Case: Driver v. Marion County Sheriff

1:14-cv-02076 | U.S. District Court for the Southern District of Indiana

Filed Date: Dec. 19, 2014

Case Ongoing

Clearinghouse coding complete

Case Summary

On December 19, 2014, individuals who were incarcerated in the Marion County correctional system filed this class-action lawsuit in the US District Court for the Southern District of Indiana. The plaintiffs sued the Marion County Sheriff and the Consolidated City of Indianapolis and Marion County under 42 U.S.C. § 1983. Represented by private counsel, the plaintiffs sought money damages for a class of individuals who were incarcerated in the Marion County correctional system for unreasonable p…

On December 19, 2014, individuals who were incarcerated in the Marion County correctional system filed this class-action lawsuit in the US District Court for the Southern District of Indiana. The plaintiffs sued the Marion County Sheriff and the Consolidated City of Indianapolis and Marion County under 42 U.S.C. § 1983. Represented by private counsel, the plaintiffs sought money damages for a class of individuals who were incarcerated in the Marion County correctional system for unreasonable periods of time. The plaintiffs claimed the defendants violated their Fourth Amendment right to protection against unreasonable seizures and detentions and their Fourteenth Amendment right to due process. The plaintiffs also alleged the defendants incarcerated the plaintiffs for longer than legally authorized because the plaintiffs were detained after their release was ordered and/or after the legal authority for their detention had ceased. The case was assigned to Judge Richard L. Young.

The Marion County Sheriff's Department stated to multiple individuals that the sheriff had a period of seventy-two hours after a release order to process prisoners out of jail. The plaintiffs argued that this is an unreasonable period of time. Additionally, the Sheriff had a practice of re-arresting and re-imprisoning individuals who had been released on their own recognizance or had their charges vacated or dismissed, at which point the Sheriff no longer had any legal right to detain them. The plaintiffs claimed that these procedures constituted unreasonable seizures and detentions, deprivation of liberty without due process, false imprisonment, and negligence. The plaintiffs sought the creation of a common fund from which all class members could claim compensatory damages and attorneys' fees and costs.

Early in the litigation, the plaintiffs filed three separate amended complaints. The third amended complaint, filed on May 13, 2015, added three plaintiffs and factual allegations to accommodate the new plaintiffs.

Two days prior, on May 11, 2015, a non-party to this case filed a motion to transfer this case to the Indiana Supreme Court. The court denied this motion on October 14, 2015, reasoning that the moving party was not a party to this action nor could he be a member of the putative class because the class had not yet been certified. Furthermore, Judge Dinsmore noted that the court did not have the authority to transfer the case to the Indiana Supreme Court. (Two-and-half years later, on January 19, 2018, this non-party filed a notice of appeal of this decision. The U.S. Court of Appeals for the Seventh Circuit dismissed the appeal, however, noting that this pro se appellant had neither paid the $505.00 appellate fees nor filed a motion for leave to proceed on appeal in forma pauperis in the district court.)

On October 15, 2015, the plaintiffs moved for class certification of a general class and five subclasses. The general class consisted of "all individuals who, from December 19, 2012 to the present, were held in confinement by the Marion County Sheriff after legal authority for those detentions ceased." The five subclasses were based on the reasons the Sheriff ceased to have authority. The reasons were that the defendants were: "operating under a standard of seventy-two (72) hours to release prisoners who are ordered released" (72-hour subclass); "not accepting cash or surety bonds but instead outsourcing the payment and processing of these bonds to the Marion County Clerk" (cash subclass); "employing a computer system inadequate for the purposes intended with respect to the timely release of prisoners" (computer system subclass); "re-arresting and imprisoning individuals who are released on their own recognizance, found not guilty or acquitted, or who have had their criminal charges vacated or dismissed, and for whom the Sheriff no longer has any legal right to detain" (wrongful arrest subclass); and, "keeping inmates imprisoned who the courts have released to Community Corrections for electronic monitoring" (Community Corrections subclass).

On September 30, 2016, the district court entered an order granting in part and denying in part the plaintiffs' motion for class certification. Judge Young granted the motion as to the wrongful arrest subclass and the Community Corrections subclass. The class was certified as:

"All individuals who, from December 19, 2012, to the present, were held in confinement by the Sheriff after legal authority for those detentions ceased due to the Sheriff’s policies or practices of: (1) re-arresting and imprisoning individuals who are released on their own recognizance, found not guilty or acquitted, or who have had their criminal charges vacated or dismissed; and (2) keeping inmates imprisoned who the courts have released to Community Corrections for electronic monitoring."

The court denied the motion as to the 72-hour subclass, the cash subclass, and the computer system subclass. Dissatisfied with this order, the plaintiffs appealed the district court's denial as to the 72-hour and computer system subclasses. 2016 WL 5946839. Subsequently, on November 2, 2016, the plaintiffs filed a motion to stay case proceedings pending resolution of this appeal.

On December 5, 2016, Judge Dinsmore filed a report and recommendation regarding the plaintiffs' motion to stay, recommending that the court grant the motion. Agreeing with Judge Dinsmore, Judge Young adopted the report and granted the motion.

On June 15, 2017, the Seventh Circuit issued an opinion vacating the district court's decision and remanding the case. In this opinion, the appeals court found the district court's reasoning for denying the computer system subclass to be without base. Moreover, the Seventh Circuit noted that the district court erred in relying on a 48-hour presumption of reasonableness with regard to detention as a basis for denying certification of the 72-hour subclass. 859 F.3d 489. Given this opinion, the plaintiffs moved to amend the class certification order on July 10, 2017, asking the district court to certify the computer system subclass and modify its 48-hour presumption to a 6-hour presumption. In response, on September 19, 2017, arguing that the Seventh Circuit's opinion did not order the district court to certify the two subclasses, the defendants filed a motion to set a class certification hearing to resolve factual disputes.

Agreeing with the defendants, the district court granted the defendants' motion for hearing and denied the plaintiffs' motion on December 14, 2017. The hearing was originally set for February 16, 2018, but was later rescheduled and held on October 8, 2018. The court certified the class of plaintiffs on November 5, 2019 with respect to the following classes: 1) the Sheriff's practice of operating under a standard allowing up to 72 hours to release prisoners who are ordered released; and 2) the Sheriff's practice of employing a computer system inadequate for the purposes intended with respect to the timely release of prisoners.

