PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. v. LOWE

Plaintiff:	People for the Ethical Treatment of Animals Inc
Defendant:	TIMOTHY L. STARK, MELISA D. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC. and JEFFREY L. LOWE
Case Number:	5:2021cv00671
Filed:	July 1, 2021
Court:	US District Court for the Western District of Oklahoma
Presiding Judge:	Stephen P Friot
Nature of Suit:	Other Statutory Actions
Cause of Action:	16 U.S.C. § 1538 Endangered Species Act
Jury Demanded By:	Defendant

Date Filed	Document Text
March 28, 2022	Filing 488 NOTICE OF BILL OF COSTS HEARING, Bill of Costs Hearing set for 5/3/2022 11:00 AM in Court Clerk's Office (dtb)
March 25, 2022	Filing 487 BRIEF IN SUPPORT re #486 Bill of Costs, by People for the Ethical Treatment of Animals Inc. (Hintz, Heather)
March 25, 2022	Filing 486 BILL OF COSTS by People for the Ethical Treatment of Animals Inc. (Attachments: #1 Attachment Affidavit of H. Hintz in Support of Bill of Costs, #2 Exhibit 1 - Itemization, #3 Exhibit 2 - Fees Paid to Court Clerk, #4 Exhibit 3 - Expenses for Service of Pleadings, #5 Exhibit 4 - Expenses for Transcripts)(Hintz, Heather)
March 25, 2022	Filing 485 MOTION for Attorney Fees (Reasonable Attorneys' Fees and Expenses, and Brief in Support) by People for the Ethical Treatment of Animals Inc. (Attachments: #1 Exhibit 1 - PETA Fees, #2 Exhibit 2 - Barnes & Thornburg Fees, #3 Exhibit 3 - Phillips Murrah Fees, #4 Exhibit 4 - Declaration of A. Smith, #5 Exhibit 5 - Declaration of G. Walters, #6 Exhibit 6 - Declaration of B. Lewis, #7 Exhibit 7 - Declaration of Olszowka, #8 Exhibit 8 - Declaration of H. HIntz, #9 Exhibit 9 - Expert Fees)(Hintz, Heather)
February 25, 2022	Filing 484 FINAL JUDGMENT. Signed by Judge Stephen P. Friot on 2/25/2022. (llg)
February 25, 2022	Filing 483 FINDINGS OF FACT AND CONCLUSIONS OF LAW. Signed by Judge Stephen P. Friot on 2/25/2022. (llg)
February 2, 2022	Filing 482 Minute Entry for proceedings held before Judge Stephen P. Friot: Bench Trial held on 2/2/2022. (Court Reporter Susan Fenimore.) (llg)
January 19, 2022	Filing 481 ORDER approving #478 Final Pretrial Report. Signed by Judge Stephen P. Friot on 1/19/2022. (llg)
January 14, 2022	Filing 480 DESIGNATION OF DEPOSITION TESTIMONY by People for the Ethical Treatment of Animals Inc . (Hintz, Heather)
January 14, 2022	Filing 479 TRIAL BRIEF by Plaintiff People for the Ethical Treatment of Animals Inc. (Attachments: #1 Exhibit 1 - Proposed Findings of Fact and Conclusions of Law, #2 Exhibit 2 - Proposed Judgment)(Hintz, Heather)
January 14, 2022	Filing 478 FINAL PRETRIAL REPORT. (Hintz, Heather)
January 14, 2022	Filing 477 CERTIFICATE of Counsel re Service. (Attachments: #1 Exhibit Cert Mail Receipt, #2 Exhibit Tracking)(Card, Daniel)
January 12, 2022	Filing 476 CERTIFICATE of Counsel re #473 Order on Motion for Order,,, by Heather L Hintz on behalf of People for the Ethical Treatment of Animals Inc (Attachments: #1 Exhibit 1 - Proof of Service)(Hintz, Heather)
January 12, 2022	Filing 475 CERTIFICATE of Counsel (Certificate of Service of Motion for Status Conference and Trial Briefing Schedule [Doc. 472] on Defendant) by Heather L Hintz on behalf of People for the Ethical Treatment of Animals Inc (Attachments: #1 Exhibit 1 - Proof of Service)(Hintz, Heather)
December 20, 2021	Filing 474 CERTIFICATE of Counsel re #471 Other Hearing, Set Deadlines/Hearings,,,,,, (Plaintiff's Certificate of Service) by Heather L Hintz on behalf of People for the Ethical Treatment of Animals Inc (Attachments: #1 Exhibit 1 - Proof of Mailings)(Hintz, Heather)
December 16, 2021	Filing 473 ORDER granting in part and denying in part #472 Plaintiff's Motion for Status Conference and Trial Briefing Schedule. The motion is GRANTED to the extent that plf seeks a trial briefing schedule (as fully set out in this order). The motion is DENIED to the extent that plf seeks a status conference. Plf is DIRECTED to serve this order on dft Lowe in the same manner as it served the instant motion. Plf shall file proof of service not later than 1/14/2022. In addition, the court notes that dft Lowe has neither appeared by counsel nor filed an entry of appearance pro se. Accordingly, consistent with #459 Court's 7/14/2021 order, Daniel J. Card is DIRECTED to forward this order to dft Lowe and to file proof of service (like doc. no. 465, filed on 8/4/2021) not later than 1/14/2022. Signed by Judge Stephen P. Friot on 12/16/2021. (llg)
December 15, 2021	Filing 472 MOTION for Order (for Status Conference and Trial Briefing Schedule) by People for the Ethical Treatment of Animals Inc. (Hintz, Heather)
November 29, 2021	Filing 471 Minute Entry for proceedings held before Judge Stephen P. Friot: Hearing to consider default judgment held on 11/29/2021. Dft Jeffrey L. Lowe does not appear. Court determines that limited retrospective relief should be ordered by default as to dft Lowe. Court declares that dft Lowe's past acts with respect to the lions identified as Amelia, Leo, Nala and Kahari violated the Endangered Species Act and its implementing regulations. This determination will be included in the final judgment to be entered at the conclusion of this action. Bench Trial on remaining claims set for 2/2/2022 09:00 AM in Courtroom 401 before Judge Stephen P. Friot. Pretrial Report to be filed and served by plf on dft Lowe by 1/14/2022. Court also DIRECTS plf to serve the minute sheet for this hearing on dft Lowe. (Court Reporter Tracy Thompson.) (llg)
November 24, 2021	Filing 470 SUPPLEMENT in Support of Default Judgment by People for the Ethical Treatment of Animals Inc. (Attachments: #1 Exhibit 1 - Transcribed TMZ Interview, #2 Exhibit 2 - TMZ Article, #3 Exhibit 3 - Consent Decree, #4 Exhibit 4 - Notice re Consent Decree)(Hintz, Heather)
October 12, 2021	Filing 469 CERTIFICATE of Counsel re #467 Order on Motion for Summary Judgment, #468 Order, Set Hearings,, by Daniel J Card on behalf of JEFFREY L. LOWE (Attachments: #1 Exhibit Green Card)(Card, Daniel)
September 27, 2021	Filing 468 ORDER re #459 7/14/2021 Order on Motion to Withdraw as Attorney. A hearing for the purpose of considering a default judgment along the lines set out in this order is SET for 11/29/2021 01:30 PM in Courtroom 401 Judge Stephen P. Friot. Per his continuing obligation to do so, atty Card is DIRECTED to promptly forward this order to dft Lowe & to file a certificate of service. Signed by Judge Stephen P. Friot on 9/27/2021. (llg)
September 27, 2021	Filing 467 ORDER denying #406 Plaintiff's Motion for Summary Judgment. Based on atty Card's ongoing obligations under #459 7/14/2021 Order, he is DIRECTED to promptly forward this order to dft Lowe & to file a certificate of service. Signed by Judge Stephen P. Friot on 9/27/2021. (llg) Modified on 9/27/2021 (llg).
September 17, 2021	Filing 466 AFFIDAVIT of Service for Order of Withdrawal of Counsel of Record served on Jeffrey Lowe on 9/16/2021, filed by Defendant JEFFREY L. LOWE. (Attachments: #1 Affidavit Affidavit of Service of Withdrawal Order)(Card, Daniel)
August 4, 2021	Filing 465 NOTICE (other) by JEFFREY L. LOWE of Service of Court's Order Allowing Withdrawal of Counsel (Attachments: #1 Exhibit Receipt of Cert Mail, #2 Exhibit Proof of Receipt)(Card, Daniel)
August 4, 2021	Filing 464 ENTRY of Appearance by Caitlin Hawks on behalf of People for the Ethical Treatment of Animals Inc (Hawks, Caitlin)
August 4, 2021	Filing 463 ENTRY of Appearance by Asher Smith on behalf of People for the Ethical Treatment of Animals Inc (Smith, Asher)
July 22, 2021	Filing 462 ORDER granting #460 Motion to Appear Pro Hac Vice Filed on Behalf of Attorney Asher Smith, granting #461 Motion to Appear Pro Hac Vice Filed on Behalf of Attorney Caitlin K. Hawks (as fully set out in this order). Signed by Honorable Stephen P. Friot on 7/22/2021. (llg)
July 22, 2021	Filing 461 MOTION for Leave to Appear Pro Hac Vice Filed on Behalf of Attorney Caitlin K. Hawks Filing fee $ 50, receipt number AOKWDC-3727025 by People for the Ethical Treatment of Animals Inc. (Attachments: #1 Exhibit 1 - Application of Caitlin Hawks)(Hintz, Heather)
July 22, 2021	Filing 460 MOTION for Leave to Appear Pro Hac Vice Filed on Behalf of Attorney Ashser Smith Filing fee $ 50, receipt number AOKWDC-3727020 by People for the Ethical Treatment of Animals Inc. (Attachments: #1 Exhibit 1 - Application of Asher Smith)(Hintz, Heather)
July 14, 2021	Filing 459 ORDER granting #456 Motion to Withdraw as Counsel of Record for Defendant. Attorney Daniel J Card withdrawn as counsel for Jeffrey Lowe, SUBJECT to the conditions set out in this order. Dft Lowe is DIRECTED to engage replacement counsel, with such counsel to file an entry of appearance within 14 days of the date of entry of this order; alternatively, dft Lowe may file a pro se entry of appearance within 14 days of the date of this order. Failure to comply may result in motions or claims being adjudicated against dft. Mr. Card is DIRECTED to promptly serve this order on dft Lowe and to file a certificate of service. Signed by Honorable Stephen P. Friot on 7/14/2021. (llg)
July 14, 2021	Filing 458 ORDER regarding pro hac vice admission of plaintiff's non-resident attorneys (as fully set out in this order). Signed by Honorable Stephen P. Friot on 7/14/2021. (llg)
July 14, 2021	Filing 457 ORDER granting as confessed #440 Motion for Leave to File Supplemental Evidence from U.S. v. Lowe, filed by People for the Ethical Treatment of Animals Inc, #441 Motion for Leave to File Supplemental Evidence Previously Withheld, filed by People for the Ethical Treatment of Animals Inc and #442 Motion for Leave to File Supplemental Authority, filed by People for the Ethical Treatment of Animals Inc. The exhibits attached to said motions may be considered by the court in conjunction with #406 Motion for Summary Judgment Against Jeff Lowe, filed by People for the Ethical Treatment of Animals Inc. If Lowe seeks to respond to the supplemental evidence, he may do so within 28 days of the date of this order. Any reply brief by PETA is due 14 days from the filing of any response brief. Paragraph 2(f) of #269 Order is STRICKEN. Ddls for motions in limine & trial briefs will be established by this court when this action is set for trial. In future filings, the parties are DIRECTED to include docket numbers and other identifiers (such as page numbers and/or paragraph numbers) when citing the record. This is important given the lengthy record and the fact that this action has only recently been transferred to this court. Any filing which does not provide adequate references to the record may be stricken. Signed by Honorable Stephen P. Friot on 7/14/2021. (llg)
July 13, 2021	Filing 456 MOTION to Withdraw as Attorney by JEFFREY L. LOWE. (Card, Daniel)
July 12, 2021	Filing 455 NOTICE OF RELATED OR COMPANION CASE by People for the Ethical Treatment of Animals Inc (Hintz, Heather)
July 9, 2021	Filing 454 ENTRY of Appearance by Heather L Hintz on behalf of People for the Ethical Treatment of Animals Inc (Hintz, Heather)
July 2, 2021	Filing 453 Case transferred in from District of Indiana Southern; Case Number 4:17-cv-00186.
July 1, 2021	Filing 452 Transfer Letter to Clerk of the Western District of Oklahoma. Case transferred electronically to Western District of Oklahoma, on 7/1/2021. (TMC) [Transferred from Indiana Southern on 7/2/2021.]
July 1, 2021	Filing 451 ORDER TRANSFERRING CASE - PETA's objections are OVERRULED, and the court now TRANSFERS this case to the Western District of Oklahoma. The court notes for the Oklahoma court that the following motions are being transferred: PETA's Motion for Summary Judgment (Filing No. #406 ), and Motions for Leave to Introduce Supplemental Evidence (Filing No. #440 , #441 , #442 ). The clerk is designated to transfer this matter to the Western District of Oklahoma (See Order). Signed by Judge Richard L. Young on 7/1/2021.(TMC) [Transferred from Indiana Southern on 7/2/2021.]
June 17, 2021	Filing 450 RESPONSE , re #449 Order to Show Cause, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 - Correspondence)(Smith, Asher) [Transferred from Indiana Southern on 7/2/2021.]
June 14, 2021	Filing 449 ORDER TO SHOW CAUSE - PETA is directed to SHOW CAUSE why this case should not be dismissed or transferred as fully explained above. PETA shall respond no later than June 25, 2021 (See Order). Signed by Judge Richard L. Young on 6/14/2021 (Copies mailed per distribution list).(TMC) [Transferred from Indiana Southern on 7/2/2021.]
June 14, 2021	Filing 448 ENTRY ON MOTION FOR ATTORNEYS' FEES AND BILL OF COSTS - PETA's Motion for Attorneys' Fees (Filing No. #446 ) is GRANTED in part and DENIED in part. PETA's Motion for Bill of Costs (Filing No. #445 ) is GRANTED. The court awards PETA $696,091.11 in attorneys' fees and expenses and $37,906.59 in costs. The WIN Defendants shall be jointly and severally liable. No separate judgment is required for this ruling (See Entry). Signed by Judge Richard L. Young on 6/14/2021 (Copies mailed per distribution list). (TMC) [Transferred from Indiana Southern on 7/2/2021.]
May 10, 2021	Filing 447 BRIEF/MEMORANDUM in Support re #446 MOTION for Attorney Fees and Expenses , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 - A. Smith Declaration, #2 Exhibit A to Smith Declaration, #3 Exhibit 2 - PETA Time Records, #4 Exhibit 3 - Barnes Time Records, #5 Exhibit 4 - G. Walters Declaration, #6 Exhibit 5 - B. Lewis Declaration, #7 Exhibit 6 - P. Olszowka Declaration, #8 Exhibit 7 - Expert Fees)(Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]
May 10, 2021	Filing 446 MOTION for Attorney Fees and Expenses, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]
May 7, 2021	Filing 445 BILL OF COSTS by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Affidavit of P. Olszowka, #2 Exhibit 1 - 6)(Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]
April 26, 2021	Filing 444 PARTIAL FINAL JUDGMENT - For reasons explained in the court's entry issued today and summary judgment entry issued on August 3, 2020, the court now enters partial final judgment in favor of People for the Ethical Treatment of Animals, Inc. and against Wildlife in Need and Wildlife in Deed, Inc., Timothy Stark, and Melisa Stark. Signed by Judge Richard L. Young on 4/26/2021 (Copies mailed per distribution list).(TMC) [Transferred from Indiana Southern on 7/2/2021.]
April 26, 2021	Filing 443 ENTRY ON MOTION FOR PARTIAL FINAL JUDGMENT - PETA's Motion for Partial Final Judgment (Filing No. #439 ) is GRANTED. Final judgment shall issue accordingly (See Entry). Signed by Judge Richard L. Young on 4/26/2021 (Copies mailed per distribution list). (TMC) [Transferred from Indiana Southern on 7/2/2021.]
April 16, 2021	Filing 442 MOTION for Leave to File Supplemental Authority, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A - USDA Decision and Order, #2 Text of Proposed Order)(Smith, Asher) [Transferred from Indiana Southern on 7/2/2021.]
March 2, 2021	Filing 441 MOTION for Leave to File Supplemental Evidence Previously Withheld, in support of #406 MOTION for Summary Judgment Against Jeff Lowe, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A-D, #2 Text of Proposed Order)(Smith, Asher) Modified on 3/3/2021 to create entry relationship (TMC). [Transferred from Indiana Southern on 7/2/2021.]
December 2, 2020	Filing 440 MOTION for Leave to File Supplemental Evidence from U.S. v. Lowe, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 - L. Lowe Statement, #2 Exhibit 2 - Photos, #3 Exhibit 3 - Declaration, #4 Text of Proposed Order)(Smith, Asher) [Transferred from Indiana Southern on 7/2/2021.]
November 17, 2020	Filing 439 MOTION for Entry of a Final Judgment as to WIN Defendants, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
October 30, 2020	Filing 438 REPLY in Support of Motion re #406 MOTION for Summary Judgment Against Jeff Lowe , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 - 6/2/20 Letter, #2 Exhibit 2 - 6/2/20 Email)(Smith, Asher) [Transferred from Indiana Southern on 7/2/2021.]
October 28, 2020	Filing 437 ORDER granting #431 Motion for Leave to File Supplemental Evidence. The Court may consider the evidence cited in and/or attached to the Motion in conjunction with ECF No. #406 . Signed by Magistrate Judge Debra McVicker Lynch on 10/28/2020 (Copies mailed per distribution list). (TMC) [Transferred from Indiana Southern on 7/2/2021.]
October 28, 2020	Filing 436 Order Requiring Company Defendant to Appear by Counsel - Counsel for defendant Wildlife in Need and Wildlife in Deed, Inc. ("WIN") recently withdrew from the case. WIN must be represented by a lawyer. Because WIN is an entity and not a person, it is not "permitted to litigate in a federal court unless it is represented by a lawyer licensed to practice in that court." United States v. Hagerman, 545 F.3d 579, 581 (7th Cir. 2008). Defendant WIN must appear by counsel by November 13, 2020. Signed by Magistrate Judge Debra McVicker Lynch on 10/28/2020 (Copies mailed per distribution list).(TMC) [Transferred from Indiana Southern on 7/2/2021.]
October 17, 2020	Filing 435 RESPONSE in Opposition re #406 MOTION for Summary Judgment Against Jeff Lowe , filed by Defendant JEFFREY L. LOWE. (Attachments: #1 Exhibit Jeff Lowe Deposition)(Card, Daniel) [Transferred from Indiana Southern on 7/2/2021.]
October 14, 2020	Filing 434 ORDER granting #430 Motion to Withdraw Attorney Appearance. Attorney J. Clayton Culotta and Jennifer H. Culotta withdrawn as to WILDLIFE IN NEED AND WILDLIFE IN DEED, INC. Signed by Magistrate Judge Debra McVicker Lynch on 10/14/2020 (Copies mailed per distribution list). (TMC) [Transferred from Indiana Southern on 7/2/2021.]
October 14, 2020	Receipt of 1 Flash Drive re #433 NOTICE of Manual Filing re #432 Brief/Memorandum in Support, Exhibits 9, 10, 11, 12 and 14, filed by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. (Smith, Asher) Modified on 10/14/2020 to add exhibit numbers(TMC). (JRB) [Transferred from Indiana Southern on 7/2/2021.]
October 13, 2020	Filing 433 NOTICE of Manual Filing re #432 Brief/Memorandum in Support, Exhibits 9, 10, 11, 12 and 14, filed by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. (Smith, Asher) Modified on 10/14/2020 to add exhibit numbers(TMC). [Transferred from Indiana Southern on 7/2/2021.]
October 13, 2020	Filing 432 BRIEF/MEMORANDUM in Support re #431 MOTION FOR LEAVE TO FILE SUPPLEMENTAL EVIDENCE REGARDING KAHARI'S DEATH AND SURVIVING LIONS' MEDICAL HISTORIES IN CONJUNCTION WITH SUMMARY JUDGMENT , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Supplement Index to Exhibits, #2 Exhibit 1-7, #3 Exhibit 8, #4 Exhibit 9-18, #5 Exhibit 19-23)(Smith, Asher) [Transferred from Indiana Southern on 7/2/2021.]
October 13, 2020	Filing 431 MOTION FOR LEAVE TO FILE SUPPLEMENTAL EVIDENCE REGARDING KAHARI'S DEATH AND SURVIVING LIONS' MEDICAL HISTORIES IN CONJUNCTION WITH SUMMARY JUDGMENT, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Smith, Asher) Modified on 10/14/2020 to correct event selection (TMC). [Transferred from Indiana Southern on 7/2/2021.]
October 9, 2020	Filing 430 MOTION to Withdraw Attorney Appearance of J. Clayton Culotta & Jennifer H. Culotta, filed by Defendant WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Text of Proposed Order)(Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]
October 1, 2020	Filing 429 ORDER granting #426 Motion for Extension of Time to File Response to 10/16/2020 re #406 MOTION for Summary Judgment Against Jeff Lowe. The deadline for PETA to file a reply in support of its Motion for Summary Judgment is November 6, 2020 (See Order). Signed by Magistrate Judge Debra McVicker Lynch on 10/1/2020 (Copies mailed per distribution list). (TMC) [Transferred from Indiana Southern on 7/2/2021.]
October 1, 2020	Filing 428 ORDER denying as moot #404 MOTION FOR PROPOSED OMNIBUS TRANSFER ORDER. The court addressed all transfer issues in its September 15, 2020 ruling (Dkt. #416 ) on the plaintiff's motion for protective order. Signed by Magistrate Judge Debra McVicker Lynch on 10/1/2020 (Copies mailed per distribution list). (TMC) [Transferred from Indiana Southern on 7/2/2021.]
October 1, 2020	Filing 427 ORDER granting #375 Motion for Attorney Fees. The court AWARDS under Rule 37 attorneys' fees to PETA, and against defendant Jeffrey L. Lowe, in the amount of $2,539.05 (See Order). Signed by Magistrate Judge Debra McVicker Lynch on 10/1/2020 (Copies mailed per distribution list). (TMC) [Transferred from Indiana Southern on 7/2/2021.]
September 30, 2020	Filing 426 Amended MOTION for Extension of Time to 10/16/2020 in which to #425 Joint MOTION for Extension of Time to 10-16-2020 in which to #406 MOTION for Summary Judgment Against Jeff Lowe and for Plaintiff's Reply to Response , filed by Defendant JEFFREY L. LOWE. (Attachments: #1 Text of Proposed Order Proposed Order)(Card, Daniel) Modified on 10/1/2020 to correct event selection (TMC). [Transferred from Indiana Southern on 7/2/2021.]
September 30, 2020	Filing 425 Joint MOTION for Extension of Time to 10-16-2020 in which to #406 MOTION for Summary Judgment Against Jeff Lowe and for Plaintiff's Reply to Response, filed by Defendant JEFFREY L. LOWE. (Card, Daniel) [Transferred from Indiana Southern on 7/2/2021.]
September 25, 2020	Filing 424 ORDER granting #371 Motion to Withdraw Attorney Appearance. Attorney J. Clayton Culotta and Jennifer H. Culotta withdrawn as to MELISA D. STARK. The court directs the Clerk to update Ms. Stark's contact information on the docket as follows: 1927 Harmony Circle, Charlestown, IN 47111, phone: 812-406-6977 (See Order). Signed by Magistrate Judge Debra McVicker Lynch on 9/25/2020 (Copies mailed per distribution list). (TMC) [Transferred from Indiana Southern on 7/2/2021.]
September 22, 2020	Filing 423 CERTIFICATE of Counsel of Compliance Regarding Indiana Big Cat Transfers on Behalf of PETA, WIN, and Ms. Stark (Joint) by Asher Smith on behalf of PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. (Smith, Asher) [Transferred from Indiana Southern on 7/2/2021.]
September 22, 2020	Filing 422 CERTIFICATE of Counsel of Compliance Regarding Oklahoma Big Cat Transfers by Asher Smith on behalf of PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. (Smith, Asher) [Transferred from Indiana Southern on 7/2/2021.]
September 17, 2020	Filing 421 NOTICE OF PLAN REGARDING BIG CAT SANCTUARIES RE #416 , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. (Smith, Asher) Modified on 9/18/2020 to create entry relationship (TMC). [Transferred from Indiana Southern on 7/2/2021.]
September 16, 2020	Filing 420 NOTICE , filed by Defendant JEFFREY L. LOWE, re #417 Order. (Attachments: #1 Exhibit Kicked In Door, #2 Exhibit Necropsy, #3 Exhibit Dart Photograph) (Card, Daniel) [Transferred from Indiana Southern on 7/2/2021.]
September 16, 2020	Filing 419 NOTICE of Service of Orders, filed by Defendant WILDLIFE IN NEED AND WILDLIFE IN DEED, INC., re #418 Order. (Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]
September 15, 2020	Filing 418 ORDER Directing Counsel for WIN to Serve Orders on Timothy Stark - The court directs that counsel for defendant WIN, J. Clayton Culotta, serve on Timothy Stark, who is pro se, copies of the orders entered by the court on this date (Dkts. 413, 414, 415, 416, and 417). Service should be made by email and/or by hand delivery to assure that Mr. Stark has access to these orders promptly. Signed by Magistrate Judge Debra McVicker Lynch on 9/15/2020. Copies mailed to Tim Stark and Daniel Card on 9/16/20.(AKW) Modified to update dist. on 9/16/2020 (AKW). [Transferred from Indiana Southern on 7/2/2021.]
September 15, 2020	Filing 417 ORDER Directing Defendant Lowe to Provide Information Regarding Big Cats - To assist the court in connection with the effectuation of its Permanent Injunction and the transfer of Big Cats, the court directs defendant Jeffrey L. Lowe to (a) identify the physical location (by address and name of facility, if any) of each of the Big Cats, apparently known as Amelia, Kahari, Leo, and Nala, which were brought by Timothy Stark to Mr. Lowe in or about August 2019 and (b) identify any medical records, within his possession, custody, or control, with respect to any of these Big Cats that have not been previously produced by him to the plaintiff. The identity of the physical location of these Big Cats must be filed with the court by September 17, 2020. The identification of medical records must be provided to the plaintiff by September 17, 2020.Signed by Magistrate Judge Debra McVicker Lynch on 9/15/2020. Copies mailed to Tim Stark and Daniel Card on 9/16/20.(AKW) Modified to update dist. on 9/16/2020 (AKW). [Transferred from Indiana Southern on 7/2/2021.]
September 15, 2020	Filing 416 ORDER on Plaintiff's Motion for Protective Order #383 . Being duly advised, the court makes the following orders on the plaintiff's motion for protective order to effectuate the safe and orderly transfer of the Big Cats. SEE ORDER FOR DETAILS. Signed by Magistrate Judge Debra McVicker Lynch on 9/15/2020. Copies mailed to Tim Stark and Daniel Card on 9/16/20.(AKW) Modified to update dist. on 9/16/2020 (AKW). [Transferred from Indiana Southern on 7/2/2021.]
September 15, 2020	Filing 415 MODIFIED PERMANENT INJUNCTION - In light of the court's Entry issued today, the court now issues this modified permanent injunction. See Order for details. Signed by Judge Richard L. Young on 9/15/2020 (Copy mailed to Timothy Stark and Attorney Daniel J. Card).(LBT) [Transferred from Indiana Southern on 7/2/2021.]
September 15, 2020	Filing 414 ENTRY (1) ON PETA'S MOTION FOR APPOINTMENT OF SPECIAL MASTER AND FOR DETERMINATION OF SANCTUARIES FOR PLACEMENT OF BIG CATS, (2) CLARIFYING SCOPE OF PERMANENT INJUNCTION, AND (3) APPROVING TRANSFER OF BIG CATS - #381 Motion for Appointment of Special Master is DENIED. #382 Motion for Determination of the Sanctuaries is GRANTED. The court will modify its injunction to clarify that all of the WIN Defendants' Big Cats, as defined above, are subject to the court's injunction. The court approves Turpentine Creek Wildlife Refuge in Eureka Springs, Arkansas, and the Wild Animal Sanctuary in Keenesburg, Colorado, as relocation sanctuaries and directs that all of the WIN Defendants Big Cats be transferred to such sanctuaries in such manner directed by separate order. See Entry for details. Signed by Judge Richard L. Young on 9/15/2020 (Copy mailed to Timothy Stark and Attorney Daniel J. Card). (LBT) [Transferred from Indiana Southern on 7/2/2021.]
September 15, 2020	Filing 413 ORDER granting #412 MOTION TO SUPPLEMENT EVIDENCE. The Court may consider evidence cited in and/or attached to the Motion in conjunction with ECF Nos. #383 and #404 . Signed by Magistrate Judge Debra McVicker Lynch on 9/15/2020 (Copies mailed per distribution list). (TMC) [Transferred from Indiana Southern on 7/2/2021.]
September 14, 2020	Filing 412 MOTION TO SUPPLEMENT EVIDENCE IN SUPPORT OF #383 MOTIONS FOR ENTRY OF PROTECTIVE ORDER, #404 MOTION FOR PROPOSED OMNIBUS TRANSFER ORDER, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 - 9-14-20 Emerg. Rule to Show Cause, #2 Exhibit 2 - 9-20-20 Corresp, #3 Exhibit 3 - Broadwell Aff, #4 Exhibit 4 - 9-11-20 Emerg. Rule to Show Cause, #5 Text of Proposed Order)(Smith, Asher) Modified on 9/15/2020 to create entry relationships(TMC). [Transferred from Indiana Southern on 7/2/2021.]
September 11, 2020	Filing 411 NOTICE REGARDING LOGISTICS OF BIG CAT TRANSFERS, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. (Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
September 11, 2020	Filing 410 Witness List , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A-Witness List)(Smith, Asher) [Transferred from Indiana Southern on 7/2/2021.]
September 11, 2020	Filing 409 Exhibit List , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A-Exhibit List)(Smith, Asher) [Transferred from Indiana Southern on 7/2/2021.]
September 11, 2020	Filing 408 DECLARATION of Asher Smith re #407 Brief/Memorandum in Support by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1-Lowe 6-15 Deposition, #2 Exhibit 2- Lowe 5-27 Deposition, #3 Exhibit 3-Lowe 8-12 Deposition, #4 Exhibit 4-Lowe email, #5 Exhibit 5-Smith email, #6 Exhibit 6-Vet records, #7 Exhibit 7-Pratt Rept, #8 Exhibit 8-Conrad Rept, #9 Exhibit 9-USDA Rept, #10 Exhibit 10-Ex to Lowe Dep, #11 Exhibit 11-Complaint, #12 Exhibit 12-Grace Declaration, #13 Exhibit 13-Inspection Rept)(Smith, Asher) Modified on 9/14/2020 - created link to #406 (RSF). [Transferred from Indiana Southern on 7/2/2021.]
September 11, 2020	Filing 407 BRIEF/MEMORANDUM in Support re #406 MOTION for Summary Judgment Against Jeff Lowe , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Smith, Asher) [Transferred from Indiana Southern on 7/2/2021.]
September 11, 2020	Filing 406 MOTION for Summary Judgment Against Jeff Lowe, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Smith, Asher) [Transferred from Indiana Southern on 7/2/2021.]
September 11, 2020	Filing 405 ENTRY ON TELEPHONIC HEARING OF SEPTEMBER 10, 2020 BEFORE DEBRA MCVICKER LYNCH, MAGISTRATE JUDGE. Parties appear telephonically, plaintiffs by Brian Lewis, Paul Olszowka, Asher Smith, Caitlin Hawks, Gabe Walters and Brittany Peet (Client Representative of PETA); defendant WIN appears by Clay Culotta and Jessica Amin (Board Member for WIN), defendant Jeffrey Lowe by Daniel Card and Defendant Tim Stark appears on his own behalf for a conference set this date. Any rulings shall issue by separate order. Signed by Magistrate Judge Debra McVicker Lynch. (Copies mailed per distribution list) (AKW) [Transferred from Indiana Southern on 7/2/2021.]
September 10, 2020	Filing 404 MOTION FOR PROPOSED OMNIBUS TRANSFER ORDER, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
September 10, 2020	Filing 401 SCHEDULING ORDER: A Telephone Conference is set for 9/10/2020 at 4:00 PM (Eastern Time) before Magistrate Judge Debra McVicker Lynch. The information needed to participate in this telephonic conference will be provided by a separate notification. Signed by Debra McVicker Lynch on 9/10/2020.(TMD) [Transferred from Indiana Southern on 7/2/2021.]
September 10, 2020	Filing 400 ENTRY Directing Further Proceedings - The court has scheduled a status conference in this matter on September 10, 2020 at 4:00 p.m. eastern standard time. The parties should be prepared to discuss the upcoming transfer of the Big Cats. Specifically, the parties should be prepared to discuss the days and times when the animals can be transferred. Signed by Magistrate Judge Debra McVicker Lynch on 9/10/2020. (Copy to pro se defendants)(AKW) [Transferred from Indiana Southern on 7/2/2021.]
September 9, 2020	Filing 403 ORDER granting #395 Motion to Appear pro hac vice. Attorney Daniel J. Card for JEFFREY L. LOWE added. The court GRANTS Daniel J. Card leave to appear pro hac vice in this case on behalf of defendant Jeff Lowe, provided the $100.00 administrative fee is paid by September 18, 2020. The court FURTHER ORDERS that Daniel J. Card register as a user of the court's electronic case filing system by September 18, 2020. Failure to register could result in the revocation of his admission pro hac vice. Signed by Magistrate Judge Debra McVicker Lynch on 9/9/2020 (Copies mailed per distribution list). (TMC) [Transferred from Indiana Southern on 7/2/2021.]
September 9, 2020	Filing 399 REPLY in Support of Motion re #383 MOTION for Entry of Protective Order to Ensure Safe Transfer of the Big Cats , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 - Broadwell Affidavit)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
September 9, 2020	Filing 398 NOTICE OF LIST OF BIG CATS AND ADDITIONAL DECLAWING, re #391 filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. (Attachments: #1 Exhibit 1-Culotta correspondence) (Smith, Asher) Modified on 9/9/2020 to create entry relationship (TMC). [Transferred from Indiana Southern on 7/2/2021.]
September 8, 2020	Filing 397 NOTICE , filed by Defendants TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC., re #391 Order. (Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]
September 8, 2020	Filing 396 RESPONSE in Opposition re #383 MOTION for Entry of Protective Order to Ensure Safe Transfer of the Big Cats , filed by Defendants TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Exhibit Counsel letter 8/21/20)(Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]
September 8, 2020	Filing 395 MOTION for Attorney(s) Daniel J. Card to Appear pro hac vice (No fee paid with this filing), filed by Defendant JEFFREY L. LOWE. (Attachments: #1 Proposed Order, #2 Cover Letter, #3 Envelope)(TMC) [Transferred from Indiana Southern on 7/2/2021.]
September 8, 2020	Filing 394 REPLY in Support of Motion re #382 MOTION for Determination of Sanctuaries for Placement of Big Cats, #381 MOTION for Appointment of Special Master , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1-Craig Declaration)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
September 4, 2020	Filing 393 CERTIFICATE of Counsel of Compliance by Paul T. Olszowka on behalf of PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. (Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]
September 3, 2020	Filing 392 RESPONSE in Opposition re #382 MOTION for Determination of Sanctuaries for Placement of Big Cats, #381 MOTION for Appointment of Special Master , filed by Defendants TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Affidavit - Declaration of J. Clayton Culotta, #2 Affidavit - Declaration of Jessica Amin, #3 Affidavit - Declaration of Daniel Chambers, #4 Affidavit - Declaration of Robert Candy, #5 Affidavit - Declaration of Jessica Candy-Simmons, #6 Affidavit - Declaration of Elizabeth Kochert, #7 Affidavit - Declaration of Tim Stark)(Culotta, J.) Modified on 9/4/2020 to describe attachments (TMC). [Transferred from Indiana Southern on 7/2/2021.]
September 3, 2020	Filing 391 Order Requiring Identification of Big Cats - The court directs the parties immediately to confer to (a) identify (by name, other identifying information, and location) all Big Cats (lions, tigers, and hybrids thereof) that are within the ownership, possession, custody, or control of any of the WIN Defendants and (b) identify any medical records with respect to any of these Big Cats that have not previously been produced to the plaintiff in this litigation. PETA must provide to the WIN Defendants within two business days of the entry of this order a list of the Big Cats (and their identifying information) it believes fall within paragraph (a) above. Within two business days thereafter, the WIN Defendants must (1) advise PETA about any inaccuracies within PETA's list, (2) identify any Big Cats within their ownership, possession, custody, or control that are not contained on PETA's list, and (3) produce to PETA any medical records with respect to any of the Big Cats they have that were not previously produced to PETA in this litigation (See Order). Signed by Magistrate Judge Debra McVicker Lynch on 9/3/2020 (Copies mailed per distribution list).(TMC) [Transferred from Indiana Southern on 7/2/2021.]
September 1, 2020	Filing 390 Order on Motion for Expedited Briefing - The Court GRANTS PETA's motion for expedited briefing, dkt. #385 , as follows: The WIN Defendants shall file their responses to PETA's Motion for Appointment of a Special Master (Dkt. #381 ) and Motion for Determination of Sanctuaries (Dkt. #382 ) by Thursday, September 3, 2020. The WIN Defendants shall file their response to PETA's Motion for Entry of Protective Order (Dkt. #383 ) by Tuesday, September 8, 2020 (See Order). Signed by Magistrate Judge Debra McVicker Lynch on 9/1/2020 (Copies mailed per distribution list). (TMC) [Transferred from Indiana Southern on 7/2/2021.]
September 1, 2020	Filing 389 Order on Motion for Leave to File Supplemental Evidence - The court GRANTS the plaintiff's motion, dkt. #386 , to submit as supplemental evidence the August 28, 2020 order of the Marion Superior Court (at Dkt. 387-1) granting the State of Indiana's motion for removal of animals pending a final judgment. The court may consider this order of the Marion Superior Court in conjunction with ruling on the foregoing motions (See Order). Signed by Magistrate Judge Debra McVicker Lynch on 9/1/2020 (Copies mailed per distribution list). (TMC) [Transferred from Indiana Southern on 7/2/2021.]
August 31, 2020	Filing 388 SECOND ENTRY ON PENDING MOTIONS - As more fully explained above, Stark's Motion to Order Jeff Lowe to return the Cubs #270 is DENIED. PETA's Petition to Show Cause Why Defendants should not be Held in Contempt and Sanctioned #264 is DENIED. PETA's Motion to Strike the WIN Defendants' Counterclaims, Affirmative Defenses, and Jury Demand #299 is GRANTED. PETA's Motion to Dismiss the Counterclaims #298 is DENIED as MOOT. And PETA's Emergency Petition for Contempt and Sanctions #359 is DENIED in part as MOOT and DENIED in part WITHOUT PREJUDICE. SEE ORDER. Copy sent to parties via US Mail. Signed by Judge Richard L. Young on 8/31/2020. (JRB) Modified on 9/1/2020 to link to correct motion (LBT). [Transferred from Indiana Southern on 7/2/2021.]
August 28, 2020	Filing 387 BRIEF/MEMORANDUM in Support re #386 MOTION for Leave to File Supplemental Evidence, #385 MOTION for Expedited Briefing , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1)(Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]
August 28, 2020	Filing 386 MOTION for Leave to File Supplemental Evidence, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]
August 28, 2020	Filing 385 MOTION for Expedited Briefing, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]
August 25, 2020	Filing 384 BRIEF/MEMORANDUM in Support re #382 MOTION for Determination of Sanctuaries for Placement of Big Cats, #381 MOTION for Appointment of Special Master, #383 MOTION for Entry of Protective Order to Ensure Safe Transfer of the Big Cats , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Supplement Index to Exhibits, #2 Exhibit 1-Proposed Order, #3 Exhibit 2-Castillo Bio, #4 Exhibit 3-Craig Declaration, #5 Exhibit 4-Smith Declaration, #6 Exhibit 5-Lowe Deposition, #7 Exhibit 6-Stay Petition Dec, #8 Exhibit 7-Ltr to T. Stark, #9 Exhibit 8-Culotta email, #10 Exhibit 9-T. Stark Transcript, #11 Exhibit 10-USDA Transcript, #12 Exhibit 11-USDA Inspection, #13 Exhibit 12-Broadwell Affidavit)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
August 25, 2020	Filing 383 MOTION for Entry of Protective Order to Ensure Safe Transfer of the Big Cats, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
August 25, 2020	Filing 382 MOTION for Determination of Sanctuaries for Placement of Big Cats, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
August 25, 2020	Filing 381 MOTION for Appointment of Special Master, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
August 3, 2020	Filing 380 ENTRY ON PENDING MOTIONS - The WIN Defendants' Motion to Order Plaintiff to Give Security (Filing No. 326) and PETA's Motion to Strike the WIN Defendants' Motion to Order Plaintiff to Give Security (Filing No. 331) are DENIED as MOOT.2. Stark's Motion for a Jury Trial (Filing No. 256) is DENIED as MOOT. 3. Stark's Motion for Emergency Hearing (Filing No. 336) and PETA's Motion foran Emergency Hearing (Filing No. 337) are DENIED as MOOT. 4. Motion to Strike Response in Opposition to Motion for Partial Summary Judgment (Filing No. 367) is DENIED as MOOT. 5. PETA's Motion to Show Cause Why the WIN Defendants and Jeff Lowe should not be Held in Contempt (Filing No. 264); Stark's Motion to Order Jeff Lowe to Return the Cubs (Filing No. 270); PETA's Motion to Dismiss the WIN Defendants' Counterclaim (Filing No. 298); PETA's Motion to Strike the WIN Defendants' Amended Answer (Filing No. 299); Motion for Emergency Petition to Show Cause Why All Defendants Should not be Held in Contempt (Filing No. 359) remain UNDER ADVISEMENT. SEE ORDER. Copy sent to parties via US Mail. Signed by Judge Richard L. Young on 8/3/2020. (JRB) [Transferred from Indiana Southern on 7/2/2021.]
August 3, 2020	Filing 379 PERMANENT INJUNCTION - SEE ORDER. Signed by Judge Richard L. Young on 8/3/2020.(JRB) [Transferred from Indiana Southern on 7/2/2021.]
August 3, 2020	Filing 378 ENTRY ON CROSS-MOTIONS FOR PARTIAL SUMMARY JUDGMENT - For the reasons above, PETA's Motion for Partial Summary Judgment (Filing No. 315) is GRANTED. An order accompanying this Entry will spell out the details of the injunction. PETA's request for a hearing to consider the appointment of a special masteror guardian ad litem to identify a reputable sanctuary is DENIED. Within 30 days, PETA shall file a motion (with appropriate evidence) to appoint a special master and identify a reputable wildlife sanctuary. The WIN Defendants can respond accordingly. PETA's request for attorneys' fees and costs is DENIED WITHOUT PREJUDICE. PETA can file a motion for such expenses when there is a final judgment entered in this case, and the court will consider it then. PETA's Motion to Strike (Filing No. 367) is DENIED as MOOT. Stark's Motion for Partial Summary Judgment (Filing No. 289) is DENIED. SEE ORDER. Copy sent to parties via US Mail. Signed by Judge Richard L. Young on 8/3/2020. (JRB) [Transferred from Indiana Southern on 7/2/2021.]
