KNOX COUNTY ASSOCIATION FOR RETARDED CITIZENS, INC. v. NISH
Plaintiff: KNOX COUNTY ASSOCIATION FOR RETARDED CITIZENS, INC.
Defendant: NISH
Case Number: 2:2011cv00313
Filed: November 23, 2011
Court: US District Court for the Southern District of Indiana
Office: Terre Haute Office
Presiding Judge: William G Hussmann
Referring Judge: William T Lawrence
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-(Citizenship)
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 20, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 20, 2013 Filing 71 CLOSED JUDGMENT - The Court having granted summary judgment in favor of the Defendant, judgment is hereby ENTERED in favor of the Defendant on all claims in the Plaintiff's Amended Complaint. Signed by Judge William T. Lawrence on 2/20/2013.(RSF)
February 20, 2013 Filing 70 ENTRY ON CROSS-MOTIONS FOR SUMMARY JUDGMENT - The Court, being duly advised, GRANTS the Defendant's motion #53 and DENIES the Plaintiff's motion #56 . Summary judgment in GRANTED in favor of NISH on both claims in Knox's Amended Complaint. (See Entry.) Signed by Judge William T. Lawrence on 2/20/2013. (RSF)
February 15, 2013 Filing 69 Submission of Signature Requirement re #68 Response in Opposition to Motion by All Plaintiffs. (Siewers, Daniel)
February 14, 2013 Filing 68 RESPONSE in Opposition re #53 MOTION for Summary Judgment and Reply in Support of #56 Cross-Motion for Summary Judgment, filed by Plaintiff KNOX COUNTY ASSOCIATION FOR RETARDED CITIZENS, INC.. (Stuckey, Hoyt) Modified on 2/15/2013 to create link to Doc #56 (JLM).
February 11, 2013 Filing 67 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Carlos F. Ortiz hereby notifies the Clerk of the court of changed contact information. (Ortiz, Carlos)
February 6, 2013 Opinion or Order Filing 66 ORDER - granting #64 Motion for Continuance. The March 8, 2013 Final Pre-Trial Conference is continued to March 15, 2013 at 10:00 a.m. in in Courtroom 131, United States District Courthouse, 921 Ohio Street, Terre Haute, Indiana, before Judge William T. Lawrence. Signed by Judge William T. Lawrence on 2/6/2013.(RSF)
February 6, 2013 Filing 65 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Valerie C. Charles hereby notifies the Clerk of the court of changed contact information. (Attachments: #1 Notice of Change of Attorney Information) (Charles, Valerie)
February 5, 2013 Filing 64 Unopposed MOTION for Continuance of the Final Pre-Trial Conference, filed by Defendant NISH. (Attachments: #1 Text of Proposed Order)(Clark, Briana)
February 5, 2013 Opinion or Order Filing 63 ORDER granting #61 Motion for Extension of Time. Discovery completion and service of final witness and exhibit lists due by 3/1/2013. Signed by Magistrate Judge William G. Hussmann, Jr., on 2/5/2013.(NRN)
February 4, 2013 Filing 62 NOTICE OF CHANGE OF LAW FIRM, filed by Defendant NISH (Clark, Briana)
February 4, 2013 Filing 61 Joint MOTION for Extension of Time to March 1, 2013 in which to #48 Status ConferenceSet Deadlines/Hearings (TO EXTEND THE DISCOVERY DEADLINE), filed by Plaintiff KNOX COUNTY ASSOCIATION FOR RETARDED CITIZENS, INC., Defendant NISH. (Attachments: #1 Text of Proposed Order)(Clark, Briana)
January 31, 2013 Filing 60 Appendix of Exhibits in Support of Reply in Support of Motion re #53 MOTION for Summary Judgment Designation of Evidence in Support of Opposition to KCARC's Motion for Summary Judgment, filed by Defendant NISH. (Attachments: #1 Exhibit KCARC's Interrogatory Responses, #2 Exhibit KCARC's Responses to Requests for Production)(Clark, Briana)
January 31, 2013 Filing 59 REPLY in Support of Motion re #53 MOTION for Summary Judgment and Response in Opposition to KCARC's Motion for Summary Judgment, filed by Defendant NISH. (Clark, Briana)
January 17, 2013 Filing 58 Designation of Evidence re #56 Response in Opposition to Motion, #57 Brief/Memorandum in Support of Motion , filed by Plaintiff KNOX COUNTY ASSOCIATION FOR RETARDED CITIZENS, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Siewers, Daniel) Modified on 1/18/2013 - created link to #53 (RSF).
