RIETEL v. TOWN OF CLOVERDALE INDIANA et al
| LARRY D. RIETEL, JR. |
| TOWN OF CLOVERDALE INDIANA, RICK DEARWESTER, STEVE HIBLER, DOE and VIRGIL LANNING |
| 2:2022cv00129 |
| April 2, 2022 |
| U.S. District Court for the Southern District of Indiana |
| M Kendra Klump |
| Jane Magnus-Stinson |
| Doris L Pryor |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 18, 2023. A more recent docket listing may be available from PACER.
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| Filing 82 MANDATE of USCA as to #57 Notice of Appeal filed by LARRY D. RIETEL, JR. (USCA #23-1055). This cause, docketed on January 10, 2023, is DISMISSED for failure to timely pay the required docketing fee, pursuant to Circuit Rule 3(b). (LF) |
Filing 81
ORDER - This case is closed. The Court hereby STRIKES the Fifth Amended Complaint, #80 , as improperly filed. Mr. Rietel shall not file any more documents in this case unless the case is remanded to this Court. (SEE ORDER.) Copy sent to plaintiff via US mail. Signed by Judge Jane Magnus-Stinson on 4/3/2023.(TPS)
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| Filing 80 **DISREGARD - STRICKEN AT #81 ** AMENDED COMPLAINT filed by LARRY D. RIETEL, JR.(JDC) Modified on 4/4/2023 (KAA). |
| Filing 79 Mail Returned as undeliverable, not deliverable as addressed #46 Order on Motion, Case Reopened sent to VIRGIL LANNING. (JDC) |
| Filing 78 DOCKETING STATEMENT by LARRY D. RIETEL, JR re #57 Notice of Appeal (JDC) |
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Filing 77
ORDER - Mr. Rietel's combined Motion to Reconsider Ruling and Motion for Leave to Proceed In Forma Pauperis on Appeal, #58 , is DENIED. Mr. Rietel's second Motion for Reconsideration, #62 , is DENIED. Mr. Rietel's third Motion for Reconsideration, #69 , is DENIED. Both of Mr. Rietel's Motions for Extension of Time to Appeal, [75; 76], are DENIED AS MOOT. This case is closed, and Mr. Rietel shall file all documents related to his appeal in the Seventh Circuit Court of Appeals, not in this Court. SEE ORDER. Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 1/23/2023. (KAA)
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| Filing 76 SECOND MOTION for Extension of Time to Appeal, filed by Plaintiff LARRY D. RIETEL, JR. (JDC) |
| Filing 75 MOTION for Extension of Time to Appeal, filed by Plaintiff LARRY D. RIETEL, JR. (JDC) |
| Filing 70 SECOND NOTICE of Appearance and Disclosure of Statement, filed by Plaintiff LARRY D. RIETEL, JR (JDC) |
| Filing 69 MOTION for Reconsideration and MOTION to Vacate re #56 Order on Motion, filed by Plaintiff LARRY D. RIETEL, JR. (JDC) |
| Filing 67 CERTIFICATE OF SERVICE by LARRY D. RIETEL, JR (JDC) |
| Filing 63 NOTICE of Reassignment of Case to Magistrate Judge M. Kendra Klump. Magistrate Judge Doris L Pryor is no longer assigned to this case. Please include the new case number, 2:22-cv-129-JMS-MKK, on all future filings in this matter. (DJH) |
| Filing 74 THIRD Jurisdictional Statement by LARRY D. RIETEL, JR. (JDC) |
| Filing 73 SEVENTH CIRCUIT TRANSCRIPT INFORMATION SHEET by LARRY D. RIETEL, JR re #57 Notice of Appeal (JDC) |
| Filing 72 Submission of Certificate of Service, filed by Plaintiff LARRY D. RIETEL, JR. (JDC) |
| Filing 71 SECOND Jurisdictional Statement by LARRY D. RIETEL, JR. (JDC) |
| Filing 68 Jurisdictional Statement by LARRY D. RIETEL, JR. (JDC) |
| Filing 66 BRIEF/MEMORANDUM in Support re #62 MOTION for Reconsideration, filed by Plaintiff LARRY D. RIETEL, JR. (JDC) |
| Filing 65 BRIEF/MEMORANDUM in Support re #58 MOTION to Proceed on Appeal in forma pauperis, filed by Plaintiff LARRY D. RIETEL, JR. (JDC) |
| Filing 64 NOTICE of Appearance and Disclosure of Statement, filed by Plaintiff LARRY D. RIETEL, JR (JDC) |
