TORRES et al v. INDIANA FAMILY AND SOCIAL SECURITY ADMINISTRATION et al
| EVERYBODY COUNTS, INC., TERESA L TORRES and LESLIE L HAWKER |
| ERIN HALL, INDIANA STATEWIDE INDEPENDENT LIVING COUNCIL, INC., AMBER O'HAVER, KYLEE HOPE, THERESA KOLESZAR, INDEPENDENT LIVING PARTNERSHIP, INC., INDIANA FAMILY AND SOCIAL SECURITY ADMINISTRATION, VIRGINIA BATES, PETER CIANCONE, ABIGAIL FLEENOR, JIM MCCORMICK, DAVID NELSON, BETH QUARLES, TAMMY THEMEL, KACIE WELDY, AMY BROWNING-VARBLE and GARY OLSEN |
| 1:2024cv00855 |
| May 22, 2024 |
| US District Court for the Southern District of Indiana |
| James Patrick Hanlon |
| M Kendra Klump |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 9, 2024. A more recent docket listing may be available from PACER.
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Filing 54
ORDER: This matter comes before the Court on Plaintiffs' Motion to Withdraw Motion to Remand, Dkt. #51 , and Defendants' Joint Motion to Extend Time to Respond to Plaintiffs' Motion to Remand, Dkt. #50 . Plaintiffs' Motion to Withdraw indicates that their reason for filing the Motion to Remand--their belief that all Non-Removing Defendants had not timely consented to removal--was shown to be inaccurate, and all Non-Removing Defendants did timely consent, (dkt. 51 at 5). Plaintiffs therefore request that the Court withdraw the Motion to Remand, (dkt. #39 ). The Court, having reviewed the matter and being duly advised, GRANTS Plaintiffs' Motion to Withdraw Motion to Remand, Dkt. #51 . As such, Defendants' Joint Motion to Extend Time to Respond to Plaintiffs' Motion to Remand, Dkt. #50 , is DENIED AS MOOT. See Order. Signed by Magistrate Judge M. Kendra Klump on 7/9/2024. (LF)
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| Filing 53 Submission of Proposed Order , re #50 Joint MOTION for Extension of Time to File Response to 07/19/2024 re #39 MOTION to Remand , filed by Defendant INDIANA STATEWIDE INDEPENDENT LIVING COUNCIL, INC.. (Findley, Bryan) |
| Filing 52 RECEIPT #11081 for pro hac vice fee in the amount of $100.00, paid by Jeanne M. Hoffman via credit card on behalf of Kristy Kelly Singler for #27 Motion To Appear Pro Hac Vice. (DJH) |
| Filing 51 MOTION to Withdraw #39 MOTION to Remand , filed by Plaintiffs EVERYBODY COUNTS, INC., LESLIE L HAWKER, TERESA L TORRES. (Attachments: #1 Text of Proposed Order)(Endwright, Courtney) |
| Filing 50 Joint MOTION for Extension of Time to File Response to 07/19/2024 re #39 MOTION to Remand , filed by Defendants VIRGINIA BATES, AMY BROWNING-VARBLE, PETER CIANCONE, ABIGAIL FLEENOR, ERIN HALL, KYLEE HOPE, INDEPENDENT LIVING PARTNERSHIP, INC., INDIANA FAMILY AND SOCIAL SECURITY ADMINISTRATION, INDIANA STATEWIDE INDEPENDENT LIVING COUNCIL, INC., THERESA KOLESZAR, JIM MCCORMICK, DAVID NELSON, AMBER O'HAVER, GARY OLSEN, BETH QUARLES, TAMMY THEMEL, KACIE WELDY. (Attachments: #1 Exhibit A)(Findley, Bryan) |
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Filing 49
ORDER - This matter comes before the Court on Defendants' Joint Motion to Extend Time, Dkt. #47 . The Court, having reviewed the matter and being duly advised, GRANTS the Motion. Defendants shall file their responsive pleading to Plaintiffs' complaint no later than July 24, 2024. Signed by Magistrate Judge M. Kendra Klump on 6/26/2024. (BAA)