On June 28, 2019, Indianapolis and Marion County moved for summary judgment. That same day, several of the named defendants also filed for partial summary judgment. As of April 9, 2020, they are still awaiting a ruling on these motions.

This case is ongoing as of April 9, 2020.

Summary Authors

Anna Jones (11/9/2015)

Jake Parker (6/26/2018)

Alex Moody (4/9/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5204600/parties/driver-v-marion-county-sheriff/


Judge(s)

Dinsmore, Mark. J. (Indiana)

Young, Richard L. (Indiana)

Attorneys(s) for Plaintiff

Boldt, Matthew C. (Indiana)

Waples, Richard A. (Indiana)

Attorneys(s) for Defendant

Bowman, Daniel (Indiana)

Dinges, Amanda J. (Indiana)

Overholt, Anthony W. (Indiana)

Schneeman, Pamela G. (Indiana)

Other Attorney(s)

Active

Judge(s)

Dinsmore, Mark. J. (Indiana)

Young, Richard L. (Indiana)

Attorneys(s) for Plaintiff

Boldt, Matthew C. (Indiana)

Waples, Richard A. (Indiana)

Attorneys(s) for Defendant

Bowman, Daniel (Indiana)

Dinges, Amanda J. (Indiana)

Overholt, Anthony W. (Indiana)

Schneeman, Pamela G. (Indiana)

Other Attorney(s)

McDermott, Richard G. (Indiana)

Documents in the Clearinghouse

Document

1:14-cv-02076

Docket [PACER]

May 1, 2020

May 1, 2020

Docket
1

1:14-cv-02076

Plaintiffs' Class Action Complaint

Dec. 19, 2014

Dec. 19, 2014

Complaint
38

1:14-cv-02076

Plaintiffs' Third Amended Class Action Complaint

May 5, 2015

May 5, 2015

Complaint
52

1:14-cv-02076

Motion for Entry of Stipulated Protective Order

June 19, 2015

June 19, 2015

Pleading / Motion / Brief
52-1

1:14-cv-02076

Stipulated Protective Order

June 19, 2015

June 19, 2015

Pleading / Motion / Brief
171

1:14-cv-02076

Entry on Plaintiffs' Motion for Class Certification

2016 WL 5946839

Sept. 30, 2016

Sept. 30, 2016

Order/Opinion
184

1:14-cv-02076

Report and Recommendation

Dec. 5, 2016

Dec. 5, 2016

Magistrate Report/Recommendation
00713028274

1:14-cv-02076

16-04239

Final Judgment

U. S. Court of Appeals for the Seventh Circuit

859 F.3d 489

July 10, 2017

July 10, 2017

Order/Opinion
390

1:14-cv-02076

Entry on Plaintiffs' Motion for Class Certification (on remand from the Seventh Circuit)

Nov. 5, 2019

Nov. 5, 2019

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5204600/driver-v-marion-county-sheriff/

Last updated Aug. 27, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against THE MARION COUNTY SHERIFF, filed by All Plaintiffs. (Filing fee $400, receipt number 0756-3293099) (Attachments: # 1 Proposed Summons, # 2 Civil Cover Sheet)(Waples, Richard) (Entered: 12/19/2014)

1 Proposed Summons

View on PACER

2 Civil Cover Sheet

View on PACER

Dec. 19, 2014

Dec. 19, 2014

RECAP
2

NOTICE of Appearance by Richard A. Waples on behalf of Plaintiffs TERRY CLAYTON, MICHAEL DRIVER. (Waples, Richard) (Entered: 12/19/2014)

Dec. 19, 2014

Dec. 19, 2014

PACER
3

NOTICE of Appearance by John P. Young on behalf of Plaintiffs TERRY CLAYTON, MICHAEL DRIVER. (Young, John) (Entered: 12/19/2014)

Dec. 19, 2014

Dec. 19, 2014

PACER
4

Summons Issued as to MARION COUNTY SHERIFF. (NRN) (Entered: 12/22/2014)

Dec. 22, 2014

Dec. 22, 2014

PACER
5

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (NRN) (Entered: 12/22/2014)

Dec. 22, 2014

Dec. 22, 2014

PACER
6

NOTICE of Appearance by Anthony W. Overholt on behalf of Defendant MARION COUNTY SHERIFF. (Overholt, Anthony) (Entered: 12/23/2014)

Dec. 23, 2014

Dec. 23, 2014

PACER
7

RETURN of Service by CMRRR, filed by MICHAEL DRIVER, TERRY CLAYTON. MARION COUNTY SHERIFF served on 12/23/2014. (Attachments: # 1 Certified Mail Card)(Waples, Richard) (Entered: 01/05/2015)

1 Certified Mail Card

View on PACER

Jan. 5, 2015

Jan. 5, 2015

PACER
8

NOTICE of Appearance by Adriana Katzen on behalf of Defendant MARION COUNTY SHERIFF. (Katzen, Adriana) (Entered: 01/08/2015)

Jan. 8, 2015

Jan. 8, 2015

PACER
9

NOTICE of Parties' First Extension of Time, filed by Defendant MARION COUNTY SHERIFF. (Katzen, Adriana) (Entered: 01/09/2015)

Jan. 9, 2015

Jan. 9, 2015

PACER
10

SCHEDULING ORDER: The Initial Pretrial Conference is set for 2/24/2015 at 9:00 AM in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore. SEE ORDER FOR DETAILS. Signed by Magistrate Judge Mark J. Dinsmore on 1/9/2015. (BGT) (Entered: 01/09/2015)

Jan. 9, 2015

Jan. 9, 2015

PACER
11

DISCOVERY Notice of Service of Discovery Requests, filed by Plaintiffs TERRY CLAYTON, MICHAEL DRIVER.(Young, John) (Entered: 01/14/2015)

Jan. 14, 2015

Jan. 14, 2015

PACER
12

AMENDED COMPLAINT against MARION COUNTY SHERIFF, filed by MICHAEL DRIVER, TERRY CLAYTON.(Waples, Richard) (Entered: 02/09/2015)

Feb. 9, 2015

Feb. 9, 2015

PACER
13

Agreed CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs MICHAEL BOYD, TERRY CLAYTON, MICHAEL DRIVER, NICHOLAS SWORDS . (Waples, Richard) (Entered: 02/20/2015)