| Filing 62 MOTION for Reconsideration, filed by Plaintiff LARRY D. RIETEL, JR. (JDC) |
| Filing 61 USCA Case Number 23-1055 for #57 Notice of Appeal filed by LARRY D. RIETEL, JR.. (LF) |
| Filing 60 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #57 Notice of Appeal. - for Court of Appeals Use Only. (LBT) |
| Filing 59 PARTIES' SHORT RECORD re #57 Notice of Appeal - Instructions for Attorneys/Parties attached. (Copy mailed to Plaintiff.) (LBT) |
| Filing 58 MOTION to Proceed on Appeal in forma pauperis, filed by Plaintiff LARRY D. RIETEL, JR. (LBT) |
| Filing 57 NOTICE OF APPEAL and Motion to Proceed IFP on Appeal as to #53 Order, #54 Judgment, and #56 Order on Motion, filed by Plaintiff LARRY D. RIETEL, JR. (No fee paid with this filing) (JDC) Modified on 1/10/2023 to link to add'l documents (LBT). |
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Filing 56
ORDER denying #55 Motion to Reopen Case. This case shall remain closed. (SEE ORDER.) Copy sent to plaintiff via US mail. Signed by Judge Jane Magnus-Stinson on 1/4/2023. (TPS)
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| Filing 55 MOTION to Reopen Complaint, filed by Plaintiff LARRY D. RIETEL, JR. (Attachments: #1 Proposed Amended Complaint)(KAA) |
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Filing 54
FINAL JUDGMENT PURSUANT TO FED. R. CIV. P. 58 - For the reasons set forth in the Court's Order entered this day, the Court now enters FINAL JUDGMENT, and DISMISSES this action WITHOUT PREJDUICE. Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 10/12/2022.(KAA)
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Filing 53
ORDER - Pro se Plaintiff Larry D. Rietel, Jr. has filed a Voluntary Motion to Dismiss Without Prejudice, asking this Court to dismiss this action without prejudice. Filing No. #52 . Mr. Rietel's Motion, #52 , is GRANTED and this action is hereby DISMISSED WITHOUT PREJUDICE. All other pending motions, #41 ; #43 ; #50 ; #51 , are DENIED AS MOOT. Final judgment shall enter accordingly. Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 10/12/2022. (KAA)
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| Filing 52 Voluntary MOTION to Dismiss without Prejudice, filed by Plaintiff LARRY D. RIETEL, JR. (KAA) |
| Filing 51 Consolidated MOTION for Leave to File Fifth Amended Complaint, filed by Plaintiff LARRY D. RIETEL, JR. (TPS) |
| Filing 50 Consolidated MOTION to Strike #48 Response in Opposition to Motion, filed by Plaintiff LARRY D. RIETEL, JR. (KAA) |
| Filing 49 WAIVER OF SERVICE Returned Executed, filed by VIRGIL LANNING. (Shagley, Richard) |
| Filing 48 RESPONSE in Opposition re #41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Plaintiff LARRY D. RIETEL, JR. (KAA) |
| Filing 47 NOTICE of Lawsuit & Waiver Issued by Clerk upon 1) Officer Virgil Lanning, Cloverdale Police Department. (TPS) |
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Filing 46
ORDER - Mr. Rietel's Motion to Reopen Case, #38 , is GRANTED, and the Clerk is DIRECTED to REOPEN this case. The Clerk is DIRECTED to STRIKE Mr. Rietel's Brief on the Merits, #40 , as procedurally improper. Mr. Rietel's claim for intentional infliction of emotional distress against Officer Lanning, all claims against Doe Defendants 1-10, and all claims against the Town of Cloverdale are DISMISSED without prejudice. Mr. Rietel's Fourth Amendment claim and Indiana law malicious prosecution claim against Officer Lanning shall proceed. The Clerk is DIRECTED to update the docket to reflect that the sole remaining Defendant in this action is Virgil Lanning, and remove all other parties formerly listed as Defendants. The Clerk is designated to issue process to Defendant Vigil Lanning in the manner specified by Rule 4(d). Process shall consist of the Fourth Amended Complaint, [Filing No. 39], applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Order. (SEE ORDER.) Copies sent pursuant to distribution list via US mail. Signed by Judge Jane Magnus-Stinson on 9/20/2022. (TPS)