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| Filing 47 Joint MOTION for Extension of Time to 07/24/2024 , filed by Defendants VIRGINIA BATES, AMY BROWNING-VARBLE, PETER CIANCONE, ABIGAIL FLEENOR, ERIN HALL, KYLEE HOPE, INDEPENDENT LIVING PARTNERSHIP, INC., INDIANA FAMILY AND SOCIAL SECURITY ADMINISTRATION, INDIANA STATEWIDE INDEPENDENT LIVING COUNCIL, INC., THERESA KOLESZAR, JIM MCCORMICK, DAVID NELSON, AMBER O'HAVER, GARY OLSEN, BETH QUARLES, TAMMY THEMEL, KACIE WELDY. (Attachments: #1 Text of Proposed Order)(Downey, Storrs) |
| Filing 46 NOTICE of Appearance by Anthony W. Overholt on behalf of Defendant DAVID NELSON. (Overholt, Anthony) |
| Filing 45 NOTICE of Appearance by Brett Alexander Hession on behalf of Defendant DAVID NELSON. (Hession, Brett) |
| Filing 44 NOTICE of Appearance by Storrs W. Downey on behalf of Defendant JIM MCCORMICK. (Downey, Storrs) |
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Filing 48
ORDER granting #27 Motion - This matter has come before the Court on motion of Kristy Kelly Singler of Downey & Lenkov LLC seeking an order granting leave to appear pro hac vice for the purpose of appearing as counsel on behalf of the Defendants in the above-styled cause only, Dkt. #27 . The motion states, "The administrative fees required to process this motion for admission pro hac vice will be paid to the Clerk of this Court via pay.gov at the time of filing this motion." To date, however, the payment has not yet been received. Therefore, the court GRANTS Kristy Kelly Singler's leave to appear pro hac vice in this case on behalf of defendants, provided the $100.00 administrative fee is paid by July 1, 2024. Applicant's contact information should be entered as follows: Kristy K. Singler (#6257539) Downey & Lenkov LLC 30 N. LaSalle Street, Suite 3600 Chicago, IL 60602 (312) 377-1501 (312) 377-1502 ksingler@dl-firm.com Applicant is to register with the Court's Electronic Filing System within 10 days of entry of this order. Copy to Kristy K. SIngler via US mail. Signed by Magistrate Judge M. Kendra Klump on 06/22/2024. (AJG)
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| Filing 43 CONSENT to Removal by JIM MCCORMICK. (Hession, Brett) |
| Filing 42 CONSENT to Removal by VIRGINIA BATES, KYLEE HOPE, INDIANA FAMILY AND SOCIAL SECURITY ADMINISTRATION, THERESA KOLESZAR. (Arnold, Brandyn) |
| Filing 41 CONSENT to Removal of Defendants by PETER CIANCONE, ABIGAIL FLEENOR, ERIN HALL, INDIANA STATEWIDE INDEPENDENT LIVING COUNCIL, INC., THERESA KOLESZAR, DAVID NELSON, AMBER O'HAVER, GARY OLSEN, BETH QUARLES, TAMMY THEMEL, KACIE WELDY. (Downey, Storrs) |
| Filing 40 Rule 7.1 Disclosure Statement by EVERYBODY COUNTS, INC.. (Endwright, Courtney) |
| Filing 39 **WITHDRAWN PER DKT #54 ** MOTION to Remand , filed by Plaintiffs EVERYBODY COUNTS, INC., LESLIE L HAWKER, TERESA L TORRES. (Attachments: #1 Text of Proposed Order)(Endwright, Courtney) Modified on 7/9/2024 (LF). |
| Filing 38 RETURN of Service by CMRRR, filed by All Plaintiffs. (Endwright, Courtney) |
| Filing 37 RETURN of Service by CMRRR, filed by All Plaintiffs. (Endwright, Courtney) |
| Filing 36 RETURN of Service by CMRRR, filed by All Plaintiffs. JIM MCCORMICK served on 6/5/2024. (Endwright, Courtney) |
