WEBSTER v. TOP IN COUNTERS, LLC et al

Plaintiff: ZACHARY WEBSTER
Defendant: BRET GILLMAN and TOP IN COUNTERS, LLC
Case Number: 4:2018cv00174
Filed: September 22, 2018
Court: US District Court for the Southern District of Indiana
Presiding Judge: Debra McVicker Lynch
Referring Judge: Tanya Walton Pratt
Nature of Suit: Motor Vehicle
Cause of Action: 28:1332
Jury Demanded By: Both

Docket Report

This docket was last retrieved on November 20, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 20, 2018 Opinion or Order Filing 17 ENTRY Striking Initial Disclosures - As provided by Federal Rule of Civil Procedure 5(d)(1), initial disclosures under Rule 26(a)(1) "must not be filed until they are used in the proceeding or the court orders filing...." Therefore, the court STRIKES the plaintiff's initial disclosures (Dkt. #15 ) filed on November 15, 2018, but acknowledges they were served. Signed by Magistrate Judge Debra McVicker Lynch on 11/19/2018.(LBT)
November 16, 2018 Filing 16 Exhibit List , filed by Defendants BRET GILLMAN, TOP IN COUNTERS, LLC, Witness List , filed by Defendants BRET GILLMAN, TOP IN COUNTERS, LLC. (Vetne, Jan)
November 15, 2018 Filing 15 **STRICKEN PER NO. 17** NOTICE of Service of Initial Disclosures RULE 26 INITIAL DISCLOSURES OF PLAINTIFF, filed by Plaintiff ZACHARY WEBSTER. (Nakajima, Wesley) Modified on 11/20/2018 (LBT).
November 8, 2018 Opinion or Order Filing 14 ORDER Regarding Discovery Disputes. See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 11/8/2018.(LBT)
November 1, 2018 Opinion or Order Filing 13 ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Parties appeared by counsel on 10/29/2018 for an Initial Pretrial Conference. Non-expert witness and liability discovery due by 10/31/2019. See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 11/1/2018.(LBT)
October 30, 2018 Opinion or Order Filing 12 Entry and Order from Initial Pretrial Conference - The parties, by counsel, appeared for an initial pretrial conference on October 29, 2018, with the magistrate judge. The case management plan submitted in this case is approved as modified by the magistrate judge in the margins of the case management plan. This case is set for a telephone status conference on April 16, 2019, at 9:30 a.m. (Eastern), with Magistrate Judge Debra McVicker Lynch. 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. Signed by Magistrate Judge Debra McVicker Lynch. (JLS)
October 22, 2018 Filing 10 CASE MANAGEMENT PLAN TENDERED, filed by Defendants BRET GILLMAN, TOP IN COUNTERS, LLC . (Vetne, Jan)
October 15, 2018 Filing 9 NOTICE of Appearance by Wesley Matthew Nakajima on behalf of Plaintiff ZACHARY WEBSTER. (Nakajima, Wesley)
October 11, 2018 Opinion or Order Filing 8 SCHEDULING ORDER: Telephonic Initial Pretrial Conference set for 10/29/2018 at 11:30 AM (Eastern Time), before Magistrate Judge Debra McVicker Lynch. 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 for details. Signed by Magistrate Judge Debra McVicker Lynch on 10/10/2018.(MAT)
October 10, 2018 Opinion or Order Filing 7 MARGINAL ENTRY re #6 Motion for Protective Order - This motion does not articulate the specific relief sought, nor has counsel tendered a proposed order. Furthermore, to the extent it suggests that Mr. Webster's service of discovery requests was impermissible, it is wrong. Mr. Webster served discovery requests while this case was pending in state court, as he had every right to do. And under 28 U.S.C. section 1450, they remain "in full force and effect." But in light of Fed. R.Civ.P. 26(d)(1) and the objectives it advances, the court grants this motion to the following extent: the time for responding to the discovery requests begins to run as of the date of the parties' Rule 26(f) conference. It is unfortunate that such an easily-resolvable matter had to be addressed by a motion; the court assumes a motion could have been avoided had Mr. Webster's counsel responded to the inquiry of defense counsel. Signed by Magistrate Judge Debra McVicker Lynch on 10/10/2018. (MAT)
October 5, 2018 Filing 6 MOTION for Protective Order , filed by Defendants BRET GILLMAN, TOP IN COUNTERS, LLC. (Attachments: #1 Exhibit A)(Vetne, Jan)
October 5, 2018 Filing 5 ANSWER to Complaint (Notice of Removal) with Jury Demand , filed by BRET GILLMAN, TOP IN COUNTERS, LLC.(Vetne, Jan)
September 24, 2018 Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (LBT)
September 22, 2018 Filing 3 Corporate Disclosure Statement by TOP IN COUNTERS, LLC. (Vetne, Jan) Modified on 9/24/2018 to correct docket text (LBT).
September 22, 2018 Filing 2 NOTICE of Appearance by Jan Thomas Vetne on behalf of Defendants BRET GILLMAN, TOP IN COUNTERS, LLC. (Vetne, Jan)
September 22, 2018 Filing 1 NOTICE OF REMOVAL from Dearborn Superior Court, case number 15d02-1809-ct-000023, filed by All Defendants. (Filing fee $400, receipt number 0756-5074971) (Attachments: #1 Civil Cover Sheet, #2 State Court Record, #3 Exhibit B)(Vetne, Jan)

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Defendant: BRET GILLMAN
Represented By: Jan Thomas Vetne
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Defendant: TOP IN COUNTERS, LLC
Represented By: Jan Thomas Vetne
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Plaintiff: ZACHARY WEBSTER
Represented By: Douglas B. Schloemer
Represented By: Wesley Matthew Nakajima
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