July 29, 2020	Filing 377 ORDER - #374 First MOTION for Extension of Time to August 14, 2020 to Reply re #367 MOTION to Strike #349 Response in Opposition to Motion for Partial Summary Judgment is GRANTED. Defendants Response to Plaintiffs Strike Exhibits and Improper Expert Testimony shall be due on or before August 14, 2020. Plaintiffs Reply shall be due on September 3, 2020. Signed by Magistrate Judge Debra McVicker Lynch on 7/29/2020 (Copies mailed per distribution list). (TMC) [Transferred from Indiana Southern on 7/2/2021.]
July 29, 2020	Filing 376 BRIEF/MEMORANDUM in Support re #375 MOTION for Attorney Fees on PETA's Motion to Compel as to Defendant Jeff Lowe , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 - Summary of Fees, #2 Exhibit 2 - Olszowka Declaration, #3 Exhibit 3 - Smith Declaration)(Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]
July 29, 2020	Filing 375 MOTION for Attorney Fees on #343 PETA's Motion to Compel as to Defendant Jeff Lowe, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Olszowka, Paul) Modified on 7/30/2020 to create entry relationship (TMC). [Transferred from Indiana Southern on 7/2/2021.]
July 27, 2020	Filing 374 First MOTION for Extension of Time to August 14, 2020 to Reply re #367 MOTION to Strike #349 Response in Opposition to Motion for Partial Summary Judgment (Exhibits and Improper Expert Testimony) , filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC., Counter Claimants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Text of Proposed Order)(Culotta, J.) Modified on 7/29/2020 to edit text and modify event selection (TMC). [Transferred from Indiana Southern on 7/2/2021.]
July 24, 2020	Filing 373 Submission of Proposed Order , re #371 MOTION to Withdraw Attorney Appearance of J. Clayton Culotta & Jennifer H. Culotta, filed by Counter Claimants MELISA D. STARK, MELISA D. STARK, Defendant MELISA D. STARK. (Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]
July 23, 2020	Filing 372 REPLY in Support of Motion re #359 MOTION Emergency Petition to Show Cause Why All Defendants Should Not be Held in Contempt and Sanctioned , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 - 5)(Smith, Asher) [Transferred from Indiana Southern on 7/2/2021.]
July 23, 2020	Filing 371 MOTION to Withdraw Attorney Appearance of J. Clayton Culotta & Jennifer H. Culotta, filed by Counter Claimants MELISA D. STARK, MELISA D. STARK, Defendant MELISA D. STARK. (Attachments: #1 Exhibit Proof of Notice, #2 Text of Proposed Order)(Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]
July 20, 2020	Filing 370 REPLY in Support of Motion re #315 MOTION for Partial Summary Judgment , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A - Deposition of T. Stark)(Smith, Asher) [Transferred from Indiana Southern on 7/2/2021.]
July 20, 2020	Filing 369 DECLARATION of Asher Smith re #368 Brief/Memorandum in Support re #367 MOTION to Strike #349 Response in Opposition to #315 Motion for Partial Summary Judgment (Exhibits and Improper Expert Testimony) by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. (Attachments: #1 Exhibit 1 - 7)(Smith, Asher) Modified on 7/21/2020 to create entry relationship (TMC). [Transferred from Indiana Southern on 7/2/2021.]
July 20, 2020	Filing 368 BRIEF/MEMORANDUM in Support re #367 MOTION to Strike #349 Response in Opposition to #315 Motion for Partial Summary Judgment (Exhibits and Improper Expert Testimony) , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Olszowka, Paul) Modified on 7/21/2020 to create entry relationship (TMC). [Transferred from Indiana Southern on 7/2/2021.]
July 20, 2020	Filing 367 MOTION to Strike #349 Response in Opposition to #315 Motion for Partial Summary Judgment (Exhibits and Improper Expert Testimony), filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Olszowka, Paul) Modified on 7/21/2020 to create entry relationship (TMC). [Transferred from Indiana Southern on 7/2/2021.]
July 17, 2020	Filing 366 RESPONSE in Opposition re #359 MOTION Emergency Petition to Show Cause Why All Defendants Should Not be Held in Contempt and Sanctioned , filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Exhibit T. Stark decl., #2 Exhibit articles, #3 Exhibit Dr. Johnston depo. excerpts, #4 Exhibit Animal Inventory, #5 Exhibit GFAS web page)(Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]
July 13, 2020	Filing 365 ORDER - #364 First MOTION to Withdraw Attorney Appearance of J. Clayton Culotta & Jennifer H. Culotta is DENIED WITHOUT PREJUDICE. Any renewed motion must comply fully with the requirements of the Local Rules (See Order). Signed by Magistrate Judge Debra McVicker Lynch on 7/13/2020 (Copies mailed per distribution list). (TMC) [Transferred from Indiana Southern on 7/2/2021.]
July 6, 2020	Filing 364 First MOTION to Withdraw Attorney Appearance of J. Clayton Culotta & Jennifer H. Culotta, filed by Counter Claimants MELISA D. STARK, MELISA D. STARK, Defendant MELISA D. STARK. (Attachments: #1 Text of Proposed Order)(Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]
June 30, 2020	Filing 363 ORDER - #307 Joint MOTION by PETA and WIN Defendants to Amend the Case Management Plan is GRANTED. Dispositive Motions due by 9/11/2020. Discovery due by 8/14/2020 (See Order). Signed by Magistrate Judge Debra McVicker Lynch on 6/30/2020 (Copies mailed per distribution list).(TMC) [Transferred from Indiana Southern on 7/2/2021.]
June 30, 2020	Filing 362 ORDER - The court GRANTS PETA's request under Rule 37 for an award of its fees in bringing the motion to compel (dkt. #343 ). It may file its petition for fees within 30 days of the entry of this order (See Order). Signed by Magistrate Judge Debra McVicker Lynch on 6/30/2020 (Copies mailed per distribution list). (TMC) [Transferred from Indiana Southern on 7/2/2021.]
June 26, 2020	Filing 361 ORDER - #360 Motion for Extension of Time to File Reply to 7/20/2020 re #315 MOTION for Partial Summary Judgment is GRANTED. Signed by Magistrate Judge Debra McVicker Lynch on 6/26/2020 (Copies mailed per distribution list). (TMC) [Transferred from Indiana Southern on 7/2/2021.]
June 24, 2020	Filing 360 MOTION for Extension of Time to File Reply re #315 MOTION for Partial Summary Judgment, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. (Attachments: #1 Text of Proposed Order)(Olszowka, Paul) Modified on 6/26/2020 to edit text (TMC). [Transferred from Indiana Southern on 7/2/2021.]
June 18, 2020	Filing 359 MOTION Emergency Petition to Show Cause Why All Defendants Should Not be Held in Contempt and Sanctioned, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1-9)(Smith, Asher) [Transferred from Indiana Southern on 7/2/2021.]
June 16, 2020	Filing 357 NOTICE of Big Cat Birth, filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC. (Attachments: #1 Exhibit Care Documents) (Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]
June 15, 2020	Filing 358 Receipt of 1 flash drive containing Ex. 12 re #349 RESPONSE in Opposition re #315 MOTION for Partial Summary Judgment. (LBT) [Transferred from Indiana Southern on 7/2/2021.]
June 15, 2020	Filing 356 NOTICE of Manual Filing re #353 Exhibit 12 videos in Support of #349 Response in Opposition to #315 Motion for Partial Summary Judgment, filed by MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC. (Culotta, J.)[Transferred from Indiana Southern on 7/2/2021.]
June 13, 2020	Filing 355 EXHIBIT #45 in Support of #349 Response in Opposition to Motion re #315 MOTION for Partial Summary Judgment , filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]
June 12, 2020	Filing 354 EXHIBIT #31-44 in Support of #349 Response in Opposition to Motion re #315 MOTION for Partial Summary Judgment , filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC. (Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]
June 12, 2020	Filing 353 EXHIBIT #12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28 in Support of #349 Response in Opposition to Motion re #315 MOTION for Partial Summary Judgment , filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC. (Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]
June 12, 2020	Filing 352 EXHIBIT #1, 2, 4, 5, 6, 7, 8, 9, 10 and 11 in Support of #349 Response in Opposition to Motion re #315 MOTION for Partial Summary Judgment , filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC. (Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]
June 12, 2020	Filing 351 EXHIBIT #30 in Support of #349 Response in Opposition to Motion re #315 MOTION for Partial Summary Judgment , filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC. (Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]
June 12, 2020	Filing 350 EXHIBIT #29 in Support of #349 Response in Opposition to Motion re #315 MOTION for Partial Summary Judgment , filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Culotta, J.) Modified on 6/15/2020 to create entry relationship (TMC). [Transferred from Indiana Southern on 7/2/2021.]
June 12, 2020	Filing 349 RESPONSE in Opposition re #315 MOTION for Partial Summary Judgment , filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Appendix List of Exhibits, #2 Affidavit Declaration JCC)(Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]
June 8, 2020	Filing 348 REPLY in Support of Motion re #337 MOTION for Emergency Hearing for Preservation of Big Cats , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 - USDA Hearing, #2 Exhibit 1 - Haddad Report)(Smith, Asher) [Transferred from Indiana Southern on 7/2/2021.]
June 4, 2020	Filing 347 CORRECTED RESPONSE in Opposition re #337 MOTION for Emergency Hearing for Preservation of Big Cats Amended Title, filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC. SEE DKT. 346 FOR EXHIBITS IN SUPPORT. (Culotta, J.) Modified on 6/4/2020 (LBT). [Transferred from Indiana Southern on 7/2/2021.]
June 3, 2020	Filing 346 RESPONSE in Opposition re #337 MOTION for Emergency Hearing for Preservation of Big Cats , filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit)(Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]
June 1, 2020	Filing 345 REPLY in Support of Motion re #336 MOTION for Emergency Hearing, filed by Defendant TIMOTHY L. STARK. (Attachments: #1 Envelope)(TMC) [Transferred from Indiana Southern on 7/2/2021.]
May 29, 2020	Filing 344 BRIEF/MEMORANDUM in Support re #343 MOTION to Compel Mr. Lowe's Participation in Discovery , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 - 6)(Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]
May 29, 2020	Filing 343 MOTION to Compel Mr. Lowe's Participation in Discovery, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]
May 26, 2020	Filing 342 RESPONSE in Opposition re #336 MOTION for Emergency Hearing , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Smith, Asher) [Transferred from Indiana Southern on 7/2/2021.]
May 22, 2020	Filing 341 AGREED Order granting #340 Motion for Extension of Time to File Response and Reply re #315 MOTION for Partial Summary Judgment . Defendants Response to Plaintiffs Motion for Partial Summary Judgment shall be due on or before June 12, 2020. Plaintiffs Reply shall be due on July 3, 2020. Signed by Magistrate Judge Debra McVicker Lynch on 5/22/2020. (LBT) [Transferred from Indiana Southern on 7/2/2021.]
May 21, 2020	Filing 340 First MOTION for Extension of Time to June 12, 2020 to file joint response re #315 MOTION for Partial Summary Judgment filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC. (Attachments: #1 Text of Proposed Order)(Culotta, J.) Modified on 5/22/2020 to edit docket text(TMC). [Transferred from Indiana Southern on 7/2/2021.]
May 21, 2020	Receipt of 1 Flash Drive re: #339 NOTICE OF MANUAL FILING, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. (JRB) [Transferred from Indiana Southern on 7/2/2021.]
May 20, 2020	Filing 339 NOTICE OF MANUAL FILING, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., re #338 Brief/Memorandum in Support. (Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]
May 20, 2020	Filing 338 BRIEF/MEMORANDUM in Support re #337 MOTION for Emergency Hearing for Preservation of Big Cats , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1-9)(Smith, Asher) [Transferred from Indiana Southern on 7/2/2021.]
May 20, 2020	Filing 337 MOTION for Emergency Hearing for Preservation of Big Cats, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Smith, Asher) [Transferred from Indiana Southern on 7/2/2021.]
May 15, 2020	Filing 336 Emergency MOTION for In Person Status Conference, filed by Defendant TIMOTHY L. STARK, Counter Claimant TIMOTHY L. STARK. (TMC) [Transferred from Indiana Southern on 7/2/2021.]
May 8, 2020	Filing 335 ORDER - This Court having been advised that Plaintiff and Defendants have agreed to a briefing schedule in relation to Defendants Motion to Order Plaintiff Give Security [Dkt. #326 ] and Plaintiffs Motion to Strike Motion to Order Plaintiff Give Security [Dkt. #331 ], It is ordered that (1) Defendants Reply to Plaintiffs Response in Opposition to Defendants Joint Motion for Security and Defendants Response to Plaintiffs Motion to Strike shall both be due on or before May 15, 2020; and (2) that Plaintiffs Reply to Defendants Response in Opposition to Motion to Strike shall be filed on or before May 22, 2020. It is further ordered that Defendants Motion for Clarification of Time [Dkt. #333 ] is DENIED as moot.. Signed by Magistrate Judge Debra McVicker Lynch on 5/8/2020 (Copies mailed per distribution list). (TMC) [Transferred from Indiana Southern on 7/2/2021.]
May 7, 2020	Filing 334 Submission of Proposed Order Stipulated and Agreed, re #333 MOTION for Clarification of Time to Reply and Respond, filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]
May 6, 2020	Filing 333 MOTION for Clarification of Time to Reply and Respond re #331 Motion to Strike and #332 Brief in Opposition to(1)WIN Defendants Joint Motion for Security and (2)In Support of Motion to Strike Arguments and Evidence Regarding WIN Defendants 2018 and 2019 Revenue, filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Text of Proposed Order)(Culotta, J.) Modified on 5/7/2020 to create entry relationships and edit text (TMC). [Transferred from Indiana Southern on 7/2/2021.]
May 1, 2020	Filing 332 RESPONSE in Opposition re #326 MOTION to Order Plaintiff Give Security , and in Support of #331 Motion to Strike, #326 MOTION to Order Plaintiff Give Security filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. (Attachments: #1 Exhibit 1-5)(Smith, Asher) Modified on 5/4/2020 to edit text (TMC). [Transferred from Indiana Southern on 7/2/2021.]
May 1, 2020	Filing 331 MOTION to Strike #326 MOTION to Order Plaintiff Give Security , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Smith, Asher) Modified on 5/12/2020 to reopen (TMC). [Transferred from Indiana Southern on 7/2/2021.]
May 1, 2020	Filing 330 DECLARATION of Scott Ehley in Support of #264 PETITION TO SHOW CAUSE, filed by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., WILDLIFE IN NEED AND WILDLIFE IN DEED, INC. (TMC) [Transferred from Indiana Southern on 7/2/2021.]
May 1, 2020	Filing 329 DECLARATION of Darlene Ehley in Support of #264 PETITION TO SHOW CAUSE, filed by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., WILDLIFE IN NEED AND WILDLIFE IN DEED, INC. (TMC) [Transferred from Indiana Southern on 7/2/2021.]
May 1, 2020	Filing 328 ORDER - #313 MOTION For Leave to File Supplemental Evidence in Further Support of Its Petition to Show Cause, (dkt. #264 ) is GRANTED. The Court directs the Clerk to docket the declarations at Dkts. at 314-1 and 314-2.. Signed by Magistrate Judge Debra McVicker Lynch on 5/1/2020 (Copies mailed per distribution list). (TMC) [Transferred from Indiana Southern on 7/2/2021.]
April 28, 2020	Filing 327 BRIEF/MEMORANDUM in Support re #326 MOTION to Order Plaintiff Give Security , filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]
April 28, 2020	Filing 326 MOTION to Order Plaintiff Give Security, filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Text of Proposed Order)(Culotta, J.) Modified on 5/12/2020 to reopen (TMC). [Transferred from Indiana Southern on 7/2/2021.]
April 27, 2020	Filing 325 NOTICE REGARDING DEFENDANT TIM STARK'S RIGHT TO RESPOND TO AND SUBMIT EVIDENCE IN OPPOSITION TO MOTION FOR SUMMARY JUDGMENT, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., re #315 MOTION for Partial Summary Judgment . (Attachments: #1 Exhibit 1 and 2) (Smith, Asher) [Transferred from Indiana Southern on 7/2/2021.]
April 27, 2020	Filing 324 DECLARATION OF TIM CLARK re #316 Brief/Memorandum in Support by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]
April 27, 2020	Filing 323 DECLARATION OF SCOTT EHLEY re #316 Brief/Memorandum in Support by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]
April 27, 2020	Filing 322 DECLARATION OF LAUREN CROOKS re #316 Brief/Memorandum in Support by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]
April 27, 2020	Filing 321 DECLARATION OF KIRA BURRIS re #316 Brief/Memorandum in Support by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]
April 27, 2020	Filing 320 DECLARATION OF DARLENE EHLEY re #316 Brief/Memorandum in Support by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]
April 27, 2020	Filing 319 DECLARATION OF ASHLEY MURPHY re #316 Brief/Memorandum in Support by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]
April 27, 2020	Receipt of 1 Flash Drive re: #318 NOTICE OF MANUAL FILING, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., re #317 Declaration. ( (JRB) [Transferred from Indiana Southern on 7/2/2021.]
April 24, 2020	Filing 318 NOTICE OF MANUAL FILING, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., re #317 Declaration. (Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]
April 24, 2020	Filing 317 DECLARATION of Asher Smith re #316 Brief/Memorandum in Support by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 - 23, #2 Exhibit 24 - 43, #3 Exhibit 44 - 50, #4 Exhibit 51 - 64)(Smith, Asher) [Transferred from Indiana Southern on 7/2/2021.]
April 24, 2020	Filing 316 BRIEF/MEMORANDUM in Support re #315 MOTION for Partial Summary Judgment , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 - Index to Materials in Declaration)(Smith, Asher) [Transferred from Indiana Southern on 7/2/2021.]
April 24, 2020	Filing 315 MOTION for Partial Summary Judgment , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Smith, Asher) [Transferred from Indiana Southern on 7/2/2021.]
April 14, 2020	Filing 314 BRIEF/MEMORANDUM in Support re #313 MOTION For Leave to File Supplemental Evidence in Further Support of Its Petition to Show Cause, #264 MOTION PETITION TO SHOW CAUSE WHY DEFENDANTS AND JEFF LOWE SHOULD NOT BE HELD IN CONTEMPT AND SANCTIONED , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 - D. Ehley Dec, #2 Exhibit 2 - S. Ehley Dec)(Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]
April 14, 2020	Filing 313 MOTION For Leave to File Supplemental Evidence in Further Support of Its Petition to Show Cause, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]
April 8, 2020	Filing 312 REPLY in Support re #298 MOTION to Dismiss WIN Defendants' Counterclaims, #299 MOTION to Strike #294 Amended Answer to Complaint Counterclaim , Affirmative Defenses and Demand for Trial by Jury , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Olszowka, Paul) Modified on 4/9/2020 to edit text (TMC). [Transferred from Indiana Southern on 7/2/2021.]
April 2, 2020	Filing 311 EXHIBIT in Support of #310 Response in Opposition to Motion re #299 MOTION to Strike #294 Amended Answer to Complaint Counterclaim , Affirmative Defenses and Demand for Trial by Jury , filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC., Counter Claimants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Exhibit, #2 Exhibit)(Culotta, J.) Modified on 4/3/2020 to create entry relationship (TMC). [Transferred from Indiana Southern on 7/2/2021.]
April 1, 2020	Filing 310 RESPONSE in Opposition re #299 MOTION to Strike #294 Amended Answer to ComplaintCounterclaim , Affirmative Defenses and Demand for Trial by Jury , filed by Counter Claimants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC., Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]
March 25, 2020	Filing 309 ORDER granting #308 Motion for Extension of Time to File Response to 4/1/2020 re #299 MOTION to Strike #294 Amended Answer to Complaint Counterclaim , Affirmative Defenses and Demand for Trial by Jury, #298 MOTION to Dismiss WIN Defendants' Counterclaims. Signed by Magistrate Judge Debra McVicker Lynch on 3/25/2020 (Copies mailed per distribution list). (TMC) [Transferred from Indiana Southern on 7/2/2021.]
March 24, 2020	Filing 308 First MOTION for Extension of Time to File Response to April 1, 2020 re #298 MOTION to Dismiss WIN Defendants' Counterclaims, and #299 MOTION to Strike #294 Amended Answer to Complaint Counterclaim , Affirmative Defenses and Demand for Trial by Jury , filed by Counter Claimants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC., Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC. (Attachments: #1 Text of Proposed Order)(Culotta, J.) Modified on 3/25/2020 to correct docket text (TMC). [Transferred from Indiana Southern on 7/2/2021.]
March 23, 2020	Filing 307 Joint MOTION by PETA and WIN Defendants to Amend the Case Management Plan, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
March 10, 2020	Filing 306 ORDER - PETAs motion to compel payment (Dkt. #278 ) is GRANTED IN PART AND DENIED IN PART. The defendants must pay the veterinarian payment and make monthly $500 payments (See Order). Signed by Magistrate Judge Debra McVicker Lynch on 3/10/2020 (Copies mailed per distribution list). (TMC) [Transferred from Indiana Southern on 7/2/2021.]
March 10, 2020	Filing 305 ORDER Requiring Report on Scheduling - The court therefore ORDERS the parties to confer and to propose a schedule for discovery, experts, witness/exhibit lists, and dispositive motions related to the claims involving Mr. Lowe. The parties proposed schedule (either jointly or separately, if they cannot agree) must be filed by 3/27/2020 (See Order). Signed by Magistrate Judge Debra McVicker Lynch on 3/10/2020 (Copy mailed per distribution list).(TMC) [Transferred from Indiana Southern on 7/2/2021.]
March 10, 2020	Filing 304 ORDER - The defendants motion to suspend case management deadlines (Dkt. #286 ) is GRANTED IN PART AND DENIED IN PART as provided in this order. The court DECLINES to suspend all deadlines, but it will provide the defendants with one last opportunity to make their expert disclosures. The expert disclosure deadline for WIN, Mr. Stark, and Ms. Stark is extended to 4/21/2020. This deadline will not be extended absent extraordinary circumstances that could not reasonably be anticipated (See Order). Signed by Magistrate Judge Debra McVicker Lynch on 3/10/2020 (Copies mailed per distribution list). (TMC) [Transferred from Indiana Southern on 7/2/2021.]
March 10, 2020	Filing 303 ORDER - The court GRANTS PETAs motion (Dkt. #276 ) in that it reiterates the necessity for the defendants to comply with the courts orders regarding the veterinarian examinations and protocol. The court DENIES PETAs request for fees in connection with filing its motion; the motion was unnecessarily duplicative of issues already before the court (See Order). Signed by Magistrate Judge Debra McVicker Lynch on 3/10/2020 (Copies mailed per distribution list). (TMC) [Transferred from Indiana Southern on 7/2/2021.]
March 10, 2020	Filing 302 ORDER - The court DENIES Mr. Starks motion (Dkt. #271 ) for reconsideration. The parties are ORDERED to cooperate to schedule the veterinarian inspections as previously ordered. The defendants, jointly and severally, are ORDERED promptly to make the $2,160.00 payment to PETA. See Dkt. #266 at p. 3 (See Order). Signed by Magistrate Judge Debra McVicker Lynch on 3/10/2020 (Copies mailed per distribution list). (TMC) [Transferred from Indiana Southern on 7/2/2021.]
March 4, 2020	Filing 301 DECLARATION of Paul Olszowka in Support re #298 MOTION to Dismiss WIN Defendants' Counterclaims and #299 MOTION to Strike 294 Counterclaim by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. (Attachments: #1 Exhibit 1 - Redlined Complaints, #2 Exhibit 2 - Decision and Order AWA, #3 Exhibit 3 - Article, #4 Exhibit 4 - Preliminary Injunction, #5 Exhibit 5 - AG Complaint)(Olszowka, Paul) Modified on 3/5/2020 to create entry relationships and edit text (TMC). [Transferred from Indiana Southern on 7/2/2021.]
March 4, 2020	Filing 300 BRIEF/MEMORANDUM in Support re #298 MOTION to Dismiss WIN Defendants' Counterclaims, #299 MOTION to Strike #294 Counterclaim , Affirmative Defenses and Demand for Trial by Jury , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. (Olszowka, Paul) Modified on 3/5/2020 to edit text (TMC). [Transferred from Indiana Southern on 7/2/2021.]
March 4, 2020	Filing 299 MOTION to Strike #294 Counterclaim , Affirmative Defenses and Demand for Trial by Jury, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Olszowka, Paul) Modified on 3/5/2020 to edit text (TMC). [Transferred from Indiana Southern on 7/2/2021.]
March 4, 2020	Filing 298 MOTION to Dismiss WIN Defendants' Counterclaims, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]
February 26, 2020	Filing 297 REPLY in Support of Motion re #289 MOTION for Partial Summary Judgment, filed by Defendant TIMOTHY L. STARK. (Attachments: #1 Text of Proposed Order)(LBT) [Transferred from Indiana Southern on 7/2/2021.]
February 25, 2020	Filing 296 Defendant Jeffrey Lowe's ANSWER, filed by Defendant JEFFREY L. LOWE. (Attachments: #1 Envelope) (CKM) [Transferred from Indiana Southern on 7/2/2021.]
February 21, 2020	Filing 295 CERTIFICATE OF SERVICE by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. re #285 Amended Complaint Service of Summons on Jeffrey L. Lowe (Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
February 19, 2020	Filing 294 AMENDED ANSWER to #285 Amended Complaint , COUNTERCLAIM against All Plaintiffs, filed by Defendants MELISA STARK, TIMOTHY L. STARK and WILDLIFE IN NEED AND WILDLIFE IN DEED, INC. (Culotta, J.) Modified on 2/20/2020 to correct filer (LBT). [Transferred from Indiana Southern on 7/2/2021.]
February 12, 2020	Filing 293 RESPONSE in Opposition re #289 MOTION for Partial Summary Judgment , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]
February 10, 2020	Filing 292 REPLY in Support of Motion re #286 First MOTION To Suspend Case Management Order , filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]
February 4, 2020	Filing 291 Designation of Evidence re #289 MOTION for Partial Summary Judgment, filed by Defendant TIMOTHY L. STARK. (TMC) [Transferred from Indiana Southern on 7/2/2021.]
February 4, 2020	Filing 290 BRIEF in Support re #289 MOTION for Partial Summary Judgment, filed by Counter Claimant TIMOTHY L. STARK, Defendant TIMOTHY L. STARK. (TMC) [Transferred from Indiana Southern on 7/2/2021.]
February 4, 2020	Filing 289 MOTION for Partial Summary Judgment, filed by Defendant TIMOTHY L. STARK. (TMC) [Transferred from Indiana Southern on 7/2/2021.]
January 31, 2020	Filing 288 RESPONSE in Opposition re #286 First MOTION To Suspend Case Management Order , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 - 1-29-20 Culotta email)(Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]
January 30, 2020	Filing 287 Summons Issued by Clerk as to JEFF LOWE. (TMC) [Transferred from Indiana Southern on 7/2/2021.]
January 29, 2020	Filing 286 First MOTION To Suspend Case Management Order, filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Text of Proposed Order)(Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]
January 29, 2020	Filing 285 AMENDED COMPLAINT FOR INJUNCTIVE AND OTHER RELIEF against JEFF LOWE, filed by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A - Letter of Intent to Stark, #2 Exhibit B - Letter of Intent to Lowe, #3 Proposed Summons)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
January 17, 2020	Filing 284 ENTRY ON MOTION FOR LEAVE TO JOIN JEFF LOWE AS A REQUIRED DEFENDANT AND MOTION TO JOIN JEFF LOWE AS A REQUIRED DEFENDANT - #241 Motion for Leave to Seek to Join Jeff Lowe as Required Defendant is GRANTED. #242 Motion to Join Jeff Lowe as a Required Defendant is GRANTED. PETA shall send a copy of thisorder as well as the clarification order (Filing No. 239) to Mr. Lowe via certified mail along with all other appropriate documentation. See Entry for details. Signed by Judge Richard L. Young on 1/17/2020 (Copy mailed to Jeffrey Lowe). (LBT) [Transferred from Indiana Southern on 7/2/2021.]
January 9, 2020	Filing 283 REPLY in Support of Motion re #278 MOTION to Compel Payment , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
January 2, 2020	Filing 282 RESPONSE in Opposition re #278 MOTION to Compel Payment , filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Exhibit Letter, #2 Exhibit Email)(Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]
January 2, 2020	Filing 281 REPLY in Support of Motion re #276 MOTION TO ALLOW ORDERED VETERINARY EXAMINATION , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
December 26, 2019	Filing 280 RESPONSE in Opposition (Tim Stark's Reply Brief) re #276 MOTION TO ALLOW ORDERED VETERINARY EXAMINATION, filed by Defendants MELISA D. STARK, TIMOTHY L. STARK. (TMC) [Transferred from Indiana Southern on 7/2/2021.]
December 26, 2019	Filing 279 RESPONSE in Opposition re #276 MOTION TO ALLOW ORDERED VETERINARY EXAMINATION , filed by Defendants MELISA D. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Exhibit Divorce Decree, #2 Exhibit Declaration, #3 Exhibit Deposition testimony)(Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]
December 19, 2019	Filing 278 MOTION to Compel Payment, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A: 6-28-19 Culotta email, #2 Exhibit B: 7-17-19 Culotta email, #3 Exhibit C: 10-18-19 Smith ltr, #4 Exhibit D: 10-23-19 Culotta email, #5 Exhibit E: 11-22-19 Smith email, #6 Exhibit F: 12-9-19 Culotta email, #7 Exhibit G: 12-10-19 Smith email, #8 Text of Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
December 11, 2019	Filing 277 BRIEF/MEMORANDUM in Support re #276 MOTION TO ALLOW ORDERED VETERINARY EXAMINATION , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A 10-23-19 Colutta email, #2 Exhibit B 11-22-19 Smith email, #3 Exhibit C 12-2-19 Culotta email, #4 Exhibit D 12-9-19 Culotta email)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
December 11, 2019	Filing 276 MOTION TO ALLOW ORDERED VETERINARY EXAMINATION, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
November 21, 2019	Filing 275 NOTICE of FILING of OFFICIAL TRANSCRIPT of Telephonic Status Conference held before Magistrate Judge Debra McVicker Lynch on 9-4-19 (Franzen, Jodie) [Transferred from Indiana Southern on 7/2/2021.]
November 21, 2019	Filing 274 TRANSCRIPT of Telephonic Status Conference held on 9-4-19 before Magistrate Judge Debra McVicker Lynch. (17 pages.) Court Reporter/Transcriber: Jodie Franzen (Telephone: (317) 289-4946). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 12/12/2019. Release of Transcript Restriction set for 2/19/2020. (Franzen, Jodie) Released on 2/19/2020 (SWM). [Transferred from Indiana Southern on 7/2/2021.]
November 6, 2019	Filing 273 RESPONSE in Opposition re #271 MOTION for Reconsideration re #268 Order on MotionStatus ConferenceTerminate Hearings, #193 Order on Motion for Sanctions, #126 Brief/Memorandum in Support , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]
November 1, 2019	Filing 272 RESPONSE in Opposition re #270 MOTION TO ORDER JEFF LOWE RETURN FOUR LION CUBS, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]
October 30, 2019	Filing 271 MOTION for Reconsideration re #266 Order Selecting Veterinarian and Protocol for Examinations; to deny in part BRIEF/MEMORANDUM in Support re #125 MOTION for Sanctions and Other Relief Regarding Defendants' Removal of Cub in Violation of the Preliminary Injunction Order; and modify re #193 ORDER granting PETA's #125 Motion for Sanctions, filed by Defendant TIMOTHY L. STARK. (TMC) [Transferred from Indiana Southern on 7/2/2021.]
October 30, 2019	Filing 270 MOTION to Order Jeff Lowe Return Four Lion Cubs, filed by Defendant TIMOTHY L. STARK. (Attachments: #1 Text of Proposed Order, #2 Exhibit)(TMC) [Transferred from Indiana Southern on 7/2/2021.]
October 29, 2019	Filing 269 SCHEDULING ORDER - The Case Management Plan, ECF No. #116 and as amended and stayed by ECF Nos. #119 , #192 and #227 , is reinstated and amended per this Order. Dispositive Motions due by 4/17/2020. The Court will take under advisement PETA's request for a trial date of 8/3/2020 to 8/7/2020, or beginning after 9/21/2020 (See Order). Signed by Judge Richard L. Young on 10/29/2019 (Copy mailed per distribution list).(TMC) [Transferred from Indiana Southern on 7/2/2021.]
October 29, 2019	Filing 268 MINUTE ORDER for telephonic status conference held 10/07/19 before Judge Richard L. Young. Parties appear telephonically, plaintiff by Paul Olszowka, Asher Smith and Gabriel Walters; Defendants Wildlife in Need and Melisa Stark by J. Clayton Culotta and defendant Timothy Stark, pro se. The plaintiff's Motion #244 to Reset Trial Date and Motion #243 to Reopen Discovery and Motion #257 to Reinstate and Amend the Case Management Plan is GRANTED. The final pretrial conference setting of 10/10/19 and trial setting of 10/21/19 are VACATED and will be reset following the approval of a joint proposed schedule. (TMD) [Transferred from Indiana Southern on 7/2/2021.]
October 21, 2019	Filing 267 RESPONSE to #264 Plaintiff's Petition to Show Cause, filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Culotta, J.) Modified on 10/22/2019 to create document relationship(TMC). [Transferred from Indiana Southern on 7/2/2021.]
October 15, 2019	Filing 266 Order Selecting Veterinarian and Protocol for Examinations - The court selects Dr. Haddad as the veterinarian to conduct examinations ordered by the court in its contempt/sanctions order. The protocol at Dkt. [195-3] is approved, except that paragraphs 3 and 12 are amended as provided in this order (i.e., the paragraph 3 deadline is 11/11/2019, and the paragraph 12 amount is $2,160.00). The parties must cooperate on scheduling the examinations (See Order). Signed by Magistrate Judge Debra McVicker Lynch on 10/15/2019.(TMC) [Transferred from Indiana Southern on 7/2/2021.]
October 10, 2019	Filing 265 DECLARATION of Paul Olszowka re #264 Motion (Other) by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 - 7-26-19 Ltr to Lowe, #2 Exhibit 2 - 7-25-19 Facebook post, #3 Exhibit 3 - 9-8-19 Facebook post, #4 Exhibit 4 - 10-1-19 Facebook post)(Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]
October 10, 2019	Filing 264 MOTION PETITION TO SHOW CAUSE WHY DEFENDANTS AND JEFF LOWE SHOULD NOT BE HELD IN CONTEMPT AND SANCTIONED, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]
October 2, 2019	Filing 262 SCHEDULING ORDER:A Telephonic Conference is set for 10/7/2019 at 11:30 AM (Eastern Time) before Judge Richard L. Young. The information needed to participate in this telephonic conference will be provided by a separate notification. Signed by Judge Richard L. Young on 10/2/2019.(TMD) [Transferred from Indiana Southern on 7/2/2021.]
October 2, 2019	Filing 261 ORDER - #198 PETA's Petition for Fees on PETA's Motion for Sanctions is GRANTED. The court AWARDS attorneys' fees to PETA, and against the defendants jointly and severally, in the amount of $7,620.60 (See Order). Signed by Magistrate Judge Debra McVicker Lynch on 10/2/2019 (Copy mailed to Timothy Stark). (TMC) [Transferred from Indiana Southern on 7/2/2021.]
September 13, 2019	Filing 260 NOTICE, filed by Defendant TIMOTHY L. STARK (LBT) [Transferred from Indiana Southern on 7/2/2021.]
September 13, 2019	Filing 259 RESPONSE /Brief in opposition to defendant Stark's Jury Demand, re #1 Complaint, filed by Counter Defendant PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit Exhibit A)(Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]
September 6, 2019	Filing 258 Entry and Order from Status Conference - The parties, by counsel, appeared for a status conference on September 4, 2019, with the magistrate judge. The parties shall confer and file a proposed schedule to address the remaining deadlines. Signed by Magistrate Judge Debra McVicker Lynch. (JLS) [Transferred from Indiana Southern on 7/2/2021.]
September 6, 2019	Filing 257 MOTION TO REINSTATE AND AMEND THE CASE MANAGEMENT PLAN, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A - P. Olszowka email, #2 Text of Proposed Order Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
September 3, 2019	Filing 256 PRO SE DEFENDANT TIM STARK'S MOTION FOR JURY ON ALL EVIDENTIARY ISSUES, filed by Defendant TIMOTHY L. STARK. (TMC) [Transferred from Indiana Southern on 7/2/2021.]
August 29, 2019	Filing 255 REPLY in Support of Motion re #241 MOTION FOR LEAVE TO SEEK TO JOIN JEFF LOWE AS A REQUIRED DEFENDANT, #242 MOTION TO JOIN JEFF LOWE AS A REQUIRED DEFENDANT, #244 MOTION TO RESET TRIAL DATE, #243 MOTION TO REOPEN DISCOVERY , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
August 29, 2019	Filing 254 SCHEDULING ORDER: Telephonic Status Conference set for 9/4/2019 at 11:00 AM (Eastern Time) before Magistrate Judge Debra McVicker Lynch. Theparties shall attend the conference by calling 1-877-402-9753, Access Code 4693226. Signed by Magistrate Judge Debra McVicker Lynch on 8/28/2019 (copy mailed to Timothy L. Stark).(LBT) [Transferred from Indiana Southern on 7/2/2021.]
August 27, 2019	Filing 251 RESPONSE in Opposition re #244 MOTION TO RESET TRIAL DATE, #241 MOTION FOR LEAVE TO SEEK TO JOIN JEFF LOWE AS A REQUIRED DEFENDANT, #242 MOTION TO JOIN JEFF LOWE AS A REQUIRED DEFENDANT, #243 MOTION TO REOPEN DISCOVERY , filed by Defendants MELISA D. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]
August 27, 2019	Filing 247 ORDER granting #246 Motion for Extension of Time to 8/27/2019 for Defendant's Wildlife in Need and Wildlife in Deed, Inc. and Melisa Stark to File Response re #244 MOTION TO RESET TRIAL DATE, #241 MOTION FOR LEAVE TO SEEK TO JOIN JEFF LOWE AS A REQUIRED DEFENDANT, #242 MOTION TO JOIN JEFF LOWE AS A REQUIRED DEFENDANT, #243 MOTION TO REOPEN DISCOVERY. Signed by Magistrate Judge Debra McVicker Lynch on 8/26/2019 (copy mailed to Timothy L. Stark). (LBT) [Transferred from Indiana Southern on 7/2/2021.]
August 26, 2019	Filing 253 BRIEF/MEMORANDUM in Support of Responses in Opposition to Motions re #241 MOTION FOR LEAVE TO SEEK TO JOIN JEFF LOWE AS A REQUIRED DEFENDANT, #242 MOTION TO JOIN JEFF LOWE AS A REQUIRED DEFENDANT, #244 MOTION TO RESET TRIAL DATE, #243 MOTION TO REOPEN DISCOVERY, filed by Defendant TIMOTHY L. STARK. (Attachments: #1 Exhibit A, #2 Exhibit B)(LBT) [Transferred from Indiana Southern on 7/2/2021.]
August 26, 2019	Filing 252 RESPONSE in Opposition re #244 MOTION TO RESET TRIAL DATE, filed by Defendant TIMOTHY L. STARK. (LBT) [Transferred from Indiana Southern on 7/2/2021.]
August 26, 2019	Filing 250 RESPONSE in Opposition re #243 MOTION TO REOPEN DISCOVERY, filed by Defendant TIMOTHY L. STARK. (LBT) [Transferred from Indiana Southern on 7/2/2021.]
August 26, 2019	Filing 249 RESPONSE in Opposition re #242 MOTION TO JOIN JEFF LOWE AS A REQUIRED DEFENDANT, filed by Defendant TIMOTHY L. STARK. (LBT) [Transferred from Indiana Southern on 7/2/2021.]
August 26, 2019	Filing 248 RESPONSE in Opposition re #241 MOTION FOR LEAVE TO SEEK TO JOIN JEFF LOWE AS A REQUIRED DEFENDANT, filed by Defendant TIMOTHY L. STARK. (LBT) [Transferred from Indiana Southern on 7/2/2021.]
August 23, 2019	Filing 246 First MOTION for Extension of Time to File Response to August 27, 2019 re #241 MOTION FOR LEAVE TO SEEK TO JOIN JEFF LOWE AS A REQUIRED DEFENDANT, #242 MOTION TO JOIN JEFF LOWE AS A REQUIRED DEFENDANT, #244 MOTION TO RESET TRIAL DATE, #243 MOTION TO REOPEN DISCOVERY , filed by Defendants MELISA D. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Text of Proposed Order)(Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]
August 12, 2019	Filing 245 BRIEF/MEMORANDUM in Support re #241 MOTION FOR LEAVE TO SEEK TO JOIN JEFF LOWE AS A REQUIRED DEFENDANT, #242 MOTION TO JOIN JEFF LOWE AS A REQUIRED DEFENDANT, #244 MOTION TO RESET TRIAL DATE, #243 MOTION TO REOPEN DISCOVERY , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A - Email fr. T. Stark, #2 Exhibit B - Ltr fr B. Lewis, #3 Exhibit C - Email fr J. Lowe, #4 Exhibit D - Amend Verified Complaint)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
August 12, 2019	Filing 244 MOTION TO RESET TRIAL DATE, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
August 12, 2019	Filing 243 MOTION TO REOPEN DISCOVERY, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
August 12, 2019	Filing 242 MOTION TO JOIN JEFF LOWE AS A REQUIRED DEFENDANT, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
August 12, 2019	Filing 241 MOTION FOR LEAVE TO SEEK TO JOIN JEFF LOWE AS A REQUIRED DEFENDANT, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Lewis, Brian) Modified on 8/13/2019 to change event (TMC). [Transferred from Indiana Southern on 7/2/2021.]
