINT for Declaratory and Injunctive Relief against All Defendants, filed by All Plaintiffs. (Filing fee $405, receipt number AINSDC-8043217) (Attachments: #1 Exhibit Notice, #2 Proposed Summons, #3 Civil Cover Sheet)(Falk, Kenneth) |
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