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| Filing 45 MEMORANDUM in Support of #43 MOTION for Default Judgment, filed by Plaintiff LARRY D. RIETEL, JR. (TPS) |
| Filing 44 AFFIDAVIT in Support of #43 MOTION for Default Judgment, filed by Plaintiff LARRY D. RIETEL, JR. (TPS) |
| Filing 43 MOTION for Default Judgment, filed by Plaintiff LARRY D. RIETEL, JR. (TPS) |
| Filing 42 BRIEF/MEMORANDUM in Support re #41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants RICK DEARWESTER, DOE, STEVE HIBLER, TOWN OF CLOVERDALE INDIANA. (Attachments: #1 Exhibit A - Affidavit of Probable Cause)(Shagley, Richard) |
| Filing 41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants RICK DEARWESTER, DOE, STEVE HIBLER, TOWN OF CLOVERDALE INDIANA. (Shagley, Richard) |
| Filing 40 ***PLEASE DISREGARD - STRICKEN pursuant to #46 Order.***BRIEF on the Merits, filed by Plaintiff LARRY D. RIETEL, JR. (TPS) |
| Filing 39 Fourth AMENDED COMPLAINT against RICK DEARWESTER, DOE, STEVE HIBLER, TOWN OF CLOVERDALE INDIANA, filed by LARRY D. RIETEL, JR.(JRB) |
| Filing 38 MOTION to Reopen Case, filed by Plaintiff LARRY D. RIETEL, JR. (JRB) |
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Filing 37
ORDER - 1) The Motion to Correct, #30 , is GRANTED to the extent that the Court acknowledges that Mr. Rietel made a scrivener's error in his Motion to Strike and meant to direct his Motion to Strike at his Motion to Compel. 2) The Motion to Strike, #29 , is GRANTED IN PART to the extent that the Court now deems Mr. Rietel's Motion to Compel, #26 , WITHDRAWN. The Motion to Strike, #29 , is DENIED IN PART to the extent that Mr. Rietel seeks to seal it. 3) The Motion to Compel, #26 , is deemed WITHDRAWN. 4) The Clerk is DIRECTED to remove the "Ex Parte" designation on the docket for the Motion to Strike, [Filing No. 29], and to remove any restrictions set on that motion. 5) The Hibler Dismissal Motion, #32 , and the Wallace Dismissal Motion, #34 , are GRANTED to the extent that all potential claims against Steve Hibler or Billy Wallace are DISMISSED without prejudice. The Clerk is DIRECTED to TERMINATE Mr. Hibler from this action. All previous discovery-related obligations imposed on Mr. Hibler by the Court in previous orders are also TERMINATED. 6) This case is STAYED pending the resolution of the criminal charge against Mr.Rietel in Putnam County Court. The Clerk is DIRECTED to ADMINISTRATIVELY CLOSE this matter until a Motion to Reopen is filed. Mr. Rietel's Motion to Amend, #35 , is GRANTED to the extent that the Court will permit him to file a Fourth Amended Complaint at a later date as described above. (SEE ORDER) Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 7/14/2022. (KAA)
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| Filing 36 NOTICE of Service of Discovery Responses, filed by Defendant STEVE HIBLER (Shagley, Richard) |
| Filing 35 MOTION for Leave to File Amended Complaint, filed by Plaintiff LARRY D. RIETEL, JR. (KAA) |
| Filing 34 Motion for Voluntary Dismissal of Defendant Wallace, filed by Plaintiff LARRY D. RIETEL, JR. (JRB) Modified on 6/22/2022 (KAA). |
| Filing 33 Submission of Arrest Warrant, filed by Plaintiff LARRY D. RIETEL, JR. (JRB) |
| Filing 32 MOTION For Voluntary Dismissal of Defendant Hibler, filed by Plaintiff LARRY D. RIETEL, JR. (JRB) Modified on 6/22/2022 (KAA). |
| Filing 31 Submission of Subpoena, filed by Plaintiff LARRY D. RIETEL, JR. (TPS) |
| Filing 30 MOTION to Correct #29 Motion to Strike, filed by Plaintiff LARRY D. RIETEL, JR. (KAA) |