Feb. 20, 2015

Feb. 20, 2015

RECAP
14

Unopposed MOTION for Extension of Time to 03/09/2015 to File Answer, filed by Defendant MARION COUNTY SHERIFF. (Attachments: # 1 Text of Proposed Order Granting Enlargement of Time to Answer)(Overholt, Anthony) (Entered: 02/23/2015)

1 Text of Proposed Order Granting Enlargement of Time to Answer

View on PACER

Feb. 23, 2015

Feb. 23, 2015

PACER
15

ORDER granting 14 Motion for Extension of Time. Defendant is granted an enlargement of time to and including March 9, 2015 in which to answer or otherwise respond to Plaintiffs' Amended Complaint. Signed by Magistrate Judge Mark J. Dinsmore on 2/24/2015. (MGG) (Entered: 02/25/2015)

Feb. 24, 2015

Feb. 24, 2015

PACER
16

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Initial Pretrial Conference held on 2/24/2015. The Court will approve the Case Management Plan, by separate order, with the changes to which the parties have agreed. Plaintiffs report they intend to move shortly to amend to complaint to add another sub-class. Settlement Conference set for 3/18/2016 at 09:00 AM in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore. Status Conference set for 4/16/2015 at 03:00 PM in Telephonic before Magistrate Judge Mark J. Dinsmore. *see order for additional information adn deadlines*. Signed by Magistrate Judge Mark J. Dinsmore. (NLR) (Entered: 02/27/2015)

Feb. 27, 2015

Feb. 27, 2015

PACER
17

ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Discovery due by 3/18/2016. Dispositive Motions due by 4/18/2016. Signed by Magistrate Judge Mark J. Dinsmore on 2/27/2015.(CBU) (Entered: 02/27/2015)

Feb. 27, 2015

Feb. 27, 2015

PACER
18

NOTICE of Appearance by Richard A. Waples on behalf of Plaintiffs MICHAEL BOYD, NICHOLAS SWORDS. (Waples, Richard) (Entered: 03/02/2015)

March 2, 2015

March 2, 2015

PACER
19

NOTICE of Appearance by John P. Young on behalf of Plaintiffs MICHAEL BOYD, NICHOLAS SWORDS. (Young, John) (Entered: 03/03/2015)

March 3, 2015

March 3, 2015

PACER
20

CERTIFICATE OF SERVICE re 19 NOTICE of Appearance by John P. Young on behalf of Plaintiffs MICHAEL BOYD, NICHOLAS SWORDS. (Young, John) Modified on 3/10/2015 (NRN). (Entered: 03/09/2015)

March 9, 2015

March 9, 2015

PACER
21

AMENDED COMPLAINT Second against MARION COUNTY SHERIFF, filed by All Plaintiffs.(Waples, Richard) (Entered: 03/24/2015)

March 24, 2015

March 24, 2015

PACER
22

NOTICE of Appearance by Richard A. Waples on behalf of Plaintiff ROY SHOFNER. (Waples, Richard) Modified on 3/25/2015 (NRN). (Entered: 03/24/2015)

March 24, 2015

March 24, 2015

PACER
23

NOTICE of Appearance by John P. Young on behalf of Plaintiff ROY SHOFNER. (Young, John) (Entered: 03/26/2015)

March 26, 2015

March 26, 2015

PACER
24

NOTICE of Service of Initial Disclosures, filed by Plaintiffs MICHAEL BOYD, TERRY CLAYTON, MICHAEL DRIVER, ROY SHOFNER, NICHOLAS SWORDS. (Waples, Richard) (Entered: 04/02/2015)

April 2, 2015

April 2, 2015

PACER
25

ANSWER to 21 Amended Complaint Second, filed by MARION COUNTY SHERIFF.(Overholt, Anthony) (Entered: 04/07/2015)

April 7, 2015

April 7, 2015

PACER
27

Exhibit List Preliminary, filed by Plaintiffs MICHAEL BOYD, TERRY CLAYTON, MICHAEL DRIVER, ROY SHOFNER, NICHOLAS SWORDS. (Waples, Richard) (Entered: 04/08/2015)

April 8, 2015

April 8, 2015

PACER
28

Witness List Preliminary, filed by Plaintiffs MICHAEL BOYD, TERRY CLAYTON, MICHAEL DRIVER, ROY SHOFNER, NICHOLAS SWORDS. (Waples, Richard) (Entered: 04/08/2015)

April 8, 2015

April 8, 2015

PACER
29

NOTICE of Appearance by Amanda J. Dinges on behalf of Defendant MARION COUNTY SHERIFF. (Dinges, Amanda) (Entered: 04/14/2015)

April 14, 2015

April 14, 2015

PACER
30

Witness List, filed by Defendant MARION COUNTY SHERIFF, Exhibit List, filed by Defendant MARION COUNTY SHERIFF. (Overholt, Anthony) (Entered: 04/15/2015)

April 15, 2015

April 15, 2015

PACER
31

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 4/16/2015. Counsel for Plaintiff reports they will be moving to amend the complaint. The parties further report on the status of discovery and Plaintiff reports issues with Defendant's responses to discovery. Discovery Conference set for 4/21/2015 at 01:00 PM in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore.*see order for additional information*. Signed by Magistrate Judge Mark J. Dinsmore. (NLR) (Entered: 04/20/2015)

April 20, 2015

April 20, 2015

PACER
32

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Discovery Conference held on 4/21/2015. The parties discussed issues Plaintiffs have with Defendant's written discovery responses. On or before May 13, 2015 the parties shall confer, complete and file an ESI Supplement to the Report of the Parties' Planning Meeting (as found on the Court's website at www.insd.uscourts.gov/Judges/CMP_info.htm). Discovery Conference set for 5/19/2015 at 09:00 AM in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore. *see order for additional information* Signed by Magistrate Judge Mark J. Dinsmore. (NLR) Modified on 4/23/2015 (NRN). (Entered: 04/22/2015)

April 21, 2015

April 21, 2015

PACER
33

NOTICE of Service of Initial Disclosures, filed by Defendant MARION COUNTY SHERIFF. (Overholt, Anthony) (Entered: 05/04/2015)

May 4, 2015

May 4, 2015

PACER
34

Unopposed MOTION to Amend/Correct 1 Complaint, filed by Plaintiffs MICHAEL BOYD, TERRY CLAYTON, MICHAEL DRIVER, ROY SHOFNER, NICHOLAS SWORDS. (Attachments: # 1 Third Amended Complaint, # 2 Text of Proposed Order, # 3 Proposed Summons)(Waples, Richard) (Entered: 05/05/2015)