| Filing 35 RETURN of Service by CMRRR, filed by All Plaintiffs. (Endwright, Courtney) |
| Filing 34 RETURN of Service by CMRRR, filed by All Plaintiffs. (Endwright, Courtney) |
| Filing 33 RETURN of Service by CMRRR, filed by All Plaintiffs. (Endwright, Courtney) |
| Filing 32 RETURN of Service by CMRRR, filed by All Plaintiffs. (Endwright, Courtney) |
| Filing 31 RETURN of Service by CMRRR, filed by All Plaintiffs. (Endwright, Courtney) |
| Filing 30 RETURN of Service by CMRRR, filed by All Plaintiffs. (Endwright, Courtney) |
| Filing 29 RETURN of Service by CMRRR, filed by All Plaintiffs. (Endwright, Courtney) |
| Filing 28 RETURN of Service by CMRRR, filed by All Plaintiffs. (Endwright, Courtney) |
| Filing 27 MOTION to Appear Pro Hac Vice - Kristy Kelly Singler, filed by Defendants PETER CIANCONE, ABIGAIL FLEENOR, ERIN HALL, INDIANA STATEWIDE INDEPENDENT LIVING COUNCIL, INC., THERESA KOLESZAR, JIM MCCORMICK, DAVID NELSON, AMBER O'HAVER, GARY OLSEN, BETH QUARLES, TAMMY THEMEL, KACIE WELDY. (Attachments: #1 Text of Proposed Order Proposed Order)(Singler, Kristy) Modified on 6/20/2024 (KAA). |
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Filing 26
ORDER SETTING INITIAL PRETRIAL CONFERENCE - This case is assigned for an initial pretrial conference by telephone on August 1, 2024, at 3:00 p.m. (Eastern Time), before United States 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. No fewer than seven days before the IPTC, counsel must file a proposed CMP. SEE ORDER. Signed by Magistrate Judge M. Kendra Klump on 06/14/2024.(AAS)
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| Filing 25 NOTICE of Appearance by Brett Alexander Hession on behalf of Defendant BETH QUARLES. (Hession, Brett) |
| Filing 24 NOTICE of Appearance by Anthony W. Overholt on behalf of Defendant BETH QUARLES. (Overholt, Anthony) |
| Filing 23 NOTICE of Appearance by Anthony W. Overholt on behalf of Defendant JIM MCCORMICK. (Overholt, Anthony) |
| Filing 22 NOTICE of Appearance by Brett Alexander Hession on behalf of Defendant JIM MCCORMICK. (Hession, Brett) |
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Filing 21
ORDER granting #19 Motion for Extension of Time to File: IT IS ORDERED that Defendants Indiana Family and Social Services Administration, Virginia Bates, Kylee Hope, and Theresa Koleszar shall have up to and including June 26, 2024, to respond to Plaintiff's complaint. See Order. Signed by Magistrate Judge M. Kendra Klump on 5/30/2024. (LF)
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| Filing 20 Summons Issued as to JIM MCCORMICK. (KAA) |
| Filing 19 Unopposed MOTION for Extension of Time to June 26, 2024 to Respond to Plaintiff's Complaint, filed by Defendants VIRGINIA BATES, KYLEE HOPE, INDIANA FAMILY AND SOCIAL SECURITY ADMINISTRATION, THERESA KOLESZAR. (Attachments: #1 Text of Proposed Order)(Arnold, Brandyn) |
| Filing 18 Proposed Summons submitted for issuance by the clerk as to JIM MCCORMICK. (Endwright, Courtney) |
| Filing 17 NOTICE of Parties' First Extension of Time re, filed by Defendants AMY BROWNING-VARBLE, PETER CIANCONE, INDEPENDENT LIVING PARTNERSHIP, INC., TAMMY THEMEL. (Hession, Brett) |