January 17, 2013 Filing 57 BRIEF/MEMORANDUM in Support re #53 MOTION for Summary Judgment of Plaintiff and In Response to Defendant's Motion for Summary Judgment, filed by Plaintiff KNOX COUNTY ASSOCIATION FOR RETARDED CITIZENS, INC. (Siewers, Daniel) Modified on 2/19/2013 - created link to #56 (RSF).
January 17, 2013 Filing 56 RESPONSE in Opposition re #53 MOTION for Summary Judgment and Cross Motion for Summary Judgment, filed by Plaintiff KNOX COUNTY ASSOCIATION FOR RETARDED CITIZENS, INC.. (Siewers, Daniel) Modified on 2/15/2013 to change to a motion event (JLM).
December 17, 2012 Filing 55 Designation of Evidence re #53 MOTION for Summary Judgment , #54 Brief/Memorandum in Support of Motion (APPENDIX), filed by Defendant NISH. (Attachments: #1 Exhibit A: Memorandum of Understanding Between NISH Products and Eligible GEN III (ECWCS) NPA Producers (April 2006), #2 Exhibit B: Addendum to Memorandum of Understanding GEN III ECWCS Producers (8/12/08), #3 Exhibit C: Contract Between KCARC and DLA (6/26/09), #4 Exhibit D: Letter from NISH to KCARC, #5 Exhibit E: E-mail Correspondence Between NISH and KCARC (1/30/09), #6 Exhibit F: NISHs Correspondence to DLA/KARC and to DLA/Peckham (6/2/09), #7 Exhibit G: Email Correspondence Between NISH and DLA (5/12/09), #8 Exhibit H: Delivery Orders by DLA to KCARC, KCARC1423 (6/26/09), KCARC1427 (10/29/09), #9 Exhibit I: Letter from KCARC to DLA (5/20/10), #10 Exhibit J: Email Correspondence Between NISH and KCARC (7/27/10), #11 Exhibit K: Email Correspondence Between AbilityOne and KCARC (9/17/10), #12 Exhibit L: Email Correspondence Between NISH and AbilityOne (9/22/10), #13 Exhibit M: Email Correspondence Between NISH and AbilityOne (September 2010), #14 Exhibit N: Email Correspondence Between NISH and KCARC (10/30/10), #15 Exhibit O: NISHs Correspondence to DLA/KARC and to DLA/Peckham (12/7/10), #16 Exhibit P: NISHs Correspondence to DLA/KARC and to DLA/Peckham (12/20/10), #17 Exhibit Q: Amended Complaint)(Clark, Briana)
December 17, 2012 Filing 54 BRIEF/MEMORANDUM in Support re #53 MOTION for Summary Judgment , filed by Defendant NISH. (Clark, Briana)
December 17, 2012 Filing 53 MOTION for Summary Judgment , filed by Defendant NISH. (Clark, Briana)
November 29, 2012 Filing 52 ENTRY REGARDING TRIAL - Neither party has requested a jury trial in compliance with Rule 38, nor has NISH shown good cause why it should be excused from doing so in a timely manner. Accordingly, this matter will be tried by the Court. Bench Trial set for 4/9/2013 at 9:00 AM in room #131, United States Courthouse, 921 Ohio Street, Terre Haute, Indiana before Judge William T. Lawrence. The Court allots four days to try this case. Final Pretrial Conference set for 3/8/2013 at 2:00 PM in room #202, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge William T. Lawrence. Prior to the conference, Counsel are urged to review the Case Management Plan (dkt. 19, paragraph VIII) for all pretrial deadlines. Counsel shall be prepared to fully discuss the status of the action, including all matters requiring completion preparatory to trial. Counsel having primary trial responsibility shall attend the final pretrial in person. Signed by Judge William T. Lawrence on 11/29/2012.(RSF)
November 26, 2012 Filing 51 NOTICE OF NISH's POSITION ON THE TRIAL OF THIS MATTER, filed by Defendant NISH, re #49 Order. (Clark, Briana)