August 1, 2019	Filing 240 ORDER REFERRING MOTION: #198 filed by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. Signed by Judge Richard L. Young on 8/1/2019. Motions referred to Debra McVicker Lynch.(JRB) [Transferred from Indiana Southern on 7/2/2021.]
July 25, 2019	Filing 239 ORDER granting #201 PETA's Motion to Clarify the Preliminary Injunction and Preservation Orders; granting in part #216 PETA's Motion for Emergency Preservation Order; denying #218 PETA's Motion for Sanctions; denying #219 PETA's Motion for Contempt; denying #220 PETA's Motion for Order Regarding Ownership of Big Cats; denying #221 PETA's Motion for Order to Show Cause; and granting #235 PETA's Motion to Supplement the Record. Defendants and Mr. Lowe are ORDERED to abide by the court's preliminary injunction and Preservation Order. Among other commands in those orders, Defendants and Mr. Lowe shall preserve the Big Cats in this litigation and shall not transfer, relocate, sell, or remove the Big Cats from WIN's facility absent court approval. PETA is ORDERED to send a copy of this order to Jeff Lowe via certified mail. Signed by Judge Richard L. Young on 7/25/2019. (TMD) [Transferred from Indiana Southern on 7/2/2021.]
June 12, 2019	Filing 238 DECLARATION OF PAUL OLSZOWKA re #237 Reply in Support of Motion, #235 Motion (Other), #236 Brief/Memorandum in Support by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 - Email from C. Culotta, #2 Exhibit 2 - 18 pages of texts, #3 Exhibit 3 - 1 page text, #4 Exhibit 4 - 11 pages of texts, #5 Exhibit 5 - 11 pages of texts, #6 Exhibit 6 - M Stark dep excerpts, #7 Exhibit 7 - J Finlay dep excerpts)(Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]
June 12, 2019	Filing 237 REPLY in Support of Motion re #220 MOTION FOR ORDER REGARDING OWNERSHIP OF BIG CATS, #221 MOTION FOR ORDER TO SHOW CAUSE REGARDING JEFF LOWE, #219 MOTION FOR CONTEMPT, #218 MOTION for Sanctions , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]
June 12, 2019	Filing 236 BRIEF/MEMORANDUM in Support re #235 MOTION TO SUPPLEMENT EVIDENCE IN FURTHER SUPPORT OF ITS MOTIONS FOR SANCTIONS, CONTEMPT, ORDERS TO SHOW CAUSE, AND REGARDING OWNERSHIP OF BIG CATS , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]
June 12, 2019	Filing 235 MOTION TO SUPPLEMENT EVIDENCE IN FURTHER SUPPORT OF ITS MOTIONS FOR SANCTIONS, CONTEMPT, ORDERS TO SHOW CAUSE, AND REGARDING OWNERSHIP OF BIG CATS, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]
June 10, 2019	Filing 234 Reply to #230 Plaintiff's Response to #228 Defendants' Joint Recommendation of Veterinarian, filed by Defendants MELISA D. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC. (Attachments: #1 Exhibit Email messages, #2 Exhibit USDA webpage, #3 Exhibit Terranova case, #4 Exhibit Haddad CV, #5 Exhibit Cook testimony)(Culotta, J.) Modified on 6/11/2019 to create link to related document (LBT). [Transferred from Indiana Southern on 7/2/2021.]
June 5, 2019	Filing 233 DECLARATION of James Clayton Culotta re #232 Response in Opposition to Motion by All Defendants. (Attachments: #1 Exhibit T. Stark USDA license, #2 Exhibit WIN web page, #3 Exhibit Transfer Documents, #4 Exhibit Lowe letter to Lewis, #5 Exhibit PETA web page, #6 Exhibit Lewis letter to Culotta & Stark, #7 Exhibit USDA web page, #8 Exhibit Terranova case, #9 Exhibit Pelphrey Judgment, #10 Exhibit PETA web pages, #11 Exhibit Lowe email, #12 Exhibit WAS web page, #13 Exhibit T Stark email Lewis, #14 Exhibit M Stark depo excerpts, #15 Exhibit OK Sec. of State web page)(Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]
June 5, 2019	Filing 232 RESPONSE in Opposition re #220 MOTION FOR ORDER REGARDING OWNERSHIP OF BIG CATS, #219 MOTION FOR CONTEMPT, #221 MOTION FOR ORDER TO SHOW CAUSE REGARDING JEFF LOWE, #218 MOTION for Sanctions , filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]
June 5, 2019	Filing 231 REPLY in Support of Motion re #216 Emergency MOTION FOR PRESERVATION ORDER , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
June 3, 2019	Filing 230 RESPONSE TO DEFENDANTS' JOINT RECOMMENDATION OF VETERINARIAN, re #228 Submission, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A - 5-31-19 email, #2 Exhibit B - 10-3-18 USDA Hearing, #3 Exhibit C - Animal Record--MedRec 5, #4 Exhibit D - Animal Record--MedRec 9, #5 Exhibit E - Treatment Log, #6 Exhibit F - 9-27-18 USDA Hearing)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
May 31, 2019	Filing 229 RESPONSE in Opposition re #216 Emergency MOTION FOR PRESERVATION ORDER , filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Exhibit Transfer Documents, #2 Exhibit Lewis letter to Lowe, #3 Exhibit Lowe letter to Lewis)(Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]
May 31, 2019	Filing 228 Submission of Recommended Veterinarian, filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Exhibit Cook proof of license, #2 Exhibit USDA webpage, #3 Exhibit Adm. Proceeding Order, #4 Text of Proposed Order)(Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]
May 23, 2019	Filing 227 Entry on Status Conference, Order on Emergency Motion to Suspend CMP Deadlines, and Order Establishing Briefing Schedule on Pending Motions - The parties appeared by telephone before the magistrate judge on May 23, 2019. The court made the following orders: 1. The court GRANTS PETA's emergency motion (Dkt. #209 ) to suspend the case management plan insofar as it ORDERS that all remaining case management deadlines are STAYED pending further order of the court and to allow briefing and decision on the pending motions at Dkts. 201, 216, and 218-221. At the lifting of the stay, the court also will address the length of time that discovery will be re-opened. 2. The briefing schedule on PETA's emergency motion for preservation order (Dkt. 216) is HEREBY SHORTENED. Any defendant who wishes to file a response to the motion must file the response by Friday, May 31, 2019. 3. The briefing on PETA's motions at Dkts. 218-221 (i.e., motion for sanctions, motion for contempt, motion for order regarding ownership of Big Cats, and motion for order to show cause regarding Jeff Lowe) shall proceed as provided by Local Rule 7-1--responses are due within 14 days of service and any reply briefs are due within 7 days of service of responses. See Order Signed by Magistrate Judge Debra McVicker Lynch. Copy to defendant via U.S. Mail. (JLS) Modified on 5/28/2019 (JLS). [Transferred from Indiana Southern on 7/2/2021.]
May 23, 2019	Filing 226 ORDER granting #196 Motion for Attorneys' Fees. The court AWARDS under Rule 37 attorneys' fees to PETA, and against the defendants jointly and severally, in the amount of $12,454.20. See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 5/23/2019 (copy mailed to Timothy Stark). (LBT) [Transferred from Indiana Southern on 7/2/2021.]
May 23, 2019	Filing 225 Submission of Signature Requirement re #224 Exhibit in Support by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Smith, Asher) [Transferred from Indiana Southern on 7/2/2021.]
May 22, 2019	Filing 224 EXHIBIT in Support of Motion re #220 MOTION FOR ORDER REGARDING OWNERSHIP OF BIG CATS, #221 MOTION FOR ORDER TO SHOW CAUSE REGARDING JEFF LOWE, #219 MOTION FOR CONTEMPT, #218 MOTION for Sanctions Declaration of Asher Smith, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26)(Walters, Gabriel) [Transferred from Indiana Southern on 7/2/2021.]
May 22, 2019	Filing 223 BRIEF/MEMORANDUM in Support re #220 MOTION FOR ORDER REGARDING OWNERSHIP OF BIG CATS, #221 MOTION FOR ORDER TO SHOW CAUSE REGARDING JEFF LOWE, #219 MOTION FOR CONTEMPT, #218 MOTION for Sanctions , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
May 22, 2019	Filing 222 REPLY in Support of Motion re #209 Emergency MOTION to Suspend the Case Management Plan , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
May 22, 2019	Filing 221 MOTION FOR ORDER TO SHOW CAUSE REGARDING JEFF LOWE, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
May 22, 2019	Filing 220 MOTION FOR ORDER REGARDING OWNERSHIP OF BIG CATS, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
May 22, 2019	Filing 219 MOTION FOR CONTEMPT, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
May 22, 2019	Filing 218 MOTION for Sanctions , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
May 22, 2019	Filing 217 BRIEF/MEMORANDUM in Support re #216 Emergency MOTION FOR PRESERVATION ORDER , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A - Lowe Deposition)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
May 22, 2019	Filing 216 Emergency MOTION FOR PRESERVATION ORDER, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
May 22, 2019	Filing 215 RESPONSE in Opposition re #209 Emergency MOTION to Suspend the Case Management Plan , filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Exhibit Cover of Oliver Program of Vet Care)(Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]
May 20, 2019	Filing 214 SCHEDULING ORDER: This case is set for a Telephonic Status Conference on 5/23/2019 at 11:30 AM (Eastern Time), before Magistrate Judge Debra McVicker Lynch. The parties shall attend the conference by calling 1-888-363-4734, Access Code 5451691. Signed by Magistrate Judge Debra McVicker Lynch on 5/20/2019. Copy sent to Timothy Stark via US Mail. (MAT) [Transferred from Indiana Southern on 7/2/2021.]
May 20, 2019	Filing 213 ORDER Setting Response Deadline - On May 15, 2019, plaintiff People for the Ethical Treatment of Animals, Inc. ("PETA") filed an emergency motion to suspend the case management plan in this case (Dkt. #209 ). Any response to plaintiff's motion is due by May 22, 2019. Signed by Magistrate Judge Debra McVicker Lynch on 5/20/2019. Copy sent to Timothy Stark via US Mail. (MAT) [Transferred from Indiana Southern on 7/2/2021.]
May 20, 2019	Filing 212 ORDER on Selection of Veterinarian - Having carefully reviewed the parties' positions, the court GRANTS the defendants' request for additional time, to May 31, 2019, to identify a veterinarian and to come to an agreement with the plaintiff about a protocol for the examinations. The defendants must file by May 31, 2019, their recommendation of a veterinarian who is able to conduct the examinations and prepare a report. The recommendation must include an estimate of the doctor's professional fees and travel expenses. The court encourages the parties to continue to attempt to agree on a veterinarian and protocol for the examinations. After the filing of the defendants' recommendation and if the parties still cannot agree, the court will review that recommendation along with the one already filed by the plaintiff on April 24, 2019. See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 5/20/2019. Copy sent to Timothy Stark via US Mail. (MAT) [Transferred from Indiana Southern on 7/2/2021.]
May 20, 2019	Filing 211 ORDER on Motions to Seal (Dkts. #200 and #206 ) - The parties ask the court to seal certain portions of deposition testimony they filed in connection with briefing the plaintiff's motion to clarify the court's preliminary injunction and evidence preservation orders. The parties' sole basis for sealing is that the protective order entered in this case provides that a deposition transcript is deemed provisionally designated as "confidential" for 30 days following the release of the transcript. According to the defendants, the 30-day period has passed and no specific confidentiality designations have been made. Moreover, even if specific designations had been made, confidentiality designations do not by themselves support the sealing of information on the public docket. Because documents used in a court proceeding are presumptively "open to public inspection unless they meet the definition of trade secrets or other categories of bona fide long-term confidentiality," Bond v. Utreras, 585 F.3d 1061, 1075 (7th Cir. 2009) (internal quotation omitted), and because no party has filed a brief as required under Local Rule 5-11(e) demonstrating good cause for sealing, the court DENIES the motions to seal (Dkts. #200 and #206 ). At the expiration of the period under Local Rule 5-11(g), the Clerk is directed to unseal the following documents: Dkt. 203 (plaintiffs' brief), Dkts. 203-1 and 203-2 (deposition transcripts), Dkt. 205 (defendants' response), Dkts. 205-1 through 205-19 (exhibits to defendants' response). Signed by Magistrate Judge Debra McVicker Lynch on 5/20/2019. Copy sent to Timothy Stark via US Mail. (MAT) [Transferred from Indiana Southern on 7/2/2021.]
May 17, 2019	Filing 210 REPLY in Support of Motion re #201 MOTION TO CLARIFY THE PRELIMINARY INJUNCTION AND EVIDENCE PRESERVATION ORDERS , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit Exhibit A-AZA, Tiger Care Manual (2016), #2 Exhibit Exhibit B-PETA-WIN_002389 (USDA Complaint), #3 Exhibit Exhibit C-Deposition Transcript of Rick Pelphrey, #4 Exhibit Exhibit D-Deposition Transcript of Kurt Oliver, #5 Exhibit Exhibit E-Wildlife In Need & Wildlife In Deed, Inc., IRS Form 990)(Olszowka, Paul) (Attachment 4 replaced on 5/20/2021) (JD). [Transferred from Indiana Southern on 7/2/2021.]
May 15, 2019	Filing 209 Emergency MOTION to Suspend the Case Management Plan, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit)(Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]
May 15, 2019	Filing 208 RESPONSE in Opposition re #206 MOTION to Maintain Document Under Seal #205 SEALED Response to Motion and Exhibits B and C thereto , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]
May 14, 2019	Filing 207 BRIEF/MEMORANDUM in Support re #206 MOTION to Maintain Document Under Seal #205 SEALED Response to Motion and Exhibits B and C thereto , filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]
May 14, 2019	Filing 206 MOTION to Maintain Document Under Seal #205 SEALED Response to Motion and Exhibits B and C thereto, filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Text of Proposed Order)(Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]
May 14, 2019	Filing 205 SEALED RESPONSE re #201 MOTION TO CLARIFY THE PRELIMINARY INJUNCTION AND EVIDENCE PRESERVATION ORDERS , filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Affidavit JCC Declaration, #2 Exhibit Discovery Responses, #3 Exhibit T. Stark Depo. Excerpt, #4 Exhibit M. Stark Depo. Excerpt, #5 Exhibit T. Stark USDA license, #6 Exhibit 2.19.19 PETA corres., #7 Exhibit 2.27.19 Def. corres., #8 Exhibit 4.4.19 PETA corres., #9 Exhibit PETA web pages, #10 Exhibit WIN web page, #11 Exhibit APHIS form 271-R (3/04), #12 Exhibit APHIS form 271-R (12/09), #13 Exhibit AZA web page, #14 Exhibit AZA Tiger Care Manual, #15 Exhibit USDA web page, #16 Exhibit US Fish & Wildlife list, #17 Exhibit T. Stark Big Cat list, #18 Exhibit Pelphery documents, #19 Exhibit USDA transfer forms)(Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]
April 30, 2019	Filing 204 DECLARATION OF ASHER SMITH re #203 SEALED Document (Case Participants - doc), #201 Motion (Other) by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 - 2-19-10 Facebook Post, #2 Exhibit 2 - Red River Safari Facebook, #3 Exhibit 4 - 3-10-19 Facebook, #4 Exhibit 5 - 2-21-19 TV article, #5 Exhibit 6 - Lowe Deposition, #6 Exhibit 7 - 1-31-19 Instagram, #7 Exhibit 8 - 1-19-19 Instagram, #8 Exhibit 9 - 2-19-19 Smith ltr, #9 Exhibit 10 - 4-4-19 Lewis ltr, #10 Exhibit 11 - 2-27-19 Culotta ltr, #11 Exhibit 13 - 2-22-19 Interrogs, #12 Exhibit 14 - 3-15-19 Responses, #13 Exhibit 15 - 4-8-19 Culotta ltr, #14 Exhibit 16 - 2-7-19 Order, #15 Exhibit 17 - 1-17-19 Order, #16 Exhibit 18 - 7-14-17 Emergency Motion, #17 Exhibit 19 - 10-23-18 TV article)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
April 30, 2019	Filing 203 SEALED BRIEF IN SUPPORT OF PETA'S MOTION TO CLARIFY THE PRELIINARY INJUNCTION AND EVIDENCE PRESERVATION ORDERS, re #201 Motion (Other), filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 3 to Declaration (T. Stark Dep), #2 Exhibit 12 to Declaration (M. Stark Dep))(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
April 30, 2019	Filing 202 BRIEF/MEMORANDUM in Support re #200 MOTION TO MAINTAIN DOCUMENTS UNDER SEAL , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
April 30, 2019	Filing 201 MOTION TO CLARIFY THE PRELIMINARY INJUNCTION AND EVIDENCE PRESERVATION ORDERS, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
April 30, 2019	Filing 200 MOTION TO MAINTAIN DOCUMENTS UNDER SEAL, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. (Attachments: #1 Text of Proposed Order)(Lewis, Brian) Modified on 5/1/2019 (LBT). [Transferred from Indiana Southern on 7/2/2021.]
April 26, 2019	Filing 199 BRIEF/MEMORANDUM in Support of PETA's Petition for Fees on PETA's Motion for Sanctions, re #198 Submission, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 - Fees Spreadsheet, #2 Exhibit 2 - Lewis Declaration, #3 Exhibit 3 - Olszowka Declaration, #4 Exhibit 4 - Walters Declaration, #5 Exhibit 5 - Fees Matrix)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
April 26, 2019	Filing 198 PETA's Petition for Fees on PETA's Motion for Sanctions, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Lewis, Brian) Modified on 4/29/2019 (LBT). [Transferred from Indiana Southern on 7/2/2021.]
April 25, 2019	Filing 197 BRIEF/MEMORANDUM in Support of PETA's Petition for Fees on PETA's Motion to Compel, re #196 Submission, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 - Fee Spreadsheet, #2 Exhibit 2 - Lewis Declaration, #3 Exhibit 3 - Olszowka Declaration, #4 Exhibit 4 - Walters Declaration, #5 Exhibit - Matrix)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
April 25, 2019	Filing 196 PETA'S Petition for Fees on PETA's Motion to Compel, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order Proposed Order)(Lewis, Brian) Modified on 4/26/2019 to change to a motion event (LBT). [Transferred from Indiana Southern on 7/2/2021.]
April 24, 2019	Filing 195 Submission PETA's Recommendation of Veterinarian, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A - Email correspondence, #2 Exhibit B - Dr. Haddad CV, #3 Exhibit C - Proposed Protocol)(Olszowka, Paul) Modified on 4/30/2019 to change to a motion event (LBT). [Transferred from Indiana Southern on 7/2/2021.]
April 24, 2019	Filing 194 RESPONSE , re #193 Order on Motion for Sanctions and Request for Additional Time to Identify a Local Veterinarian, filed by Defendants MELISA D. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC. (Attachments: #1 Text of Proposed Order)(Culotta, J.) Modified on 4/30/2019 to change to a motion event (LBT). [Transferred from Indiana Southern on 7/2/2021.]
March 27, 2019	Filing 193 ORDER granting PETA's #125 Motion for Sanctions. The court finds that the defendants are IN CONTEMPT of the preliminary injunction order and ORDERS remedies - SEE ENTRY. Signed by Judge Richard L. Young on 3/27/2019 (copy mailed to Timothy Stark). (TMD) Modified on 3/28/2019 (LBT). [Transferred from Indiana Southern on 7/2/2021.]
March 27, 2019	Filing 192 ORDER granting #189 Motion for Extension of Time - The Case Management Plan, ECF No. #116 , is amended as follows: The non-expert discovery deadline is extended from March 29, 2019 to April 15, 2019; The deadline to disclose experts is extended from April 19, 2019 to May 31, 2019; The deadline to disclose rebuttal expert reports is set at June 14, 2019; The deadline to complete expert discovery and file and serve final witness and exhibit lists is extended from April 26, 2019 to June 30, 2019; The deadline to file dispositive motions is extended from May 14, 2019 to August 31, 2019; and Section III.F of the Case Management Plan, requiring expert disclosures be served no later than 90 days prior to the dispositive motion deadline if a party intends to use expert testimony to support a motion for summary judgment, is stricken. Signed by Magistrate Judge Debra McVicker Lynch on 3/27/2019. (MAT) [Transferred from Indiana Southern on 7/2/2021.]
March 26, 2019	Filing 191 ORDER on Plaintiff's Motion to Compel and the Defendants' Submissions in Response to the Court's Show Cause Order - The court has now resolved #133 PETA's motion to compel and various requests for fees incurred in discovery, including the request at Dkt. #133 . PETA is awarded against the defendants, jointly and severally, its reasonable attorneys' fees incurred in bringing and briefing the motion to compel at Dkt. #133 . The court DISCHARGES its order to show cause to the defendants at Dkt. #178 . See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 3/26/2019 (copy mailed to Timothy Stark). (LBT) [Transferred from Indiana Southern on 7/2/2021.]
March 26, 2019	Filing 190 BRIEF/MEMORANDUM in Support re #189 Joint MOTION For Extension of Time , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
March 26, 2019	Filing 189 Joint MOTION For Extension of Time, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
March 19, 2019	Filing 188 ORDER - This matter coming before the Court on the Joint Motion for Order on Premises Inspection (the "Motion") (Dkt. #186 ), and pursuant to the stipulation of the Parties, the Court being fully advised in the premises, IT IS HEREBY ORDERED: The Motion (Dkt. #186 ) is granted. PETA's previous motion to conduct premises inspection (Dkt. #135 ) is DENIED AS MOOT. See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 3/19/2019. (MAT) [Transferred from Indiana Southern on 7/2/2021.]
March 18, 2019	Filing 187 BRIEF/MEMORANDUM in Support re #186 Joint MOTION For Order on Premises Inspection , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
March 18, 2019	Filing 186 Joint MOTION For Order on Premises Inspection, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
January 4, 2019	Filing 185 SURREPLY Defendants' Surreply to Plaintiff's Reply, re #184 Response, #182 Response, #178 Order on Motion to Compel, filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Exhibit Ex. A Record of Animals on Hand, #2 Exhibit Ex. B Email String, #3 Exhibit Ex. C Exhibit No. 14A, #4 Exhibit Ex. D Big Cat on Property Spreadsheet, #5 Exhibit Ex. E Big Cat Spreadsheet 12/27/18, #6 Exhibit Ex. F Big Cat Spreadsheet 12/31/18, #7 Exhibit Ex. G Densford Depo. Excerpt)(Culotta, J.) Modified on 1/7/2019 to clarify docket text (LBT). [Transferred from Indiana Southern on 7/2/2021.]
December 28, 2018	Filing 184 RESPONSE PLAINTIFF'S REPLY TO DEFENDANTS' JOINT RESPONSE TO COURT'S ORDER TO SHOW CAUSE, re #178 Order on Motion to Compel, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A-Text and Animals on Hand, #2 Exhibit B-Chart, #3 Exhibit C-M. Stark Dep Trans, #4 Exhibit D-Culotta email, #5 Exhibit E-Text screenshots)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
December 18, 2018	Filing 183 ORDER granting #181 Motion for Protective Order. Uniform Stipulated Protective Order (As Amended) entered. See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 12/18/2018 (copy mailed to Timothy Stark). (LBT) [Transferred from Indiana Southern on 7/2/2021.]
December 7, 2018	Filing 182 RESPONSE Joint Defendants' Response to Court's Order to Show Cause, re #178 Order on Motion to Compel, filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Exhibit Ex. A WIN & M. Stark 11/16/18 responses, #2 Exhibit Ex. B T. Stark 11/28/18 responses, #3 Exhibit Ex. C Joint Defendants' 11/28/18 supplemental production response, #4 Affidavit Tim Stark re. Compliance with Show Cause Order, #5 Affidavit Melisa Stark re. Compliance with Show Cause Order, #6 Affidavit WIN re. Compliance with Show Cause Order)(Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]
December 7, 2018	Filing 181 Joint MOTION for Protective Order , filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Exhibit Agreement to be Bound by Protective Order)(Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]
November 30, 2018	Filing 180 ORDER granting #179 Motion for Extension of Time - The Case Management Plan (Dkt. #116 ) is amended as follows: the non-expert discovery deadline is extended from January 28, 2019 to March 29, 2019, and the deadline to disclose experts is extended from March 29, 2019 to April 19, 2019. Signed by Magistrate Judge Debra McVicker Lynch on 11/30/2018. Copy sent to Timothy Stark via US Mail. (MAT) [Transferred from Indiana Southern on 7/2/2021.]
November 26, 2018	Filing 179 Joint MOTION for Extension of Time to March 29, 2019 in which to #116 Order: Case ManagementScheduling Order Amended, filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Memo in Support, #2 Text of Proposed Order)(Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]
November 9, 2018	Filing 178 ORDER on Motion to Compel and Requiring Each Defendant to Show Cause Why an Entry of Default Should not be Entered - By December 7, 2018, each defendant must show cause in a filed writing why an entry of default should not be made against it, her, or him based on behavior in responding to discovery and complying with the court's discovery orders. #133 Motion to Compel is GRANTED in part and TAKEN UNDER ADVISEMENT in part as provided in this order. The court continues to take under advisement the nature of any appropriate sanctions, including the payment of attorneys' fees. See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 11/9/2018 (copy mailed to Timothy Stark). (LBT) [Transferred from Indiana Southern on 7/2/2021.]
October 10, 2018	Filing 177 RESPONSE, re #165 Order, filed by Defendant TIMOTHY L. STARK. (MAT) [Transferred from Indiana Southern on 7/2/2021.]
October 9, 2018	Filing 176 Defendant's Amended Preliminary Witness List, filed by Defendant TIMOTHY L. STARK. (MAT) [Transferred from Indiana Southern on 7/2/2021.]
October 8, 2018	Filing 175 Witness List Amended, filed by Defendants MELISA D. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]
October 5, 2018	Filing 174 Preliminary Witness List, filed by Defendant TIMOTHY L. STARK. (LBT) [Transferred from Indiana Southern on 7/2/2021.]
October 5, 2018	Filing 173 Preliminary Exhibit List, filed by Defendant TIMOTHY L. STARK. (LBT) [Transferred from Indiana Southern on 7/2/2021.]
October 5, 2018	Filing 172 Exhibit List Preliminary, filed by Defendants MELISA D. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]
October 5, 2018	Filing 171 Witness List Preliminary, filed by Defendants MELISA D. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]
October 4, 2018	Filing 170 RESPONSE re #165 Order of September 18, 2018 Regarding Defendants' Violation of Preliminary Injunction, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
September 28, 2018	Filing 169 MARGINAL ENTRY - #166 Motion for Extension of Time for Wildlife in Need to Acquire Legal Counsel is DENIED as moot in light of the appearance of counsel for the defendant corporation. Signed by Magistrate Judge Debra McVicker Lynch on 9/28/2018 (copy mailed to Timothy Stark). (LBT) [Transferred from Indiana Southern on 7/2/2021.]
September 26, 2018	Filing 168 NOTICE of Appearance by Jennifer H. Culotta on behalf of Defendants MELISA D. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Culotta, Jennifer) [Transferred from Indiana Southern on 7/2/2021.]
September 26, 2018	Filing 167 NOTICE of Appearance by J. Clayton Culotta on behalf of Defendants MELISA D. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]
September 24, 2018	Filing 166 MOTION for Extension of Time for Wildlife in Need to Acquire Legal Counsel, filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC. (Attachments: #1 Text of Proposed Order)(LBT) [Transferred from Indiana Southern on 7/2/2021.]
September 18, 2018	Filing 165 ORDER Regarding Plaintiff's Motion for Sanctions for Alleged Violation of Preliminary Injunction - Plaintiff People for the Ethical Treatment of Animals, Inc. asks the court to hold the defendants in contempt and enter certain sanctions based on the defendants' separation of a tiger cub from its mother. The parties have briefed the motion (Dkt. #125 ), but the court does not know whether either side wishes to present evidence in addition to the paper record supplied by the parties in connection with their briefing of the motion. So that the court can determine whether an evidentiary hearing is necessary or whether it can rule based on the papers and an opportunity for argument by telephone, it requires the parties to notify the court in writing by October 4, 2018, of the following: (1) Whether the party wishes to present any witness testimony on the issues raised by PETA's motion (Dkt. #125 ) seeking contempt and other sanctions because of the separation of the tiger cub from its mother; (2) If so, the names of the witnesses and a description of the expected subject matter(s) of their testimony; (3) Whether the party has any objection to the admissibility of the documents referenced by any party in its briefing of PETA's motion; (4) If so, the nature of all objections and their legal bases. Signed by Magistrate Judge Debra McVicker Lynch on 9/18/2018. Copies sent per distribution list via US Mail. (MAT) [Transferred from Indiana Southern on 7/2/2021.]
September 18, 2018	Filing 164 ORDER on (1) Motions for Protective Orders, (2) Motion for Emergency Hearing, and (3) Motion to Strike - For the foregoing reasons and those stated on the record during the September 14, 2018 hearing, the court DENIES the motions at Dkts. #143 , #145 , #149 , and #156 , except that it granted the request at Dkt. #156 for an expedited hearing. Signed by Magistrate Judge Debra McVicker Lynch on 9/18/2018. Copies sent per distribution list via US Mail. (MAT) [Transferred from Indiana Southern on 7/2/2021.]
September 18, 2018	Filing 163 ORDER granting #153 Motion for Extension of Time - The case management plant (Dkt. #116 ) is amended as follows: the nonexpert discovery deadline is extended from October 28, 2018, to January 28, 2019, and the deadline to disclose experts is extended from October 26 2018, to March 29, 2019. Signed by Magistrate Judge Debra McVicker Lynch on 9/18/2018. Copies sent per distribution list via US Mail. (MAT) [Transferred from Indiana Southern on 7/2/2021.]
September 12, 2018	Filing 162 ORDER on Motion for Attorney Fees - #85 Motion for Attorney Fees is GRANTED. The court AWARDS under Rule 37 attorneys' fees to PETA, and against the defendants jointly and severally, in the amount of $3,808.35. See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 9/12/2018 (copies mailed to all defts). (LBT) [Transferred from Indiana Southern on 7/2/2021.]
September 12, 2018	Filing 161 ORDER on Motion to Comply with Notices of Inspection - #30 Motion to Comply with Notices of Inspection is DENIED without prejudice. See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 9/12/2018 (copy mailed to all defts). (LBT) [Transferred from Indiana Southern on 7/2/2021.]
September 12, 2018	Filing 160 Order on Motion for Sanctions and Order to Show Cause (Dkt. 61) and on Renewed Motion to Compel Discovery and Require Compliance (Dkt. 90) - The court will address the defendants' failures to comply with discovery, including the court's prior orders, and appropriate relief for those failures in thecontext of ruling on PETA's motion to compel filed on July 26, 2018, at Dkt. 133. In the meantime, it DENIES WITHOUT PREJUDICE the "interim" discovery andsanctions motions filed by PETA at Dkt. #61 and Dkt. #90 . To be clear, however, the court will consider the entire history of the defendants' discovery behavior when it rules on the motion to compel at Dkt. 133. See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 9/12/2018 (copy mailed to all defts). (LBT) [Transferred from Indiana Southern on 7/2/2021.]
September 12, 2018	Filing 159 ORDER Regarding Company's Lack of Representation - Defendant Wildlife In Need and Wildlife In Deed, Inc. has had more than one month to obtain substitute counsel but has not done so. The court warns the company that it immediately must obtain counsel, or it is subject to the entry of default on all claims by PETA against it because of the lack of representation. Any appearance by new counsel must be entered by September 28, 2018. See order for details. Signed by Magistrate Judge Debra McVicker Lynch on 9/12/2018 (copy mailed to all defts).(LBT) [Transferred from Indiana Southern on 7/2/2021.]
September 11, 2018	Filing 157 SCHEDULING ORDER: Telephonic Status Conference and Hearing set for 9/14/2018 at 1:00 PM (Eastern Time) before Magistrate Judge Debra McVicker Lynch. The court will address the parties' motions for protective orders, at Dkt. #143 (defendants) and Dkt. #149 (plaintiff). Telephone call-in instructions for participating in the conference will be sent by a separate document. Signed by Magistrate Judge Debra McVicker Lynch on 9/11/2018 (copy mailed to defendants Timothy & Melisa Stark).(LBT) [Transferred from Indiana Southern on 7/2/2021.]
September 11, 2018	Filing 156 Emergency MOTION for Emergency Hearing and For Immediate Relief Pursuant to Local Rule 7-5, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A - Facebook posts, #2 Text of Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
September 11, 2018	Filing 155 Letter from Timothy Stark regarding settlement offer. (LBT) [Transferred from Indiana Southern on 7/2/2021.]
September 10, 2018	Filing 154 BRIEF/MEMORANDUM in Support re #153 MOTION for Extension of Time to in which to #116 Order: Case ManagementScheduling Order , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
September 10, 2018	Filing 153 MOTION for Extension of Time to in which to #116 Order: Case ManagementScheduling Order , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
September 7, 2018	Filing 152 Witness List , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A - Witness List)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
September 7, 2018	Filing 151 Exhibit List , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A - Exhibit List)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
September 7, 2018	Filing 150 BRIEF/MEMORANDUM in Support re #149 MOTION for Protective Order , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A - Westland Order, #2 Exhibit B - Microsoft Order, #3 Exhibit C - Declaration)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
September 7, 2018	Filing 149 MOTION for Protective Order , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
August 29, 2018	Filing 148 ORDER on Motion for Assistance - #147 Motion for Assistance with Recruiting Counsel is DENIED. See order for details. Signed by Magistrate Judge Debra McVicker Lynch on 8/29/2018 (copy mailed to defts). (LBT) [Transferred from Indiana Southern on 7/2/2021.]
August 16, 2018	Filing 147 MOTION for Assistance with Recruiting Counsel, filed by Defendants MELISA D. STARK and WILDLIFE IN NEED AND WILDLIFE IN DEED, INC. (LBT) [Transferred from Indiana Southern on 7/2/2021.]
August 15, 2018	Filing 146 RESPONSE in Opposition re #143 MOTION for Protective Order , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
August 15, 2018	Filing 145 MOTION to Strike #142 Response in Opposition to Motion, #143 MOTION for Protective Order , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
August 10, 2018	Filing 144 ORDER granting #137 Motion to Withdraw Attorney Appearance. Attorney Charles Richard Rush withdrawn as to any of the named defendants. Signed by Magistrate Judge Debra McVicker Lynch on 8/10/2018. Copy sent to Timothy L. Stark, Melisa D. Stark, and Wildlife In Need and Wildlife in Deed, Inc. via US Mail. (MAT) [Transferred from Indiana Southern on 7/2/2021.]
August 9, 2018	Filing 143 MOTION for Protective Order, filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Affidavit in Support, #2 Exhibit 1, #3 Exhibit 2)(MAT) [Transferred from Indiana Southern on 7/2/2021.]
August 9, 2018	Filing 142 RESPONSE in Opposition re #135 MOTION to Seek Leave to Conduct Premises Inspection, filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC. (MAT) [Transferred from Indiana Southern on 7/2/2021.]
August 8, 2018	Filing 141 REPLY in Support of Motion re #133 MOTION to Compel Discovery, #135 MOTION to Seek Leave to Conduct Premises Inspection , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A - M. Stark Deposition, #2 Exhibit B - J. Maldonado Deposition, #3 Exhibit C - Show Cause Hearing)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
July 31, 2018	Filing 138 SUBMISSION of Proposed Order re #137 Unopposed MOTION to Withdraw Attorney Appearance filed by Defendants MELISA D. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC. (Rush, Charles) Modified on 8/1/2018 to accurately describe document (LBT). [Transferred from Indiana Southern on 7/2/2021.]
July 31, 2018	Filing 137 Unopposed MOTION to Withdraw Attorney Appearance , filed by Defendants MELISA D. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Exhibit Letter to clients)(Rush, Charles) [Transferred from Indiana Southern on 7/2/2021.]
July 30, 2018	Filing 140 Receipt of 1 CD re #139 RESPONSE in Opposition, Exhibit 4, re #133 MOTION to Compel Discovery, filed by Defendant TIMOTHY L. STARK. (MAT) [Transferred from Indiana Southern on 7/2/2021.]
July 30, 2018	Filing 139 RESPONSE in Opposition re #133 MOTION to Compel Discovery, filed by Defendant TIMOTHY L. STARK. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Text of Proposed Order)(MAT) [Transferred from Indiana Southern on 7/2/2021.]
July 27, 2018	Filing 136 BRIEF/MEMORANDUM in Support re #135 MOTION to Seek Leave to Conduct Premises Inspection , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 - Plntf's Amended Notice of Inspection, #2 Exhibit 2 - Original Notices, #3 Exhibit 3 - Ltr to R. Rush and T. Stark 7-13-18, #4 Exhibit 3 - Ltr to Lewis fr Stark 7-17-18, #5 Exhibit 5 - Email to Rush fr Lewis, #6 Exhibit 6 - Tri-State Order, #7 Exhibit 7 - Dade City Order, #8 Exhibit 8 - Miami Seaquariam Order, #9 Exhibit 9 - ASPCA Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
July 27, 2018	Filing 135 MOTION to Seek Leave to Conduct Premises Inspection, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
July 26, 2018	Filing 134 BRIEF/MEMORANDUM in Support re #133 MOTION to Compel Discovery , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 - Show Cause Hearing, #2 Exhibit 2 - Amended Answer to Interrogatories, #3 Exhibit 3 - USDA License Renewal App Forms, #4 Exhibit 4 - 30(b)(6) Dep of Melisa Stark, #5 Exhibit 5 - Deposition of Dr. Pelphrey, #6 Exhibit 6 - Start letter to Lewis 7-17-18, #7 Exhibit 7 - Ltr to Rush and Stark fr Lewis 7-13-18, #8 Exhibit 8 - Email to Rush fr Lewis 7-16-18)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
July 26, 2018	Filing 133 MOTION to Compel Discovery, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
July 18, 2018	Filing 132 ORDER Striking Letter - Defendant Timothy Stark filed a letter he sent to the plaintiff's counsel regarding discovery matters. Discovery materials must not be filed with the court unless and until they are pertinent to a party's request for relief. Because the letter does not relate to any motion before the court, the court directs the Clerk to STRIKE the letter at Dkt. #131 . Signed by Magistrate Judge Debra McVicker Lynch on 7/18/2018. Copy sent to plaintiff via US Mail. (MAT) [Transferred from Indiana Southern on 7/2/2021.]
July 17, 2018	Filing 131 STRICKEN PER ORDER AT DKT. 132 Submission of Letter from Timothy Stark to Attorney Brian Lewis, filed by Defendant TIMOTHY L. STARK. (LBT) Modified on 7/18/2018 (MAT). [Transferred from Indiana Southern on 7/2/2021.]
July 16, 2018	Filing 130 REPLY in Support of Motion re #125 MOTION for Sanctions and Other Relief Regarding Defendants' Removal of Cub in Violation of the Preliminary Injunction Order , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Walters, Gabriel) [Transferred from Indiana Southern on 7/2/2021.]
July 5, 2018	Filing 129 ORDER granting #128 Motion to Appear pro hac vice. Attorney Asher Smith for PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. added. The court FURTHER ORDERS that Asher Smith register as a user of the court's electronic case filing system by July 19, 2018. Signed by Magistrate Judge Debra McVicker Lynch on 7/5/2018 (copy mailed to Asher Smith and Timothy L. Stark. (LBT) [Transferred from Indiana Southern on 7/2/2021.]
July 3, 2018	Filing 128 MOTION for Attorney(s) Asher Smith to Appear pro hac vice (Filing fee $100, receipt number 0756-4953574), filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A - Certification of Asher Smith, #2 Text of Proposed Order Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
June 22, 2018	Filing 127 Addition to #120 Defendants' Memo RE: Removal of Cub From Mother, filed by Defendant TIMOTHY L. STARK. (Attachments: #1 Letter from Rick Pelphrey D.V.M.)(LBT) [Transferred from Indiana Southern on 7/2/2021.]
June 15, 2018	Filing 126 BRIEF/MEMORANDUM in Support re #125 MOTION for Sanctions and Other Relief Regarding Defendants' Removal of Cub in Violation of the Preliminary Injunction Order , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Walters, Gabriel) [Transferred from Indiana Southern on 7/2/2021.]
June 15, 2018	Filing 125 MOTION for Sanctions and Other Relief Regarding Defendants' Removal of Cub in Violation of the Preliminary Injunction Order, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Walters, Gabriel) [Transferred from Indiana Southern on 7/2/2021.]