1 Third Amended Complaint

View on PACER

2 Text of Proposed Order

View on PACER

3 Proposed Summons

View on PACER

May 5, 2015

May 5, 2015

PACER
35

MOTION to Transfer Case to Indiana Supreme Court, filed by B.A. CORLEY. (Attachments: # 1 Envelope)(NRN) (Entered: 05/12/2015)

1 Envelope

View on PACER

May 11, 2015

May 11, 2015

PACER
36

MOTION to Withdraw Attorney Appearance of Adriana Katzen, filed by Defendant MARION COUNTY SHERIFF. (Attachments: # 1 Text of Proposed Order)(Dinges, Amanda) (Entered: 05/12/2015)

1 Text of Proposed Order

View on PACER

May 12, 2015

May 12, 2015

PACER
37

ORDER - granting 34 Motion for Leave to File Third Amended Complaint; GRANTS the motion pursuant to Fed. R. Civ. Pro. 15(a)(2) and Local Rule S.D. 15-1, and ORDERS that Plaintiff is granted leave to file the Third Amended Complaint. The Clerk is directed to file Plaintiff's Third Amended Complaint [Dkt. 34-1] as of the date of this order. The Court further directs the Clerk to issue the Summons to the new defendant, a copy of which was attached to Plaintiffs' Motion Dkt. 34 . Signed by Magistrate Judge Mark J. Dinsmore on 5/13/2015. (CKM) (Entered: 05/13/2015)

May 13, 2015

May 13, 2015

PACER
38

THIRD AMENDED COMPLAINT against MARION COUNTY SHERIFF, CONSOLIDATED CITY OF INDIANAPOLIS AND MARION COUNTY, filed by MICHAEL DRIVER, MICHAEL BOYD, NICHOLAS SWORDS, ROY SHOFNER, TERRY CLAYTON. c/s(CKM) Modified on 5/14/2015 (NRN). (Entered: 05/13/2015)

May 13, 2015

May 13, 2015

PACER
39

Summons Issued as to CONSOLIDATED CITY OF INDIANAPOLIS AND MARION COUNTY. (CKM) Modified on 5/14/2015 (NRN). (Entered: 05/13/2015)

May 13, 2015

May 13, 2015

PACER
40

Submission of Parties' ESI Supplement Plan, filed by Plaintiffs MICHAEL BOYD, TERRY CLAYTON, MICHAEL DRIVER, ROY SHOFNER, NICHOLAS SWORDS. (Waples, Richard) (Entered: 05/15/2015)

May 15, 2015

May 15, 2015

PACER
41

ORDER granting 36 Motion to Withdraw Attorney Appearance. Attorney Adriana Katzen is withdrawn. Signed by Magistrate Judge Mark J. Dinsmore on 5/15/2015. (MGG) (Entered: 05/15/2015)

May 15, 2015

May 15, 2015

PACER
42

NOTICE of Appearance by Matthew C. Boldt on behalf of Plaintiffs MICHAEL BOYD, TERRY CLAYTON, MICHAEL DRIVER, ROY SHOFNER, NICHOLAS SWORDS. (Boldt, Matthew) (Entered: 05/18/2015)

May 18, 2015

May 18, 2015

PACER
43

NOTICE of Appearance by Pamela G. Schneeman on behalf of Defendant CONSOLIDATED CITY OF INDIANAPOLIS AND MARION COUNTY. (Schneeman, Pamela) (Entered: 05/18/2015)

May 18, 2015

May 18, 2015

PACER
44

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Discovery Conference held on 5/19/2015. The Court and parties discussed the proposed electronic discovery plan. With the agreement of the parties, the approved Case Management Plan [Dkt. 17] is hereby amended as follows:II. Jurisdiction and Statement of Claims C. On or before August 22, 2016, and consistent with the certification provisions of Fed. R. Civ. P. 11(b), the party with the burden of proof shall file a statement of the claims or defenses it intends to prove at trial, stating specifically the legal theories upon which the claims or defenses are based. Discovery due by 8/8/2016. Dispositive Motions due by 9/8/2016. *SEE ORDER FOR ADDITIONAL INFORMATION AND DEADLINES* Discovery Conference set for 6/9/2015 at 01:30 PM in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore. Signed by Magistrate Judge Mark J. Dinsmore. (NLR) Modified on 5/21/2015 (NRN). (Entered: 05/20/2015)

May 19, 2015

May 19, 2015

PACER
45

RETURN of Service by CMRRR, filed by All Plaintiffs. CONSOLIDATED CITY OF INDIANAPOLIS AND MARION COUNTY served on 5/19/2015. (Attachments: # 1 Certified Mail Card)(Waples, Richard) (Entered: 05/21/2015)

1 Certified Mail Card

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May 21, 2015

May 21, 2015

PACER
46

Unopposed MOTION for Continuance of the June 9, 2015, ESI Conference, filed by Defendant CONSOLIDATED CITY OF INDIANAPOLIS AND MARION COUNTY. (Attachments: # 1 Text of Proposed Order)(Schneeman, Pamela) (Entered: 06/04/2015)

1 Text of Proposed Order

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June 4, 2015

June 4, 2015

PACER
47

NOTICE of Parties' First Extension of Time, filed by Defendant CONSOLIDATED CITY OF INDIANAPOLIS AND MARION COUNTY. (Schneeman, Pamela) (Entered: 06/04/2015)

June 4, 2015

June 4, 2015

PACER
48

ORDER granting 46 Motion for Continuance. The Court, having considered the City-County's unopposed motion to continue the June 9, 2015, ESI conference and being duly advised in the premises, now grants said motion. The June 9, 2015, ESI conference is thus VACATED. The Court will conduct a telephonic status conference on June 9, 2015 at 1:30 p.m. to discuss a mutually agreeable date on which the ESI conference can be rescheduled. Counsel shall attend the status conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system.Signed by Magistrate Judge Mark J. Dinsmore on 6/8/2015.(NLR) (Entered: 06/08/2015)

June 8, 2015

June 8, 2015

PACER
50

ANSWER to 38 Amended Complaint Third, filed by MARION COUNTY SHERIFF.(Overholt, Anthony) (Entered: 06/08/2015)