November 26, 2012 Filing 50 Statement Regarding Trial by Court by KNOX COUNTY ASSOCIATION FOR RETARDED CITIZENS, INC.. (Siewers, Daniel)
November 15, 2012 Opinion or Order Filing 49 ORDER - A review of the Complaint, Amended Complaint, and Answers does not reflect that either party requested a jury to resolve this matter. However, the Case Management Plan tendered by the parties requested a jury resolution. The parties are ORDERED to file with the court their positions with respect to whether the trial set should be by jury or by court within ten (10) days of the date of this Order. Signed by Magistrate Judge William G. Hussmann, Jr., on 11/15/2012.(NRN)
November 8, 2012 Filing 48 Minute Entry for proceedings held before Magistrate Judge William G. Hussmann, Jr: Status Conference held on 11/5/2012. Discovery due by 2/15/2013. Summary Judgment Motions due by 12/17/2012. A final pretrial conference and trial date will be set in a notice issued directly from District Judge William T. Lawrence's chambers. Status Conference set for 2/22/2013 09:15 AM Telephonic before Magistrate Judge William G. Hussmann, Jr. (NRN)
November 2, 2012 Opinion or Order Filing 47 ORDER granting #46 Motion for Extension of Time to File dispositive motions to 12/17/2012. Signed by Magistrate Judge William G. Hussmann, Jr on 11/2/2012. (SMD)
November 1, 2012 Filing 46 MOTION for Extension of Time to 12/17/12 to File Dispositive Motions, filed by Defendant NISH. (Attachments: #1 Text of Proposed Order)(Clark, Briana)
October 26, 2012 Filing 45 ANSWER to #34 Amended Complaint (AND AFFIRMATIVE DEFENSES), filed by NISH.(Clark, Briana)
September 26, 2012 Opinion or Order Filing 44 ORDER denying #42 Motion for oral argument and; denying #29 Motion to Transfer Venue. Signed by Judge William T. Lawrence on 9/26/2012. (SMD)
August 10, 2012 Filing 43 Minute Entry for proceedings held before Magistrate Judge William G. Hussmann, Jr: Settlement Conference held on 8/9/2012. District Judge Lawrence is requested to give the parties a trial date in approximately January 2013, as the likelihood of dispositive motions resolving this matter is quite slim. Status Conference set for 11/5/2012 09:15 AM Telephonic before Magistrate Judge William G. Hussmann, Jr. (NRN)
July 24, 2012 Filing 42 MOTION for Oral Argument, filed by Plaintiff KNOX COUNTY ASSOCIATION FOR RETARDED CITIZENS, INC.. (Attachments: #1 Text of Proposed Order Order Granting Oral Argument)(Siewers, Daniel)
July 23, 2012 Filing 41 REPLY in Support of Motion re #29 MOTION to Transfer Case (Venue) , filed by Defendant NISH. (Clark, Briana)
July 13, 2012 Filing 40 AFFIDAVIT in Support of Response in Opposition to Motion re #29 MOTION to Transfer Case (Venue) , filed by Plaintiff KNOX COUNTY ASSOCIATION FOR RETARDED CITIZENS, INC.. (Siewers, Daniel)
July 13, 2012 Filing 39 RESPONSE in Opposition re #29 MOTION to Transfer Case (Venue) , filed by Plaintiff KNOX COUNTY ASSOCIATION FOR RETARDED CITIZENS, INC.. (Attachments: #1 Text of Proposed Order Proposed Order)(Siewers, Daniel)
June 25, 2012 Opinion or Order Filing 38 ORDER granting #37 Motion for Extension of Time to Answer or otherwise respond to Plaintiff's Amended Complaint. Signed by Magistrate Judge William G. Hussmann, Jr., on 6/25/2012. (NRN)