June 12, 2018	Filing 124 ORDER on PETA's Response to Defendant Timothy Stark's Submission - The plaintiff's response (Dkt. #121 ) to the memo submission by defendant Timothy Stark (Dkt. #120 ) contends that the defendants violated the preliminary injunction and seeks relief for the alleged violation. A party seeking relief must do so by its own motion. See Local Rule 7-1(a). The court will not strike the response, but also will not act on it. If relief is sought, it must be requested by motion to which the defendants will have an opportunity to respond as provided by Local Rule 7-1. Signed by Magistrate Judge Debra McVicker Lynch on 6/12/2018 (copy mailed to Timothy Stark).(LBT) [Transferred from Indiana Southern on 7/2/2021.]
June 8, 2018	Filing 123 DECLARATION of Gabriel Z. Walters in Support of re #121 Response by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Walters, Gabriel) [Transferred from Indiana Southern on 7/2/2021.]
June 8, 2018	Filing 122 ORDER on #120 Submission by Defendant Timothy Stark - If the purpose of the memo is to attempt to comply with the injunction regarding proof of medical necessity for premature maternal separation, then the defendants are ORDERED to supply the court with a written competent opinion of a veterinary medical doctor as required by the preliminary injunction. The opinion must be filed by June 22, 2018. See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 6/8/2018 (copy mailed to Timothy Stark).(LBT) [Transferred from Indiana Southern on 7/2/2021.]
June 8, 2018	Filing 121 RESPONSE , re #120 Submission, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Walters, Gabriel) [Transferred from Indiana Southern on 7/2/2021.]
May 31, 2018	Filing 120 Submission Memo Re: Removal of Cub From Mother, filed by Defendant TIMOTHY L. STARK. (JKS) [Transferred from Indiana Southern on 7/2/2021.]
May 25, 2018	Filing 119 SCHEDULING ORDER: Final Pretrial Conference set for 10/10/2019 at 1:30 PM (Eastern Time) in room #200, United States Courthouse, 121 W. Spring Street, New Albany, Indiana before Judge Richard L. Young. Bench Trial set for 10/21/2019 at 9:00 AM (Eastern Time) in room #200, United States Courthouse, 121 W. Spring Street, New Albany, Indiana before Judge Richard L. Young. The court has allotted four days for this trial. Signed by Judge Richard L. Young on 5/25/2018 (copy mailed to Timothy Stark).(LBT) Modified on 5/25/2018 to indicate bench trial instead of jury trial scheduled and that a copy was mailed (LBT). [Transferred from Indiana Southern on 7/2/2021.]
May 21, 2018	Filing 118 TRANSCRIPT of Show Cause Hearing held on 4/26/18 before Magistrate Judge Debra McVicker Lynch. (54 pages.) Court Reporter/Transcriber: Laura Howie-Walters (Telephone: (317) 632-3422). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 6/11/2018. Release of Transcript Restriction set for 8/20/2018. (Howie-Walters, Laura) Released on 8/20/2018 (SWM). [Transferred from Indiana Southern on 7/2/2021.]
May 21, 2018	Filing 117 NOTICE of FILING of OFFICIAL TRANSCRIPT of Show Cause Hearing held before Magistrate Judge Debra McVicker Lynch on 04/26/18 (Howie-Walters, Laura) (copy mailed to Timothy Stark) Modified on 5/22/2018 (LBT). [Transferred from Indiana Southern on 7/2/2021.]
May 9, 2018	Filing 116 ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 5/14/2019. Non-expert witness and liability discovery due by 10/28/2018. See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 5/9/2018.(LBT) [Transferred from Indiana Southern on 7/2/2021.]
May 9, 2018	Filing 115 ORDER Entering Corrected Case Management Order - The court's case management order entered on May 8, 2018, Dkt. #114 , is VACATED because it contains an incorrect date for the close of non-expert discovery. The correct date is October 28, 2018, not October 28, 2019. The court directs the Clerk to enter a corrected case management order. Signed by Magistrate Judge Debra McVicker Lynch on 5/9/2018 (copy mailed to Timothy Stark).(LBT) [Transferred from Indiana Southern on 7/2/2021.]
May 8, 2018	Filing 114 VACATED PER NO. 115 ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 5/14/2019. Non-expert witness and liability discovery due by 10/28/2018. See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 5/8/2018.(LBT) Modified on 5/9/2018 (LBT). [Transferred from Indiana Southern on 7/2/2021.]
May 8, 2018	Filing 113 ENTRY and ORDER from Motion Hearing held before Magistrate Judge Debra McVicker Lynch on 4/26/2018. The defendants are ORDERED to serve their supplemental responses to the interrogatories and document requests (including supplements to both the highlighted and non-highlighted requests) by June 15, 2018. The court therefore GRANTS IN PART and DENIES IN PART the renewed motion to compel at Dkt. 90 by providing these deadlines for supplementation to the written discovery. The court continues to TAKE UNDER ADVISEMENT (1) the scope of inspections of premises and of wildlife and the imaging of electronic sources (computers and cell phones) (see motions at Dkts. 30 and 90) and (2) the scope of additional sanctions, as requested by the plaintiff in Dkts. 61 and 90, because of the failure to comply with prior discovery orders (see order at Dkt. 73). The court DENIES the plaintiff's motion for entry of the case management order at Dkt. 66 because some of the deadlines proposed there are not consistent with the status of this case and the parties presented at the hearing a new case management plan they agreed was appropriate. The court adopts as an order of the court the new proposed case management plan submitted at the hearing, except that the close of non-expert discovery is October 28, 2018, and as modified by the magistrate judge in the margins of the plan. The Clerk is directed to docket the approved case management plan. The court will address by separate order the plaintiff's motion for attorneys' fees at Dkt. 85. (See Order for additional information.) Signed by Magistrate Judge Debra McVicker Lynch. (Copy mailed to defendant Timothy Stark.) (Court Reporter Laura Howie-Walters.)(KGK) [Transferred from Indiana Southern on 7/2/2021.]
April 20, 2018	Filing 112 NOTICE of FILING of OFFICIAL TRANSCRIPT of TRO/Injunction and Preliminary Injunction hearings held before Judge Richard L. Young on 10/19/17 and 1/24/18 (Techert, Maggie) (Copy mailed to Deft Timothy L. Stark) Modified on 4/23/2018 (LBT). [Transferred from Indiana Southern on 7/2/2021.]
April 20, 2018	Filing 111 NOTICE of FILING of OFFICIAL TRANSCRIPT of TRO/Injunction Hearing held before Judge Richard L. Young on October 19, 2017 (Techert, Maggie) [Transferred from Indiana Southern on 7/2/2021.]
April 20, 2018	Filing 110 TRANSCRIPT of TRO/Injunction Hearing held on October 19, 2017 before Judge Richard L. Young. (119 pages.) Court Reporter/Transcriber: Maggie Techert (Telephone: (812) 205-0682). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 5/11/2018. Release of Transcript Restriction set for 7/19/2018. (Techert, Maggie) Released on 7/19/2018 (SWM). [Transferred from Indiana Southern on 7/2/2021.]
April 20, 2018	Filing 109 NOTICE of FILING of OFFICIAL TRANSCRIPT of Preliminary Injunction Hearing held before Judge Richard L. Young on January 24, 2018 (Techert, Maggie) [Transferred from Indiana Southern on 7/2/2021.]
April 20, 2018	Filing 108 TRANSCRIPT of Preliminary Injunction Hearing held on January 24, 2018 before Judge Richard L. Young. (120 pages.) Court Reporter/Transcriber: Maggie Techert (Telephone: (812) 205-0682). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 5/11/2018. Release of Transcript Restriction set for 7/19/2018. (Techert, Maggie) Released on 7/19/2018 (SWM). [Transferred from Indiana Southern on 7/2/2021.]
April 20, 2018	Filing 107 PLEASE DISREGARD. SEE CORRECT TRANSCRIPT AT NO. 108 TRANSCRIPT of Preliminary Injunction Hearing held on January 24, 2018 before Judge Richard L. Young. (120 pages.) Court Reporter/Transcriber: Maggie Techert (Telephone: (812) 205-0682). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 5/11/2018. Release of Transcript Restriction set for 7/19/2018. (Techert, Maggie) Modified on 4/23/2018 (LBT). [Transferred from Indiana Southern on 7/2/2021.]
April 16, 2018	Filing 106 ORDER granting #105 Motion to Withdraw Attorney Appearance. Attorney Charles Richard Rush withdrawn as counsel for Defendant TIMOTHY L. STARK. Mr. Rush remains as counsel of record for defendants Melisa Stark and Wildlife in Need and Wildlife in Deed, Inc. Signed by Magistrate Judge Debra McVicker Lynch on 4/16/2018 (copy mailed to Timothy Stark). (LBT) [Transferred from Indiana Southern on 7/2/2021.]
April 13, 2018	Filing 105 MOTION to Withdraw Attorney Appearance , filed by Defendant TIMOTHY L. STARK. (Rush, Charles) [Transferred from Indiana Southern on 7/2/2021.]
April 13, 2018	Filing 104 ORDER Regarding Representation of Defendant Timothy L. Stark - Defendant Timothy L. Stark has tendered for filing several documents that state he has terminated representation of him by attorney Richard Rush, but Mr. Rush apparently continues to represent the other defendants. The court requires Mr. Rush promptly to file an appropriate motion to withdraw if his services havebeen terminated. Signed by Magistrate Judge Debra McVicker Lynch on 4/13/2018.(LBT) [Transferred from Indiana Southern on 7/2/2021.]
April 13, 2018	Filing 103 ORDER on Timothy Stark's Tendered Motion to Continue Hearing - The court STRIKES the motion (at Dkt. #98 ) because at present any filings on Mr. Stark's behalf must be made through counsel. Further, it is very unlikely that the court would continue the hearing even if a motion for continuance were filed by Mr. Rush or re-filed by Mr. Stark if Mr. Rush seeks and is granted the withdrawal of his appearance. The hearing is NOT continued and remains set for April 26, 2018. See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 4/13/2018. (LBT) [Transferred from Indiana Southern on 7/2/2021.]
April 13, 2018	Filing 102 ORDER Striking Memorandum in Answer to Plaintiff's Renewed Motion - The court STRIKES the "Defendants' Memorandum in Answer to Renewed Motion to Compel Discovery and Memorandum," at Dkt. #99 , filed by Timothy L. Stark, for several reasons. See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 4/13/2018.(LBT) [Transferred from Indiana Southern on 7/2/2021.]
April 13, 2018	Filing 101 ORDER on Motion to File Supplemental Memorandum in Support of Renewed Motion to Compel Discovery - #96 Motion for Leave to File Supplemental Memorandum is DENIED. The Court directs the Clerk to STRIKE the memorandum and its attachments at Dkt. #97 . Signed by Magistrate Judge Debra McVicker Lynch on 4/13/2018. (LBT) [Transferred from Indiana Southern on 7/2/2021.]
April 13, 2018	Filing 100 ORDER Striking Defendant's Letter to Counsel - Defendant Timothy L. Stark has filed a copy of a letter to his counsel regarding counsel's continued representation of him. The court STRIKES the letter, at Dkt. #95 , because it seeks no relief from the court and any filings on Mr. Stark's behalf must be made through his counsel. Signed by Magistrate Judge Debra McVicker Lynch on 4/13/2018.(LBT) [Transferred from Indiana Southern on 7/2/2021.]
April 12, 2018	Filing 99 STRICKEN PER NO. 102 Memorandum in Answer to #90 MOTION to Compel Discovery and Require Compliance with this Court's Discovery Orders (Renewed) and #97 Brief in Support of #90 Renewed Motion to Compel, filed by Defendant TIMOTHY L. STARK. (LBT) Modified on 4/13/2018 (LBT). [Transferred from Indiana Southern on 7/2/2021.]
April 12, 2018	Filing 98 STRICKEN PER NO. 103 MOTION to Reschedule Hearing, filed by Defendant TIMOTHY L. STARK. (LBT) Modified on 4/13/2018 (LBT). [Transferred from Indiana Southern on 7/2/2021.]
April 10, 2018	Filing 97 STRICKEN PER NO. 101 BRIEF/MEMORANDUM in Support re #96 MOTION for Leave to File Supplemental Memorandum in Further Support of #90 PETA's Renewed Motion to Compel Discovery , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 - Certified Transcript of Audio, #2 Exhibit 2 - PI Hearing Transcript 1-24-18, #3 Exhibit 3 - Ltr to Rush fr Lewis 3-29-18)(Lewis, Brian) Modified on 4/11/2018 to create link to related motion (LBT). Modified on 4/13/2018 (LBT). [Transferred from Indiana Southern on 7/2/2021.]
April 10, 2018	Filing 96 MOTION for Leave to File Supplemental Memorandum in Further Support of #90 PETA's Renewed Motion to Compel Discovery, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order Proposed Order)(Lewis, Brian) Modified on 4/11/2018 to create link to related motion (LBT). [Transferred from Indiana Southern on 7/2/2021.]
April 9, 2018	Filing 95 STRIKEN PER NO. 100 MOTION to Terminate Legal Relationship, filed by Defendant TIMOTHY L. STARK, pro se. (LBT) Modified on 4/13/2018 (LBT). [Transferred from Indiana Southern on 7/2/2021.]
March 12, 2018	Filing 94 ORDER Setting Hearing and Requiring Defendants to Show Cause Regarding Sanctions and Discovery Violations - This matter is set for hearing on 4/26/2018 at 1:00 PM (Eastern Time), in room #224, United States Courthouse, 121 W. Spring Street, New Albany, Indiana before Magistrate Judge Debra McVicker Lynch. The defendants are ORDERED to APPEAR in person and by counsel. The plaintiff may appear by counsel only, although nothing precludes other representatives of the plaintiff entity from attending with counsel. The court will address at the hearing (a) sanctions because of past discovery misconduct; (b) monetary relief to the plaintiff because of past discovery misconduct, including the plaintiff's motion for attorney fees at Dkt. #85 ; (c) additional discovery orders; and (d) case management, including the plaintiff's motion for entry of case management order at Dkt. #66 . See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 3/12/2018. (MAT) [Transferred from Indiana Southern on 7/2/2021.]
February 27, 2018	Filing 93 ORDER granting #92 Motion to Withdraw Attorney Appearance. Attorney John Seber withdrawn. Signed by Magistrate Judge Debra McVicker Lynch on 2/27/2018. (LBT) [Transferred from Indiana Southern on 7/2/2021.]
February 26, 2018	Filing 92 MOTION to Withdraw Attorney Appearance , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Seber, John) [Transferred from Indiana Southern on 7/2/2021.]
February 16, 2018	Filing 91 BRIEF/MEMORANDUM in Support re #90 MOTION to Compel Discovery and Require Compliance with this Court's Discovery Orders (Renewed) , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 - Ltr to Rush 2-6-18, #2 Exhibit 2 - Transfer Records)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
February 16, 2018	Filing 90 MOTION to Compel Discovery and Require Compliance with this Court's Discovery Orders (Renewed), filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
February 12, 2018	Filing 89 ORDER granting #46 Motion for Preliminary Injunction. Signed by Judge Richard L. Young on 2/12/2018. (TMD) [Transferred from Indiana Southern on 7/2/2021.]
February 8, 2018	Filing 88 ENTRY ON DEFENDANTS' MOTION TO DISMISS - For the reasons stated above, Defendants' Motion to Dismiss (Filing No. #41 ) is DENIED. See Entry for details. Signed by Judge Richard L. Young on 2/8/2018. (MAT) [Transferred from Indiana Southern on 7/2/2021.]
February 6, 2018	Filing 87 Submission of Proposed Order , re #85 MOTION for Attorney Fees , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Seber, John) [Transferred from Indiana Southern on 7/2/2021.]
February 5, 2018	Filing 86 BRIEF/MEMORANDUM in Support re #85 MOTION for Attorney Fees , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Affidavit Declaration of Brian Lewis, #2 Affidavit Declaration of Paul Olszowka, #3 Affidavit Declaration of John Seber)(Seber, John) [Transferred from Indiana Southern on 7/2/2021.]
February 5, 2018	Filing 85 MOTION for Attorney Fees , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit Exhibit A)(Seber, John) [Transferred from Indiana Southern on 7/2/2021.]
February 1, 2018	Filing 84 Findings of Fact & Conclusions of Law (proposed) by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Appendix)(Seber, John) [Transferred from Indiana Southern on 7/2/2021.]
February 1, 2018	Filing 83 Findings of Fact & Conclusions of Law (proposed) by All Defendants. (Rush, Charles) [Transferred from Indiana Southern on 7/2/2021.]
January 29, 2018	Filing 82 ORDER granting #81 Motion to Withdraw Attorney Appearance. Attorney Yeny C. Ciborowski withdrawn. Signed by Magistrate Judge Debra McVicker Lynch on 1/29/2018. (LBT) [Transferred from Indiana Southern on 7/2/2021.]
January 26, 2018	Filing 81 MOTION to Withdraw Attorney Appearance , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]
January 26, 2018	Filing 80 MINUTE ORDER for preliminary injunction hearing held 1/24/2018 before Judge Richard L. Young. Findings of Fact and Conclusions of Law are due 2/01/18. The court extends and continues the TRO #25 currently in effect with conditions (SEE ORDER). Signed by Judge Richard L. Young. (Court Reporter Maggie Techert.)(TMD) [Transferred from Indiana Southern on 7/2/2021.]
January 24, 2018	Filing 79 ORDER granting #77 Motion for Leave to File Supplemental Authority - The court GRANTS the plaintiff's motion (Dkt. #77 ) to file its notice of supplemental authority (at Dkt. #78 ) in support of its opposition to the defendants' motion to dismiss. If the defendants wish to address the new case discussed by PETA in its notice, they may file a response to the notice by January 31, 2018. A reply is not permitted. Signed by Magistrate Judge Debra McVicker Lynch on 1/24/2018. (MAT) [Transferred from Indiana Southern on 7/2/2021.]
January 22, 2018	Filing 78 NOTICE OF SUPPLEMENTAL AUTHORITY, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., re #77 MOTION for Leave to File NOTICE OF SUPPLEMENTAL AUTHORITY, #59 Response in Opposition to Motion. (Attachments: #1 Exhibit 1 (Opinion)) (Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]
January 22, 2018	Filing 77 MOTION for Leave to File NOTICE OF SUPPLEMENTAL AUTHORITY, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]
January 22, 2018	Filing 76 REPLY in Support of Motion re #46 MOTION for Preliminary Injunction , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 (Declaration of Delcianna Winders), #2 Exhibit 2 (Certified Copies of USDA Documents pages 1-28), #3 Exhibit 2 (Certified Copies of USDA Documents pages 29-57), #4 Exhibit 2 (Certified Copies of USDA Documents pages 58-85), #5 Exhibit 2 (Certified Copies of USDA Documents pages 86-96), #6 Exhibit 2 (Certified Copies of USDA Documents pages 97-115))(Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]
January 19, 2018	Filing 75 ORDER ON PLANTIFF'S MOTION FOR SUMMARY RULING - #69 Motion for Summary Ruling is DENIED as provided in this order. The court declines to cancel the preliminary injunction hearing. See Order for details. Signed by Judge Richard L. Young on 1/19/2018. (LBT) [Transferred from Indiana Southern on 7/2/2021.]
January 19, 2018	Filing 74 ORDER granting #63 , #64 , and #65 Motions to Appear pro hac vice. John Seber, Gabriel Walters, Caitlin Hawks for PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. added. The court FURTHER ORDERS that John Seber, Gabriel Walters, and Caitlin Hawks register as users of the court's electronic case filing system by January 31, 2018. Failure to register could result in the revocation of admission pro hac vice. Copies sent per distribution list via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 1/19/2018. (MAT) [Transferred from Indiana Southern on 7/2/2021.]
January 19, 2018	Filing 73 ORDER on #61 Plaintiff's Motion for Sanctions and Order to Show Cause - The plaintiff's motion for sanctions and for the issuance of a show cause order (Dkt. #61 ) is GRANTED IN PART, DENIED IN PART, and TAKEN UNDER ADVISEMENT IN PART. At this time, the following sanction is imposed: The defendants are prohibited from introducing any evidence at the preliminary injunction hearing, whether by affidavit, live testimony, or documents, unless that evidence was produced in discovery in this case, subject to the following exception. To the extent PETA does not stipulate to the foundational elements for admission of such a document produced in discovery, the defendants can present evidence limited to establishing those foundational elements. To be clear, however, the defendants are otherwise prohibited from presenting testimony during the hearing because they refused to comply with the court's discovery orders and refused to cooperate to appear for their depositions. See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 1/19/2018. (MAT) [Transferred from Indiana Southern on 7/2/2021.]
January 19, 2018	Filing 72 RESPONSE in Opposition re #69 MOTION FOR SUMMARY RULING ON MOTION FOR PRELIMINARY INJUNCTION, #61 MOTION for Sanctions AND ORDER TO SHOW CAUSE , filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Exhibit A)(Rush, Charles) [Transferred from Indiana Southern on 7/2/2021.]
January 17, 2018	Filing 71 CERTIFICATE OF SERVICE by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. re #67 Declaration, #66 MOTION FOR ENTRY OF CASE MANAGEMENT ORDER (Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]
January 17, 2018	Filing 70 ORDER Requiring Expedited Briefing by Defendants - The court ORDERS the defendants to file their responses to the following two motions no later than 12:00 p.m. (Eastern) on January 19, 2018: 1. Plaintiff's motion for sanctions and order to show cause, at Dkt. #61 and 2. Plaintiff's motion for summary ruling on motion for preliminary injunction, at Dkt. #69 . Signed by Magistrate Judge Debra McVicker Lynch on 1/17/2018.(DW) [Transferred from Indiana Southern on 7/2/2021.]
January 17, 2018	Filing 69 MOTION FOR SUMMARY RULING ON MOTION FOR PRELIMINARY INJUNCTION, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A - Amended Notices of Deposition, #2 Exhibit B - 1-9-18 Email, #3 Exhibit C - 11-22-17 Ltr to R. Pelphrey)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
January 17, 2018	Filing 68 NOTICE of Filing and Certificate of Service for Docket Nos. 66 and 67 by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. (Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
January 17, 2018	Filing 67 DECLARATION of Brian Lewis in Support of Plaintiff's Motion for Entry of Case Management Order re #66 Motion (Other) by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A - 12-13-17 Email, #2 Exhibit B - 12-20-17 Email, #3 Exhibit C - 12-22-17 Email, #4 Exhibit D - 12-28-17 Email, #5 Exhibit E - 1-4-18 Email)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
January 17, 2018	Filing 66 MOTION FOR ENTRY OF CASE MANAGEMENT ORDER, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 - Plaintiff's Proposed Case Management Plan)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
January 17, 2018	Filing 65 MOTION for Attorney(s) Caitlin Hawks to Appear pro hac vice (Filing fee $100, receipt number 0756-4712185), filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A - Certification in Support, #2 Text of Proposed Order Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
January 17, 2018	Filing 64 MOTION for Attorney(s) Gabriel Walters to Appear pro hac vice (Filing fee $100, receipt number 0756-4712178), filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A - Certification in Support, #2 Text of Proposed Order Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
January 17, 2018	Filing 63 MOTION for Attorney(s) John Seber to Appear pro hac vice (Filing fee $100, receipt number 0756-4712139), filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A - Certification in Support, #2 Text of Proposed Order Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
January 12, 2018	Filing 62 BRIEF/MEMORANDUM in Support re #61 MOTION for Sanctions AND ORDER TO SHOW CAUSE , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A (Declaration of Brian W. Lewis))(Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]
January 12, 2018	Filing 61 MOTION for Sanctions AND ORDER TO SHOW CAUSE, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]
January 10, 2018	Filing 60 SUPPLEMENTAL ENTRY ON DEFENDANT'S MOTION TO DISMISS - On January 8, 2018, the court issued an Order directing Plaintiff to respond to Defendants' Motion to Dismiss because the docket had not yet reflected any response. (Filing No. #53 ). The court was subsequently informed that the Magistrate Judge extended the briefing deadlines for Defendants' Motion to Dismiss. (Filing No. #45 at 3 8). This extended schedule conflicts, at least in part, with the court's January 8th Order. For clarification, the parties shall abide by the deadlines set forth in the court's January 8th Order. Plaintiff has already filed its Response. (Filing No. #59 ). Accordingly, Defendants are directed to file a Reply (if necessary) by January 22, 2018. The court will hear argument on the Motion to Dismiss at the hearing for the preliminary injunction on January 24, 2018. See Entry for details. Signed by Judge Richard L. Young on 1/10/2018. (MAT) [Transferred from Indiana Southern on 7/2/2021.]
January 9, 2018	Filing 59 RESPONSE in Opposition re #41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]
January 8, 2018	Filing 58 NOTICE of Filing and Certificate of Service for Docket Nos. #54 , #55 , #56 , and #57 by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. (Ciborowski, Yeny) Modified on 1/9/2018 to add links to related documents (MAT). [Transferred from Indiana Southern on 7/2/2021.]
January 8, 2018	Filing 57 DECLARATION of Yeny C. Ciborowski re #46 Motion for Preliminary Injunction, #54 Brief/Memorandum in Support by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A (Defendants APHIS Form 7019 (Record of Animals On Hand)), #2 Exhibit B (Document Production Received from Dr. McDonald Pursuant to Subpoena), #3 Exhibit C (USDA Routine Inspection Report dated June 28, 2013), #4 Exhibit D (Defendants Medical Treatment Log), #5 Exhibit E (Disc Containing Videos E-1 through E-10), #6 Exhibit F (USDA Complaint Against Defendants), #7 Exhibit G (USDA Routine Inspection Report dated September 14, 2015), #8 Exhibit H (USDA Routine Inspection Report dated September 8, 2014), #9 Exhibit I (USDA Routine Inspection Report dated March 31, 2017))(Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]
January 8, 2018	Filing 56 DECLARATION of Jennifer Conrad, D.V.M. re #46 Motion for Preliminary Injunction, #54 Brief/Memorandum in Support by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A (Curriculum Vitae))(Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]
January 8, 2018	Filing 55 DECLARATION of Jay Pratte re #46 Motion for Preliminary Injunction, #54 Brief/Memorandum in Support by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A (Curriculum Vitae), #2 Exhibit B (List of References))(Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]
January 8, 2018	Filing 54 BRIEF/MEMORANDUM in Support re #46 MOTION for Preliminary Injunction , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]
January 8, 2018	Filing 53 ORDER taking under advisement Defendants' #41 Motion to Dismiss. Plaintiff is directed to file a response no later than 1/15/18 and any reply by defendants shall be filed no later than 1/22/18. Signed by Judge Richard L. Young on 1/8/2018. (TMD) [Transferred from Indiana Southern on 7/2/2021.]
January 8, 2018	Filing 52 ORDER granting Plaintiff's #26 Motion to Dismiss Counterclaim. Signed by Judge Richard L. Young on 1/8/2018. (TMD) [Transferred from Indiana Southern on 7/2/2021.]
January 5, 2018	Filing 51 ORDER on Plaintiff's Renewed Motion to Compel - #49 Motion to Compel is GRANTED. The defendants are ORDERED to supplement their answers to the interrogatories and document requests, and produce the additional documents, no later than January 10, 2018. In addition, the court GRANTS the plaintiff's request for fees in bringing their motion to compel. The plaintiff may file a petition for fees within 30 days, and the briefing of that petition will proceed as provided by Local Rule 7-1. See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 1/5/2018. (LBT) [Transferred from Indiana Southern on 7/2/2021.]
January 2, 2018	Filing 50 BRIEF/MEMORANDUM in Support re #49 MOTION to Compel Discovery (Renewed) , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 - Defendants' Response to Discovery, #2 Exhibit 2 - Record of Animals of Hand, #3 Exhibit 3 - Animal Medical Record)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
January 2, 2018	Filing 49 MOTION to Compel Discovery (Renewed), filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
December 29, 2017	Filing 48 Scheduling Order for Briefing of Preliminary Injunction Motion - The plaintiff's memorandum of law in support of its motion for preliminary injunction must be filed by January 8, 2018. The defendants' response must be filed by January 15, 2018. Any reply brief must be filed by January 22, 2018. Signed by Magistrate Judge Debra McVicker Lynch on 12/29/2017. (MAT) [Transferred from Indiana Southern on 7/2/2021.]
December 19, 2017	Filing 47 NOTICE of Filing and Certificate of Service for PETA's Discovery Requests and Letter Identifying Discovery Requests Pursuant to Order dated December 15, 2017 [Docket No. 45] by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. (Attachments: #1 Exhibit A (PETA Discovery Requests), #2 Exhibit B (Letter Identifying Discovery Requests)) (Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]
December 19, 2017	Filing 46 MOTION for Preliminary Injunction , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 (Transcript of TRO Hearing Dated October 19, 2017))(Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]
December 15, 2017	Filing 45 MINUTE ENTRY and ORDER from Motion Hearing held before Magistrate Judge Debra McVicker Lynch on 12/15/2017. The defendants' motion for a stay of discovery (Dkt. 40) is DENIED. The plaintiff must file its motion for preliminary injunction by December 19, 2017. The court will later set a briefing schedule on the motion, which may depend on the identification and resolution of any discovery disputes. In the meantime, a deadline for the plaintiff's opening brief is stayed. (See Order for additional deadlines and information). Signed by Magistrate Judge Debra McVicker Lynch. (KGK) [Transferred from Indiana Southern on 7/2/2021.]
December 14, 2017	Filing 44 RESPONSE in Opposition re #40 MOTION to Stay of Discovery Requests , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]
December 13, 2017	Filing 42 BRIEF/MEMORANDUM in Support re #41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Exhibit License with USDA)(Rush, Charles) [Transferred from Indiana Southern on 7/2/2021.]
December 12, 2017	Filing 41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Exhibit License from USDA)(Rush, Charles) [Transferred from Indiana Southern on 7/2/2021.]
December 12, 2017	Filing 40 MOTION to Stay of Discovery Requests, filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Exhibit letter from Tim Stark)(Rush, Charles) [Transferred from Indiana Southern on 7/2/2021.]
December 8, 2017	Filing 39 SCHEDULING ORDER - A hearing is set by telephone before Magistrate Judge Debra McVicker Lynch on 12/15/2017 at 3:00 PM (Eastern Time), on (1) any motion for protective order and (2) the plaintiff's motions to compel. The court will also address deposition scheduling and the extension of briefing deadlines in advance of the preliminary injunction deadline. The plaintiff's December 13, 2017 deadline to file its opening brief is stayed; it will be reset at the hearing. The plaintiff's motions for a hearing (Dkt. #31 and Dkt. #37 ) and its request for deadlines for the defendants' responses to its written discovery are GRANTED as provided in this order. 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 hearing set for December 15, 2017. See Order for additional deadlines and details. Signed by Magistrate Judge Debra McVicker Lynch on 12/8/2017. (MAT) [Transferred from Indiana Southern on 7/2/2021.]
December 7, 2017	Filing 38 1 CD received of Videos referenced in #33 Reply in Support of Motion (JRB) [Transferred from Indiana Southern on 7/2/2021.]
December 7, 2017	Filing 37 Emergency MOTION FOR ORAL ARGUMENT PURSUANT TO LOCAL RULE 7-5 RE #34 Motion to Compel Discovery and #35 Motion for Extension of Time re Briefing Schedule on Motion for Preliminary Injunction, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Ciborowski, Yeny) Modified on 12/8/2017 to create link to related motions (LBT). [Transferred from Indiana Southern on 7/2/2021.]
December 7, 2017	Filing 36 BRIEF/MEMORANDUM in Support re #35 MOTION for Extension of Time to Briefing Schedule on Motion for Preliminary Injunction in which to #25 Motion HearingSet Hearings , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A (E-mail dated December 5, 2017), #2 Exhibit B (Letter dated December 6, 2017), #3 Exhibit C (Letter dated December 7, 2017))(Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]
December 7, 2017	Filing 35 MOTION for Extension of Time to Briefing Schedule on Motion for Preliminary Injunction in which to #25 Motion HearingSet Hearings , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A (Proposed Order))(Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]
December 7, 2017	Filing 34 MOTION to Compel Discovery, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A (E-mail dated December 5, 2017))(Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]
December 6, 2017	Filing 33 REPLY in Support of Motion re #30 MOTION to Compel Compliance with Notices of Inspection , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A (E-mail dated December 5, 2017), #2 Exhibit B (Letter dated December 6, 2017), #3 Exhibit C (E-mail dated December 6, 2017), #4 Exhibit D (Photographs))(Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]
December 1, 2017	Filing 32 RESPONSE to #30 Motion to Compel, filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC..(Rush, Charles) Modified on 12/4/2017 to create link to related motion (LBT). [Transferred from Indiana Southern on 7/2/2021.]
November 29, 2017	Filing 31 Emergency MOTION for Oral Argument Pursuant to Local Rule 7-5 re #30 MOTION to Compel, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Ciborowski, Yeny) Modified on 11/30/2017 to create link to related motion (LBT). [Transferred from Indiana Southern on 7/2/2021.]
November 29, 2017	Filing 30 MOTION to Compel Compliance with Notices of Inspection, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A (Notices of Inspection), #2 Exhibit B (Letter dated November 15, 2017), #3 Exhibit C (USDA Inspection Report dated March 31, 2017), #4 Exhibit D (Email correspondence date November 20, 2017), #5 Exhibit E (Email dated November 22, 2017), #6 Exhibit F (Proposed Order))(Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]
November 9, 2017	Filing 29 NOTICE of Filing and Certificate of Service for Docket Nos. #26 , #27 , and #28 by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. (Ciborowski, Yeny) Modified on 11/13/2017 to create link to related documents (LBT). [Transferred from Indiana Southern on 7/2/2021.]
November 9, 2017	Filing 28 DECLARATION of Brittany Peet re #26 Motion to Dismiss for Failure to State a Claim, #27 Brief/Memorandum in Support by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 (PETA Press Release dated October 3, 2017))(Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]
November 9, 2017	Filing 27 BRIEF/MEMORANDUM in Support re #26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Counter Defendant PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]
November 9, 2017	Filing 26 MOTION TO DISMISS Counterclaim FOR FAILURE TO STATE A CLAIM , filed by Counter Defendant PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Ciborowski, Yeny) Modified on 11/13/2017 (LBT). [Transferred from Indiana Southern on 7/2/2021.]
October 30, 2017	Filing 25 ORDER Extending Temporary Restraining Order - Hearing on Plaintiff's #4 Motion for Temporary Restraining Order held 10/19/17 before Judge Richard L. Young. Plaintiff's Motion for Temporary Restraining Order (Filing No. 4) isGRANTED and Defendant's Objection to Issuance of Temporary Restraining Order (Filing No. 24) is OVERRULED. Preliminary Injunction Hearing is set for 1/24/2018 at 10:00 AM in room #301, United States Courthouse, 101 Northwest MLK Boulevard, Evansville, Indiana before Judge Richard L. Young. Signed by Judge Richard L. Young. (Court Reporter Maggie Techert.)(TMD) [Transferred from Indiana Southern on 7/2/2021.]
October 19, 2017	Filing 24 OBJECTION to Issuance of #19 Temporary Restraining Order, filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Rush, Charles) Modified on 10/20/2017 to accurately describe document and create link to related document (LBT). [Transferred from Indiana Southern on 7/2/2021.]
October 19, 2017	Filing 23 ANSWER to #1 Complaint for Injunctive and other relief and, COUNTERCLAIM against All Plaintiffs, filed by All Defendants.(Rush, Charles) [Transferred from Indiana Southern on 7/2/2021.]
October 6, 2017	Filing 22 Summons Issued as to TIMOTHY L. STARK and WILDLIFE IN NEED AND WILDLIFE IN DEED, INC. (LBT) [Transferred from Indiana Southern on 7/2/2021.]
October 5, 2017	Filing 21 Proposed Summons submitted for issuance by the clerk as to TIMOTHY L. STARK. (Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]
October 5, 2017	Filing 20 Proposed Summons submitted for issuance by the clerk as to WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]
October 4, 2017	Filing 19 ENTRY GRANTING MOTION FOR TEMPORARY RESTRAINING ORDER - #4 Motion for Temporary Restraining Order is GRANTED. Hearing on the Motion is continued to 10/19/2017 at 1:00 PM (Central Time) in room #301, United States Courthouse, 101 Northwest MLK Boulevard, Evansville, Indiana before Judge Richard L. Young. See Entry for additional details. Signed by Judge Richard L. Young on 10/4/2017.(LBT) [Transferred from Indiana Southern on 7/2/2021.]
October 4, 2017	Filing 18 Minute Entry for telephonic conference held 10/03/17 before Judge Richard L. Young. The conference was held and the court enters temporary relief by separate order. (TMD) [Transferred from Indiana Southern on 7/2/2021.]
October 3, 2017	Filing 17 NOTICE of Appearance by Charles Richard Rush on behalf of Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Rush, Charles) [Transferred from Indiana Southern on 7/2/2021.]
October 3, 2017	Filing 15 SCHEDULING ORDER: Telephone Conference is set for 10/3/2017 at 3:00 PM (Eastern Time) before Judge Richard L. Young. The information needed to participate in this telephonic conference will be provided by a separate notification. Signed by Judge Richard L. Young on 10/3/2017.(TMD) [Transferred from Indiana Southern on 7/2/2021.]
October 2, 2017	Filing 14 NOTICE of Appearance by Paul T. Olszowka on behalf of Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]
October 2, 2017	Filing 13 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (LBT) [Transferred from Indiana Southern on 7/2/2021.]
October 2, 2017	Filing 12 Summons Issued as to MELISA D. STARK. (LBT) [Transferred from Indiana Southern on 7/2/2021.]
October 2, 2017	Filing 11 NOTICE of Appearance by Brian W. Lewis on behalf of Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]
September 29, 2017	Filing 10 NOTICE of Filing and Certificate of Service for Docket Nos. 4, 5, 6, 7, 8, and 9 by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. (Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]
September 29, 2017	Filing 9 DECLARATION of Yaniv Schiff re #4 Motion for TRO, #5 Brief/Memorandum in Support by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 (Wildlife In Need Facebook Page), #2 Exhibit 2 (Wildlife In Need Eventbrite Page))(Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]
September 29, 2017	Filing 8 DECLARATION of Jay Pratte re #4 Motion for TRO, #5 Brief/Memorandum in Support by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]
September 29, 2017	Filing 7 DECLARATION of Jennifer Conrad, D.V.M. re #4 Motion for TRO, #5 Brief/Memorandum in Support by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]
September 29, 2017	Filing 6 DECLARATION of Yeny C. Ciborowski re #5 Brief/Memorandum in Support, #4 Motion for TRO by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]
September 29, 2017	Filing 5 BRIEF/MEMORANDUM in Support re #4 MOTION for Temporary Restraining Order , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]
September 29, 2017	Filing 4 MOTION for Temporary Restraining Order , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]
September 29, 2017	Filing 3 Corporate Disclosure Statement by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]
September 29, 2017	Filing 2 NOTICE of Appearance by Yeny C. Ciborowski on behalf of Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]
September 29, 2017	Filing 1 COMPLAINT FOR INJUNCTIVE AND OTHER RELIEF (VERIFIED) against All Defendants, filed by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Filing fee $400, receipt number 0756-4563554) (Attachments: #1 Exhibit A (Notice of Intent to Sue), #2 Civil Cover Sheet, #3 Proposed Summons)(Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]