June 8, 2015

June 8, 2015

PACER
51

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 6/9/2015. The parties discussed a mutually convenient date to reschedule the in person ESI conference. Counsel for Plaintiff reported that there remains several other discovery issues. The parties are to meet and confer and on or before June 26, 2015 they are to e-mail the Court at MJDinsmore@insd.uscourts.gov, and a copy to each other, a brief outline of any remaining discovery disputes, their respective positions on the issues and any other documents they would like the Court to review in advance of the in-person conference. In person conference set for 6/29/2015 at 02:00 PM in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore. *see order for additional information* Signed by Magistrate Judge Mark J. Dinsmore. (NLR) (Entered: 06/09/2015)

June 9, 2015

June 9, 2015

PACER
52

MOTION for Protective Order, filed by Defendant MARION COUNTY SHERIFF. (Attachments: # 1 Text of Proposed Order Stipulated Protective Order)(Overholt, Anthony) (Entered: 06/19/2015)

1 Text of Proposed Order Stipulated Protective Order

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June 19, 2015

June 19, 2015

PACER
53

ORDER approving as amended 52 Motion for Protective Order. Signed by Magistrate Judge Mark J. Dinsmore on 6/22/2015. (CBU) (Entered: 06/22/2015)

June 22, 2015

June 22, 2015

PACER
54

NOTICE of Appearance by Daniel Bowman on behalf of Defendant CONSOLIDATED CITY OF INDIANAPOLIS AND MARION COUNTY. (Bowman, Daniel) (Entered: 06/25/2015)

June 25, 2015

June 25, 2015

PACER
55

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Discovery Conference held on 8/12/2015. The parties discussed the status of their electronic discovery plan. Discovery Conference set for 8/12/2015 at 02:00 PM in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore. *see order for additional information* Signed by Magistrate Judge Mark J. Dinsmore. (NLR) (Entered: 07/01/2015)

July 1, 2015

July 1, 2015

PACER
56

NOTICE of Withdrawal of Appearance by Pamela G. Schneeman on behalf of CONSOLIDATED CITY OF INDIANAPOLIS AND MARION COUNTY (Schneeman, Pamela) (Entered: 07/07/2015)

July 7, 2015

July 7, 2015

PACER
57

Defendant's ANSWER to 38 Amended Complaint, filed by CONSOLIDATED CITY OF INDIANAPOLIS AND MARION COUNTY.(Bowman, Daniel) (Entered: 07/07/2015)

July 7, 2015

July 7, 2015

PACER
58

DEMAND for Trial by Jury, filed by Defendant CONSOLIDATED CITY OF INDIANAPOLIS AND MARION COUNTY. (Bowman, Daniel) (Entered: 07/07/2015)

July 7, 2015

July 7, 2015

PACER
59

Notice of Service of Discovery Request to Defendant City of Indianapolis and Marion County, filed by Plaintiffs MICHAEL BOYD, TERRY CLAYTON, MICHAEL DRIVER, ROY SHOFNER, NICHOLAS SWORDS.(Young, John) Modified on 7/29/2015 (TMB). (Entered: 07/28/2015)

July 28, 2015

July 28, 2015

PACER
60

Notice of Service of Discovery Request to Defendant Marion County Sheriff, filed by Plaintiffs MICHAEL BOYD, TERRY CLAYTON, MICHAEL DRIVER, ROY SHOFNER, NICHOLAS SWORDS.(Young, John) Modified on 7/29/2015 (TMB). (Entered: 07/28/2015)

July 28, 2015

July 28, 2015

PACER
61

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Discovery Conference held on 8/12/2015. The parties reported on the status of discovery and are in the process of finalizing their revised ESI Supplement to the Case Management Plan, which the parties are ordered to file on or before August 25, 2015. In light of the current status of discovery in this matter, the Court sua sponte amends paragraph III(E) of the approved Case Management Plan as amended [Dkts. 17 & 44] as follows: E. Plaintiff(s) shall serve Defendant(s) (but not file with the Court) a statement of special damages, if any, and make a settlement demand, on or before January 18, 2016. Defendant(s) shall serve on the Plaintiff(s) (but not file with the Court) a response thereto on or before February 2, 2016. Status Conference set for 10/2/2015 at 10:30 AM in Telephonic before Magistrate Judge Mark J. Dinsmore. *see order for additional information* Signed by Magistrate Judge Mark J. Dinsmore. (NLR) (Entered: 08/14/2015)

Aug. 14, 2015

Aug. 14, 2015

PACER
62

Amended ESI Supplement to CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs MICHAEL BOYD, TERRY CLAYTON, MICHAEL DRIVER, ROY SHOFNER, NICHOLAS SWORDS . (Young, John) (Entered: 08/25/2015)

Aug. 25, 2015

Aug. 25, 2015

PACER
63

AMENDED ESI SUPPLEMENT TO CASE MANAGEMENT PLAN 62 Accepted and incorporated as paragraph III(M) of the approved Case Management Plan [Dkt. 17]. Signed by Magistrate Judge Mark J. Dinsmore on 8/31/2015.(SWM) (Entered: 08/31/2015)

Aug. 31, 2015

Aug. 31, 2015

PACER
64

SCHEDULING ORDER: Final Pretrial Conference is set for 2/9/2017 at 1:30 PM in room #349, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Richard L. Young. Jury Trial (3 days) is set for 2/21/2017 at 9:00 AM in room #349, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Richard L. Young. Signed by Judge Richard L. Young on 9/2/2015.(TMD) (Entered: 09/02/2015)

Sept. 2, 2015

Sept. 2, 2015

PACER
65

MOTION to Amend/Correct Case Management Deadline, filed by Defendants CONSOLIDATED CITY OF INDIANAPOLIS AND MARION COUNTY, MARION COUNTY SHERIFF. (Attachments: # 1 Text of Proposed Order Amending CMP Deadline)(Overholt, Anthony) (Entered: 09/15/2015)

1 Text of Proposed Order Amending CMP Deadline

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Sept. 15, 2015

Sept. 15, 2015

PACER
66

NOTICE of Service of Discovery Responses, filed by Plaintiffs MICHAEL BOYD, TERRY CLAYTON, MICHAEL DRIVER, ROY SHOFNER, NICHOLAS SWORDS.(Young, John) Modified on 9/16/2015 (NRN). (Entered: 09/15/2015)