June 21, 2012 Filing 37 MOTION for Extension of Time to July 25, 2012 in which to #34 Amended Complaint TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFF'S AMENDED COMPLAINT, filed by Defendant NISH. (Attachments: #1 Text of Proposed Order)(Clark, Briana)
June 11, 2012 Opinion or Order Filing 36 ORDER granting #35 Motion for Extension of Time to File Response to 7/13/2012 re #29 MOTION to Transfer Case (Venue). Signed by Magistrate Judge William G. Hussmann, Jr., on 6/11/2012. (NRN)
June 8, 2012 Filing 35 Unopposed MOTION for Extension of Time to July 13, 2012 to file response to #29 MOTION to Transfer Case (Venue) , filed by Plaintiff KNOX COUNTY ASSOCIATION FOR RETARDED CITIZENS, INC.. (Attachments: #1 Text of Proposed Order Order Granting Extension of Time)(Siewers, Daniel)
June 6, 2012 Filing 34 AMENDED COMPLAINT against NISH, filed by KNOX COUNTY ASSOCIATION FOR RETARDED CITIZENS, INC..(Siewers, Daniel)
June 5, 2012 Opinion or Order Filing 33 ORDER granting #25 Motion for Leave to File amended complaint. Signed by Magistrate Judge William G. Hussmann, Jr., on 6/5/2012. (NRN)
June 4, 2012 Filing 32 Submission of Proposed Order For Leave to File Amended Complaint, re #25 First MOTION for Leave to File Amended Complaint, filed by Plaintiff KNOX COUNTY ASSOCIATION FOR RETARDED CITIZENS, INC.. (Siewers, Daniel)
May 30, 2012 Filing 31 AFFIDAVIT in Support of Motion re #29 MOTION to Transfer Case (Venue) Declaration in Support of NISH's Motion for Transfer of Venue, filed by Defendant NISH. (Hinshaw, James)
May 30, 2012 Filing 30 BRIEF/MEMORANDUM in Support re #29 MOTION to Transfer Case (Venue) , filed by Defendant NISH. (Hinshaw, James)
May 30, 2012 Filing 29 MOTION to Transfer Case (Venue), filed by Defendant NISH. (Attachments: #1 Text of Proposed Order)(Hinshaw, James)
May 23, 2012 Filing 28 Preliminary Witness List and Exhibit List, filed by Defendant NISH. (Hinshaw, James) Modified on 5/24/2012 - edited text (RSF).
April 23, 2012 Filing 27 Witness List , filed by Plaintiff KNOX COUNTY ASSOCIATION FOR RETARDED CITIZENS, INC.. (Siewers, Daniel)
April 23, 2012 Filing 26 Exhibit List , filed by Plaintiff KNOX COUNTY ASSOCIATION FOR RETARDED CITIZENS, INC.. (Siewers, Daniel)
April 23, 2012 Filing 25 First MOTION for Leave to File Amended Complaint, filed by Plaintiff KNOX COUNTY ASSOCIATION FOR RETARDED CITIZENS, INC.. (Attachments: #1 Amended Complaint, #2 Order for Leave to file amended complaint)(Siewers, Daniel)
April 23, 2012 Filing 24 NOTICE of Service of Rule 26(a) Initial Disclosures, filed by Defendant NISH (Hinshaw, James)
April 12, 2012 Opinion or Order Filing 23 ORDER granting #21 Motion to Appear pro hac vice. Attorney Madeleine E. Moise Cassetta for NISH added. Signed by Magistrate Judge William G. Hussmann, Jr., on 4/12/2012. (NRN)
April 10, 2012 Filing 22 RECEIPT #IP029241 in the amount of $ 30.00 (PHV fee for Madeleine Moise). (RSF)
April 9, 2012 Filing 21 MOTION for Attorney(s) Madeleine E. Moise to Appear pro hac vice. , filed by Defendant NISH. (Attachments: #1 Text of Proposed Order)(Clark, Briana)