March 28, 2022

Filing 488 NOTICE OF BILL OF COSTS HEARING, Bill of Costs Hearing set for 5/3/2022 11:00 AM in Court Clerk's Office (dtb)

March 25, 2022

Filing 487 BRIEF IN SUPPORT re #486 Bill of Costs, by People for the Ethical Treatment of Animals Inc. (Hintz, Heather)

March 25, 2022

Filing 486 BILL OF COSTS by People for the Ethical Treatment of Animals Inc. (Attachments: #1 Attachment Affidavit of H. Hintz in Support of Bill of Costs, #2 Exhibit 1 - Itemization, #3 Exhibit 2 - Fees Paid to Court Clerk, #4 Exhibit 3 - Expenses for Service of Pleadings, #5 Exhibit 4 - Expenses for Transcripts)(Hintz, Heather)

March 25, 2022

Filing 485 MOTION for Attorney Fees (Reasonable Attorneys' Fees and Expenses, and Brief in Support) by People for the Ethical Treatment of Animals Inc. (Attachments: #1 Exhibit 1 - PETA Fees, #2 Exhibit 2 - Barnes & Thornburg Fees, #3 Exhibit 3 - Phillips Murrah Fees, #4 Exhibit 4 - Declaration of A. Smith, #5 Exhibit 5 - Declaration of G. Walters, #6 Exhibit 6 - Declaration of B. Lewis, #7 Exhibit 7 - Declaration of Olszowka, #8 Exhibit 8 - Declaration of H. HIntz, #9 Exhibit 9 - Expert Fees)(Hintz, Heather)

February 25, 2022

Filing 484 FINAL JUDGMENT. Signed by Judge Stephen P. Friot on 2/25/2022. (llg)

February 25, 2022

Filing 483 FINDINGS OF FACT AND CONCLUSIONS OF LAW. Signed by Judge Stephen P. Friot on 2/25/2022. (llg)

February 2, 2022

Filing 482 Minute Entry for proceedings held before Judge Stephen P. Friot: Bench Trial held on 2/2/2022. (Court Reporter Susan Fenimore.) (llg)

January 19, 2022

Filing 481 ORDER approving #478 Final Pretrial Report. Signed by Judge Stephen P. Friot on 1/19/2022. (llg)

January 14, 2022

Filing 480 DESIGNATION OF DEPOSITION TESTIMONY by People for the Ethical Treatment of Animals Inc . (Hintz, Heather)

January 14, 2022

Filing 479 TRIAL BRIEF by Plaintiff People for the Ethical Treatment of Animals Inc. (Attachments: #1 Exhibit 1 - Proposed Findings of Fact and Conclusions of Law, #2 Exhibit 2 - Proposed Judgment)(Hintz, Heather)

January 14, 2022

Filing 478 FINAL PRETRIAL REPORT. (Hintz, Heather)

January 14, 2022

Filing 477 CERTIFICATE of Counsel re Service. (Attachments: #1 Exhibit Cert Mail Receipt, #2 Exhibit Tracking)(Card, Daniel)

January 12, 2022

Filing 476 CERTIFICATE of Counsel re #473 Order on Motion for Order,,, by Heather L Hintz on behalf of People for the Ethical Treatment of Animals Inc (Attachments: #1 Exhibit 1 - Proof of Service)(Hintz, Heather)

January 12, 2022

Filing 475 CERTIFICATE of Counsel (Certificate of Service of Motion for Status Conference and Trial Briefing Schedule [Doc. 472] on Defendant) by Heather L Hintz on behalf of People for the Ethical Treatment of Animals Inc (Attachments: #1 Exhibit 1 - Proof of Service)(Hintz, Heather)

December 20, 2021

Filing 474 CERTIFICATE of Counsel re #471 Other Hearing, Set Deadlines/Hearings,,,,,, (Plaintiff's Certificate of Service) by Heather L Hintz on behalf of People for the Ethical Treatment of Animals Inc (Attachments: #1 Exhibit 1 - Proof of Mailings)(Hintz, Heather)

December 16, 2021

Filing 473 ORDER granting in part and denying in part #472 Plaintiff's Motion for Status Conference and Trial Briefing Schedule. The motion is GRANTED to the extent that plf seeks a trial briefing schedule (as fully set out in this order). The motion is DENIED to the extent that plf seeks a status conference. Plf is DIRECTED to serve this order on dft Lowe in the same manner as it served the instant motion. Plf shall file proof of service not later than 1/14/2022. In addition, the court notes that dft Lowe has neither appeared by counsel nor filed an entry of appearance pro se. Accordingly, consistent with #459 Court's 7/14/2021 order, Daniel J. Card is DIRECTED to forward this order to dft Lowe and to file proof of service (like doc. no. 465, filed on 8/4/2021) not later than 1/14/2022. Signed by Judge Stephen P. Friot on 12/16/2021. (llg)

December 15, 2021

Filing 472 MOTION for Order (for Status Conference and Trial Briefing Schedule) by People for the Ethical Treatment of Animals Inc. (Hintz, Heather)

November 29, 2021

Filing 471 Minute Entry for proceedings held before Judge Stephen P. Friot: Hearing to consider default judgment held on 11/29/2021. Dft Jeffrey L. Lowe does not appear. Court determines that limited retrospective relief should be ordered by default as to dft Lowe. Court declares that dft Lowe's past acts with respect to the lions identified as Amelia, Leo, Nala and Kahari violated the Endangered Species Act and its implementing regulations. This determination will be included in the final judgment to be entered at the conclusion of this action. Bench Trial on remaining claims set for 2/2/2022 09:00 AM in Courtroom 401 before Judge Stephen P. Friot. Pretrial Report to be filed and served by plf on dft Lowe by 1/14/2022. Court also DIRECTS plf to serve the minute sheet for this hearing on dft Lowe. (Court Reporter Tracy Thompson.) (llg)

November 24, 2021

Filing 470 SUPPLEMENT in Support of Default Judgment by People for the Ethical Treatment of Animals Inc. (Attachments: #1 Exhibit 1 - Transcribed TMZ Interview, #2 Exhibit 2 - TMZ Article, #3 Exhibit 3 - Consent Decree, #4 Exhibit 4 - Notice re Consent Decree)(Hintz, Heather)

October 12, 2021

Filing 469 CERTIFICATE of Counsel re #467 Order on Motion for Summary Judgment, #468 Order, Set Hearings,, by Daniel J Card on behalf of JEFFREY L. LOWE (Attachments: #1 Exhibit Green Card)(Card, Daniel)

September 27, 2021

Filing 468 ORDER re #459 7/14/2021 Order on Motion to Withdraw as Attorney. A hearing for the purpose of considering a default judgment along the lines set out in this order is SET for 11/29/2021 01:30 PM in Courtroom 401 Judge Stephen P. Friot. Per his continuing obligation to do so, atty Card is DIRECTED to promptly forward this order to dft Lowe & to file a certificate of service. Signed by Judge Stephen P. Friot on 9/27/2021. (llg)

September 27, 2021

Filing 467 ORDER denying #406 Plaintiff's Motion for Summary Judgment. Based on atty Card's ongoing obligations under #459 7/14/2021 Order, he is DIRECTED to promptly forward this order to dft Lowe & to file a certificate of service. Signed by Judge Stephen P. Friot on 9/27/2021. (llg) Modified on 9/27/2021 (llg).

September 17, 2021

Filing 466 AFFIDAVIT of Service for Order of Withdrawal of Counsel of Record served on Jeffrey Lowe on 9/16/2021, filed by Defendant JEFFREY L. LOWE. (Attachments: #1 Affidavit Affidavit of Service of Withdrawal Order)(Card, Daniel)

August 4, 2021

Filing 465 NOTICE (other) by JEFFREY L. LOWE of Service of Court's Order Allowing Withdrawal of Counsel (Attachments: #1 Exhibit Receipt of Cert Mail, #2 Exhibit Proof of Receipt)(Card, Daniel)

August 4, 2021

Filing 464 ENTRY of Appearance by Caitlin Hawks on behalf of People for the Ethical Treatment of Animals Inc (Hawks, Caitlin)

August 4, 2021

Filing 463 ENTRY of Appearance by Asher Smith on behalf of People for the Ethical Treatment of Animals Inc (Smith, Asher)

July 22, 2021

Filing 462 ORDER granting #460 Motion to Appear Pro Hac Vice Filed on Behalf of Attorney Asher Smith, granting #461 Motion to Appear Pro Hac Vice Filed on Behalf of Attorney Caitlin K. Hawks (as fully set out in this order). Signed by Honorable Stephen P. Friot on 7/22/2021. (llg)

July 22, 2021

Filing 461 MOTION for Leave to Appear Pro Hac Vice Filed on Behalf of Attorney Caitlin K. Hawks Filing fee $ 50, receipt number AOKWDC-3727025 by People for the Ethical Treatment of Animals Inc. (Attachments: #1 Exhibit 1 - Application of Caitlin Hawks)(Hintz, Heather)

July 22, 2021

Filing 460 MOTION for Leave to Appear Pro Hac Vice Filed on Behalf of Attorney Ashser Smith Filing fee $ 50, receipt number AOKWDC-3727020 by People for the Ethical Treatment of Animals Inc. (Attachments: #1 Exhibit 1 - Application of Asher Smith)(Hintz, Heather)

July 14, 2021

Filing 459 ORDER granting #456 Motion to Withdraw as Counsel of Record for Defendant. Attorney Daniel J Card withdrawn as counsel for Jeffrey Lowe, SUBJECT to the conditions set out in this order. Dft Lowe is DIRECTED to engage replacement counsel, with such counsel to file an entry of appearance within 14 days of the date of entry of this order; alternatively, dft Lowe may file a pro se entry of appearance within 14 days of the date of this order. Failure to comply may result in motions or claims being adjudicated against dft. Mr. Card is DIRECTED to promptly serve this order on dft Lowe and to file a certificate of service. Signed by Honorable Stephen P. Friot on 7/14/2021. (llg)

July 14, 2021

Filing 458 ORDER regarding pro hac vice admission of plaintiff's non-resident attorneys (as fully set out in this order). Signed by Honorable Stephen P. Friot on 7/14/2021. (llg)

July 14, 2021

Filing 457 ORDER granting as confessed #440 Motion for Leave to File Supplemental Evidence from U.S. v. Lowe, filed by People for the Ethical Treatment of Animals Inc, #441 Motion for Leave to File Supplemental Evidence Previously Withheld, filed by People for the Ethical Treatment of Animals Inc and #442 Motion for Leave to File Supplemental Authority, filed by People for the Ethical Treatment of Animals Inc. The exhibits attached to said motions may be considered by the court in conjunction with #406 Motion for Summary Judgment Against Jeff Lowe, filed by People for the Ethical Treatment of Animals Inc. If Lowe seeks to respond to the supplemental evidence, he may do so within 28 days of the date of this order. Any reply brief by PETA is due 14 days from the filing of any response brief. Paragraph 2(f) of #269 Order is STRICKEN. Ddls for motions in limine & trial briefs will be established by this court when this action is set for trial. In future filings, the parties are DIRECTED to include docket numbers and other identifiers (such as page numbers and/or paragraph numbers) when citing the record. This is important given the lengthy record and the fact that this action has only recently been transferred to this court. Any filing which does not provide adequate references to the record may be stricken. Signed by Honorable Stephen P. Friot on 7/14/2021. (llg)

July 13, 2021

Filing 456 MOTION to Withdraw as Attorney by JEFFREY L. LOWE. (Card, Daniel)

July 12, 2021

Filing 455 NOTICE OF RELATED OR COMPANION CASE by People for the Ethical Treatment of Animals Inc (Hintz, Heather)

July 9, 2021

Filing 454 ENTRY of Appearance by Heather L Hintz on behalf of People for the Ethical Treatment of Animals Inc (Hintz, Heather)

July 2, 2021

Filing 453 Case transferred in from District of Indiana Southern; Case Number 4:17-cv-00186.

July 1, 2021

Filing 452 Transfer Letter to Clerk of the Western District of Oklahoma. Case transferred electronically to Western District of Oklahoma, on 7/1/2021. (TMC) [Transferred from Indiana Southern on 7/2/2021.]

July 1, 2021

Filing 451 ORDER TRANSFERRING CASE - PETA's objections are OVERRULED, and the court now TRANSFERS this case to the Western District of Oklahoma. The court notes for the Oklahoma court that the following motions are being transferred: PETA's Motion for Summary Judgment (Filing No. #406 ), and Motions for Leave to Introduce Supplemental Evidence (Filing No. #440 , #441 , #442 ). The clerk is designated to transfer this matter to the Western District of Oklahoma (See Order). Signed by Judge Richard L. Young on 7/1/2021.(TMC) [Transferred from Indiana Southern on 7/2/2021.]

June 17, 2021

Filing 450 RESPONSE , re #449 Order to Show Cause, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 - Correspondence)(Smith, Asher) [Transferred from Indiana Southern on 7/2/2021.]

June 14, 2021

Filing 449 ORDER TO SHOW CAUSE - PETA is directed to SHOW CAUSE why this case should not be dismissed or transferred as fully explained above. PETA shall respond no later than June 25, 2021 (See Order). Signed by Judge Richard L. Young on 6/14/2021 (Copies mailed per distribution list).(TMC) [Transferred from Indiana Southern on 7/2/2021.]

June 14, 2021

Filing 448 ENTRY ON MOTION FOR ATTORNEYS' FEES AND BILL OF COSTS - PETA's Motion for Attorneys' Fees (Filing No. #446 ) is GRANTED in part and DENIED in part. PETA's Motion for Bill of Costs (Filing No. #445 ) is GRANTED. The court awards PETA $696,091.11 in attorneys' fees and expenses and $37,906.59 in costs. The WIN Defendants shall be jointly and severally liable. No separate judgment is required for this ruling (See Entry). Signed by Judge Richard L. Young on 6/14/2021 (Copies mailed per distribution list). (TMC) [Transferred from Indiana Southern on 7/2/2021.]

May 10, 2021

Filing 447 BRIEF/MEMORANDUM in Support re #446 MOTION for Attorney Fees and Expenses , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 - A. Smith Declaration, #2 Exhibit A to Smith Declaration, #3 Exhibit 2 - PETA Time Records, #4 Exhibit 3 - Barnes Time Records, #5 Exhibit 4 - G. Walters Declaration, #6 Exhibit 5 - B. Lewis Declaration, #7 Exhibit 6 - P. Olszowka Declaration, #8 Exhibit 7 - Expert Fees)(Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]

May 10, 2021

Filing 446 MOTION for Attorney Fees and Expenses, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]

May 7, 2021

Filing 445 BILL OF COSTS by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Affidavit of P. Olszowka, #2 Exhibit 1 - 6)(Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]

April 26, 2021

Filing 444 PARTIAL FINAL JUDGMENT - For reasons explained in the court's entry issued today and summary judgment entry issued on August 3, 2020, the court now enters partial final judgment in favor of People for the Ethical Treatment of Animals, Inc. and against Wildlife in Need and Wildlife in Deed, Inc., Timothy Stark, and Melisa Stark. Signed by Judge Richard L. Young on 4/26/2021 (Copies mailed per distribution list).(TMC) [Transferred from Indiana Southern on 7/2/2021.]

April 26, 2021

Filing 443 ENTRY ON MOTION FOR PARTIAL FINAL JUDGMENT - PETA's Motion for Partial Final Judgment (Filing No. #439 ) is GRANTED. Final judgment shall issue accordingly (See Entry). Signed by Judge Richard L. Young on 4/26/2021 (Copies mailed per distribution list). (TMC) [Transferred from Indiana Southern on 7/2/2021.]

April 16, 2021

Filing 442 MOTION for Leave to File Supplemental Authority, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A - USDA Decision and Order, #2 Text of Proposed Order)(Smith, Asher) [Transferred from Indiana Southern on 7/2/2021.]

March 2, 2021

Filing 441 MOTION for Leave to File Supplemental Evidence Previously Withheld, in support of #406 MOTION for Summary Judgment Against Jeff Lowe, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A-D, #2 Text of Proposed Order)(Smith, Asher) Modified on 3/3/2021 to create entry relationship (TMC). [Transferred from Indiana Southern on 7/2/2021.]

December 2, 2020

Filing 440 MOTION for Leave to File Supplemental Evidence from U.S. v. Lowe, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 - L. Lowe Statement, #2 Exhibit 2 - Photos, #3 Exhibit 3 - Declaration, #4 Text of Proposed Order)(Smith, Asher) [Transferred from Indiana Southern on 7/2/2021.]

November 17, 2020

Filing 439 MOTION for Entry of a Final Judgment as to WIN Defendants, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

October 30, 2020

Filing 438 REPLY in Support of Motion re #406 MOTION for Summary Judgment Against Jeff Lowe , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 - 6/2/20 Letter, #2 Exhibit 2 - 6/2/20 Email)(Smith, Asher) [Transferred from Indiana Southern on 7/2/2021.]

October 28, 2020

Filing 437 ORDER granting #431 Motion for Leave to File Supplemental Evidence. The Court may consider the evidence cited in and/or attached to the Motion in conjunction with ECF No. #406 . Signed by Magistrate Judge Debra McVicker Lynch on 10/28/2020 (Copies mailed per distribution list). (TMC) [Transferred from Indiana Southern on 7/2/2021.]

October 28, 2020

Filing 436 Order Requiring Company Defendant to Appear by Counsel - Counsel for defendant Wildlife in Need and Wildlife in Deed, Inc. ("WIN") recently withdrew from the case. WIN must be represented by a lawyer. Because WIN is an entity and not a person, it is not "permitted to litigate in a federal court unless it is represented by a lawyer licensed to practice in that court." United States v. Hagerman, 545 F.3d 579, 581 (7th Cir. 2008). Defendant WIN must appear by counsel by November 13, 2020. Signed by Magistrate Judge Debra McVicker Lynch on 10/28/2020 (Copies mailed per distribution list).(TMC) [Transferred from Indiana Southern on 7/2/2021.]

October 17, 2020

Filing 435 RESPONSE in Opposition re #406 MOTION for Summary Judgment Against Jeff Lowe , filed by Defendant JEFFREY L. LOWE. (Attachments: #1 Exhibit Jeff Lowe Deposition)(Card, Daniel) [Transferred from Indiana Southern on 7/2/2021.]

October 14, 2020

Filing 434 ORDER granting #430 Motion to Withdraw Attorney Appearance. Attorney J. Clayton Culotta and Jennifer H. Culotta withdrawn as to WILDLIFE IN NEED AND WILDLIFE IN DEED, INC. Signed by Magistrate Judge Debra McVicker Lynch on 10/14/2020 (Copies mailed per distribution list). (TMC) [Transferred from Indiana Southern on 7/2/2021.]

October 14, 2020

Receipt of 1 Flash Drive re #433 NOTICE of Manual Filing re #432 Brief/Memorandum in Support, Exhibits 9, 10, 11, 12 and 14, filed by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. (Smith, Asher) Modified on 10/14/2020 to add exhibit numbers(TMC). (JRB) [Transferred from Indiana Southern on 7/2/2021.]

October 13, 2020

Filing 433 NOTICE of Manual Filing re #432 Brief/Memorandum in Support, Exhibits 9, 10, 11, 12 and 14, filed by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. (Smith, Asher) Modified on 10/14/2020 to add exhibit numbers(TMC). [Transferred from Indiana Southern on 7/2/2021.]

October 13, 2020

Filing 432 BRIEF/MEMORANDUM in Support re #431 MOTION FOR LEAVE TO FILE SUPPLEMENTAL EVIDENCE REGARDING KAHARI'S DEATH AND SURVIVING LIONS' MEDICAL HISTORIES IN CONJUNCTION WITH SUMMARY JUDGMENT , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Supplement Index to Exhibits, #2 Exhibit 1-7, #3 Exhibit 8, #4 Exhibit 9-18, #5 Exhibit 19-23)(Smith, Asher) [Transferred from Indiana Southern on 7/2/2021.]

October 13, 2020

Filing 431 MOTION FOR LEAVE TO FILE SUPPLEMENTAL EVIDENCE REGARDING KAHARI'S DEATH AND SURVIVING LIONS' MEDICAL HISTORIES IN CONJUNCTION WITH SUMMARY JUDGMENT, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Smith, Asher) Modified on 10/14/2020 to correct event selection (TMC). [Transferred from Indiana Southern on 7/2/2021.]

October 9, 2020

Filing 430 MOTION to Withdraw Attorney Appearance of J. Clayton Culotta & Jennifer H. Culotta, filed by Defendant WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Text of Proposed Order)(Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]

October 1, 2020

Filing 429 ORDER granting #426 Motion for Extension of Time to File Response to 10/16/2020 re #406 MOTION for Summary Judgment Against Jeff Lowe. The deadline for PETA to file a reply in support of its Motion for Summary Judgment is November 6, 2020 (See Order). Signed by Magistrate Judge Debra McVicker Lynch on 10/1/2020 (Copies mailed per distribution list). (TMC) [Transferred from Indiana Southern on 7/2/2021.]

October 1, 2020

Filing 428 ORDER denying as moot #404 MOTION FOR PROPOSED OMNIBUS TRANSFER ORDER. The court addressed all transfer issues in its September 15, 2020 ruling (Dkt. #416 ) on the plaintiff's motion for protective order. Signed by Magistrate Judge Debra McVicker Lynch on 10/1/2020 (Copies mailed per distribution list). (TMC) [Transferred from Indiana Southern on 7/2/2021.]

October 1, 2020

Filing 427 ORDER granting #375 Motion for Attorney Fees. The court AWARDS under Rule 37 attorneys' fees to PETA, and against defendant Jeffrey L. Lowe, in the amount of $2,539.05 (See Order). Signed by Magistrate Judge Debra McVicker Lynch on 10/1/2020 (Copies mailed per distribution list). (TMC) [Transferred from Indiana Southern on 7/2/2021.]

September 30, 2020

Filing 426 Amended MOTION for Extension of Time to 10/16/2020 in which to #425 Joint MOTION for Extension of Time to 10-16-2020 in which to #406 MOTION for Summary Judgment Against Jeff Lowe and for Plaintiff's Reply to Response , filed by Defendant JEFFREY L. LOWE. (Attachments: #1 Text of Proposed Order Proposed Order)(Card, Daniel) Modified on 10/1/2020 to correct event selection (TMC). [Transferred from Indiana Southern on 7/2/2021.]

September 30, 2020

Filing 425 Joint MOTION for Extension of Time to 10-16-2020 in which to #406 MOTION for Summary Judgment Against Jeff Lowe and for Plaintiff's Reply to Response, filed by Defendant JEFFREY L. LOWE. (Card, Daniel) [Transferred from Indiana Southern on 7/2/2021.]

September 25, 2020

Filing 424 ORDER granting #371 Motion to Withdraw Attorney Appearance. Attorney J. Clayton Culotta and Jennifer H. Culotta withdrawn as to MELISA D. STARK. The court directs the Clerk to update Ms. Stark's contact information on the docket as follows: 1927 Harmony Circle, Charlestown, IN 47111, phone: 812-406-6977 (See Order). Signed by Magistrate Judge Debra McVicker Lynch on 9/25/2020 (Copies mailed per distribution list). (TMC) [Transferred from Indiana Southern on 7/2/2021.]

September 22, 2020

Filing 423 CERTIFICATE of Counsel of Compliance Regarding Indiana Big Cat Transfers on Behalf of PETA, WIN, and Ms. Stark (Joint) by Asher Smith on behalf of PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. (Smith, Asher) [Transferred from Indiana Southern on 7/2/2021.]

September 22, 2020

Filing 422 CERTIFICATE of Counsel of Compliance Regarding Oklahoma Big Cat Transfers by Asher Smith on behalf of PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. (Smith, Asher) [Transferred from Indiana Southern on 7/2/2021.]

September 17, 2020

Filing 421 NOTICE OF PLAN REGARDING BIG CAT SANCTUARIES RE #416 , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. (Smith, Asher) Modified on 9/18/2020 to create entry relationship (TMC). [Transferred from Indiana Southern on 7/2/2021.]

September 16, 2020

Filing 420 NOTICE , filed by Defendant JEFFREY L. LOWE, re #417 Order. (Attachments: #1 Exhibit Kicked In Door, #2 Exhibit Necropsy, #3 Exhibit Dart Photograph) (Card, Daniel) [Transferred from Indiana Southern on 7/2/2021.]

September 16, 2020

Filing 419 NOTICE of Service of Orders, filed by Defendant WILDLIFE IN NEED AND WILDLIFE IN DEED, INC., re #418 Order. (Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]

September 15, 2020

Filing 418 ORDER Directing Counsel for WIN to Serve Orders on Timothy Stark - The court directs that counsel for defendant WIN, J. Clayton Culotta, serve on Timothy Stark, who is pro se, copies of the orders entered by the court on this date (Dkts. 413, 414, 415, 416, and 417). Service should be made by email and/or by hand delivery to assure that Mr. Stark has access to these orders promptly. Signed by Magistrate Judge Debra McVicker Lynch on 9/15/2020. Copies mailed to Tim Stark and Daniel Card on 9/16/20.(AKW) Modified to update dist. on 9/16/2020 (AKW). [Transferred from Indiana Southern on 7/2/2021.]

September 15, 2020

Filing 417 ORDER Directing Defendant Lowe to Provide Information Regarding Big Cats - To assist the court in connection with the effectuation of its Permanent Injunction and the transfer of Big Cats, the court directs defendant Jeffrey L. Lowe to (a) identify the physical location (by address and name of facility, if any) of each of the Big Cats, apparently known as Amelia, Kahari, Leo, and Nala, which were brought by Timothy Stark to Mr. Lowe in or about August 2019 and (b) identify any medical records, within his possession, custody, or control, with respect to any of these Big Cats that have not been previously produced by him to the plaintiff. The identity of the physical location of these Big Cats must be filed with the court by September 17, 2020. The identification of medical records must be provided to the plaintiff by September 17, 2020.Signed by Magistrate Judge Debra McVicker Lynch on 9/15/2020. Copies mailed to Tim Stark and Daniel Card on 9/16/20.(AKW) Modified to update dist. on 9/16/2020 (AKW). [Transferred from Indiana Southern on 7/2/2021.]

September 15, 2020

Filing 416 ORDER on Plaintiff's Motion for Protective Order #383 . Being duly advised, the court makes the following orders on the plaintiff's motion for protective order to effectuate the safe and orderly transfer of the Big Cats. SEE ORDER FOR DETAILS. Signed by Magistrate Judge Debra McVicker Lynch on 9/15/2020. Copies mailed to Tim Stark and Daniel Card on 9/16/20.(AKW) Modified to update dist. on 9/16/2020 (AKW). [Transferred from Indiana Southern on 7/2/2021.]

September 15, 2020

Filing 415 MODIFIED PERMANENT INJUNCTION - In light of the court's Entry issued today, the court now issues this modified permanent injunction. See Order for details. Signed by Judge Richard L. Young on 9/15/2020 (Copy mailed to Timothy Stark and Attorney Daniel J. Card).(LBT) [Transferred from Indiana Southern on 7/2/2021.]

September 15, 2020

Filing 414 ENTRY (1) ON PETA'S MOTION FOR APPOINTMENT OF SPECIAL MASTER AND FOR DETERMINATION OF SANCTUARIES FOR PLACEMENT OF BIG CATS, (2) CLARIFYING SCOPE OF PERMANENT INJUNCTION, AND (3) APPROVING TRANSFER OF BIG CATS - #381 Motion for Appointment of Special Master is DENIED. #382 Motion for Determination of the Sanctuaries is GRANTED. The court will modify its injunction to clarify that all of the WIN Defendants' Big Cats, as defined above, are subject to the court's injunction. The court approves Turpentine Creek Wildlife Refuge in Eureka Springs, Arkansas, and the Wild Animal Sanctuary in Keenesburg, Colorado, as relocation sanctuaries and directs that all of the WIN Defendants Big Cats be transferred to such sanctuaries in such manner directed by separate order. See Entry for details. Signed by Judge Richard L. Young on 9/15/2020 (Copy mailed to Timothy Stark and Attorney Daniel J. Card). (LBT) [Transferred from Indiana Southern on 7/2/2021.]

September 15, 2020

Filing 413 ORDER granting #412 MOTION TO SUPPLEMENT EVIDENCE. The Court may consider evidence cited in and/or attached to the Motion in conjunction with ECF Nos. #383 and #404 . Signed by Magistrate Judge Debra McVicker Lynch on 9/15/2020 (Copies mailed per distribution list). (TMC) [Transferred from Indiana Southern on 7/2/2021.]

September 14, 2020

Filing 412 MOTION TO SUPPLEMENT EVIDENCE IN SUPPORT OF #383 MOTIONS FOR ENTRY OF PROTECTIVE ORDER, #404 MOTION FOR PROPOSED OMNIBUS TRANSFER ORDER, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 - 9-14-20 Emerg. Rule to Show Cause, #2 Exhibit 2 - 9-20-20 Corresp, #3 Exhibit 3 - Broadwell Aff, #4 Exhibit 4 - 9-11-20 Emerg. Rule to Show Cause, #5 Text of Proposed Order)(Smith, Asher) Modified on 9/15/2020 to create entry relationships(TMC). [Transferred from Indiana Southern on 7/2/2021.]

September 11, 2020

Filing 411 NOTICE REGARDING LOGISTICS OF BIG CAT TRANSFERS, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. (Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

September 11, 2020

Filing 410 Witness List , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A-Witness List)(Smith, Asher) [Transferred from Indiana Southern on 7/2/2021.]

September 11, 2020

Filing 409 Exhibit List , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A-Exhibit List)(Smith, Asher) [Transferred from Indiana Southern on 7/2/2021.]

September 11, 2020

Filing 408 DECLARATION of Asher Smith re #407 Brief/Memorandum in Support by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1-Lowe 6-15 Deposition, #2 Exhibit 2- Lowe 5-27 Deposition, #3 Exhibit 3-Lowe 8-12 Deposition, #4 Exhibit 4-Lowe email, #5 Exhibit 5-Smith email, #6 Exhibit 6-Vet records, #7 Exhibit 7-Pratt Rept, #8 Exhibit 8-Conrad Rept, #9 Exhibit 9-USDA Rept, #10 Exhibit 10-Ex to Lowe Dep, #11 Exhibit 11-Complaint, #12 Exhibit 12-Grace Declaration, #13 Exhibit 13-Inspection Rept)(Smith, Asher) Modified on 9/14/2020 - created link to #406 (RSF). [Transferred from Indiana Southern on 7/2/2021.]

September 11, 2020

Filing 407 BRIEF/MEMORANDUM in Support re #406 MOTION for Summary Judgment Against Jeff Lowe , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Smith, Asher) [Transferred from Indiana Southern on 7/2/2021.]

September 11, 2020

Filing 406 MOTION for Summary Judgment Against Jeff Lowe, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Smith, Asher) [Transferred from Indiana Southern on 7/2/2021.]

September 11, 2020

Filing 405 ENTRY ON TELEPHONIC HEARING OF SEPTEMBER 10, 2020 BEFORE DEBRA MCVICKER LYNCH, MAGISTRATE JUDGE. Parties appear telephonically, plaintiffs by Brian Lewis, Paul Olszowka, Asher Smith, Caitlin Hawks, Gabe Walters and Brittany Peet (Client Representative of PETA); defendant WIN appears by Clay Culotta and Jessica Amin (Board Member for WIN), defendant Jeffrey Lowe by Daniel Card and Defendant Tim Stark appears on his own behalf for a conference set this date. Any rulings shall issue by separate order. Signed by Magistrate Judge Debra McVicker Lynch. (Copies mailed per distribution list) (AKW) [Transferred from Indiana Southern on 7/2/2021.]

September 10, 2020

Filing 404 MOTION FOR PROPOSED OMNIBUS TRANSFER ORDER, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

September 10, 2020

Filing 401 SCHEDULING ORDER: A Telephone Conference is set for 9/10/2020 at 4:00 PM (Eastern Time) before Magistrate Judge Debra McVicker Lynch. The information needed to participate in this telephonic conference will be provided by a separate notification. Signed by Debra McVicker Lynch on 9/10/2020.(TMD) [Transferred from Indiana Southern on 7/2/2021.]

September 10, 2020

Filing 400 ENTRY Directing Further Proceedings - The court has scheduled a status conference in this matter on September 10, 2020 at 4:00 p.m. eastern standard time. The parties should be prepared to discuss the upcoming transfer of the Big Cats. Specifically, the parties should be prepared to discuss the days and times when the animals can be transferred. Signed by Magistrate Judge Debra McVicker Lynch on 9/10/2020. (Copy to pro se defendants)(AKW) [Transferred from Indiana Southern on 7/2/2021.]

September 9, 2020

Filing 403 ORDER granting #395 Motion to Appear pro hac vice. Attorney Daniel J. Card for JEFFREY L. LOWE added. The court GRANTS Daniel J. Card leave to appear pro hac vice in this case on behalf of defendant Jeff Lowe, provided the $100.00 administrative fee is paid by September 18, 2020. The court FURTHER ORDERS that Daniel J. Card register as a user of the court's electronic case filing system by September 18, 2020. Failure to register could result in the revocation of his admission pro hac vice. Signed by Magistrate Judge Debra McVicker Lynch on 9/9/2020 (Copies mailed per distribution list). (TMC) [Transferred from Indiana Southern on 7/2/2021.]

September 9, 2020

Filing 399 REPLY in Support of Motion re #383 MOTION for Entry of Protective Order to Ensure Safe Transfer of the Big Cats , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 - Broadwell Affidavit)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

September 9, 2020

Filing 398 NOTICE OF LIST OF BIG CATS AND ADDITIONAL DECLAWING, re #391 filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. (Attachments: #1 Exhibit 1-Culotta correspondence) (Smith, Asher) Modified on 9/9/2020 to create entry relationship (TMC). [Transferred from Indiana Southern on 7/2/2021.]

September 8, 2020

Filing 397 NOTICE , filed by Defendants TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC., re #391 Order. (Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]

September 8, 2020

Filing 396 RESPONSE in Opposition re #383 MOTION for Entry of Protective Order to Ensure Safe Transfer of the Big Cats , filed by Defendants TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Exhibit Counsel letter 8/21/20)(Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]

September 8, 2020

Filing 395 MOTION for Attorney(s) Daniel J. Card to Appear pro hac vice (No fee paid with this filing), filed by Defendant JEFFREY L. LOWE. (Attachments: #1 Proposed Order, #2 Cover Letter, #3 Envelope)(TMC) [Transferred from Indiana Southern on 7/2/2021.]

September 8, 2020

Filing 394 REPLY in Support of Motion re #382 MOTION for Determination of Sanctuaries for Placement of Big Cats, #381 MOTION for Appointment of Special Master , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1-Craig Declaration)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

September 4, 2020

Filing 393 CERTIFICATE of Counsel of Compliance by Paul T. Olszowka on behalf of PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. (Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]

September 3, 2020

Filing 392 RESPONSE in Opposition re #382 MOTION for Determination of Sanctuaries for Placement of Big Cats, #381 MOTION for Appointment of Special Master , filed by Defendants TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Affidavit - Declaration of J. Clayton Culotta, #2 Affidavit - Declaration of Jessica Amin, #3 Affidavit - Declaration of Daniel Chambers, #4 Affidavit - Declaration of Robert Candy, #5 Affidavit - Declaration of Jessica Candy-Simmons, #6 Affidavit - Declaration of Elizabeth Kochert, #7 Affidavit - Declaration of Tim Stark)(Culotta, J.) Modified on 9/4/2020 to describe attachments (TMC). [Transferred from Indiana Southern on 7/2/2021.]

September 3, 2020

Filing 391 Order Requiring Identification of Big Cats - The court directs the parties immediately to confer to (a) identify (by name, other identifying information, and location) all Big Cats (lions, tigers, and hybrids thereof) that are within the ownership, possession, custody, or control of any of the WIN Defendants and (b) identify any medical records with respect to any of these Big Cats that have not previously been produced to the plaintiff in this litigation. PETA must provide to the WIN Defendants within two business days of the entry of this order a list of the Big Cats (and their identifying information) it believes fall within paragraph (a) above. Within two business days thereafter, the WIN Defendants must (1) advise PETA about any inaccuracies within PETA's list, (2) identify any Big Cats within their ownership, possession, custody, or control that are not contained on PETA's list, and (3) produce to PETA any medical records with respect to any of the Big Cats they have that were not previously produced to PETA in this litigation (See Order). Signed by Magistrate Judge Debra McVicker Lynch on 9/3/2020 (Copies mailed per distribution list).(TMC) [Transferred from Indiana Southern on 7/2/2021.]

September 1, 2020

Filing 390 Order on Motion for Expedited Briefing - The Court GRANTS PETA's motion for expedited briefing, dkt. #385 , as follows: The WIN Defendants shall file their responses to PETA's Motion for Appointment of a Special Master (Dkt. #381 ) and Motion for Determination of Sanctuaries (Dkt. #382 ) by Thursday, September 3, 2020. The WIN Defendants shall file their response to PETA's Motion for Entry of Protective Order (Dkt. #383 ) by Tuesday, September 8, 2020 (See Order). Signed by Magistrate Judge Debra McVicker Lynch on 9/1/2020 (Copies mailed per distribution list). (TMC) [Transferred from Indiana Southern on 7/2/2021.]

September 1, 2020

Filing 389 Order on Motion for Leave to File Supplemental Evidence - The court GRANTS the plaintiff's motion, dkt. #386 , to submit as supplemental evidence the August 28, 2020 order of the Marion Superior Court (at Dkt. 387-1) granting the State of Indiana's motion for removal of animals pending a final judgment. The court may consider this order of the Marion Superior Court in conjunction with ruling on the foregoing motions (See Order). Signed by Magistrate Judge Debra McVicker Lynch on 9/1/2020 (Copies mailed per distribution list). (TMC) [Transferred from Indiana Southern on 7/2/2021.]

August 31, 2020

Filing 388 SECOND ENTRY ON PENDING MOTIONS - As more fully explained above, Stark's Motion to Order Jeff Lowe to return the Cubs #270 is DENIED. PETA's Petition to Show Cause Why Defendants should not be Held in Contempt and Sanctioned #264 is DENIED. PETA's Motion to Strike the WIN Defendants' Counterclaims, Affirmative Defenses, and Jury Demand #299 is GRANTED. PETA's Motion to Dismiss the Counterclaims #298 is DENIED as MOOT. And PETA's Emergency Petition for Contempt and Sanctions #359 is DENIED in part as MOOT and DENIED in part WITHOUT PREJUDICE. SEE ORDER. Copy sent to parties via US Mail. Signed by Judge Richard L. Young on 8/31/2020. (JRB) Modified on 9/1/2020 to link to correct motion (LBT). [Transferred from Indiana Southern on 7/2/2021.]

August 28, 2020

Filing 387 BRIEF/MEMORANDUM in Support re #386 MOTION for Leave to File Supplemental Evidence, #385 MOTION for Expedited Briefing , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1)(Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]

August 28, 2020

Filing 386 MOTION for Leave to File Supplemental Evidence, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]

August 28, 2020

Filing 385 MOTION for Expedited Briefing, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]

August 25, 2020

Filing 384 BRIEF/MEMORANDUM in Support re #382 MOTION for Determination of Sanctuaries for Placement of Big Cats, #381 MOTION for Appointment of Special Master, #383 MOTION for Entry of Protective Order to Ensure Safe Transfer of the Big Cats , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Supplement Index to Exhibits, #2 Exhibit 1-Proposed Order, #3 Exhibit 2-Castillo Bio, #4 Exhibit 3-Craig Declaration, #5 Exhibit 4-Smith Declaration, #6 Exhibit 5-Lowe Deposition, #7 Exhibit 6-Stay Petition Dec, #8 Exhibit 7-Ltr to T. Stark, #9 Exhibit 8-Culotta email, #10 Exhibit 9-T. Stark Transcript, #11 Exhibit 10-USDA Transcript, #12 Exhibit 11-USDA Inspection, #13 Exhibit 12-Broadwell Affidavit)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

August 25, 2020

Filing 383 MOTION for Entry of Protective Order to Ensure Safe Transfer of the Big Cats, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

August 25, 2020

Filing 382 MOTION for Determination of Sanctuaries for Placement of Big Cats, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

August 25, 2020

Filing 381 MOTION for Appointment of Special Master, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

August 3, 2020

Filing 380 ENTRY ON PENDING MOTIONS - The WIN Defendants' Motion to Order Plaintiff to Give Security (Filing No. 326) and PETA's Motion to Strike the WIN Defendants' Motion to Order Plaintiff to Give Security (Filing No. 331) are DENIED as MOOT.2. Stark's Motion for a Jury Trial (Filing No. 256) is DENIED as MOOT. 3. Stark's Motion for Emergency Hearing (Filing No. 336) and PETA's Motion foran Emergency Hearing (Filing No. 337) are DENIED as MOOT. 4. Motion to Strike Response in Opposition to Motion for Partial Summary Judgment (Filing No. 367) is DENIED as MOOT. 5. PETA's Motion to Show Cause Why the WIN Defendants and Jeff Lowe should not be Held in Contempt (Filing No. 264); Stark's Motion to Order Jeff Lowe to Return the Cubs (Filing No. 270); PETA's Motion to Dismiss the WIN Defendants' Counterclaim (Filing No. 298); PETA's Motion to Strike the WIN Defendants' Amended Answer (Filing No. 299); Motion for Emergency Petition to Show Cause Why All Defendants Should not be Held in Contempt (Filing No. 359) remain UNDER ADVISEMENT. SEE ORDER. Copy sent to parties via US Mail. Signed by Judge Richard L. Young on 8/3/2020. (JRB) [Transferred from Indiana Southern on 7/2/2021.]

August 3, 2020

Filing 379 PERMANENT INJUNCTION - SEE ORDER. Signed by Judge Richard L. Young on 8/3/2020.(JRB) [Transferred from Indiana Southern on 7/2/2021.]