Sept. 15, 2015

Sept. 15, 2015

PACER
67

ORDER granting Defendants' 65 Motion to Amend Case Management Deadline. The Case Management Plan is hereby amended and the deadline in which to add an additional party is extended to October 15, 2015. All other requirements of the parties' approved Case Management Plan [Dkts. 17 and 61] remain in effect. Signed by Magistrate Judge Mark J. Dinsmore on 9/16/2015. (SWM) (Entered: 09/16/2015)

Sept. 16, 2015

Sept. 16, 2015

PACER
69

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 10/2/2015. The parties reported on the status of discovery. In order to assist the Court in monitoring the ongoing discovery in this matter, on or before November 6, 2015, the parties shall jointly file a "Joint Report on the Status of Discovery" *see order for additional information* Status Conference set for 11/12/2015 at 02:00 PM in Telephonic before Magistrate Judge Mark J. Dinsmore. Signed by Magistrate Judge Mark J. Dinsmore. (NLR) (Entered: 10/05/2015)

Oct. 5, 2015

Oct. 5, 2015

PACER
70

ORDER denying non-party B.A. Corley's 35 Motion to Transfer Case to the Indiana Supreme Court (see Order). Copy to B.A. Corley via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 10/14/2015. (SWM) (Entered: 10/15/2015)

Oct. 14, 2015

Oct. 14, 2015

PACER
71

MOTION to Certify Class, filed by Plaintiffs MICHAEL BOYD, TERRY CLAYTON, MICHAEL DRIVER, ROY SHOFNER, NICHOLAS SWORDS. (Waples, Richard) Modified on 11/5/2019 (JRB). (Entered: 10/15/2015)

Oct. 15, 2015

Oct. 15, 2015

RECAP
72

BRIEF/MEMORANDUM in Support re 71 MOTION to Certify Class, filed by Plaintiffs MICHAEL BOYD, TERRY CLAYTON, MICHAEL DRIVER, ROY SHOFNER, NICHOLAS SWORDS. (Waples, Richard) (Entered: 10/15/2015)

Oct. 15, 2015

Oct. 15, 2015

RECAP
73

Designation of Evidence re 71 MOTION to Certify Class, filed by Plaintiffs MICHAEL BOYD, TERRY CLAYTON, MICHAEL DRIVER, ROY SHOFNER, NICHOLAS SWORDS. (Attachments: # 1 Exhibit A - Mark Thompson Affidavit, # 2 Exhibit B - Byron Frierson Affidavit, # 3 Exhibit C- William Young Affidavit, # 4 Exhibit D - Michael Driver Affidavit, # 5 Exhibit E - Michael Boyd Affidavit, # 6 Exhibit F - Nicholas Swords Affidavit, # 7 Exhibit G - Roy Shofner Affidavit, # 8 Exhibit H - Jane Ruemmele Affidavit, # 9 Exhibit I - Novella Nedeff Affidavit, # 10 Exhibit J - James Kissee Affidavit, # 11 Exhibit K - Kristian Law Affidavit, # 12 Exhibit L - Class member submissions, # 13 Exhibit M - Indiana Lawyer 12-22-14, # 14 Exhibit N - Def MCS 2nd Supp Answer to Interrogatories, # 15 Exhibit O - Indiana Lawyer 8-15-14, # 16 Exhibit P - Terry Clayton Affidavit, # 17 Exhibit Q - Indy Channel 12-12-2014, # 18 Exhibit MCS Document Production)(Waples, Richard) (Entered: 10/15/2015)

1 Exhibit A - Mark Thompson Affidavit

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2 Exhibit B - Byron Frierson Affidavit

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3 Exhibit C- William Young Affidavit

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4 Exhibit D - Michael Driver Affidavit

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5 Exhibit E - Michael Boyd Affidavit

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6 Exhibit F - Nicholas Swords Affidavit

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7 Exhibit G - Roy Shofner Affidavit

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8 Exhibit H - Jane Ruemmele Affidavit

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9 Exhibit I - Novella Nedeff Affidavit

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10 Exhibit J - James Kissee Affidavit

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11 Exhibit K - Kristian Law Affidavit

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12 Exhibit L - Class member submissions

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13 Exhibit M - Indiana Lawyer 12-22-14

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14 Exhibit N - Def MCS 2nd Supp Answer to Interrogatories

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15 Exhibit O - Indiana Lawyer 8-15-14

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16 Exhibit P - Terry Clayton Affidavit

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17 Exhibit Q - Indy Channel 12-12-2014

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18 Exhibit MCS Document Production

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Oct. 15, 2015

Oct. 15, 2015

PACER
74

Unopposed MOTION for Extension of Time to File Response to 11/29/15 re 71 MOTION to Certify Class, filed by Defendants CONSOLIDATED CITY OF INDIANAPOLIS AND MARION COUNTY, MARION COUNTY SHERIFF. (Attachments: # 1 Text of Proposed Order Granting Extention of Time to Respond to Motion to Certify Class)(Overholt, Anthony) (Entered: 10/21/2015)

1 Text of Proposed Order Granting Extention of Time to Respond to Motion to Certif

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Oct. 21, 2015

Oct. 21, 2015

PACER
75

ORDER granting Defendants' 74 Motion for Extension of Time to File Response to 11/30/2015 re 71 MOTION to Certify Class . Signed by Magistrate Judge Mark J. Dinsmore on 10/23/2015. (SWM) (Entered: 10/23/2015)

Oct. 23, 2015

Oct. 23, 2015

PACER
77

REPORT Parties' Joint Report on the Status of Discovery by CONSOLIDATED CITY OF INDIANAPOLIS AND MARION COUNTY, MARION COUNTY SHERIFF. (Overholt, Anthony) (Entered: 11/06/2015)

Nov. 6, 2015

Nov. 6, 2015

PACER
78

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 11/12/2015. The parties discussed issues raised in their Joint Report on the Status of Discovery [Dkt. 77.]. With the agreement of the parties, the settlement conference scheduled for March 18, 2016 is hereby CONTINUED to August 12, 2016 at 9:00 a.m. All other requirements of the Court's order dated 2/27/2015 [Dkt. 16] remain in effect. Status Conference set for 12/17/2015 at 09:10 AM in Telephonic before Magistrate Judge Mark J. Dinsmore. *see order for additional information* Signed by Magistrate Judge Mark J. Dinsmore. (NLR) (Entered: 11/13/2015)