February 24, 2012 Opinion or Order Filing 20 ORDER: CASE MANAGEMENT PLAN APPROVED AS MODIFIED. This matter will be set for final pretrial conference and trial by separate notice issued directly from Judge Lawrence's chambers. Dispositive Motions due by 11/1/2012. Settlement Conference set for 8/9/2012 10:00 AM in room #131, United States Courthouse, 921 Ohio Street, Terre Haute, Indiana before Magistrate Judge William G. Hussmann, Jr. Signed by Magistrate Judge William G. Hussmann, Jr., on 2/24/2012.(NRN)
February 21, 2012 Filing 19 Joint CASE MANAGEMENT PLAN TENDERED, filed by Defendant NISH . (Hinshaw, James)
February 13, 2012 Opinion or Order Filing 18 ORDER granting #14 Motion to Appear pro hac vice. Attorney Carlos F. Ortiz for NISH added. Signed by Magistrate Judge William G. Hussmann, Jr., on 2/13/2012. (NRN)
February 13, 2012 Opinion or Order Filing 17 ORDER granting #13 Motion to Appear pro hac vice. Attorney Valerie C. Charles for NISH added. Signed by Magistrate Judge William G. Hussmann, Jr., on 2/13/2012. (NRN)
February 10, 2012 Filing 16 RECEIPT #IP028370 in the amount of $ 30.00. (RSF)
February 10, 2012 Filing 15 NISH has made a Payment of $ 30.00. Receipt is #IP028369. (RSF)
February 10, 2012 Filing 14 MOTION for Attorney(s) Carlos F. Ortiz to Appear pro hac vice. , filed by Defendant NISH. (Attachments: #1 Text of Proposed Order)(Hinshaw, James)
February 10, 2012 Filing 13 MOTION for Attorney(s) Valerie C. Charles to Appear pro hac vice. , filed by Defendant NISH. (Attachments: #1 Text of Proposed Order)(Hinshaw, James)
January 4, 2012 Filing 12 NOTICE of Change of Law Firm Name by James M. Hinshaw (Hinshaw, James)
December 28, 2011 Filing 11 ANSWER to Complaint (Notice of Removal) and Affirmative Defenses, filed by NISH.(Hinshaw, James)
November 29, 2011 Opinion or Order Filing 10 ORDER granting #9 Motion for Extension of Time to File Answer to 12/28/2011. Signed by Magistrate Judge William G. Hussmann, Jr., on 11/29/2011. (NRN)
November 23, 2011 Filing 9 MOTION for Extension of Time to December 28, 2011 in which to file an answer or otherwise respond to the Complaint attached to #1 Notice of Removal, filed by Defendant, NISH. (Attachments: #1 Text of Proposed Order)(DH)
November 23, 2011 Filing 8 CERTIFICATE OF SERVICE by NISH. (DH)
November 23, 2011 Filing 7 Corporate Disclosure Statement by NISH. (DH)
November 23, 2011 Filing 6 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DH)
November 23, 2011 Filing 5 NOTICE of Appearance by Briana Lynn Clark on behalf of Defendant, NISH. (DH)
November 23, 2011 Filing 4 NOTICE of Appearance by James M. Hinshaw on behalf of Defendant, NISH. (DH)
November 23, 2011 Filing 3 RECEIPT #IP027249 in the amount of $350.00 for filing fee. (DH)
November 23, 2011 Filing 2 CIVIL COVER SHEET filed by Defendant, NISH. (DH)
November 23, 2011 Filing 1 NOTICE OF REMOVAL from Knox Circuit Court, case number 42C01-1110-PL-565, filed by NISH. (Attachments: #1 Exhibit A-State Court Record containing service of summons, complaint, appearance)(DH)

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Plaintiff: KNOX COUNTY ASSOCIATION FOR RETARDED CITIZENS, INC.
Represented By: Daniel Lang Siewers
Represented By: Hoyt Brent Stuckey
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Defendant: NISH
Represented By: Briana Lynn Clark
Represented By: Carlos F. Ortiz
Represented By: James M. Hinshaw
Represented By: Madeleine E. Moise Cassetta
Represented By: Valerie C. Charles
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