August 3, 2020

Filing 378 ENTRY ON CROSS-MOTIONS FOR PARTIAL SUMMARY JUDGMENT - For the reasons above, PETA's Motion for Partial Summary Judgment (Filing No. 315) is GRANTED. An order accompanying this Entry will spell out the details of the injunction. PETA's request for a hearing to consider the appointment of a special masteror guardian ad litem to identify a reputable sanctuary is DENIED. Within 30 days, PETA shall file a motion (with appropriate evidence) to appoint a special master and identify a reputable wildlife sanctuary. The WIN Defendants can respond accordingly. PETA's request for attorneys' fees and costs is DENIED WITHOUT PREJUDICE. PETA can file a motion for such expenses when there is a final judgment entered in this case, and the court will consider it then. PETA's Motion to Strike (Filing No. 367) is DENIED as MOOT. Stark's Motion for Partial Summary Judgment (Filing No. 289) is DENIED. SEE ORDER. Copy sent to parties via US Mail. Signed by Judge Richard L. Young on 8/3/2020. (JRB) [Transferred from Indiana Southern on 7/2/2021.]

July 29, 2020

Filing 377 ORDER - #374 First MOTION for Extension of Time to August 14, 2020 to Reply re #367 MOTION to Strike #349 Response in Opposition to Motion for Partial Summary Judgment is GRANTED. Defendants Response to Plaintiffs Strike Exhibits and Improper Expert Testimony shall be due on or before August 14, 2020. Plaintiffs Reply shall be due on September 3, 2020. Signed by Magistrate Judge Debra McVicker Lynch on 7/29/2020 (Copies mailed per distribution list). (TMC) [Transferred from Indiana Southern on 7/2/2021.]

July 29, 2020

Filing 376 BRIEF/MEMORANDUM in Support re #375 MOTION for Attorney Fees on PETA's Motion to Compel as to Defendant Jeff Lowe , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 - Summary of Fees, #2 Exhibit 2 - Olszowka Declaration, #3 Exhibit 3 - Smith Declaration)(Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]

July 29, 2020

Filing 375 MOTION for Attorney Fees on #343 PETA's Motion to Compel as to Defendant Jeff Lowe, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Olszowka, Paul) Modified on 7/30/2020 to create entry relationship (TMC). [Transferred from Indiana Southern on 7/2/2021.]

July 27, 2020

Filing 374 First MOTION for Extension of Time to August 14, 2020 to Reply re #367 MOTION to Strike #349 Response in Opposition to Motion for Partial Summary Judgment (Exhibits and Improper Expert Testimony) , filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC., Counter Claimants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Text of Proposed Order)(Culotta, J.) Modified on 7/29/2020 to edit text and modify event selection (TMC). [Transferred from Indiana Southern on 7/2/2021.]

July 24, 2020

Filing 373 Submission of Proposed Order , re #371 MOTION to Withdraw Attorney Appearance of J. Clayton Culotta & Jennifer H. Culotta, filed by Counter Claimants MELISA D. STARK, MELISA D. STARK, Defendant MELISA D. STARK. (Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]

July 23, 2020

Filing 372 REPLY in Support of Motion re #359 MOTION Emergency Petition to Show Cause Why All Defendants Should Not be Held in Contempt and Sanctioned , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 - 5)(Smith, Asher) [Transferred from Indiana Southern on 7/2/2021.]

July 23, 2020

Filing 371 MOTION to Withdraw Attorney Appearance of J. Clayton Culotta & Jennifer H. Culotta, filed by Counter Claimants MELISA D. STARK, MELISA D. STARK, Defendant MELISA D. STARK. (Attachments: #1 Exhibit Proof of Notice, #2 Text of Proposed Order)(Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]

July 20, 2020

Filing 370 REPLY in Support of Motion re #315 MOTION for Partial Summary Judgment , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A - Deposition of T. Stark)(Smith, Asher) [Transferred from Indiana Southern on 7/2/2021.]

July 20, 2020

Filing 369 DECLARATION of Asher Smith re #368 Brief/Memorandum in Support re #367 MOTION to Strike #349 Response in Opposition to #315 Motion for Partial Summary Judgment (Exhibits and Improper Expert Testimony) by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. (Attachments: #1 Exhibit 1 - 7)(Smith, Asher) Modified on 7/21/2020 to create entry relationship (TMC). [Transferred from Indiana Southern on 7/2/2021.]

July 20, 2020

Filing 368 BRIEF/MEMORANDUM in Support re #367 MOTION to Strike #349 Response in Opposition to #315 Motion for Partial Summary Judgment (Exhibits and Improper Expert Testimony) , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Olszowka, Paul) Modified on 7/21/2020 to create entry relationship (TMC). [Transferred from Indiana Southern on 7/2/2021.]

July 20, 2020

Filing 367 MOTION to Strike #349 Response in Opposition to #315 Motion for Partial Summary Judgment (Exhibits and Improper Expert Testimony), filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Olszowka, Paul) Modified on 7/21/2020 to create entry relationship (TMC). [Transferred from Indiana Southern on 7/2/2021.]

July 17, 2020

Filing 366 RESPONSE in Opposition re #359 MOTION Emergency Petition to Show Cause Why All Defendants Should Not be Held in Contempt and Sanctioned , filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Exhibit T. Stark decl., #2 Exhibit articles, #3 Exhibit Dr. Johnston depo. excerpts, #4 Exhibit Animal Inventory, #5 Exhibit GFAS web page)(Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]

July 13, 2020

Filing 365 ORDER - #364 First MOTION to Withdraw Attorney Appearance of J. Clayton Culotta & Jennifer H. Culotta is DENIED WITHOUT PREJUDICE. Any renewed motion must comply fully with the requirements of the Local Rules (See Order). Signed by Magistrate Judge Debra McVicker Lynch on 7/13/2020 (Copies mailed per distribution list). (TMC) [Transferred from Indiana Southern on 7/2/2021.]

July 6, 2020

Filing 364 First MOTION to Withdraw Attorney Appearance of J. Clayton Culotta & Jennifer H. Culotta, filed by Counter Claimants MELISA D. STARK, MELISA D. STARK, Defendant MELISA D. STARK. (Attachments: #1 Text of Proposed Order)(Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]

June 30, 2020

Filing 363 ORDER - #307 Joint MOTION by PETA and WIN Defendants to Amend the Case Management Plan is GRANTED. Dispositive Motions due by 9/11/2020. Discovery due by 8/14/2020 (See Order). Signed by Magistrate Judge Debra McVicker Lynch on 6/30/2020 (Copies mailed per distribution list).(TMC) [Transferred from Indiana Southern on 7/2/2021.]

June 30, 2020

Filing 362 ORDER - The court GRANTS PETA's request under Rule 37 for an award of its fees in bringing the motion to compel (dkt. #343 ). It may file its petition for fees within 30 days of the entry of this order (See Order). Signed by Magistrate Judge Debra McVicker Lynch on 6/30/2020 (Copies mailed per distribution list). (TMC) [Transferred from Indiana Southern on 7/2/2021.]

June 26, 2020

Filing 361 ORDER - #360 Motion for Extension of Time to File Reply to 7/20/2020 re #315 MOTION for Partial Summary Judgment is GRANTED. Signed by Magistrate Judge Debra McVicker Lynch on 6/26/2020 (Copies mailed per distribution list). (TMC) [Transferred from Indiana Southern on 7/2/2021.]

June 24, 2020

Filing 360 MOTION for Extension of Time to File Reply re #315 MOTION for Partial Summary Judgment, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. (Attachments: #1 Text of Proposed Order)(Olszowka, Paul) Modified on 6/26/2020 to edit text (TMC). [Transferred from Indiana Southern on 7/2/2021.]

June 18, 2020

Filing 359 MOTION Emergency Petition to Show Cause Why All Defendants Should Not be Held in Contempt and Sanctioned, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1-9)(Smith, Asher) [Transferred from Indiana Southern on 7/2/2021.]

June 16, 2020

Filing 357 NOTICE of Big Cat Birth, filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC. (Attachments: #1 Exhibit Care Documents) (Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]

June 15, 2020

Filing 358 Receipt of 1 flash drive containing Ex. 12 re #349 RESPONSE in Opposition re #315 MOTION for Partial Summary Judgment. (LBT) [Transferred from Indiana Southern on 7/2/2021.]

June 15, 2020

Filing 356 NOTICE of Manual Filing re #353 Exhibit 12 videos in Support of #349 Response in Opposition to #315 Motion for Partial Summary Judgment, filed by MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC. (Culotta, J.)[Transferred from Indiana Southern on 7/2/2021.]

June 13, 2020

Filing 355 EXHIBIT #45 in Support of #349 Response in Opposition to Motion re #315 MOTION for Partial Summary Judgment , filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]

June 12, 2020

Filing 354 EXHIBIT #31-44 in Support of #349 Response in Opposition to Motion re #315 MOTION for Partial Summary Judgment , filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC. (Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]

June 12, 2020

Filing 353 EXHIBIT #12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28 in Support of #349 Response in Opposition to Motion re #315 MOTION for Partial Summary Judgment , filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC. (Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]

June 12, 2020

Filing 352 EXHIBIT #1, 2, 4, 5, 6, 7, 8, 9, 10 and 11 in Support of #349 Response in Opposition to Motion re #315 MOTION for Partial Summary Judgment , filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC. (Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]

June 12, 2020

Filing 351 EXHIBIT #30 in Support of #349 Response in Opposition to Motion re #315 MOTION for Partial Summary Judgment , filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC. (Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]

June 12, 2020

Filing 350 EXHIBIT #29 in Support of #349 Response in Opposition to Motion re #315 MOTION for Partial Summary Judgment , filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Culotta, J.) Modified on 6/15/2020 to create entry relationship (TMC). [Transferred from Indiana Southern on 7/2/2021.]

June 12, 2020

Filing 349 RESPONSE in Opposition re #315 MOTION for Partial Summary Judgment , filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Appendix List of Exhibits, #2 Affidavit Declaration JCC)(Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]

June 8, 2020

Filing 348 REPLY in Support of Motion re #337 MOTION for Emergency Hearing for Preservation of Big Cats , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 - USDA Hearing, #2 Exhibit 1 - Haddad Report)(Smith, Asher) [Transferred from Indiana Southern on 7/2/2021.]

June 4, 2020

Filing 347 CORRECTED RESPONSE in Opposition re #337 MOTION for Emergency Hearing for Preservation of Big Cats Amended Title, filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC. **SEE DKT. 346 FOR EXHIBITS IN SUPPORT**. (Culotta, J.) Modified on 6/4/2020 (LBT). [Transferred from Indiana Southern on 7/2/2021.]

June 3, 2020

Filing 346 RESPONSE in Opposition re #337 MOTION for Emergency Hearing for Preservation of Big Cats , filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit)(Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]

June 1, 2020

Filing 345 REPLY in Support of Motion re #336 MOTION for Emergency Hearing, filed by Defendant TIMOTHY L. STARK. (Attachments: #1 Envelope)(TMC) [Transferred from Indiana Southern on 7/2/2021.]

May 29, 2020

Filing 344 BRIEF/MEMORANDUM in Support re #343 MOTION to Compel Mr. Lowe's Participation in Discovery , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 - 6)(Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]

May 29, 2020

Filing 343 MOTION to Compel Mr. Lowe's Participation in Discovery, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]

May 26, 2020

Filing 342 RESPONSE in Opposition re #336 MOTION for Emergency Hearing , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Smith, Asher) [Transferred from Indiana Southern on 7/2/2021.]

May 22, 2020

Filing 341 AGREED Order granting #340 Motion for Extension of Time to File Response and Reply re #315 MOTION for Partial Summary Judgment . Defendants Response to Plaintiffs Motion for Partial Summary Judgment shall be due on or before June 12, 2020. Plaintiffs Reply shall be due on July 3, 2020. Signed by Magistrate Judge Debra McVicker Lynch on 5/22/2020. (LBT) [Transferred from Indiana Southern on 7/2/2021.]

May 21, 2020

Filing 340 First MOTION for Extension of Time to June 12, 2020 to file joint response re #315 MOTION for Partial Summary Judgment filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC. (Attachments: #1 Text of Proposed Order)(Culotta, J.) Modified on 5/22/2020 to edit docket text(TMC). [Transferred from Indiana Southern on 7/2/2021.]

May 21, 2020

Receipt of 1 Flash Drive re: #339 NOTICE OF MANUAL FILING, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. (JRB) [Transferred from Indiana Southern on 7/2/2021.]

May 20, 2020

Filing 339 NOTICE OF MANUAL FILING, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., re #338 Brief/Memorandum in Support. (Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]

May 20, 2020

Filing 338 BRIEF/MEMORANDUM in Support re #337 MOTION for Emergency Hearing for Preservation of Big Cats , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1-9)(Smith, Asher) [Transferred from Indiana Southern on 7/2/2021.]

May 20, 2020

Filing 337 MOTION for Emergency Hearing for Preservation of Big Cats, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Smith, Asher) [Transferred from Indiana Southern on 7/2/2021.]

May 15, 2020

Filing 336 Emergency MOTION for In Person Status Conference, filed by Defendant TIMOTHY L. STARK, Counter Claimant TIMOTHY L. STARK. (TMC) [Transferred from Indiana Southern on 7/2/2021.]

May 8, 2020

Filing 335 ORDER - This Court having been advised that Plaintiff and Defendants have agreed to a briefing schedule in relation to Defendants Motion to Order Plaintiff Give Security [Dkt. #326 ] and Plaintiffs Motion to Strike Motion to Order Plaintiff Give Security [Dkt. #331 ], It is ordered that (1) Defendants Reply to Plaintiffs Response in Opposition to Defendants Joint Motion for Security and Defendants Response to Plaintiffs Motion to Strike shall both be due on or before May 15, 2020; and (2) that Plaintiffs Reply to Defendants Response in Opposition to Motion to Strike shall be filed on or before May 22, 2020. It is further ordered that Defendants Motion for Clarification of Time [Dkt. #333 ] is DENIED as moot.. Signed by Magistrate Judge Debra McVicker Lynch on 5/8/2020 (Copies mailed per distribution list). (TMC) [Transferred from Indiana Southern on 7/2/2021.]

May 7, 2020

Filing 334 Submission of Proposed Order Stipulated and Agreed, re #333 MOTION for Clarification of Time to Reply and Respond, filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]

May 6, 2020

Filing 333 MOTION for Clarification of Time to Reply and Respond re #331 Motion to Strike and #332 Brief in Opposition to(1)WIN Defendants Joint Motion for Security and (2)In Support of Motion to Strike Arguments and Evidence Regarding WIN Defendants 2018 and 2019 Revenue, filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Text of Proposed Order)(Culotta, J.) Modified on 5/7/2020 to create entry relationships and edit text (TMC). [Transferred from Indiana Southern on 7/2/2021.]

May 1, 2020

Filing 332 RESPONSE in Opposition re #326 MOTION to Order Plaintiff Give Security , and in Support of #331 Motion to Strike, #326 MOTION to Order Plaintiff Give Security filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. (Attachments: #1 Exhibit 1-5)(Smith, Asher) Modified on 5/4/2020 to edit text (TMC). [Transferred from Indiana Southern on 7/2/2021.]

May 1, 2020

Filing 331 MOTION to Strike #326 MOTION to Order Plaintiff Give Security , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Smith, Asher) Modified on 5/12/2020 to reopen (TMC). [Transferred from Indiana Southern on 7/2/2021.]

May 1, 2020

Filing 330 DECLARATION of Scott Ehley in Support of #264 PETITION TO SHOW CAUSE, filed by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., WILDLIFE IN NEED AND WILDLIFE IN DEED, INC. (TMC) [Transferred from Indiana Southern on 7/2/2021.]

May 1, 2020

Filing 329 DECLARATION of Darlene Ehley in Support of #264 PETITION TO SHOW CAUSE, filed by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., WILDLIFE IN NEED AND WILDLIFE IN DEED, INC. (TMC) [Transferred from Indiana Southern on 7/2/2021.]

May 1, 2020

Filing 328 ORDER - #313 MOTION For Leave to File Supplemental Evidence in Further Support of Its Petition to Show Cause, (dkt. #264 ) is GRANTED. The Court directs the Clerk to docket the declarations at Dkts. at 314-1 and 314-2.. Signed by Magistrate Judge Debra McVicker Lynch on 5/1/2020 (Copies mailed per distribution list). (TMC) [Transferred from Indiana Southern on 7/2/2021.]

April 28, 2020

Filing 327 BRIEF/MEMORANDUM in Support re #326 MOTION to Order Plaintiff Give Security , filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]

April 28, 2020

Filing 326 MOTION to Order Plaintiff Give Security, filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Text of Proposed Order)(Culotta, J.) Modified on 5/12/2020 to reopen (TMC). [Transferred from Indiana Southern on 7/2/2021.]

April 27, 2020

Filing 325 NOTICE REGARDING DEFENDANT TIM STARK'S RIGHT TO RESPOND TO AND SUBMIT EVIDENCE IN OPPOSITION TO MOTION FOR SUMMARY JUDGMENT, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., re #315 MOTION for Partial Summary Judgment . (Attachments: #1 Exhibit 1 and 2) (Smith, Asher) [Transferred from Indiana Southern on 7/2/2021.]

April 27, 2020

Filing 324 DECLARATION OF TIM CLARK re #316 Brief/Memorandum in Support by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]

April 27, 2020

Filing 323 DECLARATION OF SCOTT EHLEY re #316 Brief/Memorandum in Support by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]

April 27, 2020

Filing 322 DECLARATION OF LAUREN CROOKS re #316 Brief/Memorandum in Support by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]

April 27, 2020

Filing 321 DECLARATION OF KIRA BURRIS re #316 Brief/Memorandum in Support by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]

April 27, 2020

Filing 320 DECLARATION OF DARLENE EHLEY re #316 Brief/Memorandum in Support by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]

April 27, 2020

Filing 319 DECLARATION OF ASHLEY MURPHY re #316 Brief/Memorandum in Support by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]

April 27, 2020

Receipt of 1 Flash Drive re: #318 NOTICE OF MANUAL FILING, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., re #317 Declaration. ( (JRB) [Transferred from Indiana Southern on 7/2/2021.]

April 24, 2020

Filing 318 NOTICE OF MANUAL FILING, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., re #317 Declaration. (Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]

April 24, 2020

Filing 317 DECLARATION of Asher Smith re #316 Brief/Memorandum in Support by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 - 23, #2 Exhibit 24 - 43, #3 Exhibit 44 - 50, #4 Exhibit 51 - 64)(Smith, Asher) [Transferred from Indiana Southern on 7/2/2021.]

April 24, 2020

Filing 316 BRIEF/MEMORANDUM in Support re #315 MOTION for Partial Summary Judgment , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 - Index to Materials in Declaration)(Smith, Asher) [Transferred from Indiana Southern on 7/2/2021.]

April 24, 2020

Filing 315 MOTION for Partial Summary Judgment , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Smith, Asher) [Transferred from Indiana Southern on 7/2/2021.]

April 14, 2020

Filing 314 BRIEF/MEMORANDUM in Support re #313 MOTION For Leave to File Supplemental Evidence in Further Support of Its Petition to Show Cause, #264 MOTION PETITION TO SHOW CAUSE WHY DEFENDANTS AND JEFF LOWE SHOULD NOT BE HELD IN CONTEMPT AND SANCTIONED , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 - D. Ehley Dec, #2 Exhibit 2 - S. Ehley Dec)(Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]

April 14, 2020

Filing 313 MOTION For Leave to File Supplemental Evidence in Further Support of Its Petition to Show Cause, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]

April 8, 2020

Filing 312 REPLY in Support re #298 MOTION to Dismiss WIN Defendants' Counterclaims, #299 MOTION to Strike #294 Amended Answer to Complaint Counterclaim , Affirmative Defenses and Demand for Trial by Jury , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Olszowka, Paul) Modified on 4/9/2020 to edit text (TMC). [Transferred from Indiana Southern on 7/2/2021.]

April 2, 2020

Filing 311 EXHIBIT in Support of #310 Response in Opposition to Motion re #299 MOTION to Strike #294 Amended Answer to Complaint Counterclaim , Affirmative Defenses and Demand for Trial by Jury , filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC., Counter Claimants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Exhibit, #2 Exhibit)(Culotta, J.) Modified on 4/3/2020 to create entry relationship (TMC). [Transferred from Indiana Southern on 7/2/2021.]

April 1, 2020

Filing 310 RESPONSE in Opposition re #299 MOTION to Strike #294 Amended Answer to ComplaintCounterclaim , Affirmative Defenses and Demand for Trial by Jury , filed by Counter Claimants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC., Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]

March 25, 2020

Filing 309 ORDER granting #308 Motion for Extension of Time to File Response to 4/1/2020 re #299 MOTION to Strike #294 Amended Answer to Complaint Counterclaim , Affirmative Defenses and Demand for Trial by Jury, #298 MOTION to Dismiss WIN Defendants' Counterclaims. Signed by Magistrate Judge Debra McVicker Lynch on 3/25/2020 (Copies mailed per distribution list). (TMC) [Transferred from Indiana Southern on 7/2/2021.]

March 24, 2020

Filing 308 First MOTION for Extension of Time to File Response to April 1, 2020 re #298 MOTION to Dismiss WIN Defendants' Counterclaims, and #299 MOTION to Strike #294 Amended Answer to Complaint Counterclaim , Affirmative Defenses and Demand for Trial by Jury , filed by Counter Claimants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC., Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC. (Attachments: #1 Text of Proposed Order)(Culotta, J.) Modified on 3/25/2020 to correct docket text (TMC). [Transferred from Indiana Southern on 7/2/2021.]

March 23, 2020

Filing 307 Joint MOTION by PETA and WIN Defendants to Amend the Case Management Plan, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

March 10, 2020

Filing 306 ORDER - PETAs motion to compel payment (Dkt. #278 ) is GRANTED IN PART AND DENIED IN PART. The defendants must pay the veterinarian payment and make monthly $500 payments (See Order). Signed by Magistrate Judge Debra McVicker Lynch on 3/10/2020 (Copies mailed per distribution list). (TMC) [Transferred from Indiana Southern on 7/2/2021.]

March 10, 2020

Filing 305 ORDER Requiring Report on Scheduling - The court therefore ORDERS the parties to confer and to propose a schedule for discovery, experts, witness/exhibit lists, and dispositive motions related to the claims involving Mr. Lowe. The parties proposed schedule (either jointly or separately, if they cannot agree) must be filed by 3/27/2020 (See Order). Signed by Magistrate Judge Debra McVicker Lynch on 3/10/2020 (Copy mailed per distribution list).(TMC) [Transferred from Indiana Southern on 7/2/2021.]

March 10, 2020

Filing 304 ORDER - The defendants motion to suspend case management deadlines (Dkt. #286 ) is GRANTED IN PART AND DENIED IN PART as provided in this order. The court DECLINES to suspend all deadlines, but it will provide the defendants with one last opportunity to make their expert disclosures. The expert disclosure deadline for WIN, Mr. Stark, and Ms. Stark is extended to 4/21/2020. This deadline will not be extended absent extraordinary circumstances that could not reasonably be anticipated (See Order). Signed by Magistrate Judge Debra McVicker Lynch on 3/10/2020 (Copies mailed per distribution list). (TMC) [Transferred from Indiana Southern on 7/2/2021.]

March 10, 2020

Filing 303 ORDER - The court GRANTS PETAs motion (Dkt. #276 ) in that it reiterates the necessity for the defendants to comply with the courts orders regarding the veterinarian examinations and protocol. The court DENIES PETAs request for fees in connection with filing its motion; the motion was unnecessarily duplicative of issues already before the court (See Order). Signed by Magistrate Judge Debra McVicker Lynch on 3/10/2020 (Copies mailed per distribution list). (TMC) [Transferred from Indiana Southern on 7/2/2021.]

March 10, 2020

Filing 302 ORDER - The court DENIES Mr. Starks motion (Dkt. #271 ) for reconsideration. The parties are ORDERED to cooperate to schedule the veterinarian inspections as previously ordered. The defendants, jointly and severally, are ORDERED promptly to make the $2,160.00 payment to PETA. See Dkt. #266 at p. 3 (See Order). Signed by Magistrate Judge Debra McVicker Lynch on 3/10/2020 (Copies mailed per distribution list). (TMC) [Transferred from Indiana Southern on 7/2/2021.]

March 4, 2020

Filing 301 DECLARATION of Paul Olszowka in Support re #298 MOTION to Dismiss WIN Defendants' Counterclaims and #299 MOTION to Strike 294 Counterclaim by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. (Attachments: #1 Exhibit 1 - Redlined Complaints, #2 Exhibit 2 - Decision and Order AWA, #3 Exhibit 3 - Article, #4 Exhibit 4 - Preliminary Injunction, #5 Exhibit 5 - AG Complaint)(Olszowka, Paul) Modified on 3/5/2020 to create entry relationships and edit text (TMC). [Transferred from Indiana Southern on 7/2/2021.]

March 4, 2020

Filing 300 BRIEF/MEMORANDUM in Support re #298 MOTION to Dismiss WIN Defendants' Counterclaims, #299 MOTION to Strike #294 Counterclaim , Affirmative Defenses and Demand for Trial by Jury , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. (Olszowka, Paul) Modified on 3/5/2020 to edit text (TMC). [Transferred from Indiana Southern on 7/2/2021.]

March 4, 2020

Filing 299 MOTION to Strike #294 Counterclaim , Affirmative Defenses and Demand for Trial by Jury, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Olszowka, Paul) Modified on 3/5/2020 to edit text (TMC). [Transferred from Indiana Southern on 7/2/2021.]

March 4, 2020

Filing 298 MOTION to Dismiss WIN Defendants' Counterclaims, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]

February 26, 2020

Filing 297 REPLY in Support of Motion re #289 MOTION for Partial Summary Judgment, filed by Defendant TIMOTHY L. STARK. (Attachments: #1 Text of Proposed Order)(LBT) [Transferred from Indiana Southern on 7/2/2021.]

February 25, 2020

Filing 296 Defendant Jeffrey Lowe's ANSWER, filed by Defendant JEFFREY L. LOWE. (Attachments: #1 Envelope) (CKM) [Transferred from Indiana Southern on 7/2/2021.]

February 21, 2020

Filing 295 CERTIFICATE OF SERVICE by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. re #285 Amended Complaint Service of Summons on Jeffrey L. Lowe (Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

February 19, 2020

Filing 294 AMENDED ANSWER to #285 Amended Complaint , COUNTERCLAIM against All Plaintiffs, filed by Defendants MELISA STARK, TIMOTHY L. STARK and WILDLIFE IN NEED AND WILDLIFE IN DEED, INC. (Culotta, J.) Modified on 2/20/2020 to correct filer (LBT). [Transferred from Indiana Southern on 7/2/2021.]

February 12, 2020

Filing 293 RESPONSE in Opposition re #289 MOTION for Partial Summary Judgment , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]

February 10, 2020

Filing 292 REPLY in Support of Motion re #286 First MOTION To Suspend Case Management Order , filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]

February 4, 2020

Filing 291 Designation of Evidence re #289 MOTION for Partial Summary Judgment, filed by Defendant TIMOTHY L. STARK. (TMC) [Transferred from Indiana Southern on 7/2/2021.]

February 4, 2020

Filing 290 BRIEF in Support re #289 MOTION for Partial Summary Judgment, filed by Counter Claimant TIMOTHY L. STARK, Defendant TIMOTHY L. STARK. (TMC) [Transferred from Indiana Southern on 7/2/2021.]

February 4, 2020

Filing 289 MOTION for Partial Summary Judgment, filed by Defendant TIMOTHY L. STARK. (TMC) [Transferred from Indiana Southern on 7/2/2021.]

January 31, 2020

Filing 288 RESPONSE in Opposition re #286 First MOTION To Suspend Case Management Order , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 - 1-29-20 Culotta email)(Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]

January 30, 2020

Filing 287 Summons Issued by Clerk as to JEFF LOWE. (TMC) [Transferred from Indiana Southern on 7/2/2021.]

January 29, 2020

Filing 286 First MOTION To Suspend Case Management Order, filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Text of Proposed Order)(Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]

January 29, 2020

Filing 285 AMENDED COMPLAINT FOR INJUNCTIVE AND OTHER RELIEF against JEFF LOWE, filed by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A - Letter of Intent to Stark, #2 Exhibit B - Letter of Intent to Lowe, #3 Proposed Summons)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

January 17, 2020

Filing 284 ENTRY ON MOTION FOR LEAVE TO JOIN JEFF LOWE AS A REQUIRED DEFENDANT AND MOTION TO JOIN JEFF LOWE AS A REQUIRED DEFENDANT - #241 Motion for Leave to Seek to Join Jeff Lowe as Required Defendant is GRANTED. #242 Motion to Join Jeff Lowe as a Required Defendant is GRANTED. PETA shall send a copy of thisorder as well as the clarification order (Filing No. 239) to Mr. Lowe via certified mail along with all other appropriate documentation. See Entry for details. Signed by Judge Richard L. Young on 1/17/2020 (Copy mailed to Jeffrey Lowe). (LBT) [Transferred from Indiana Southern on 7/2/2021.]

January 9, 2020

Filing 283 REPLY in Support of Motion re #278 MOTION to Compel Payment , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

January 2, 2020

Filing 282 RESPONSE in Opposition re #278 MOTION to Compel Payment , filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Exhibit Letter, #2 Exhibit Email)(Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]

January 2, 2020

Filing 281 REPLY in Support of Motion re #276 MOTION TO ALLOW ORDERED VETERINARY EXAMINATION , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

December 26, 2019

Filing 280 RESPONSE in Opposition (Tim Stark's Reply Brief) re #276 MOTION TO ALLOW ORDERED VETERINARY EXAMINATION, filed by Defendants MELISA D. STARK, TIMOTHY L. STARK. (TMC) [Transferred from Indiana Southern on 7/2/2021.]

December 26, 2019

Filing 279 RESPONSE in Opposition re #276 MOTION TO ALLOW ORDERED VETERINARY EXAMINATION , filed by Defendants MELISA D. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Exhibit Divorce Decree, #2 Exhibit Declaration, #3 Exhibit Deposition testimony)(Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]

December 19, 2019

Filing 278 MOTION to Compel Payment, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A: 6-28-19 Culotta email, #2 Exhibit B: 7-17-19 Culotta email, #3 Exhibit C: 10-18-19 Smith ltr, #4 Exhibit D: 10-23-19 Culotta email, #5 Exhibit E: 11-22-19 Smith email, #6 Exhibit F: 12-9-19 Culotta email, #7 Exhibit G: 12-10-19 Smith email, #8 Text of Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

December 11, 2019

Filing 277 BRIEF/MEMORANDUM in Support re #276 MOTION TO ALLOW ORDERED VETERINARY EXAMINATION , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A 10-23-19 Colutta email, #2 Exhibit B 11-22-19 Smith email, #3 Exhibit C 12-2-19 Culotta email, #4 Exhibit D 12-9-19 Culotta email)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

December 11, 2019

Filing 276 MOTION TO ALLOW ORDERED VETERINARY EXAMINATION, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

November 21, 2019

Filing 275 NOTICE of FILING of OFFICIAL TRANSCRIPT of Telephonic Status Conference held before Magistrate Judge Debra McVicker Lynch on 9-4-19 (Franzen, Jodie) [Transferred from Indiana Southern on 7/2/2021.]

November 21, 2019

Filing 274 TRANSCRIPT of Telephonic Status Conference held on 9-4-19 before Magistrate Judge Debra McVicker Lynch. (17 pages.) Court Reporter/Transcriber: Jodie Franzen (Telephone: (317) 289-4946). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 12/12/2019. Release of Transcript Restriction set for 2/19/2020. (Franzen, Jodie) Released on 2/19/2020 (SWM). [Transferred from Indiana Southern on 7/2/2021.]

November 6, 2019

Filing 273 RESPONSE in Opposition re #271 MOTION for Reconsideration re #268 Order on MotionStatus ConferenceTerminate Hearings, #193 Order on Motion for Sanctions, #126 Brief/Memorandum in Support , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]

November 1, 2019

Filing 272 RESPONSE in Opposition re #270 MOTION TO ORDER JEFF LOWE RETURN FOUR LION CUBS, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]

October 30, 2019

Filing 271 MOTION for Reconsideration re #266 Order Selecting Veterinarian and Protocol for Examinations; to deny in part BRIEF/MEMORANDUM in Support re #125 MOTION for Sanctions and Other Relief Regarding Defendants' Removal of Cub in Violation of the Preliminary Injunction Order; and modify re #193 ORDER granting PETA's #125 Motion for Sanctions, filed by Defendant TIMOTHY L. STARK. (TMC) [Transferred from Indiana Southern on 7/2/2021.]

October 30, 2019

Filing 270 MOTION to Order Jeff Lowe Return Four Lion Cubs, filed by Defendant TIMOTHY L. STARK. (Attachments: #1 Text of Proposed Order, #2 Exhibit)(TMC) [Transferred from Indiana Southern on 7/2/2021.]

October 29, 2019

Filing 269 SCHEDULING ORDER - The Case Management Plan, ECF No. #116 and as amended and stayed by ECF Nos. #119 , #192 and #227 , is reinstated and amended per this Order. Dispositive Motions due by 4/17/2020. The Court will take under advisement PETA's request for a trial date of 8/3/2020 to 8/7/2020, or beginning after 9/21/2020 (See Order). Signed by Judge Richard L. Young on 10/29/2019 (Copy mailed per distribution list).(TMC) [Transferred from Indiana Southern on 7/2/2021.]

October 29, 2019

Filing 268 MINUTE ORDER for telephonic status conference held 10/07/19 before Judge Richard L. Young. Parties appear telephonically, plaintiff by Paul Olszowka, Asher Smith and Gabriel Walters; Defendants Wildlife in Need and Melisa Stark by J. Clayton Culotta and defendant Timothy Stark, pro se. The plaintiff's Motion #244 to Reset Trial Date and Motion #243 to Reopen Discovery and Motion #257 to Reinstate and Amend the Case Management Plan is GRANTED. The final pretrial conference setting of 10/10/19 and trial setting of 10/21/19 are VACATED and will be reset following the approval of a joint proposed schedule. (TMD) [Transferred from Indiana Southern on 7/2/2021.]

October 21, 2019

Filing 267 RESPONSE to #264 Plaintiff's Petition to Show Cause, filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Culotta, J.) Modified on 10/22/2019 to create document relationship(TMC). [Transferred from Indiana Southern on 7/2/2021.]

October 15, 2019

Filing 266 Order Selecting Veterinarian and Protocol for Examinations - The court selects Dr. Haddad as the veterinarian to conduct examinations ordered by the court in its contempt/sanctions order. The protocol at Dkt. [195-3] is approved, except that paragraphs 3 and 12 are amended as provided in this order (i.e., the paragraph 3 deadline is 11/11/2019, and the paragraph 12 amount is $2,160.00). The parties must cooperate on scheduling the examinations (See Order). Signed by Magistrate Judge Debra McVicker Lynch on 10/15/2019.(TMC) [Transferred from Indiana Southern on 7/2/2021.]

October 10, 2019

Filing 265 DECLARATION of Paul Olszowka re #264 Motion (Other) by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 - 7-26-19 Ltr to Lowe, #2 Exhibit 2 - 7-25-19 Facebook post, #3 Exhibit 3 - 9-8-19 Facebook post, #4 Exhibit 4 - 10-1-19 Facebook post)(Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]

October 10, 2019

Filing 264 MOTION PETITION TO SHOW CAUSE WHY DEFENDANTS AND JEFF LOWE SHOULD NOT BE HELD IN CONTEMPT AND SANCTIONED, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]

October 2, 2019

Filing 262 SCHEDULING ORDER:A Telephonic Conference is set for 10/7/2019 at 11:30 AM (Eastern Time) before Judge Richard L. Young. The information needed to participate in this telephonic conference will be provided by a separate notification. Signed by Judge Richard L. Young on 10/2/2019.(TMD) [Transferred from Indiana Southern on 7/2/2021.]

October 2, 2019

Filing 261 ORDER - #198 PETA's Petition for Fees on PETA's Motion for Sanctions is GRANTED. The court AWARDS attorneys' fees to PETA, and against the defendants jointly and severally, in the amount of $7,620.60 (See Order). Signed by Magistrate Judge Debra McVicker Lynch on 10/2/2019 (Copy mailed to Timothy Stark). (TMC) [Transferred from Indiana Southern on 7/2/2021.]

September 13, 2019

Filing 260 NOTICE, filed by Defendant TIMOTHY L. STARK (LBT) [Transferred from Indiana Southern on 7/2/2021.]

September 13, 2019

Filing 259 RESPONSE /Brief in opposition to defendant Stark's Jury Demand, re #1 Complaint, filed by Counter Defendant PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit Exhibit A)(Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]

September 6, 2019

Filing 258 Entry and Order from Status Conference - The parties, by counsel, appeared for a status conference on September 4, 2019, with the magistrate judge. The parties shall confer and file a proposed schedule to address the remaining deadlines. Signed by Magistrate Judge Debra McVicker Lynch. (JLS) [Transferred from Indiana Southern on 7/2/2021.]

September 6, 2019

Filing 257 MOTION TO REINSTATE AND AMEND THE CASE MANAGEMENT PLAN, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A - P. Olszowka email, #2 Text of Proposed Order Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

September 3, 2019

Filing 256 PRO SE DEFENDANT TIM STARK'S MOTION FOR JURY ON ALL EVIDENTIARY ISSUES, filed by Defendant TIMOTHY L. STARK. (TMC) [Transferred from Indiana Southern on 7/2/2021.]

August 29, 2019

Filing 255 REPLY in Support of Motion re #241 MOTION FOR LEAVE TO SEEK TO JOIN JEFF LOWE AS A REQUIRED DEFENDANT, #242 MOTION TO JOIN JEFF LOWE AS A REQUIRED DEFENDANT, #244 MOTION TO RESET TRIAL DATE, #243 MOTION TO REOPEN DISCOVERY , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

August 29, 2019

Filing 254 SCHEDULING ORDER: Telephonic Status Conference set for 9/4/2019 at 11:00 AM (Eastern Time) before Magistrate Judge Debra McVicker Lynch. Theparties shall attend the conference by calling 1-877-402-9753, Access Code 4693226. Signed by Magistrate Judge Debra McVicker Lynch on 8/28/2019 (copy mailed to Timothy L. Stark).(LBT) [Transferred from Indiana Southern on 7/2/2021.]

August 27, 2019

Filing 251 RESPONSE in Opposition re #244 MOTION TO RESET TRIAL DATE, #241 MOTION FOR LEAVE TO SEEK TO JOIN JEFF LOWE AS A REQUIRED DEFENDANT, #242 MOTION TO JOIN JEFF LOWE AS A REQUIRED DEFENDANT, #243 MOTION TO REOPEN DISCOVERY , filed by Defendants MELISA D. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]

August 27, 2019

Filing 247 ORDER granting #246 Motion for Extension of Time to 8/27/2019 for Defendant's Wildlife in Need and Wildlife in Deed, Inc. and Melisa Stark to File Response re #244 MOTION TO RESET TRIAL DATE, #241 MOTION FOR LEAVE TO SEEK TO JOIN JEFF LOWE AS A REQUIRED DEFENDANT, #242 MOTION TO JOIN JEFF LOWE AS A REQUIRED DEFENDANT, #243 MOTION TO REOPEN DISCOVERY. Signed by Magistrate Judge Debra McVicker Lynch on 8/26/2019 (copy mailed to Timothy L. Stark). (LBT) [Transferred from Indiana Southern on 7/2/2021.]

August 26, 2019

Filing 253 BRIEF/MEMORANDUM in Support of Responses in Opposition to Motions re #241 MOTION FOR LEAVE TO SEEK TO JOIN JEFF LOWE AS A REQUIRED DEFENDANT, #242 MOTION TO JOIN JEFF LOWE AS A REQUIRED DEFENDANT, #244 MOTION TO RESET TRIAL DATE, #243 MOTION TO REOPEN DISCOVERY, filed by Defendant TIMOTHY L. STARK. (Attachments: #1 Exhibit A, #2 Exhibit B)(LBT) [Transferred from Indiana Southern on 7/2/2021.]

August 26, 2019

Filing 252 RESPONSE in Opposition re #244 MOTION TO RESET TRIAL DATE, filed by Defendant TIMOTHY L. STARK. (LBT) [Transferred from Indiana Southern on 7/2/2021.]

August 26, 2019

Filing 250 RESPONSE in Opposition re #243 MOTION TO REOPEN DISCOVERY, filed by Defendant TIMOTHY L. STARK. (LBT) [Transferred from Indiana Southern on 7/2/2021.]

August 26, 2019

Filing 249 RESPONSE in Opposition re #242 MOTION TO JOIN JEFF LOWE AS A REQUIRED DEFENDANT, filed by Defendant TIMOTHY L. STARK. (LBT) [Transferred from Indiana Southern on 7/2/2021.]

August 26, 2019

Filing 248 RESPONSE in Opposition re #241 MOTION FOR LEAVE TO SEEK TO JOIN JEFF LOWE AS A REQUIRED DEFENDANT, filed by Defendant TIMOTHY L. STARK. (LBT) [Transferred from Indiana Southern on 7/2/2021.]