Nov. 13, 2015

Nov. 13, 2015

PACER
79

Unopposed MOTION for Extension of Time to File Response to 1/28/16 re 71 MOTION to Certify Class, filed by Defendants CONSOLIDATED CITY OF INDIANAPOLIS AND MARION COUNTY, MARION COUNTY SHERIFF. (Attachments: # 1 Text of Proposed Order Granting Unopposed Second Motion to Extend Deadline to Respond to Motion for Class Certification)(Overholt, Anthony) (Entered: 11/30/2015)

1 Text of Proposed Order Granting Unopposed Second Motion to Extend Deadline to Re

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Nov. 30, 2015

Nov. 30, 2015

PACER
80

NOTICE of Appearance by Ameen R. Najjar on behalf of Defendant CONSOLIDATED CITY OF INDIANAPOLIS AND MARION COUNTY. (Najjar, Ameen) (Entered: 12/04/2015)

Dec. 4, 2015

Dec. 4, 2015

PACER
82

REPORT Parties' Supplemental Joint Report on Status of Discovery by All Plaintiffs. (Young, John) (Entered: 12/11/2015)

Dec. 11, 2015

Dec. 11, 2015

PACER
83

Emergency MOTION to Withdraw Attorney Appearance and for a Stay of this Litigation Pending the Appearance of Replacement Counsel, filed by Defendant CONSOLIDATED CITY OF INDIANAPOLIS AND MARION COUNTY. (Attachments: # 1 Affidavit of Douglas M. Kowalski, # 2 Text of Proposed Order)(Bowman, Daniel) (Entered: 12/14/2015)

1 Affidavit of Douglas M. Kowalski

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2 Text of Proposed Order

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Dec. 14, 2015

Dec. 14, 2015

PACER
84

REQUEST for Production of Documents, filed by Plaintiffs MICHAEL BOYD, TERRY CLAYTON, MICHAEL DRIVER, ROY SHOFNER, NICHOLAS SWORDS.(Young, John) (Entered: 12/17/2015)

Dec. 17, 2015

Dec. 17, 2015

PACER
85

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 12/17/2015. This matter comes before the Court on counsel for the City's Emergence Motion to Withdraw Attorney Appearances and for a Stay of this Litigation Pending the Appearance of Replacement Counsel. [Dkt. 83.] Following a discussion with the parties, that motion will be GRANTED IN PART and DENIED IN PART. This matter is STAYED pending further order of the Court. Counsel's motion to withdraw is taken under advisement pending the appearance of replacement counsel. Also before the Court is Defendants' Unopposed Second Motion to Extend Deadline to Respond to Motion for Class Certification. That motion is GRANTED and Defendants are granted an enlargement of time to and including February 29, 2016 in which to respond to Plaintiffs' Motion to Certify Class. Furthermore, the deadline for the parties to file their next Supplemental Joint Report on the Status of Discovery [see Dkt. 69 at 2] is hereby enlarged from January 15, 2016 to February 26, 2016. Status Conference set for 1/21/2016 at 08:40 AM in Telephonic before Magistrate Judge Mark J. Dinsmore. Signed by Magistrate Judge Mark J. Dinsmore. *see order for additional information* (NLR) (Entered: 12/18/2015)

Dec. 18, 2015

Dec. 18, 2015

PACER
86

NOTICE of Service of Request for Admissions to Defendant Marion County Sheriff, filed by Plaintiffs MICHAEL BOYD, TERRY CLAYTON, MICHAEL DRIVER, ROY SHOFNER, NICHOLAS SWORDS (Young, John) (Entered: 01/11/2016)

Jan. 11, 2016

Jan. 11, 2016

PACER
88

NOTICE of Appearance by Anthony W. Overholt on behalf of Defendant CONSOLIDATED CITY OF INDIANAPOLIS AND MARION COUNTY. (Overholt, Anthony) (Entered: 01/19/2016)

Jan. 19, 2016

Jan. 19, 2016

PACER
89

B.A. Corley's Objection to "Obstructive" Ruling. (Attachments: # 1 Envelope)(NRN) (Entered: 01/20/2016)

1 Envelope

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Jan. 19, 2016

Jan. 19, 2016

PACER
91

NOTICE OF APPEAL as to 70 Order on Motion to Transfer Case, filed by non-party B. A. CORLEY (No fee paid with this filing). **Received via email from USCA on 1/29/2016.** (Attachments: # 1 Envelope, # 2 USCA Letter)(LBT) (Entered: 01/29/2016)

1 Envelope

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2 USCA Letter

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Jan. 19, 2016

Jan. 19, 2016

PACER
90

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 1/21/2016. The parties discussed the status of discovery. The parties were asked to expedite their meet-and-confer over a pending discovery dispute and contract chambers for a telephone conference if the parties are not able to resolve their dispute. New counsel for Defendant Consolidated City of Indianapolis and Marion County has appeared. Accordingly, the motion of prior counsel for Defendant Consolidated City of Indianapolis and Marion County to withdraw their appearances in this matter [Dkt. 83] is GRANTED. The Clerk is directed to show Amanda J. Dinges, Ameen R. Najjar and Daniel P. Bowman as terminated on the docket. The December 18, 2015 stay of this matter [Dkt. 85] is hereby lifted. Status Conference set for 3/2/2016 at 10:30 AM in Telephonic before Magistrate Judge Mark J. Dinsmore. *see order for additional information* Signed by Magistrate Judge Mark J. Dinsmore. (NLR) Modified on 1/25/2016 to correct typo and filed date (NRN). (Entered: 01/22/2016)

Jan. 21, 2016

Jan. 21, 2016

PACER
92

PARTIES' SHORT RECORD re 91 Notice of Appeal - Instructions for Attorneys and Designation of Record information attached. (copy mailed to Appellant/Non-party, B. A. Corley) (LBT) (Entered: 01/29/2016)

Jan. 29, 2016

Jan. 29, 2016

PACER
93

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 91 Notice of Appeal. - for Court of Appeals Use Only. (LBT) (Entered: 01/29/2016)

Jan. 29, 2016

Jan. 29, 2016

PACER
94

USCA Case Number 16-1176 for 91 Notice of Appeal. (Attachments: # 1 PLRA Fee Notice)(LBT) (Entered: 01/29/2016)