| Filing 16 NOTICE of Parties' First Extension of Time re Filing a response to pleading defined by Fed. R. Civ. P. 7(a), filed by Defendants PETER CIANCONE, ABIGAIL FLEENOR, ERIN HALL, INDIANA STATEWIDE INDEPENDENT LIVING COUNCIL, INC., THERESA KOLESZAR, DAVID NELSON, AMBER O'HAVER, GARY OLSEN, BETH QUARLES, TAMMY THEMEL, KACIE WELDY. (Attachments: #1 Exhibit) (Downey, Storrs) |
| Filing 15 NOTICE of Appearance by Storrs W. Downey on behalf of Defendants PETER CIANCONE, ABIGAIL FLEENOR, ERIN HALL, INDIANA STATEWIDE INDEPENDENT LIVING COUNCIL, INC., THERESA KOLESZAR, DAVID NELSON, AMBER O'HAVER, GARY OLSEN, BETH QUARLES, TAMMY THEMEL, KACIE WELDY. (Downey, Storrs) |
| Filing 14 NOTICE of Appearance by Kimberly D. Jeselskis on behalf of Defendant AMBER O'HAVER. (Jeselskis, Kimberly) |
| Filing 13 NOTICE of Appearance by William J. Brinkerhoff on behalf of Defendant AMBER O'HAVER. (Brinkerhoff, William) |
| Filing 12 NOTICE of Appearance by Daniel Sheroff on behalf of Defendant INDIANA STATEWIDE INDEPENDENT LIVING COUNCIL, INC.. (Sheroff, Daniel) |
| Filing 11 NOTICE of Appearance by Brandon J. Kroft on behalf of Defendant INDIANA STATEWIDE INDEPENDENT LIVING COUNCIL, INC.. (Kroft, Brandon) |
| Filing 10 NOTICE of Appearance by Bryan Findley on behalf of Defendant INDIANA STATEWIDE INDEPENDENT LIVING COUNCIL, INC.. (Findley, Bryan) |
| Filing 9 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (TPS) |
| Filing 8 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (TPS) |
| Filing 7 NOTICE of Appearance by Robert Morgan Taggart, I on behalf of Defendant BETH QUARLES. (Taggart, Robert) |
| Filing 6 CONSENT TO REMOVAL OF DEFENDANT BETH QUARLES by BETH QUARLES, in her official and individual capacities. (Meyer, Tammy) |
| Filing 5 NOTICE of Appearance by Tammy Jo Meyer on behalf of Defendant BETH QUARLES, in her official and individual capacities. (Meyer, Tammy) |
| Filing 4 NOTICE of Appearance by Anthony W. Overholt on behalf of Defendants AMY BROWNING-VARBLE, in her official and individual capacities, PETER CIANCONE, in his official and individual capacities, INDEPENDENT LIVING PARTNERSHIP, INC., TAMMY THEMEL, in her official and individual capacities. (Overholt, Anthony) |
| Filing 3 DECLARATION of Brett Hession as to Service by AMY BROWNING-VARBLE, in her official and individual capacities, PETER CIANCONE, in his official and individual capacities, INDEPENDENT LIVING PARTNERSHIP, INC., TAMMY THEMEL, in her official and individual capacities. (Hession, Brett) |
| Filing 2 NOTICE of Appearance by Brett Alexander Hession on behalf of Defendants AMY BROWNING-VARBLE, in her official and individual capacities, PETER CIANCONE, in his official and individual capacities, INDEPENDENT LIVING PARTNERSHIP, INC., TAMMY THEMEL, in her official and individual capacities. (Hession, Brett) |
| Filing 1 NOTICE OF REMOVAL from Marion Superior Court, case number 49D06-2404-CT-016791, filed by TAMMY THEMEL, in her official and individual capacities, INDEPENDENT LIVING PARTNERSHIP, INC., PETER CIANCONE, in his official and individual capacities, AMY BROWNING-VARBLE, in her official and individual capacities. (Filing fee $405, receipt number AINSDC-8175259) (Attachments: #1 Exhibit A: State Court Record, #2 Civil Cover Sheet)(Hession, Brett) |
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