| Filing 29 MOTION to Strike and Motion to Seal and Declarations of Larry D. Reitel Jr, filed by Plaintiff LARRY D. RIETEL, JR. (KAA) Modified on 7/14/2022 to remove ex parte restriction (KAA). |
| Filing 28 BRIEF on the Merits, filed by Plaintiff LARRY D. RIETEL, JR. (KAA) |
| Filing 27 Third AMENDED COMPLAINT against DOE, STEVE HIBLER, TOWN OF CLOVERDALE INDIANA, filed by LARRY D. RIETEL, JR.(TPS) |
| Filing 26 **WITHDRAWN AT #37 ** MOTION to Compel Discovery, filed by Plaintiff LARRY D. RIETEL, JR. (TPS) Modified on 7/14/2022 (KAA). |
| Filing 25 CERTIFICATE OF SERVICE of Subpoena upon STEVE HIBLER on behalf of LARRY D. RIETEL, JR. (TPS) |
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Filing 24
ORDER - The Court notes that no subpoena has been issued in this action, and therefore the Court construes the motion as a request for extension of time only. Furthermore, although Mr. Rietel titled his filing an "Ex Parte" motion, it is not a proper ex parte document as there is nothing about the nature of the motion that requires restricting it from other parties. the Clerk is DIRECTED to remove the "Ex Parte" designation on the docket for this motion, #23 , and to remove any restrictions set on this motion. Mr. Rietel's motion, #23 , is GRANTED to the extent that Mr. Rietel shall have until June 24, 2022 to serve discovery requests on Mr. Hibler, and he shall have until August 4, 2022 to file a motion to amend the operative complaint to reflect Defendant Doe's true identity. Mr. Hibler is reminded that he shall comply with Federal Rules of Civil Procedure 33 and 34 in conducting discovery. Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 5/26/2022. (KAA)
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| Filing 23 MOTION to Modify Subpoena and Extend Time, filed by Plaintiff LARRY D. RIETEL, JR. (KAA) Modified on 5/26/2022 to correct event used (KAA). |
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Filing 22
ORDER - Mr. Rietel's "Motion to Reconsider Ruling and Memorandum of Points of Authorities in Support Thereof and Declaration of Plaintiff Larry Rietel," #16 , "Motion for Relief of Judgment or Order and Declaration," #19 , "Consolidated Merit Brief, Motion to Leave to File an Appeal and Notice of Appeal Taken as a Right," #14 , Motion to Proceed In Forma Pauperis on Appeal, #18 , "Combined Motion for Sanctions and Memorandum of Points and Authorities Supportive Thereof," #17 , and "Motion to Seal Documents and Combined Declaration in Support Thereof," #21 , are all DENIED. Mr. Rietel shall have until June 24, 2022 to file a Third Amended Complaint. (SEE ORDER.) Copy sent to plaintiff via US mail. Signed by Judge Jane Magnus-Stinson on 5/24/2022. (TPS)
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| Filing 21 MOTION to Seal Documents and a combined Declaration in support thereof - #6 Amended Complaint, #2 MOTION for Leave to Proceed in forma pauperis, #7 Declaration, #16 MOTION for Reconsideration re #11 Order on Motion for Leave to File, #4 Order on Motion for Leave to Proceed in forma pauperis, #15 Declaration, #9 MOTION for Leave to File, #20 Submission, #14 MOTION for Leave to File, #1 Complaint, #8 MOTION for Leave to File, #17 MOTION for Sanctions, filed by Plaintiff LARRY D. RIETEL, JR. (KAA) |
| Filing 20 Submission of Rule 11 Safe Harbor Notice, filed by Plaintiff LARRY D. RIETEL, JR. (KAA) |
| Filing 19 MOTION for Relief of Judgment, filed by Plaintiff LARRY D. RIETEL, JR. (TPS) |
| Filing 18 MOTION to Proceed on Appeal in forma pauperis, filed by Plaintiff LARRY D. RIETEL, JR. (TPS) |
| Filing 17 MOTION for Sanctions Against Pro Se Law Clerk, filed by Plaintiff LARRY D. RIETEL, JR. (TPS) |
| Filing 16 MOTION for Reconsideration re #11 Order on Motion for Leave to File, filed by Plaintiff LARRY D. RIETEL, JR. (KAA) |