August 23, 2019

Filing 246 First MOTION for Extension of Time to File Response to August 27, 2019 re #241 MOTION FOR LEAVE TO SEEK TO JOIN JEFF LOWE AS A REQUIRED DEFENDANT, #242 MOTION TO JOIN JEFF LOWE AS A REQUIRED DEFENDANT, #244 MOTION TO RESET TRIAL DATE, #243 MOTION TO REOPEN DISCOVERY , filed by Defendants MELISA D. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Text of Proposed Order)(Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]

August 12, 2019

Filing 245 BRIEF/MEMORANDUM in Support re #241 MOTION FOR LEAVE TO SEEK TO JOIN JEFF LOWE AS A REQUIRED DEFENDANT, #242 MOTION TO JOIN JEFF LOWE AS A REQUIRED DEFENDANT, #244 MOTION TO RESET TRIAL DATE, #243 MOTION TO REOPEN DISCOVERY , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A - Email fr. T. Stark, #2 Exhibit B - Ltr fr B. Lewis, #3 Exhibit C - Email fr J. Lowe, #4 Exhibit D - Amend Verified Complaint)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

August 12, 2019

Filing 244 MOTION TO RESET TRIAL DATE, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

August 12, 2019

Filing 243 MOTION TO REOPEN DISCOVERY, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

August 12, 2019

Filing 242 MOTION TO JOIN JEFF LOWE AS A REQUIRED DEFENDANT, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

August 12, 2019

Filing 241 MOTION FOR LEAVE TO SEEK TO JOIN JEFF LOWE AS A REQUIRED DEFENDANT, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Lewis, Brian) Modified on 8/13/2019 to change event (TMC). [Transferred from Indiana Southern on 7/2/2021.]

August 1, 2019

Filing 240 ORDER REFERRING MOTION: #198 filed by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. Signed by Judge Richard L. Young on 8/1/2019. Motions referred to Debra McVicker Lynch.(JRB) [Transferred from Indiana Southern on 7/2/2021.]

July 25, 2019

Filing 239 ORDER granting #201 PETA's Motion to Clarify the Preliminary Injunction and Preservation Orders; granting in part #216 PETA's Motion for Emergency Preservation Order; denying #218 PETA's Motion for Sanctions; denying #219 PETA's Motion for Contempt; denying #220 PETA's Motion for Order Regarding Ownership of Big Cats; denying #221 PETA's Motion for Order to Show Cause; and granting #235 PETA's Motion to Supplement the Record. Defendants and Mr. Lowe are ORDERED to abide by the court's preliminary injunction and Preservation Order. Among other commands in those orders, Defendants and Mr. Lowe shall preserve the Big Cats in this litigation and shall not transfer, relocate, sell, or remove the Big Cats from WIN's facility absent court approval. PETA is ORDERED to send a copy of this order to Jeff Lowe via certified mail. Signed by Judge Richard L. Young on 7/25/2019. (TMD) [Transferred from Indiana Southern on 7/2/2021.]

June 12, 2019

Filing 238 DECLARATION OF PAUL OLSZOWKA re #237 Reply in Support of Motion, #235 Motion (Other), #236 Brief/Memorandum in Support by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 - Email from C. Culotta, #2 Exhibit 2 - 18 pages of texts, #3 Exhibit 3 - 1 page text, #4 Exhibit 4 - 11 pages of texts, #5 Exhibit 5 - 11 pages of texts, #6 Exhibit 6 - M Stark dep excerpts, #7 Exhibit 7 - J Finlay dep excerpts)(Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]

June 12, 2019

Filing 237 REPLY in Support of Motion re #220 MOTION FOR ORDER REGARDING OWNERSHIP OF BIG CATS, #221 MOTION FOR ORDER TO SHOW CAUSE REGARDING JEFF LOWE, #219 MOTION FOR CONTEMPT, #218 MOTION for Sanctions , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]

June 12, 2019

Filing 236 BRIEF/MEMORANDUM in Support re #235 MOTION TO SUPPLEMENT EVIDENCE IN FURTHER SUPPORT OF ITS MOTIONS FOR SANCTIONS, CONTEMPT, ORDERS TO SHOW CAUSE, AND REGARDING OWNERSHIP OF BIG CATS , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]

June 12, 2019

Filing 235 MOTION TO SUPPLEMENT EVIDENCE IN FURTHER SUPPORT OF ITS MOTIONS FOR SANCTIONS, CONTEMPT, ORDERS TO SHOW CAUSE, AND REGARDING OWNERSHIP OF BIG CATS, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]

June 10, 2019

Filing 234 Reply to #230 Plaintiff's Response to #228 Defendants' Joint Recommendation of Veterinarian, filed by Defendants MELISA D. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC. (Attachments: #1 Exhibit Email messages, #2 Exhibit USDA webpage, #3 Exhibit Terranova case, #4 Exhibit Haddad CV, #5 Exhibit Cook testimony)(Culotta, J.) Modified on 6/11/2019 to create link to related document (LBT). [Transferred from Indiana Southern on 7/2/2021.]

June 5, 2019

Filing 233 DECLARATION of James Clayton Culotta re #232 Response in Opposition to Motion by All Defendants. (Attachments: #1 Exhibit T. Stark USDA license, #2 Exhibit WIN web page, #3 Exhibit Transfer Documents, #4 Exhibit Lowe letter to Lewis, #5 Exhibit PETA web page, #6 Exhibit Lewis letter to Culotta & Stark, #7 Exhibit USDA web page, #8 Exhibit Terranova case, #9 Exhibit Pelphrey Judgment, #10 Exhibit PETA web pages, #11 Exhibit Lowe email, #12 Exhibit WAS web page, #13 Exhibit T Stark email Lewis, #14 Exhibit M Stark depo excerpts, #15 Exhibit OK Sec. of State web page)(Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]

June 5, 2019

Filing 232 RESPONSE in Opposition re #220 MOTION FOR ORDER REGARDING OWNERSHIP OF BIG CATS, #219 MOTION FOR CONTEMPT, #221 MOTION FOR ORDER TO SHOW CAUSE REGARDING JEFF LOWE, #218 MOTION for Sanctions , filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]

June 5, 2019

Filing 231 REPLY in Support of Motion re #216 Emergency MOTION FOR PRESERVATION ORDER , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

June 3, 2019

Filing 230 RESPONSE TO DEFENDANTS' JOINT RECOMMENDATION OF VETERINARIAN, re #228 Submission, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A - 5-31-19 email, #2 Exhibit B - 10-3-18 USDA Hearing, #3 Exhibit C - Animal Record--MedRec 5, #4 Exhibit D - Animal Record--MedRec 9, #5 Exhibit E - Treatment Log, #6 Exhibit F - 9-27-18 USDA Hearing)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

May 31, 2019

Filing 229 RESPONSE in Opposition re #216 Emergency MOTION FOR PRESERVATION ORDER , filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Exhibit Transfer Documents, #2 Exhibit Lewis letter to Lowe, #3 Exhibit Lowe letter to Lewis)(Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]

May 31, 2019

Filing 228 Submission of Recommended Veterinarian, filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Exhibit Cook proof of license, #2 Exhibit USDA webpage, #3 Exhibit Adm. Proceeding Order, #4 Text of Proposed Order)(Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]

May 23, 2019

Filing 227 Entry on Status Conference, Order on Emergency Motion to Suspend CMP Deadlines, and Order Establishing Briefing Schedule on Pending Motions - The parties appeared by telephone before the magistrate judge on May 23, 2019. The court made the following orders: 1. The court GRANTS PETA's emergency motion (Dkt. #209 ) to suspend the case management plan insofar as it ORDERS that all remaining case management deadlines are STAYED pending further order of the court and to allow briefing and decision on the pending motions at Dkts. 201, 216, and 218-221. At the lifting of the stay, the court also will address the length of time that discovery will be re-opened. 2. The briefing schedule on PETA's emergency motion for preservation order (Dkt. 216) is HEREBY SHORTENED. Any defendant who wishes to file a response to the motion must file the response by Friday, May 31, 2019. 3. The briefing on PETA's motions at Dkts. 218-221 (i.e., motion for sanctions, motion for contempt, motion for order regarding ownership of Big Cats, and motion for order to show cause regarding Jeff Lowe) shall proceed as provided by Local Rule 7-1--responses are due within 14 days of service and any reply briefs are due within 7 days of service of responses. **See Order** Signed by Magistrate Judge Debra McVicker Lynch. Copy to defendant via U.S. Mail. (JLS) Modified on 5/28/2019 (JLS). [Transferred from Indiana Southern on 7/2/2021.]

May 23, 2019

Filing 226 ORDER granting #196 Motion for Attorneys' Fees. The court AWARDS under Rule 37 attorneys' fees to PETA, and against the defendants jointly and severally, in the amount of $12,454.20. See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 5/23/2019 (copy mailed to Timothy Stark). (LBT) [Transferred from Indiana Southern on 7/2/2021.]

May 23, 2019

Filing 225 Submission of Signature Requirement re #224 Exhibit in Support by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Smith, Asher) [Transferred from Indiana Southern on 7/2/2021.]

May 22, 2019

Filing 224 EXHIBIT in Support of Motion re #220 MOTION FOR ORDER REGARDING OWNERSHIP OF BIG CATS, #221 MOTION FOR ORDER TO SHOW CAUSE REGARDING JEFF LOWE, #219 MOTION FOR CONTEMPT, #218 MOTION for Sanctions Declaration of Asher Smith, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26)(Walters, Gabriel) [Transferred from Indiana Southern on 7/2/2021.]

May 22, 2019

Filing 223 BRIEF/MEMORANDUM in Support re #220 MOTION FOR ORDER REGARDING OWNERSHIP OF BIG CATS, #221 MOTION FOR ORDER TO SHOW CAUSE REGARDING JEFF LOWE, #219 MOTION FOR CONTEMPT, #218 MOTION for Sanctions , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

May 22, 2019

Filing 222 REPLY in Support of Motion re #209 Emergency MOTION to Suspend the Case Management Plan , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

May 22, 2019

Filing 221 MOTION FOR ORDER TO SHOW CAUSE REGARDING JEFF LOWE, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

May 22, 2019

Filing 220 MOTION FOR ORDER REGARDING OWNERSHIP OF BIG CATS, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

May 22, 2019

Filing 219 MOTION FOR CONTEMPT, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

May 22, 2019

Filing 218 MOTION for Sanctions , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

May 22, 2019

Filing 217 BRIEF/MEMORANDUM in Support re #216 Emergency MOTION FOR PRESERVATION ORDER , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A - Lowe Deposition)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

May 22, 2019

Filing 216 Emergency MOTION FOR PRESERVATION ORDER, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

May 22, 2019

Filing 215 RESPONSE in Opposition re #209 Emergency MOTION to Suspend the Case Management Plan , filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Exhibit Cover of Oliver Program of Vet Care)(Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]

May 20, 2019

Filing 214 SCHEDULING ORDER: This case is set for a Telephonic Status Conference on 5/23/2019 at 11:30 AM (Eastern Time), before Magistrate Judge Debra McVicker Lynch. The parties shall attend the conference by calling 1-888-363-4734, Access Code 5451691. Signed by Magistrate Judge Debra McVicker Lynch on 5/20/2019. Copy sent to Timothy Stark via US Mail. (MAT) [Transferred from Indiana Southern on 7/2/2021.]

May 20, 2019

Filing 213 ORDER Setting Response Deadline - On May 15, 2019, plaintiff People for the Ethical Treatment of Animals, Inc. ("PETA") filed an emergency motion to suspend the case management plan in this case (Dkt. #209 ). Any response to plaintiff's motion is due by May 22, 2019. Signed by Magistrate Judge Debra McVicker Lynch on 5/20/2019. Copy sent to Timothy Stark via US Mail. (MAT) [Transferred from Indiana Southern on 7/2/2021.]

May 20, 2019

Filing 212 ORDER on Selection of Veterinarian - Having carefully reviewed the parties' positions, the court GRANTS the defendants' request for additional time, to May 31, 2019, to identify a veterinarian and to come to an agreement with the plaintiff about a protocol for the examinations. The defendants must file by May 31, 2019, their recommendation of a veterinarian who is able to conduct the examinations and prepare a report. The recommendation must include an estimate of the doctor's professional fees and travel expenses. The court encourages the parties to continue to attempt to agree on a veterinarian and protocol for the examinations. After the filing of the defendants' recommendation and if the parties still cannot agree, the court will review that recommendation along with the one already filed by the plaintiff on April 24, 2019. See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 5/20/2019. Copy sent to Timothy Stark via US Mail. (MAT) [Transferred from Indiana Southern on 7/2/2021.]

May 20, 2019

Filing 211 ORDER on Motions to Seal (Dkts. #200 and #206 ) - The parties ask the court to seal certain portions of deposition testimony they filed in connection with briefing the plaintiff's motion to clarify the court's preliminary injunction and evidence preservation orders. The parties' sole basis for sealing is that the protective order entered in this case provides that a deposition transcript is deemed provisionally designated as "confidential" for 30 days following the release of the transcript. According to the defendants, the 30-day period has passed and no specific confidentiality designations have been made. Moreover, even if specific designations had been made, confidentiality designations do not by themselves support the sealing of information on the public docket. Because documents used in a court proceeding are presumptively "open to public inspection unless they meet the definition of trade secrets or other categories of bona fide long-term confidentiality," Bond v. Utreras, 585 F.3d 1061, 1075 (7th Cir. 2009) (internal quotation omitted), and because no party has filed a brief as required under Local Rule 5-11(e) demonstrating good cause for sealing, the court DENIES the motions to seal (Dkts. #200 and #206 ). At the expiration of the period under Local Rule 5-11(g), the Clerk is directed to unseal the following documents: Dkt. 203 (plaintiffs' brief), Dkts. 203-1 and 203-2 (deposition transcripts), Dkt. 205 (defendants' response), Dkts. 205-1 through 205-19 (exhibits to defendants' response). Signed by Magistrate Judge Debra McVicker Lynch on 5/20/2019. Copy sent to Timothy Stark via US Mail. (MAT) [Transferred from Indiana Southern on 7/2/2021.]

May 17, 2019

Filing 210 REPLY in Support of Motion re #201 MOTION TO CLARIFY THE PRELIMINARY INJUNCTION AND EVIDENCE PRESERVATION ORDERS , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit Exhibit A-AZA, Tiger Care Manual (2016), #2 Exhibit Exhibit B-PETA-WIN_002389 (USDA Complaint), #3 Exhibit Exhibit C-Deposition Transcript of Rick Pelphrey, #4 Exhibit Exhibit D-Deposition Transcript of Kurt Oliver, #5 Exhibit Exhibit E-Wildlife In Need & Wildlife In Deed, Inc., IRS Form 990)(Olszowka, Paul) (Attachment 4 replaced on 5/20/2021) (JD). [Transferred from Indiana Southern on 7/2/2021.]

May 15, 2019

Filing 209 Emergency MOTION to Suspend the Case Management Plan, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit)(Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]

May 15, 2019

Filing 208 RESPONSE in Opposition re #206 MOTION to Maintain Document Under Seal #205 SEALED Response to Motion and Exhibits B and C thereto , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]

May 14, 2019

Filing 207 BRIEF/MEMORANDUM in Support re #206 MOTION to Maintain Document Under Seal #205 SEALED Response to Motion and Exhibits B and C thereto , filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]

May 14, 2019

Filing 206 MOTION to Maintain Document Under Seal #205 SEALED Response to Motion and Exhibits B and C thereto, filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Text of Proposed Order)(Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]

May 14, 2019

Filing 205 SEALED RESPONSE re #201 MOTION TO CLARIFY THE PRELIMINARY INJUNCTION AND EVIDENCE PRESERVATION ORDERS , filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Affidavit JCC Declaration, #2 Exhibit Discovery Responses, #3 Exhibit T. Stark Depo. Excerpt, #4 Exhibit M. Stark Depo. Excerpt, #5 Exhibit T. Stark USDA license, #6 Exhibit 2.19.19 PETA corres., #7 Exhibit 2.27.19 Def. corres., #8 Exhibit 4.4.19 PETA corres., #9 Exhibit PETA web pages, #10 Exhibit WIN web page, #11 Exhibit APHIS form 271-R (3/04), #12 Exhibit APHIS form 271-R (12/09), #13 Exhibit AZA web page, #14 Exhibit AZA Tiger Care Manual, #15 Exhibit USDA web page, #16 Exhibit US Fish & Wildlife list, #17 Exhibit T. Stark Big Cat list, #18 Exhibit Pelphery documents, #19 Exhibit USDA transfer forms)(Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]

April 30, 2019

Filing 204 DECLARATION OF ASHER SMITH re #203 SEALED Document (Case Participants - doc), #201 Motion (Other) by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 - 2-19-10 Facebook Post, #2 Exhibit 2 - Red River Safari Facebook, #3 Exhibit 4 - 3-10-19 Facebook, #4 Exhibit 5 - 2-21-19 TV article, #5 Exhibit 6 - Lowe Deposition, #6 Exhibit 7 - 1-31-19 Instagram, #7 Exhibit 8 - 1-19-19 Instagram, #8 Exhibit 9 - 2-19-19 Smith ltr, #9 Exhibit 10 - 4-4-19 Lewis ltr, #10 Exhibit 11 - 2-27-19 Culotta ltr, #11 Exhibit 13 - 2-22-19 Interrogs, #12 Exhibit 14 - 3-15-19 Responses, #13 Exhibit 15 - 4-8-19 Culotta ltr, #14 Exhibit 16 - 2-7-19 Order, #15 Exhibit 17 - 1-17-19 Order, #16 Exhibit 18 - 7-14-17 Emergency Motion, #17 Exhibit 19 - 10-23-18 TV article)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

April 30, 2019

Filing 203 SEALED BRIEF IN SUPPORT OF PETA'S MOTION TO CLARIFY THE PRELIINARY INJUNCTION AND EVIDENCE PRESERVATION ORDERS, re #201 Motion (Other), filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 3 to Declaration (T. Stark Dep), #2 Exhibit 12 to Declaration (M. Stark Dep))(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

April 30, 2019

Filing 202 BRIEF/MEMORANDUM in Support re #200 MOTION TO MAINTAIN DOCUMENTS UNDER SEAL , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

April 30, 2019

Filing 201 MOTION TO CLARIFY THE PRELIMINARY INJUNCTION AND EVIDENCE PRESERVATION ORDERS, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

April 30, 2019

Filing 200 MOTION TO MAINTAIN DOCUMENTS UNDER SEAL, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. (Attachments: #1 Text of Proposed Order)(Lewis, Brian) Modified on 5/1/2019 (LBT). [Transferred from Indiana Southern on 7/2/2021.]

April 26, 2019

Filing 199 BRIEF/MEMORANDUM in Support of PETA's Petition for Fees on PETA's Motion for Sanctions, re #198 Submission, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 - Fees Spreadsheet, #2 Exhibit 2 - Lewis Declaration, #3 Exhibit 3 - Olszowka Declaration, #4 Exhibit 4 - Walters Declaration, #5 Exhibit 5 - Fees Matrix)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

April 26, 2019

Filing 198 PETA's Petition for Fees on PETA's Motion for Sanctions, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Lewis, Brian) Modified on 4/29/2019 (LBT). [Transferred from Indiana Southern on 7/2/2021.]

April 25, 2019

Filing 197 BRIEF/MEMORANDUM in Support of PETA's Petition for Fees on PETA's Motion to Compel, re #196 Submission, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 - Fee Spreadsheet, #2 Exhibit 2 - Lewis Declaration, #3 Exhibit 3 - Olszowka Declaration, #4 Exhibit 4 - Walters Declaration, #5 Exhibit - Matrix)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

April 25, 2019

Filing 196 PETA'S Petition for Fees on PETA's Motion to Compel, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order Proposed Order)(Lewis, Brian) Modified on 4/26/2019 to change to a motion event (LBT). [Transferred from Indiana Southern on 7/2/2021.]

April 24, 2019

Filing 195 Submission PETA's Recommendation of Veterinarian, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A - Email correspondence, #2 Exhibit B - Dr. Haddad CV, #3 Exhibit C - Proposed Protocol)(Olszowka, Paul) Modified on 4/30/2019 to change to a motion event (LBT). [Transferred from Indiana Southern on 7/2/2021.]

April 24, 2019

Filing 194 RESPONSE , re #193 Order on Motion for Sanctions and Request for Additional Time to Identify a Local Veterinarian, filed by Defendants MELISA D. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC. (Attachments: #1 Text of Proposed Order)(Culotta, J.) Modified on 4/30/2019 to change to a motion event (LBT). [Transferred from Indiana Southern on 7/2/2021.]

March 27, 2019

Filing 193 ORDER granting PETA's #125 Motion for Sanctions. The court finds that the defendants are IN CONTEMPT of the preliminary injunction order and ORDERS remedies - SEE ENTRY. Signed by Judge Richard L. Young on 3/27/2019 (copy mailed to Timothy Stark). (TMD) Modified on 3/28/2019 (LBT). [Transferred from Indiana Southern on 7/2/2021.]

March 27, 2019

Filing 192 ORDER granting #189 Motion for Extension of Time - The Case Management Plan, ECF No. #116 , is amended as follows: The non-expert discovery deadline is extended from March 29, 2019 to April 15, 2019; The deadline to disclose experts is extended from April 19, 2019 to May 31, 2019; The deadline to disclose rebuttal expert reports is set at June 14, 2019; The deadline to complete expert discovery and file and serve final witness and exhibit lists is extended from April 26, 2019 to June 30, 2019; The deadline to file dispositive motions is extended from May 14, 2019 to August 31, 2019; and Section III.F of the Case Management Plan, requiring expert disclosures be served no later than 90 days prior to the dispositive motion deadline if a party intends to use expert testimony to support a motion for summary judgment, is stricken. Signed by Magistrate Judge Debra McVicker Lynch on 3/27/2019. (MAT) [Transferred from Indiana Southern on 7/2/2021.]

March 26, 2019

Filing 191 ORDER on Plaintiff's Motion to Compel and the Defendants' Submissions in Response to the Court's Show Cause Order - The court has now resolved #133 PETA's motion to compel and various requests for fees incurred in discovery, including the request at Dkt. #133 . PETA is awarded against the defendants, jointly and severally, its reasonable attorneys' fees incurred in bringing and briefing the motion to compel at Dkt. #133 . The court DISCHARGES its order to show cause to the defendants at Dkt. #178 . See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 3/26/2019 (copy mailed to Timothy Stark). (LBT) [Transferred from Indiana Southern on 7/2/2021.]

March 26, 2019

Filing 190 BRIEF/MEMORANDUM in Support re #189 Joint MOTION For Extension of Time , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

March 26, 2019

Filing 189 Joint MOTION For Extension of Time, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

March 19, 2019

Filing 188 ORDER - This matter coming before the Court on the Joint Motion for Order on Premises Inspection (the "Motion") (Dkt. #186 ), and pursuant to the stipulation of the Parties, the Court being fully advised in the premises, IT IS HEREBY ORDERED: The Motion (Dkt. #186 ) is granted. PETA's previous motion to conduct premises inspection (Dkt. #135 ) is DENIED AS MOOT. See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 3/19/2019. (MAT) [Transferred from Indiana Southern on 7/2/2021.]

March 18, 2019

Filing 187 BRIEF/MEMORANDUM in Support re #186 Joint MOTION For Order on Premises Inspection , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

March 18, 2019

Filing 186 Joint MOTION For Order on Premises Inspection, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

January 4, 2019

Filing 185 SURREPLY Defendants' Surreply to Plaintiff's Reply, re #184 Response, #182 Response, #178 Order on Motion to Compel, filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Exhibit Ex. A Record of Animals on Hand, #2 Exhibit Ex. B Email String, #3 Exhibit Ex. C Exhibit No. 14A, #4 Exhibit Ex. D Big Cat on Property Spreadsheet, #5 Exhibit Ex. E Big Cat Spreadsheet 12/27/18, #6 Exhibit Ex. F Big Cat Spreadsheet 12/31/18, #7 Exhibit Ex. G Densford Depo. Excerpt)(Culotta, J.) Modified on 1/7/2019 to clarify docket text (LBT). [Transferred from Indiana Southern on 7/2/2021.]

December 28, 2018

Filing 184 RESPONSE PLAINTIFF'S REPLY TO DEFENDANTS' JOINT RESPONSE TO COURT'S ORDER TO SHOW CAUSE, re #178 Order on Motion to Compel, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A-Text and Animals on Hand, #2 Exhibit B-Chart, #3 Exhibit C-M. Stark Dep Trans, #4 Exhibit D-Culotta email, #5 Exhibit E-Text screenshots)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

December 18, 2018

Filing 183 ORDER granting #181 Motion for Protective Order. Uniform Stipulated Protective Order (As Amended) entered. See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 12/18/2018 (copy mailed to Timothy Stark). (LBT) [Transferred from Indiana Southern on 7/2/2021.]

December 7, 2018

Filing 182 RESPONSE Joint Defendants' Response to Court's Order to Show Cause, re #178 Order on Motion to Compel, filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Exhibit Ex. A WIN & M. Stark 11/16/18 responses, #2 Exhibit Ex. B T. Stark 11/28/18 responses, #3 Exhibit Ex. C Joint Defendants' 11/28/18 supplemental production response, #4 Affidavit Tim Stark re. Compliance with Show Cause Order, #5 Affidavit Melisa Stark re. Compliance with Show Cause Order, #6 Affidavit WIN re. Compliance with Show Cause Order)(Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]

December 7, 2018

Filing 181 Joint MOTION for Protective Order , filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Exhibit Agreement to be Bound by Protective Order)(Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]

November 30, 2018

Filing 180 ORDER granting #179 Motion for Extension of Time - The Case Management Plan (Dkt. #116 ) is amended as follows: the non-expert discovery deadline is extended from January 28, 2019 to March 29, 2019, and the deadline to disclose experts is extended from March 29, 2019 to April 19, 2019. Signed by Magistrate Judge Debra McVicker Lynch on 11/30/2018. Copy sent to Timothy Stark via US Mail. (MAT) [Transferred from Indiana Southern on 7/2/2021.]

November 26, 2018

Filing 179 Joint MOTION for Extension of Time to March 29, 2019 in which to #116 Order: Case ManagementScheduling Order Amended, filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Memo in Support, #2 Text of Proposed Order)(Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]

November 9, 2018

Filing 178 ORDER on Motion to Compel and Requiring Each Defendant to Show Cause Why an Entry of Default Should not be Entered - By December 7, 2018, each defendant must show cause in a filed writing why an entry of default should not be made against it, her, or him based on behavior in responding to discovery and complying with the court's discovery orders. #133 Motion to Compel is GRANTED in part and TAKEN UNDER ADVISEMENT in part as provided in this order. The court continues to take under advisement the nature of any appropriate sanctions, including the payment of attorneys' fees. See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 11/9/2018 (copy mailed to Timothy Stark). (LBT) [Transferred from Indiana Southern on 7/2/2021.]

October 10, 2018

Filing 177 RESPONSE, re #165 Order, filed by Defendant TIMOTHY L. STARK. (MAT) [Transferred from Indiana Southern on 7/2/2021.]

October 9, 2018

Filing 176 Defendant's Amended Preliminary Witness List, filed by Defendant TIMOTHY L. STARK. (MAT) [Transferred from Indiana Southern on 7/2/2021.]

October 8, 2018

Filing 175 Witness List Amended, filed by Defendants MELISA D. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]

October 5, 2018

Filing 174 Preliminary Witness List, filed by Defendant TIMOTHY L. STARK. (LBT) [Transferred from Indiana Southern on 7/2/2021.]

October 5, 2018

Filing 173 Preliminary Exhibit List, filed by Defendant TIMOTHY L. STARK. (LBT) [Transferred from Indiana Southern on 7/2/2021.]

October 5, 2018

Filing 172 Exhibit List Preliminary, filed by Defendants MELISA D. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]

October 5, 2018

Filing 171 Witness List Preliminary, filed by Defendants MELISA D. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]

October 4, 2018

Filing 170 RESPONSE re #165 Order of September 18, 2018 Regarding Defendants' Violation of Preliminary Injunction, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

September 28, 2018

Filing 169 MARGINAL ENTRY - #166 Motion for Extension of Time for Wildlife in Need to Acquire Legal Counsel is DENIED as moot in light of the appearance of counsel for the defendant corporation. Signed by Magistrate Judge Debra McVicker Lynch on 9/28/2018 (copy mailed to Timothy Stark). (LBT) [Transferred from Indiana Southern on 7/2/2021.]

September 26, 2018

Filing 168 NOTICE of Appearance by Jennifer H. Culotta on behalf of Defendants MELISA D. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Culotta, Jennifer) [Transferred from Indiana Southern on 7/2/2021.]

September 26, 2018

Filing 167 NOTICE of Appearance by J. Clayton Culotta on behalf of Defendants MELISA D. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Culotta, J.) [Transferred from Indiana Southern on 7/2/2021.]

September 24, 2018

Filing 166 MOTION for Extension of Time for Wildlife in Need to Acquire Legal Counsel, filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC. (Attachments: #1 Text of Proposed Order)(LBT) [Transferred from Indiana Southern on 7/2/2021.]

September 18, 2018

Filing 165 ORDER Regarding Plaintiff's Motion for Sanctions for Alleged Violation of Preliminary Injunction - Plaintiff People for the Ethical Treatment of Animals, Inc. asks the court to hold the defendants in contempt and enter certain sanctions based on the defendants' separation of a tiger cub from its mother. The parties have briefed the motion (Dkt. #125 ), but the court does not know whether either side wishes to present evidence in addition to the paper record supplied by the parties in connection with their briefing of the motion. So that the court can determine whether an evidentiary hearing is necessary or whether it can rule based on the papers and an opportunity for argument by telephone, it requires the parties to notify the court in writing by October 4, 2018, of the following: (1) Whether the party wishes to present any witness testimony on the issues raised by PETA's motion (Dkt. #125 ) seeking contempt and other sanctions because of the separation of the tiger cub from its mother; (2) If so, the names of the witnesses and a description of the expected subject matter(s) of their testimony; (3) Whether the party has any objection to the admissibility of the documents referenced by any party in its briefing of PETA's motion; (4) If so, the nature of all objections and their legal bases. Signed by Magistrate Judge Debra McVicker Lynch on 9/18/2018. Copies sent per distribution list via US Mail. (MAT) [Transferred from Indiana Southern on 7/2/2021.]

September 18, 2018

Filing 164 ORDER on (1) Motions for Protective Orders, (2) Motion for Emergency Hearing, and (3) Motion to Strike - For the foregoing reasons and those stated on the record during the September 14, 2018 hearing, the court DENIES the motions at Dkts. #143 , #145 , #149 , and #156 , except that it granted the request at Dkt. #156 for an expedited hearing. Signed by Magistrate Judge Debra McVicker Lynch on 9/18/2018. Copies sent per distribution list via US Mail. (MAT) [Transferred from Indiana Southern on 7/2/2021.]

September 18, 2018

Filing 163 ORDER granting #153 Motion for Extension of Time - The case management plant (Dkt. #116 ) is amended as follows: the nonexpert discovery deadline is extended from October 28, 2018, to January 28, 2019, and the deadline to disclose experts is extended from October 26 2018, to March 29, 2019. Signed by Magistrate Judge Debra McVicker Lynch on 9/18/2018. Copies sent per distribution list via US Mail. (MAT) [Transferred from Indiana Southern on 7/2/2021.]

September 12, 2018

Filing 162 ORDER on Motion for Attorney Fees - #85 Motion for Attorney Fees is GRANTED. The court AWARDS under Rule 37 attorneys' fees to PETA, and against the defendants jointly and severally, in the amount of $3,808.35. See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 9/12/2018 (copies mailed to all defts). (LBT) [Transferred from Indiana Southern on 7/2/2021.]

September 12, 2018

Filing 161 ORDER on Motion to Comply with Notices of Inspection - #30 Motion to Comply with Notices of Inspection is DENIED without prejudice. See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 9/12/2018 (copy mailed to all defts). (LBT) [Transferred from Indiana Southern on 7/2/2021.]

September 12, 2018

Filing 160 Order on Motion for Sanctions and Order to Show Cause (Dkt. 61) and on Renewed Motion to Compel Discovery and Require Compliance (Dkt. 90) - The court will address the defendants' failures to comply with discovery, including the court's prior orders, and appropriate relief for those failures in thecontext of ruling on PETA's motion to compel filed on July 26, 2018, at Dkt. 133. In the meantime, it DENIES WITHOUT PREJUDICE the "interim" discovery andsanctions motions filed by PETA at Dkt. #61 and Dkt. #90 . To be clear, however, the court will consider the entire history of the defendants' discovery behavior when it rules on the motion to compel at Dkt. 133. See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 9/12/2018 (copy mailed to all defts). (LBT) [Transferred from Indiana Southern on 7/2/2021.]

September 12, 2018

Filing 159 ORDER Regarding Company's Lack of Representation - Defendant Wildlife In Need and Wildlife In Deed, Inc. has had more than one month to obtain substitute counsel but has not done so. The court warns the company that it immediately must obtain counsel, or it is subject to the entry of default on all claims by PETA against it because of the lack of representation. Any appearance by new counsel must be entered by September 28, 2018. See order for details. Signed by Magistrate Judge Debra McVicker Lynch on 9/12/2018 (copy mailed to all defts).(LBT) [Transferred from Indiana Southern on 7/2/2021.]

September 11, 2018

Filing 157 SCHEDULING ORDER: Telephonic Status Conference and Hearing set for 9/14/2018 at 1:00 PM (Eastern Time) before Magistrate Judge Debra McVicker Lynch. The court will address the parties' motions for protective orders, at Dkt. #143 (defendants) and Dkt. #149 (plaintiff). Telephone call-in instructions for participating in the conference will be sent by a separate document. Signed by Magistrate Judge Debra McVicker Lynch on 9/11/2018 (copy mailed to defendants Timothy & Melisa Stark).(LBT) [Transferred from Indiana Southern on 7/2/2021.]

September 11, 2018

Filing 156 Emergency MOTION for Emergency Hearing and For Immediate Relief Pursuant to Local Rule 7-5, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A - Facebook posts, #2 Text of Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

September 11, 2018

Filing 155 Letter from Timothy Stark regarding settlement offer. (LBT) [Transferred from Indiana Southern on 7/2/2021.]

September 10, 2018

Filing 154 BRIEF/MEMORANDUM in Support re #153 MOTION for Extension of Time to in which to #116 Order: Case ManagementScheduling Order , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

September 10, 2018

Filing 153 MOTION for Extension of Time to in which to #116 Order: Case ManagementScheduling Order , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

September 7, 2018

Filing 152 Witness List , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A - Witness List)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

September 7, 2018

Filing 151 Exhibit List , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A - Exhibit List)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

September 7, 2018

Filing 150 BRIEF/MEMORANDUM in Support re #149 MOTION for Protective Order , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A - Westland Order, #2 Exhibit B - Microsoft Order, #3 Exhibit C - Declaration)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

September 7, 2018

Filing 149 MOTION for Protective Order , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

August 29, 2018

Filing 148 ORDER on Motion for Assistance - #147 Motion for Assistance with Recruiting Counsel is DENIED. See order for details. Signed by Magistrate Judge Debra McVicker Lynch on 8/29/2018 (copy mailed to defts). (LBT) [Transferred from Indiana Southern on 7/2/2021.]

August 16, 2018

Filing 147 MOTION for Assistance with Recruiting Counsel, filed by Defendants MELISA D. STARK and WILDLIFE IN NEED AND WILDLIFE IN DEED, INC. (LBT) [Transferred from Indiana Southern on 7/2/2021.]

August 15, 2018

Filing 146 RESPONSE in Opposition re #143 MOTION for Protective Order , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

August 15, 2018

Filing 145 MOTION to Strike #142 Response in Opposition to Motion, #143 MOTION for Protective Order , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

August 10, 2018

Filing 144 ORDER granting #137 Motion to Withdraw Attorney Appearance. Attorney Charles Richard Rush withdrawn as to any of the named defendants. Signed by Magistrate Judge Debra McVicker Lynch on 8/10/2018. Copy sent to Timothy L. Stark, Melisa D. Stark, and Wildlife In Need and Wildlife in Deed, Inc. via US Mail. (MAT) [Transferred from Indiana Southern on 7/2/2021.]

August 9, 2018

Filing 143 MOTION for Protective Order, filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Affidavit in Support, #2 Exhibit 1, #3 Exhibit 2)(MAT) [Transferred from Indiana Southern on 7/2/2021.]

August 9, 2018

Filing 142 RESPONSE in Opposition re #135 MOTION to Seek Leave to Conduct Premises Inspection, filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC. (MAT) [Transferred from Indiana Southern on 7/2/2021.]

August 8, 2018

Filing 141 REPLY in Support of Motion re #133 MOTION to Compel Discovery, #135 MOTION to Seek Leave to Conduct Premises Inspection , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A - M. Stark Deposition, #2 Exhibit B - J. Maldonado Deposition, #3 Exhibit C - Show Cause Hearing)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

July 31, 2018

Filing 138 SUBMISSION of Proposed Order re #137 Unopposed MOTION to Withdraw Attorney Appearance filed by Defendants MELISA D. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC. (Rush, Charles) Modified on 8/1/2018 to accurately describe document (LBT). [Transferred from Indiana Southern on 7/2/2021.]

July 31, 2018

Filing 137 Unopposed MOTION to Withdraw Attorney Appearance , filed by Defendants MELISA D. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Exhibit Letter to clients)(Rush, Charles) [Transferred from Indiana Southern on 7/2/2021.]

July 30, 2018

Filing 140 Receipt of 1 CD re #139 RESPONSE in Opposition, Exhibit 4, re #133 MOTION to Compel Discovery, filed by Defendant TIMOTHY L. STARK. (MAT) [Transferred from Indiana Southern on 7/2/2021.]

July 30, 2018

Filing 139 RESPONSE in Opposition re #133 MOTION to Compel Discovery, filed by Defendant TIMOTHY L. STARK. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Text of Proposed Order)(MAT) [Transferred from Indiana Southern on 7/2/2021.]

July 27, 2018

Filing 136 BRIEF/MEMORANDUM in Support re #135 MOTION to Seek Leave to Conduct Premises Inspection , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 - Plntf's Amended Notice of Inspection, #2 Exhibit 2 - Original Notices, #3 Exhibit 3 - Ltr to R. Rush and T. Stark 7-13-18, #4 Exhibit 3 - Ltr to Lewis fr Stark 7-17-18, #5 Exhibit 5 - Email to Rush fr Lewis, #6 Exhibit 6 - Tri-State Order, #7 Exhibit 7 - Dade City Order, #8 Exhibit 8 - Miami Seaquariam Order, #9 Exhibit 9 - ASPCA Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

July 27, 2018

Filing 135 MOTION to Seek Leave to Conduct Premises Inspection, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

July 26, 2018

Filing 134 BRIEF/MEMORANDUM in Support re #133 MOTION to Compel Discovery , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 - Show Cause Hearing, #2 Exhibit 2 - Amended Answer to Interrogatories, #3 Exhibit 3 - USDA License Renewal App Forms, #4 Exhibit 4 - 30(b)(6) Dep of Melisa Stark, #5 Exhibit 5 - Deposition of Dr. Pelphrey, #6 Exhibit 6 - Start letter to Lewis 7-17-18, #7 Exhibit 7 - Ltr to Rush and Stark fr Lewis 7-13-18, #8 Exhibit 8 - Email to Rush fr Lewis 7-16-18)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

July 26, 2018

Filing 133 MOTION to Compel Discovery, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

July 18, 2018

Filing 132 ORDER Striking Letter - Defendant Timothy Stark filed a letter he sent to the plaintiff's counsel regarding discovery matters. Discovery materials must not be filed with the court unless and until they are pertinent to a party's request for relief. Because the letter does not relate to any motion before the court, the court directs the Clerk to STRIKE the letter at Dkt. #131 . Signed by Magistrate Judge Debra McVicker Lynch on 7/18/2018. Copy sent to plaintiff via US Mail. (MAT) [Transferred from Indiana Southern on 7/2/2021.]

July 17, 2018

Filing 131 **STRICKEN PER ORDER AT DKT. 132** Submission of Letter from Timothy Stark to Attorney Brian Lewis, filed by Defendant TIMOTHY L. STARK. (LBT) Modified on 7/18/2018 (MAT). [Transferred from Indiana Southern on 7/2/2021.]

July 16, 2018

Filing 130 REPLY in Support of Motion re #125 MOTION for Sanctions and Other Relief Regarding Defendants' Removal of Cub in Violation of the Preliminary Injunction Order , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Walters, Gabriel) [Transferred from Indiana Southern on 7/2/2021.]

July 5, 2018

Filing 129 ORDER granting #128 Motion to Appear pro hac vice. Attorney Asher Smith for PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. added. The court FURTHER ORDERS that Asher Smith register as a user of the court's electronic case filing system by July 19, 2018. Signed by Magistrate Judge Debra McVicker Lynch on 7/5/2018 (copy mailed to Asher Smith and Timothy L. Stark. (LBT) [Transferred from Indiana Southern on 7/2/2021.]

July 3, 2018

Filing 128 MOTION for Attorney(s) Asher Smith to Appear pro hac vice (Filing fee $100, receipt number 0756-4953574), filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A - Certification of Asher Smith, #2 Text of Proposed Order Proposed Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

June 22, 2018

Filing 127 Addition to #120 Defendants' Memo RE: Removal of Cub From Mother, filed by Defendant TIMOTHY L. STARK. (Attachments: #1 Letter from Rick Pelphrey D.V.M.)(LBT) [Transferred from Indiana Southern on 7/2/2021.]