1 PLRA Fee Notice

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Jan. 29, 2016

Jan. 29, 2016

PACER
95

MOTION to Serve More than 25 Requests for Admission, filed by Plaintiffs MICHAEL BOYD, TERRY CLAYTON, MICHAEL DRIVER, ROY SHOFNER, NICHOLAS SWORDS. (Attachments: # 1 Exhibit A - Requests for Admission, # 2 Text of Proposed Order)(Young, John) (Entered: 02/10/2016)

1 Exhibit A - Requests for Admission

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2 Text of Proposed Order

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Feb. 10, 2016

Feb. 10, 2016

PACER
96

SCHEDULING ORDER: This matter comes before the Court on Plaintiff's Motion to Serve More Than 25 Requests for Admissions [Dkt. 95]. Any response to the motion is due on or before February 16, 2016. Any reply in support of the Motion is due on or before February 18, 2016. Signed by Magistrate Judge Mark J. Dinsmore on 2/12/2016.(SWM) (Entered: 02/12/2016)

Feb. 12, 2016

Feb. 12, 2016

PACER
97

MOTION to Withdraw Attorney Appearance of Matthew C. Boldt, filed by Plaintiffs MICHAEL BOYD, TERRY CLAYTON, MICHAEL DRIVER, ROY SHOFNER, NICHOLAS SWORDS. (Attachments: # 1 Text of Proposed Order)(Young, John) (Entered: 02/15/2016)

1 Text of Proposed Order

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Feb. 15, 2016

Feb. 15, 2016

PACER
98

ORDER granting 97 Motion to Withdraw Attorney Appearance. Attorney Matthew C. Boldt withdrawn as counsel for the Plaintiffs. Signed by Magistrate Judge Mark J. Dinsmore on 2/16/2016. (CBU) (Entered: 02/16/2016)

Feb. 16, 2016

Feb. 16, 2016

PACER
99

ORDER granting Plaintiffs' 95 Motion to Serve More than 25 Requests for Admission Pursuant to Local Rule 36-1. Signed by Magistrate Judge Mark J. Dinsmore on 2/19/2016. (SWM) (Entered: 02/19/2016)

Feb. 19, 2016

Feb. 19, 2016

PACER
100

NOTICE of Service of Requests for Admission to Defendant Marion County Sheriff, filed by Plaintiffs MICHAEL BOYD, TERRY CLAYTON, MICHAEL DRIVER, ROY SHOFNER, NICHOLAS SWORDS (Young, John) (Entered: 02/19/2016)

Feb. 19, 2016

Feb. 19, 2016

PACER
101

NOTICE of Service of Discovery Requests, filed by Plaintiffs MICHAEL BOYD, TERRY CLAYTON, MICHAEL DRIVER, ROY SHOFNER, NICHOLAS SWORDS (Young, John) (Entered: 02/23/2016)

Feb. 23, 2016

Feb. 23, 2016

PACER
102

REPORT Parties Joint Report on Status of Discovery by All Plaintiffs. (Attachments: # 1 Exhibit A - proposed Quick Peek Order, # 2 Exhibit B - 37-1 letter)(Young, John) (Entered: 02/25/2016)

1 Exhibit A - proposed Quick Peek Order

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2 Exhibit B - 37-1 letter

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Feb. 25, 2016

Feb. 25, 2016

PACER
104

Third MOTION for Extension of Time to File Response to 5/2/16 re 71 MOTION to Certify Class, filed by Defendants CONSOLIDATED CITY OF INDIANAPOLIS AND MARION COUNTY, MARION COUNTY SHERIFF. (Attachments: # 1 Text of Proposed Order Granting Motion for Extension of Time to Respond to Motion for Clase Certification)(Overholt, Anthony) (Entered: 02/26/2016)

1 Text of Proposed Order Granting Motion for Extension of Time to Respond to Motio

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Feb. 26, 2016

Feb. 26, 2016

PACER
105

ORDER granting Defendants' 104 Motion for Extension of Time to File Response to 5/2/2016 re 71 MOTION to Certify Class . No further enlargements will be granted. Signed by Magistrate Judge Mark J. Dinsmore on 3/2/2016. (SWM) (Entered: 03/02/2016)

March 2, 2016

March 2, 2016

PACER
106

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 3/2/2016. The Court and parties discussed the parties' supplemental Joint Report on the Status of Discovery. [Dkt. 102.] A discussion was held regarding the parties' proposed order memorializing a "quick peek" agreement. [Dkt. 102-1.] Possible revisions to the proposed order were discussed. The parties were instructed to move for the entry of such an order if they wish it to be entered. The Court and parties also discussed a number of discovery disputes. The parties' are ordered to file their next Supplemental Joint Report on the Status of Discovery on or before March 30, 2016. Status Conference set for 3/31/2016 at 08:40 AM in Telephonic before Magistrate Judge Mark J. Dinsmore. *see order for additional information* Signed by Magistrate Judge Mark J. Dinsmore. (NLR) (Entered: 03/03/2016)

March 3, 2016

March 3, 2016

PACER
107

MANDATE of USCA as to 91 Notice of Appeal (USCA #16-1176) - IT IS ORDERED that this appeal is DISMISSED for failure to pay the required docketing fee pursuant to Circuit Rule 3(b). IT IS FURTHER ORDERED that the appellant pay the appellate fee of $505.00 to the clerk of the district court. The clerk of the district court shall collect the appellate fees from the prisoner's trust fund account using the mechanism of Section 1915(b). Newlin v. Helman, 123 F.3d 429, 433 (7th Cir. 1997). (MAG) (Entered: 03/18/2016)

March 18, 2016

March 18, 2016

PACER

Case Details

State / Territory: Indiana

Case Type(s):

Jail Conditions

Special Collection(s):

Post-WalMart decisions on class certification

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 19, 2014

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All individuals who, from December 19, 2012, to the present, were held in confinement by the Sheriff after legal authority for those detentions ceased due to the Sheriff’s policies or practices of: (1) re-arresting and imprisoning individuals who are released on their own recognizance, found not guilty or acquitted, or who have had their criminal charges vacated or dismissed; and (2) keeping inmates imprisoned who the courts have released to Community Corrections for electronic monitoring.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Marion County Sheriff (Marion), County

The Consolidated City of Indianapolis and Marion County (Marion), City

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Fines/Fees/Bail/Bond

Over/Unlawful Detention

Type of Facility:

Government-run