| Filing 15 DECLARATION of LARRY D. RIETEL, JR. re #14 Motion for Leave to File by LARRY D. RIETEL, JR. (KAA) |
| Filing 14 Consolidated Merit BRIEF and MOTION for Leave to File an Appeal, filed by Plaintiff LARRY D. RIETEL, JR. (TPS) |
| Filing 13 WAIVER OF SERVICE Returned Executed, filed by STEVE HIBLER. STEVE HIBLER waiver sent on 4/20/2022. (Shagley, Richard) |
| Filing 12 NOTICE of Limited Appearance by Richard J. Shagley, II on behalf of Defendant STEVE HIBLER. (Shagley, Richard) Modified on 5/5/2022 (KAA). |
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Filing 11
ORDER - #8 Motion for Leave to File Second Amended Complaint is GRANTED. #9 Motion for Leave to File a Second Amended Complaint is DENIED as duplicative. Mr. Rietel's claims against the Town of Cloverdale, Rick Dearwester, Steve Hibler, and Jason Hartman are DISMISSED. However, Steve Hibler shall remain a Defendant solely for the purpose of responding to discovery related to the identity of Defendant Doe. Mr. Hibler need not respond to the Second Amended Complaint, but simply must appear in this action. As described above and in the Court's previous Entry, once Mr. Hibler appears, Mr. Rietel shall have 30 days to serve discovery on Mr. Hibler. Mr. Rietel shall have 90 days from the date of Mr. Hibler's appearance to file a motion to amend the Second Amended Complaint to name Defendant Doe using his or her true identity. Mr. Rietel's Fourth Amendment claim against Defendant Doe shall proceed. See Order for details. Signed by Judge Jane Magnus-Stinson on 4/22/2022 (Copies mailed per distribution list). (LBT)
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| Filing 10 Second AMENDED COMPLAINT against All Defendants, filed by LARRY D. RIETEL, JR.(KAA) |
| Filing 9 MOTION for Leave to File Second Amended Complaint for Declaratory and Other Equitable Relief and Memorandum in Support of Motion, filed by Plaintiff LARRY D. RIETEL, JR. (KAA) |
| Filing 8 MOTION for Leave to File Second Amended Complaint for Declaratory and Other Equitable Relief and Memorandum in Support of Motion, filed by Plaintiff LARRY D. RIETEL, JR. (KAA) |
| Filing 7 DECLARATION of LARRY D. RIETEL, JR. re #6 Amended Complaint by LARRY D. RIETEL, JR. (KAA) |
| Filing 6 First AMENDED COMPLAINT against All Defendants, filed by LARRY D. RIETEL, JR.(KAA) |
| Filing 5 NOTICE of Lawsuit & Waiver Issued by Clerk upon: Steve Hibler, Town Marshal of the Cloverdale, Indiana Police Department. (KAA) |
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Filing 4
ENTRY GRANTING MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS, SCREENING COMPLAINT, AND DIRECTING SERVICE OF PROCESS - This summary includes all viable claims identified by the Court. If Mr. Rietel believes the Complaint contains additional viable claims, he has through May 2, 2022 to identify those claims. Mr. Rietel's Motion for Leave to Proceed In Forma Pauperis, #2 , is GRANTED. Mr. Rietel's claims against the Town of Cloverdale, Rick Dearwester, and Steve Hibler, are DISMISSED. The Clerk is DIRECTED to TERMINATE Rick Dearwester and the Town of Cloverdale, Indiana as parties. The clerk is designated to issue process to Defendant Steve Hibler. (See Order) Copies mailed per distribution. Signed by Judge Jane Magnus-Stinson on 4/12/2022. (KAA)
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| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. Copy mailed to plaintiff. (KAA) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff LARRY D. RIETEL, JR. (KAA) |
| Filing 1 COMPLAINT against RICK DEARWESTER, DOE, STEVE HIBLER, TOWN OF CLOVERDALE INDIANA, filed by LARRY D. RIETEL, JR. (No fee paid with this filing) (KAA) |
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