June 15, 2018

Filing 126 BRIEF/MEMORANDUM in Support re #125 MOTION for Sanctions and Other Relief Regarding Defendants' Removal of Cub in Violation of the Preliminary Injunction Order , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Walters, Gabriel) [Transferred from Indiana Southern on 7/2/2021.]

June 15, 2018

Filing 125 MOTION for Sanctions and Other Relief Regarding Defendants' Removal of Cub in Violation of the Preliminary Injunction Order, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Walters, Gabriel) [Transferred from Indiana Southern on 7/2/2021.]

June 12, 2018

Filing 124 ORDER on PETA's Response to Defendant Timothy Stark's Submission - The plaintiff's response (Dkt. #121 ) to the memo submission by defendant Timothy Stark (Dkt. #120 ) contends that the defendants violated the preliminary injunction and seeks relief for the alleged violation. A party seeking relief must do so by its own motion. See Local Rule 7-1(a). The court will not strike the response, but also will not act on it. If relief is sought, it must be requested by motion to which the defendants will have an opportunity to respond as provided by Local Rule 7-1. Signed by Magistrate Judge Debra McVicker Lynch on 6/12/2018 (copy mailed to Timothy Stark).(LBT) [Transferred from Indiana Southern on 7/2/2021.]

June 8, 2018

Filing 123 DECLARATION of Gabriel Z. Walters in Support of re #121 Response by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Walters, Gabriel) [Transferred from Indiana Southern on 7/2/2021.]

June 8, 2018

Filing 122 ORDER on #120 Submission by Defendant Timothy Stark - If the purpose of the memo is to attempt to comply with the injunction regarding proof of medical necessity for premature maternal separation, then the defendants are ORDERED to supply the court with a written competent opinion of a veterinary medical doctor as required by the preliminary injunction. The opinion must be filed by June 22, 2018. See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 6/8/2018 (copy mailed to Timothy Stark).(LBT) [Transferred from Indiana Southern on 7/2/2021.]

June 8, 2018

Filing 121 RESPONSE , re #120 Submission, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Walters, Gabriel) [Transferred from Indiana Southern on 7/2/2021.]

May 31, 2018

Filing 120 Submission Memo Re: Removal of Cub From Mother, filed by Defendant TIMOTHY L. STARK. (JKS) [Transferred from Indiana Southern on 7/2/2021.]

May 25, 2018

Filing 119 SCHEDULING ORDER: Final Pretrial Conference set for 10/10/2019 at 1:30 PM (Eastern Time) in room #200, United States Courthouse, 121 W. Spring Street, New Albany, Indiana before Judge Richard L. Young. Bench Trial set for 10/21/2019 at 9:00 AM (Eastern Time) in room #200, United States Courthouse, 121 W. Spring Street, New Albany, Indiana before Judge Richard L. Young. The court has allotted four days for this trial. Signed by Judge Richard L. Young on 5/25/2018 (copy mailed to Timothy Stark).(LBT) Modified on 5/25/2018 to indicate bench trial instead of jury trial scheduled and that a copy was mailed (LBT). [Transferred from Indiana Southern on 7/2/2021.]

May 21, 2018

Filing 118 TRANSCRIPT of Show Cause Hearing held on 4/26/18 before Magistrate Judge Debra McVicker Lynch. (54 pages.) Court Reporter/Transcriber: Laura Howie-Walters (Telephone: (317) 632-3422). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 6/11/2018. Release of Transcript Restriction set for 8/20/2018. (Howie-Walters, Laura) Released on 8/20/2018 (SWM). [Transferred from Indiana Southern on 7/2/2021.]

May 21, 2018

Filing 117 NOTICE of FILING of OFFICIAL TRANSCRIPT of Show Cause Hearing held before Magistrate Judge Debra McVicker Lynch on 04/26/18 (Howie-Walters, Laura) (copy mailed to Timothy Stark) Modified on 5/22/2018 (LBT). [Transferred from Indiana Southern on 7/2/2021.]

May 9, 2018

Filing 116 ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 5/14/2019. Non-expert witness and liability discovery due by 10/28/2018. See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 5/9/2018.(LBT) [Transferred from Indiana Southern on 7/2/2021.]

May 9, 2018

Filing 115 ORDER Entering Corrected Case Management Order - The court's case management order entered on May 8, 2018, Dkt. #114 , is VACATED because it contains an incorrect date for the close of non-expert discovery. The correct date is October 28, 2018, not October 28, 2019. The court directs the Clerk to enter a corrected case management order. Signed by Magistrate Judge Debra McVicker Lynch on 5/9/2018 (copy mailed to Timothy Stark).(LBT) [Transferred from Indiana Southern on 7/2/2021.]

May 8, 2018

Filing 114 **VACATED PER NO. 115** ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 5/14/2019. Non-expert witness and liability discovery due by 10/28/2018. See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 5/8/2018.(LBT) Modified on 5/9/2018 (LBT). [Transferred from Indiana Southern on 7/2/2021.]

May 8, 2018

Filing 113 ENTRY and ORDER from Motion Hearing held before Magistrate Judge Debra McVicker Lynch on 4/26/2018. The defendants are ORDERED to serve their supplemental responses to the interrogatories and document requests (including supplements to both the highlighted and non-highlighted requests) by June 15, 2018. The court therefore GRANTS IN PART and DENIES IN PART the renewed motion to compel at Dkt. 90 by providing these deadlines for supplementation to the written discovery. The court continues to TAKE UNDER ADVISEMENT (1) the scope of inspections of premises and of wildlife and the imaging of electronic sources (computers and cell phones) (see motions at Dkts. 30 and 90) and (2) the scope of additional sanctions, as requested by the plaintiff in Dkts. 61 and 90, because of the failure to comply with prior discovery orders (see order at Dkt. 73). The court DENIES the plaintiff's motion for entry of the case management order at Dkt. 66 because some of the deadlines proposed there are not consistent with the status of this case and the parties presented at the hearing a new case management plan they agreed was appropriate. The court adopts as an order of the court the new proposed case management plan submitted at the hearing, except that the close of non-expert discovery is October 28, 2018, and as modified by the magistrate judge in the margins of the plan. The Clerk is directed to docket the approved case management plan. The court will address by separate order the plaintiff's motion for attorneys' fees at Dkt. 85. (See Order for additional information.) Signed by Magistrate Judge Debra McVicker Lynch. (Copy mailed to defendant Timothy Stark.) (Court Reporter Laura Howie-Walters.)(KGK) [Transferred from Indiana Southern on 7/2/2021.]

April 20, 2018

Filing 112 NOTICE of FILING of OFFICIAL TRANSCRIPT of TRO/Injunction and Preliminary Injunction hearings held before Judge Richard L. Young on 10/19/17 and 1/24/18 (Techert, Maggie) (Copy mailed to Deft Timothy L. Stark) Modified on 4/23/2018 (LBT). [Transferred from Indiana Southern on 7/2/2021.]

April 20, 2018

Filing 111 NOTICE of FILING of OFFICIAL TRANSCRIPT of TRO/Injunction Hearing held before Judge Richard L. Young on October 19, 2017 (Techert, Maggie) [Transferred from Indiana Southern on 7/2/2021.]

April 20, 2018

Filing 110 TRANSCRIPT of TRO/Injunction Hearing held on October 19, 2017 before Judge Richard L. Young. (119 pages.) Court Reporter/Transcriber: Maggie Techert (Telephone: (812) 205-0682). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 5/11/2018. Release of Transcript Restriction set for 7/19/2018. (Techert, Maggie) Released on 7/19/2018 (SWM). [Transferred from Indiana Southern on 7/2/2021.]

April 20, 2018

Filing 109 NOTICE of FILING of OFFICIAL TRANSCRIPT of Preliminary Injunction Hearing held before Judge Richard L. Young on January 24, 2018 (Techert, Maggie) [Transferred from Indiana Southern on 7/2/2021.]

April 20, 2018

Filing 108 TRANSCRIPT of Preliminary Injunction Hearing held on January 24, 2018 before Judge Richard L. Young. (120 pages.) Court Reporter/Transcriber: Maggie Techert (Telephone: (812) 205-0682). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 5/11/2018. Release of Transcript Restriction set for 7/19/2018. (Techert, Maggie) Released on 7/19/2018 (SWM). [Transferred from Indiana Southern on 7/2/2021.]

April 20, 2018

Filing 107 **PLEASE DISREGARD. SEE CORRECT TRANSCRIPT AT NO. 108** TRANSCRIPT of Preliminary Injunction Hearing held on January 24, 2018 before Judge Richard L. Young. (120 pages.) Court Reporter/Transcriber: Maggie Techert (Telephone: (812) 205-0682). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 5/11/2018. Release of Transcript Restriction set for 7/19/2018. (Techert, Maggie) Modified on 4/23/2018 (LBT). [Transferred from Indiana Southern on 7/2/2021.]

April 16, 2018

Filing 106 ORDER granting #105 Motion to Withdraw Attorney Appearance. Attorney Charles Richard Rush withdrawn as counsel for Defendant TIMOTHY L. STARK. Mr. Rush remains as counsel of record for defendants Melisa Stark and Wildlife in Need and Wildlife in Deed, Inc. Signed by Magistrate Judge Debra McVicker Lynch on 4/16/2018 (copy mailed to Timothy Stark). (LBT) [Transferred from Indiana Southern on 7/2/2021.]

April 13, 2018

Filing 105 MOTION to Withdraw Attorney Appearance , filed by Defendant TIMOTHY L. STARK. (Rush, Charles) [Transferred from Indiana Southern on 7/2/2021.]

April 13, 2018

Filing 104 ORDER Regarding Representation of Defendant Timothy L. Stark - Defendant Timothy L. Stark has tendered for filing several documents that state he has terminated representation of him by attorney Richard Rush, but Mr. Rush apparently continues to represent the other defendants. The court requires Mr. Rush promptly to file an appropriate motion to withdraw if his services havebeen terminated. Signed by Magistrate Judge Debra McVicker Lynch on 4/13/2018.(LBT) [Transferred from Indiana Southern on 7/2/2021.]

April 13, 2018

Filing 103 ORDER on Timothy Stark's Tendered Motion to Continue Hearing - The court STRIKES the motion (at Dkt. #98 ) because at present any filings on Mr. Stark's behalf must be made through counsel. Further, it is very unlikely that the court would continue the hearing even if a motion for continuance were filed by Mr. Rush or re-filed by Mr. Stark if Mr. Rush seeks and is granted the withdrawal of his appearance. The hearing is NOT continued and remains set for April 26, 2018. See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 4/13/2018. (LBT) [Transferred from Indiana Southern on 7/2/2021.]

April 13, 2018

Filing 102 ORDER Striking Memorandum in Answer to Plaintiff's Renewed Motion - The court STRIKES the "Defendants' Memorandum in Answer to Renewed Motion to Compel Discovery and Memorandum," at Dkt. #99 , filed by Timothy L. Stark, for several reasons. See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 4/13/2018.(LBT) [Transferred from Indiana Southern on 7/2/2021.]

April 13, 2018

Filing 101 ORDER on Motion to File Supplemental Memorandum in Support of Renewed Motion to Compel Discovery - #96 Motion for Leave to File Supplemental Memorandum is DENIED. The Court directs the Clerk to STRIKE the memorandum and its attachments at Dkt. #97 . Signed by Magistrate Judge Debra McVicker Lynch on 4/13/2018. (LBT) [Transferred from Indiana Southern on 7/2/2021.]

April 13, 2018

Filing 100 ORDER Striking Defendant's Letter to Counsel - Defendant Timothy L. Stark has filed a copy of a letter to his counsel regarding counsel's continued representation of him. The court STRIKES the letter, at Dkt. #95 , because it seeks no relief from the court and any filings on Mr. Stark's behalf must be made through his counsel. Signed by Magistrate Judge Debra McVicker Lynch on 4/13/2018.(LBT) [Transferred from Indiana Southern on 7/2/2021.]

April 12, 2018

Filing 99 **STRICKEN PER NO. 102** Memorandum in Answer to #90 MOTION to Compel Discovery and Require Compliance with this Court's Discovery Orders (Renewed) and #97 Brief in Support of #90 Renewed Motion to Compel, filed by Defendant TIMOTHY L. STARK. (LBT) Modified on 4/13/2018 (LBT). [Transferred from Indiana Southern on 7/2/2021.]

April 12, 2018

Filing 98 **STRICKEN PER NO. 103** MOTION to Reschedule Hearing, filed by Defendant TIMOTHY L. STARK. (LBT) Modified on 4/13/2018 (LBT). [Transferred from Indiana Southern on 7/2/2021.]

April 10, 2018

Filing 97 **STRICKEN PER NO. 101** BRIEF/MEMORANDUM in Support re #96 MOTION for Leave to File Supplemental Memorandum in Further Support of #90 PETA's Renewed Motion to Compel Discovery , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 - Certified Transcript of Audio, #2 Exhibit 2 - PI Hearing Transcript 1-24-18, #3 Exhibit 3 - Ltr to Rush fr Lewis 3-29-18)(Lewis, Brian) Modified on 4/11/2018 to create link to related motion (LBT). Modified on 4/13/2018 (LBT). [Transferred from Indiana Southern on 7/2/2021.]

April 10, 2018

Filing 96 MOTION for Leave to File Supplemental Memorandum in Further Support of #90 PETA's Renewed Motion to Compel Discovery, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order Proposed Order)(Lewis, Brian) Modified on 4/11/2018 to create link to related motion (LBT). [Transferred from Indiana Southern on 7/2/2021.]

April 9, 2018

Filing 95 **STRIKEN PER NO. 100** MOTION to Terminate Legal Relationship, filed by Defendant TIMOTHY L. STARK, pro se. (LBT) Modified on 4/13/2018 (LBT). [Transferred from Indiana Southern on 7/2/2021.]

March 12, 2018

Filing 94 ORDER Setting Hearing and Requiring Defendants to Show Cause Regarding Sanctions and Discovery Violations - This matter is set for hearing on 4/26/2018 at 1:00 PM (Eastern Time), in room #224, United States Courthouse, 121 W. Spring Street, New Albany, Indiana before Magistrate Judge Debra McVicker Lynch. The defendants are ORDERED to APPEAR in person and by counsel. The plaintiff may appear by counsel only, although nothing precludes other representatives of the plaintiff entity from attending with counsel. The court will address at the hearing (a) sanctions because of past discovery misconduct; (b) monetary relief to the plaintiff because of past discovery misconduct, including the plaintiff's motion for attorney fees at Dkt. #85 ; (c) additional discovery orders; and (d) case management, including the plaintiff's motion for entry of case management order at Dkt. #66 . See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 3/12/2018. (MAT) [Transferred from Indiana Southern on 7/2/2021.]

February 27, 2018

Filing 93 ORDER granting #92 Motion to Withdraw Attorney Appearance. Attorney John Seber withdrawn. Signed by Magistrate Judge Debra McVicker Lynch on 2/27/2018. (LBT) [Transferred from Indiana Southern on 7/2/2021.]

February 26, 2018

Filing 92 MOTION to Withdraw Attorney Appearance , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Text of Proposed Order)(Seber, John) [Transferred from Indiana Southern on 7/2/2021.]

February 16, 2018

Filing 91 BRIEF/MEMORANDUM in Support re #90 MOTION to Compel Discovery and Require Compliance with this Court's Discovery Orders (Renewed) , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 - Ltr to Rush 2-6-18, #2 Exhibit 2 - Transfer Records)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

February 16, 2018

Filing 90 MOTION to Compel Discovery and Require Compliance with this Court's Discovery Orders (Renewed), filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

February 12, 2018

Filing 89 ORDER granting #46 Motion for Preliminary Injunction. Signed by Judge Richard L. Young on 2/12/2018. (TMD) [Transferred from Indiana Southern on 7/2/2021.]

February 8, 2018

Filing 88 ENTRY ON DEFENDANTS' MOTION TO DISMISS - For the reasons stated above, Defendants' Motion to Dismiss (Filing No. #41 ) is DENIED. See Entry for details. Signed by Judge Richard L. Young on 2/8/2018. (MAT) [Transferred from Indiana Southern on 7/2/2021.]

February 6, 2018

Filing 87 Submission of Proposed Order , re #85 MOTION for Attorney Fees , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Seber, John) [Transferred from Indiana Southern on 7/2/2021.]

February 5, 2018

Filing 86 BRIEF/MEMORANDUM in Support re #85 MOTION for Attorney Fees , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Affidavit Declaration of Brian Lewis, #2 Affidavit Declaration of Paul Olszowka, #3 Affidavit Declaration of John Seber)(Seber, John) [Transferred from Indiana Southern on 7/2/2021.]

February 5, 2018

Filing 85 MOTION for Attorney Fees , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit Exhibit A)(Seber, John) [Transferred from Indiana Southern on 7/2/2021.]

February 1, 2018

Filing 84 Findings of Fact & Conclusions of Law (proposed) by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Appendix)(Seber, John) [Transferred from Indiana Southern on 7/2/2021.]

February 1, 2018

Filing 83 Findings of Fact & Conclusions of Law (proposed) by All Defendants. (Rush, Charles) [Transferred from Indiana Southern on 7/2/2021.]

January 29, 2018

Filing 82 ORDER granting #81 Motion to Withdraw Attorney Appearance. Attorney Yeny C. Ciborowski withdrawn. Signed by Magistrate Judge Debra McVicker Lynch on 1/29/2018. (LBT) [Transferred from Indiana Southern on 7/2/2021.]

January 26, 2018

Filing 81 MOTION to Withdraw Attorney Appearance , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]

January 26, 2018

Filing 80 MINUTE ORDER for preliminary injunction hearing held 1/24/2018 before Judge Richard L. Young. Findings of Fact and Conclusions of Law are due 2/01/18. The court extends and continues the TRO #25 currently in effect with conditions (SEE ORDER). Signed by Judge Richard L. Young. (Court Reporter Maggie Techert.)(TMD) [Transferred from Indiana Southern on 7/2/2021.]

January 24, 2018

Filing 79 ORDER granting #77 Motion for Leave to File Supplemental Authority - The court GRANTS the plaintiff's motion (Dkt. #77 ) to file its notice of supplemental authority (at Dkt. #78 ) in support of its opposition to the defendants' motion to dismiss. If the defendants wish to address the new case discussed by PETA in its notice, they may file a response to the notice by January 31, 2018. A reply is not permitted. Signed by Magistrate Judge Debra McVicker Lynch on 1/24/2018. (MAT) [Transferred from Indiana Southern on 7/2/2021.]

January 22, 2018

Filing 78 NOTICE OF SUPPLEMENTAL AUTHORITY, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., re #77 MOTION for Leave to File NOTICE OF SUPPLEMENTAL AUTHORITY, #59 Response in Opposition to Motion. (Attachments: #1 Exhibit 1 (Opinion)) (Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]

January 22, 2018

Filing 77 MOTION for Leave to File NOTICE OF SUPPLEMENTAL AUTHORITY, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]

January 22, 2018

Filing 76 REPLY in Support of Motion re #46 MOTION for Preliminary Injunction , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 (Declaration of Delcianna Winders), #2 Exhibit 2 (Certified Copies of USDA Documents pages 1-28), #3 Exhibit 2 (Certified Copies of USDA Documents pages 29-57), #4 Exhibit 2 (Certified Copies of USDA Documents pages 58-85), #5 Exhibit 2 (Certified Copies of USDA Documents pages 86-96), #6 Exhibit 2 (Certified Copies of USDA Documents pages 97-115))(Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]

January 19, 2018

Filing 75 ORDER ON PLANTIFF'S MOTION FOR SUMMARY RULING - #69 Motion for Summary Ruling is DENIED as provided in this order. The court declines to cancel the preliminary injunction hearing. See Order for details. Signed by Judge Richard L. Young on 1/19/2018. (LBT) [Transferred from Indiana Southern on 7/2/2021.]

January 19, 2018

Filing 74 ORDER granting #63 , #64 , and #65 Motions to Appear pro hac vice. John Seber, Gabriel Walters, Caitlin Hawks for PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. added. The court FURTHER ORDERS that John Seber, Gabriel Walters, and Caitlin Hawks register as users of the court's electronic case filing system by January 31, 2018. Failure to register could result in the revocation of admission pro hac vice. Copies sent per distribution list via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 1/19/2018. (MAT) [Transferred from Indiana Southern on 7/2/2021.]

January 19, 2018

Filing 73 ORDER on #61 Plaintiff's Motion for Sanctions and Order to Show Cause - The plaintiff's motion for sanctions and for the issuance of a show cause order (Dkt. #61 ) is GRANTED IN PART, DENIED IN PART, and TAKEN UNDER ADVISEMENT IN PART. At this time, the following sanction is imposed: The defendants are prohibited from introducing any evidence at the preliminary injunction hearing, whether by affidavit, live testimony, or documents, unless that evidence was produced in discovery in this case, subject to the following exception. To the extent PETA does not stipulate to the foundational elements for admission of such a document produced in discovery, the defendants can present evidence limited to establishing those foundational elements. To be clear, however, the defendants are otherwise prohibited from presenting testimony during the hearing because they refused to comply with the court's discovery orders and refused to cooperate to appear for their depositions. See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 1/19/2018. (MAT) [Transferred from Indiana Southern on 7/2/2021.]

January 19, 2018

Filing 72 RESPONSE in Opposition re #69 MOTION FOR SUMMARY RULING ON MOTION FOR PRELIMINARY INJUNCTION, #61 MOTION for Sanctions AND ORDER TO SHOW CAUSE , filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Exhibit A)(Rush, Charles) [Transferred from Indiana Southern on 7/2/2021.]

January 17, 2018

Filing 71 CERTIFICATE OF SERVICE by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. re #67 Declaration, #66 MOTION FOR ENTRY OF CASE MANAGEMENT ORDER (Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]

January 17, 2018

Filing 70 ORDER Requiring Expedited Briefing by Defendants - The court ORDERS the defendants to file their responses to the following two motions no later than 12:00 p.m. (Eastern) on January 19, 2018: 1. Plaintiff's motion for sanctions and order to show cause, at Dkt. #61 and 2. Plaintiff's motion for summary ruling on motion for preliminary injunction, at Dkt. #69 . Signed by Magistrate Judge Debra McVicker Lynch on 1/17/2018.(DW) [Transferred from Indiana Southern on 7/2/2021.]

January 17, 2018

Filing 69 MOTION FOR SUMMARY RULING ON MOTION FOR PRELIMINARY INJUNCTION, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A - Amended Notices of Deposition, #2 Exhibit B - 1-9-18 Email, #3 Exhibit C - 11-22-17 Ltr to R. Pelphrey)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

January 17, 2018

Filing 68 NOTICE of Filing and Certificate of Service for Docket Nos. 66 and 67 by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. (Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

January 17, 2018

Filing 67 DECLARATION of Brian Lewis in Support of Plaintiff's Motion for Entry of Case Management Order re #66 Motion (Other) by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A - 12-13-17 Email, #2 Exhibit B - 12-20-17 Email, #3 Exhibit C - 12-22-17 Email, #4 Exhibit D - 12-28-17 Email, #5 Exhibit E - 1-4-18 Email)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

January 17, 2018

Filing 66 MOTION FOR ENTRY OF CASE MANAGEMENT ORDER, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 - Plaintiff's Proposed Case Management Plan)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

January 17, 2018

Filing 65 MOTION for Attorney(s) Caitlin Hawks to Appear pro hac vice (Filing fee $100, receipt number 0756-4712185), filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A - Certification in Support, #2 Text of Proposed Order Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

January 17, 2018

Filing 64 MOTION for Attorney(s) Gabriel Walters to Appear pro hac vice (Filing fee $100, receipt number 0756-4712178), filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A - Certification in Support, #2 Text of Proposed Order Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

January 17, 2018

Filing 63 MOTION for Attorney(s) John Seber to Appear pro hac vice (Filing fee $100, receipt number 0756-4712139), filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A - Certification in Support, #2 Text of Proposed Order Order)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

January 12, 2018

Filing 62 BRIEF/MEMORANDUM in Support re #61 MOTION for Sanctions AND ORDER TO SHOW CAUSE , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A (Declaration of Brian W. Lewis))(Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]

January 12, 2018

Filing 61 MOTION for Sanctions AND ORDER TO SHOW CAUSE, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]

January 10, 2018

Filing 60 SUPPLEMENTAL ENTRY ON DEFENDANT'S MOTION TO DISMISS - On January 8, 2018, the court issued an Order directing Plaintiff to respond to Defendants' Motion to Dismiss because the docket had not yet reflected any response. (Filing No. #53 ). The court was subsequently informed that the Magistrate Judge extended the briefing deadlines for Defendants' Motion to Dismiss. (Filing No. #45 at 3 8). This extended schedule conflicts, at least in part, with the court's January 8th Order. For clarification, the parties shall abide by the deadlines set forth in the court's January 8th Order. Plaintiff has already filed its Response. (Filing No. #59 ). Accordingly, Defendants are directed to file a Reply (if necessary) by January 22, 2018. The court will hear argument on the Motion to Dismiss at the hearing for the preliminary injunction on January 24, 2018. See Entry for details. Signed by Judge Richard L. Young on 1/10/2018. (MAT) [Transferred from Indiana Southern on 7/2/2021.]

January 9, 2018

Filing 59 RESPONSE in Opposition re #41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]

January 8, 2018

Filing 58 NOTICE of Filing and Certificate of Service for Docket Nos. #54 , #55 , #56 , and #57 by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. (Ciborowski, Yeny) Modified on 1/9/2018 to add links to related documents (MAT). [Transferred from Indiana Southern on 7/2/2021.]

January 8, 2018

Filing 57 DECLARATION of Yeny C. Ciborowski re #46 Motion for Preliminary Injunction, #54 Brief/Memorandum in Support by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A (Defendants APHIS Form 7019 (Record of Animals On Hand)), #2 Exhibit B (Document Production Received from Dr. McDonald Pursuant to Subpoena), #3 Exhibit C (USDA Routine Inspection Report dated June 28, 2013), #4 Exhibit D (Defendants Medical Treatment Log), #5 Exhibit E (Disc Containing Videos E-1 through E-10), #6 Exhibit F (USDA Complaint Against Defendants), #7 Exhibit G (USDA Routine Inspection Report dated September 14, 2015), #8 Exhibit H (USDA Routine Inspection Report dated September 8, 2014), #9 Exhibit I (USDA Routine Inspection Report dated March 31, 2017))(Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]

January 8, 2018

Filing 56 DECLARATION of Jennifer Conrad, D.V.M. re #46 Motion for Preliminary Injunction, #54 Brief/Memorandum in Support by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A (Curriculum Vitae))(Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]

January 8, 2018

Filing 55 DECLARATION of Jay Pratte re #46 Motion for Preliminary Injunction, #54 Brief/Memorandum in Support by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A (Curriculum Vitae), #2 Exhibit B (List of References))(Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]

January 8, 2018

Filing 54 BRIEF/MEMORANDUM in Support re #46 MOTION for Preliminary Injunction , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]

January 8, 2018

Filing 53 ORDER taking under advisement Defendants' #41 Motion to Dismiss. Plaintiff is directed to file a response no later than 1/15/18 and any reply by defendants shall be filed no later than 1/22/18. Signed by Judge Richard L. Young on 1/8/2018. (TMD) [Transferred from Indiana Southern on 7/2/2021.]

January 8, 2018

Filing 52 ORDER granting Plaintiff's #26 Motion to Dismiss Counterclaim. Signed by Judge Richard L. Young on 1/8/2018. (TMD) [Transferred from Indiana Southern on 7/2/2021.]

January 5, 2018

Filing 51 ORDER on Plaintiff's Renewed Motion to Compel - #49 Motion to Compel is GRANTED. The defendants are ORDERED to supplement their answers to the interrogatories and document requests, and produce the additional documents, no later than January 10, 2018. In addition, the court GRANTS the plaintiff's request for fees in bringing their motion to compel. The plaintiff may file a petition for fees within 30 days, and the briefing of that petition will proceed as provided by Local Rule 7-1. See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 1/5/2018. (LBT) [Transferred from Indiana Southern on 7/2/2021.]

January 2, 2018

Filing 50 BRIEF/MEMORANDUM in Support re #49 MOTION to Compel Discovery (Renewed) , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 - Defendants' Response to Discovery, #2 Exhibit 2 - Record of Animals of Hand, #3 Exhibit 3 - Animal Medical Record)(Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

January 2, 2018

Filing 49 MOTION to Compel Discovery (Renewed), filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

December 29, 2017

Filing 48 Scheduling Order for Briefing of Preliminary Injunction Motion - The plaintiff's memorandum of law in support of its motion for preliminary injunction must be filed by January 8, 2018. The defendants' response must be filed by January 15, 2018. Any reply brief must be filed by January 22, 2018. Signed by Magistrate Judge Debra McVicker Lynch on 12/29/2017. (MAT) [Transferred from Indiana Southern on 7/2/2021.]

December 19, 2017

Filing 47 NOTICE of Filing and Certificate of Service for PETA's Discovery Requests and Letter Identifying Discovery Requests Pursuant to Order dated December 15, 2017 [Docket No. 45] by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. (Attachments: #1 Exhibit A (PETA Discovery Requests), #2 Exhibit B (Letter Identifying Discovery Requests)) (Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]

December 19, 2017

Filing 46 MOTION for Preliminary Injunction , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 (Transcript of TRO Hearing Dated October 19, 2017))(Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]

December 15, 2017

Filing 45 MINUTE ENTRY and ORDER from Motion Hearing held before Magistrate Judge Debra McVicker Lynch on 12/15/2017. The defendants' motion for a stay of discovery (Dkt. 40) is DENIED. The plaintiff must file its motion for preliminary injunction by December 19, 2017. The court will later set a briefing schedule on the motion, which may depend on the identification and resolution of any discovery disputes. In the meantime, a deadline for the plaintiff's opening brief is stayed. (See Order for additional deadlines and information). Signed by Magistrate Judge Debra McVicker Lynch. (KGK) [Transferred from Indiana Southern on 7/2/2021.]

December 14, 2017

Filing 44 RESPONSE in Opposition re #40 MOTION to Stay of Discovery Requests , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]

December 13, 2017

Filing 42 BRIEF/MEMORANDUM in Support re #41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Exhibit License with USDA)(Rush, Charles) [Transferred from Indiana Southern on 7/2/2021.]

December 12, 2017

Filing 41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Exhibit License from USDA)(Rush, Charles) [Transferred from Indiana Southern on 7/2/2021.]

December 12, 2017

Filing 40 MOTION to Stay of Discovery Requests, filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Attachments: #1 Exhibit letter from Tim Stark)(Rush, Charles) [Transferred from Indiana Southern on 7/2/2021.]

December 8, 2017

Filing 39 SCHEDULING ORDER - A hearing is set by telephone before Magistrate Judge Debra McVicker Lynch on 12/15/2017 at 3:00 PM (Eastern Time), on (1) any motion for protective order and (2) the plaintiff's motions to compel. The court will also address deposition scheduling and the extension of briefing deadlines in advance of the preliminary injunction deadline. The plaintiff's December 13, 2017 deadline to file its opening brief is stayed; it will be reset at the hearing. The plaintiff's motions for a hearing (Dkt. #31 and Dkt. #37 ) and its request for deadlines for the defendants' responses to its written discovery are GRANTED as provided in this order. 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 hearing set for December 15, 2017. See Order for additional deadlines and details. Signed by Magistrate Judge Debra McVicker Lynch on 12/8/2017. (MAT) [Transferred from Indiana Southern on 7/2/2021.]

December 7, 2017

Filing 38 1 CD received of Videos referenced in #33 Reply in Support of Motion (JRB) [Transferred from Indiana Southern on 7/2/2021.]

December 7, 2017

Filing 37 Emergency MOTION FOR ORAL ARGUMENT PURSUANT TO LOCAL RULE 7-5 RE #34 Motion to Compel Discovery and #35 Motion for Extension of Time re Briefing Schedule on Motion for Preliminary Injunction, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Ciborowski, Yeny) Modified on 12/8/2017 to create link to related motions (LBT). [Transferred from Indiana Southern on 7/2/2021.]

December 7, 2017

Filing 36 BRIEF/MEMORANDUM in Support re #35 MOTION for Extension of Time to Briefing Schedule on Motion for Preliminary Injunction in which to #25 Motion HearingSet Hearings , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A (E-mail dated December 5, 2017), #2 Exhibit B (Letter dated December 6, 2017), #3 Exhibit C (Letter dated December 7, 2017))(Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]

December 7, 2017

Filing 35 MOTION for Extension of Time to Briefing Schedule on Motion for Preliminary Injunction in which to #25 Motion HearingSet Hearings , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A (Proposed Order))(Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]

December 7, 2017

Filing 34 MOTION to Compel Discovery, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A (E-mail dated December 5, 2017))(Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]

December 6, 2017

Filing 33 REPLY in Support of Motion re #30 MOTION to Compel Compliance with Notices of Inspection , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A (E-mail dated December 5, 2017), #2 Exhibit B (Letter dated December 6, 2017), #3 Exhibit C (E-mail dated December 6, 2017), #4 Exhibit D (Photographs))(Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]

December 1, 2017

Filing 32 RESPONSE to #30 Motion to Compel, filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC..(Rush, Charles) Modified on 12/4/2017 to create link to related motion (LBT). [Transferred from Indiana Southern on 7/2/2021.]

November 29, 2017

Filing 31 Emergency MOTION for Oral Argument Pursuant to Local Rule 7-5 re #30 MOTION to Compel, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Ciborowski, Yeny) Modified on 11/30/2017 to create link to related motion (LBT). [Transferred from Indiana Southern on 7/2/2021.]

November 29, 2017

Filing 30 MOTION to Compel Compliance with Notices of Inspection, filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A (Notices of Inspection), #2 Exhibit B (Letter dated November 15, 2017), #3 Exhibit C (USDA Inspection Report dated March 31, 2017), #4 Exhibit D (Email correspondence date November 20, 2017), #5 Exhibit E (Email dated November 22, 2017), #6 Exhibit F (Proposed Order))(Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]

November 9, 2017

Filing 29 NOTICE of Filing and Certificate of Service for Docket Nos. #26 , #27 , and #28 by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. (Ciborowski, Yeny) Modified on 11/13/2017 to create link to related documents (LBT). [Transferred from Indiana Southern on 7/2/2021.]

November 9, 2017

Filing 28 DECLARATION of Brittany Peet re #26 Motion to Dismiss for Failure to State a Claim, #27 Brief/Memorandum in Support by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 (PETA Press Release dated October 3, 2017))(Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]

November 9, 2017

Filing 27 BRIEF/MEMORANDUM in Support re #26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Counter Defendant PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]

November 9, 2017

Filing 26 MOTION TO DISMISS Counterclaim FOR FAILURE TO STATE A CLAIM , filed by Counter Defendant PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Ciborowski, Yeny) Modified on 11/13/2017 (LBT). [Transferred from Indiana Southern on 7/2/2021.]

October 30, 2017

Filing 25 ORDER Extending Temporary Restraining Order - Hearing on Plaintiff's #4 Motion for Temporary Restraining Order held 10/19/17 before Judge Richard L. Young. Plaintiff's Motion for Temporary Restraining Order (Filing No. 4) isGRANTED and Defendant's Objection to Issuance of Temporary Restraining Order (Filing No. 24) is OVERRULED. Preliminary Injunction Hearing is set for 1/24/2018 at 10:00 AM in room #301, United States Courthouse, 101 Northwest MLK Boulevard, Evansville, Indiana before Judge Richard L. Young. Signed by Judge Richard L. Young. (Court Reporter Maggie Techert.)(TMD) [Transferred from Indiana Southern on 7/2/2021.]

October 19, 2017

Filing 24 OBJECTION to Issuance of #19 Temporary Restraining Order, filed by Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Rush, Charles) Modified on 10/20/2017 to accurately describe document and create link to related document (LBT). [Transferred from Indiana Southern on 7/2/2021.]

October 19, 2017

Filing 23 ANSWER to #1 Complaint for Injunctive and other relief and, COUNTERCLAIM against All Plaintiffs, filed by All Defendants.(Rush, Charles) [Transferred from Indiana Southern on 7/2/2021.]

October 6, 2017

Filing 22 Summons Issued as to TIMOTHY L. STARK and WILDLIFE IN NEED AND WILDLIFE IN DEED, INC. (LBT) [Transferred from Indiana Southern on 7/2/2021.]

October 5, 2017

Filing 21 Proposed Summons submitted for issuance by the clerk as to TIMOTHY L. STARK. (Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]

October 5, 2017

Filing 20 Proposed Summons submitted for issuance by the clerk as to WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]

October 4, 2017

Filing 19 ENTRY GRANTING MOTION FOR TEMPORARY RESTRAINING ORDER - #4 Motion for Temporary Restraining Order is GRANTED. Hearing on the Motion is continued to 10/19/2017 at 1:00 PM (Central Time) in room #301, United States Courthouse, 101 Northwest MLK Boulevard, Evansville, Indiana before Judge Richard L. Young. See Entry for additional details. Signed by Judge Richard L. Young on 10/4/2017.(LBT) [Transferred from Indiana Southern on 7/2/2021.]

October 4, 2017

Filing 18 Minute Entry for telephonic conference held 10/03/17 before Judge Richard L. Young. The conference was held and the court enters temporary relief by separate order. (TMD) [Transferred from Indiana Southern on 7/2/2021.]

October 3, 2017

Filing 17 NOTICE of Appearance by Charles Richard Rush on behalf of Defendants MELISA D. STARK, TIMOTHY L. STARK, WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.. (Rush, Charles) [Transferred from Indiana Southern on 7/2/2021.]

October 3, 2017

Filing 15 SCHEDULING ORDER: Telephone Conference is set for 10/3/2017 at 3:00 PM (Eastern Time) before Judge Richard L. Young. The information needed to participate in this telephonic conference will be provided by a separate notification. Signed by Judge Richard L. Young on 10/3/2017.(TMD) [Transferred from Indiana Southern on 7/2/2021.]

October 2, 2017

Filing 14 NOTICE of Appearance by Paul T. Olszowka on behalf of Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Olszowka, Paul) [Transferred from Indiana Southern on 7/2/2021.]

October 2, 2017

Filing 13 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (LBT) [Transferred from Indiana Southern on 7/2/2021.]

October 2, 2017

Filing 12 Summons Issued as to MELISA D. STARK. (LBT) [Transferred from Indiana Southern on 7/2/2021.]

October 2, 2017

Filing 11 NOTICE of Appearance by Brian W. Lewis on behalf of Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Lewis, Brian) [Transferred from Indiana Southern on 7/2/2021.]

September 29, 2017

Filing 10 NOTICE of Filing and Certificate of Service for Docket Nos. 4, 5, 6, 7, 8, and 9 by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. (Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]

September 29, 2017

Filing 9 DECLARATION of Yaniv Schiff re #4 Motion for TRO, #5 Brief/Memorandum in Support by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit 1 (Wildlife In Need Facebook Page), #2 Exhibit 2 (Wildlife In Need Eventbrite Page))(Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]

September 29, 2017

Filing 8 DECLARATION of Jay Pratte re #4 Motion for TRO, #5 Brief/Memorandum in Support by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]

September 29, 2017

Filing 7 DECLARATION of Jennifer Conrad, D.V.M. re #4 Motion for TRO, #5 Brief/Memorandum in Support by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]

September 29, 2017

Filing 6 DECLARATION of Yeny C. Ciborowski re #5 Brief/Memorandum in Support, #4 Motion for TRO by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]

September 29, 2017

Filing 5 BRIEF/MEMORANDUM in Support re #4 MOTION for Temporary Restraining Order , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]

September 29, 2017

Filing 4 MOTION for Temporary Restraining Order , filed by Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]

September 29, 2017

Filing 3 Corporate Disclosure Statement by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]

September 29, 2017

Filing 2 NOTICE of Appearance by Yeny C. Ciborowski on behalf of Plaintiff PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]

September 29, 2017

Filing 1 COMPLAINT FOR INJUNCTIVE AND OTHER RELIEF (VERIFIED) against All Defendants, filed by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Filing fee $400, receipt number 0756-4563554) (Attachments: #1 Exhibit A (Notice of Intent to Sue), #2 Civil Cover Sheet, #3 Proposed Summons)(Ciborowski, Yeny) [Transferred from Indiana Southern on 7/2/2021.]

Search for this case: PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. v. LOWE
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Defendant: TIMOTHY L. STARK
Represented By:	Charles Richard Rush
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Defendant: MELISA D. STARK
Represented By:	J. Clayton Culotta
Represented By:	Charles Richard Rush
Represented By:	Jennifer H. Culotta
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Defendant: WILDLIFE IN NEED AND WILDLIFE IN DEED, INC.
Represented By:	J. Clayton Culotta
Represented By:	Charles Richard Rush
Represented By:	Jennifer H. Culotta
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Defendant: JEFFREY L. LOWE
Represented By:	Daniel J Card
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Plaintiff: People for the Ethical Treatment of Animals Inc
Represented By:	Gabriel Zane Walters
Represented By:	Caitlin Hawks
Represented By:	John Seber
Represented By:	Brian W. Lewis
Represented By:	Asher Smith
Represented By:	Paul T. Olszowka
Represented By:	Yeny C. Ciborowski
Represented By:	Heather L Hintz
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