Civil Rights Litigation Clearinghouse

Case: Wilson v. Allen County

1:15-cv-00402 | U.S. District Court for the Northern District of Indiana

Filed Date: Dec. 31, 2015

Closed Date: April 1, 2020

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Case Summary

On December 31, 2015, three indigent individuals residing in Indiana filed this putative class-action lawsuit in the United States District Court for the Northern District of Indiana. Plaintiffs filed a third amended complaint on August 19, 2016. The plaintiffs sued the Allen County Council, Allen County Board of Commissioners, and Allen County Public Defender Board under 42 U.S.C. § 1983 to redress the alleged deprivation of their constitutional rights. Plaintiffs, represented by private counsel, sought declaratory and injunctive relief to prevent the Defendants from violating their Sixth and Fourteenth Amendment rights under the United States Constitution, and their equivalent provisions under the Indiana state Constitution. Plaintiffs also sought an injunction to enjoin the Defendants from making expenditures of funds on indigent defense services likely to result in violations of constitutional rights. Lastly, plaintiffs sought costs and attorneys' fees. This case was initially assigned to Judge Philip P. Simon.

The plaintiffs proposed a class defined as, “all individuals who have or will have misdemeanor criminal cases pending in the courts of Allen County, Indiana, who have or will have an attorney assigned to them due to indigency and have not been convicted or entered into a plea agreement.”

Plaintiffs claimed that Defendants, for years, operated a constitutionally, structurally, and systemically deficient public defender system for indigent individuals charged with misdemeanor crimes. They alleged that these failures resulted in ineffective assistance of counsel and constructive denial of counsel for misdemeanants represented by the Allen County Public Defender Office. Defendants alleged that Plaintiffs knew about these deficiencies for at least 10 years. Plaintiffs also claimed that public defenders in Allen County had caseloads consisting of hundreds of additional misdemeanor cases; did not meaningfully conducted any legal research into Plaintiffs’ cases; did not meaningfully investigate Plaintiffs’ charges; did not file any substantive motions in the cases; did not hold a single confidential in-person meeting with Plaintiffs outside a courthouse; and devoted less than one year in whole to the defense of each of class Plaintiffs’ cases. The public defender system failed to provide clients with adequate advise, consultation, and communication with attorneys; the ability to make informed decisions about their legal rights; meaningful opportunity to present defenses against charges; proper attorney assistance prior to waiving of rights; and proper, prompt, and accurate information regarding plea alternatives, jail alternatives, and the consequences of plea agreements and criminal sentences.

Throughout 2016, the parties engaged in discovery and mediation talks. On February 15, 2017, a mediator reported that mediation talks had finished without resolution.

On May 1, 2017, the case was reassigned to Chief Judge Theresa L. Springmann. The parties continued litigation, particularly addressing discovery and class certification.

Judge Springmann denied the plaintiffs motion for class certification on August 14, 2017. She held that the defendants had raised an issue as to the plaintiffs' standing and the court's jurisdiction over the case. As such, she ruled that she could not decide class certification until issues of standing and jurisdiction had been addressed. The defendants then filed a motion to dismiss on September 17, 2017.

On June 20, 2018, Magistrate Judge Susan Collins stayed proceedings on the defendants' motion to dismiss, sighting settlement conversations. The parties had a status conference with Judge Collins in late August where they announced officially that they had reached settlement, but that one of the three plaintiffs may not agree to sign. The contents of the settlement were not available.

Defendants moved to enforce the settlement on September 18, 2018. Judge Springmann decided to keep this motion under advisement to give the hold-out plaintiff, now proceeding pro se, time to reply. The plaintiff filed a petition for relief on November 19, 2018. The court did not issue an official order regarding these two motions until July 25, 2019, when it denied defendants motion to enforce and granted in part and denied in part the plaintiffs petition for relief. The petition was granted only insofar as it requested the defendants' motion be denied. No other additional relief was granted.

Defendants proceeded to reinstate their motion to dismiss on September 9, 2019. On February 5, 2020, after the hold-out plaintiff failed to file a timely reply, the court granted the motion as it applied to claims that she had brought individually. The other plaintiffs stipulated to dismissal of the remaining claims on April 1, 2020, and the case was subsequently dismissed with prejudice the same day. This case is now closed.

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Summary Authors

Nili Blanck (6/10/2018)

Alex Moody (4/19/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6187449/parties/wilson-v-allen-county/

Judge(s)

Springmann, Theresa Lazar (Indiana)

Attorneys(s) for Plaintiff

Frank, David W. (Indiana)

Myers, Christopher C. (Indiana)

Spurling-Newsome, Skyler B. (Indiana)

Attorneys(s) for Defendant

Feighner, J Spencer (Indiana)

Fishering, G William (Indiana)

Maser, Laura L. (Indiana)

Posey, James P (Indiana)

Judge(s)

Springmann, Theresa Lazar (Indiana)

Attorneys(s) for Plaintiff

Frank, David W. (Indiana)

Myers, Christopher C. (Indiana)

Spurling-Newsome, Skyler B. (Indiana)

Attorneys(s) for Defendant

Feighner, J Spencer (Indiana)

Fishering, G William (Indiana)

Maser, Laura L. (Indiana)

Posey, James P (Indiana)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:15-cv-00402	Docket [PACER]	April 1, 2020	April 1, 2020 Docket
1 1:15-cv-00402	Complaint	Dec. 31, 2015	Dec. 31, 2015 Complaint
45 1:15-cv-00402	Third Amended Class Action Complaint	Aug. 19, 2016	Aug. 19, 2016 Complaint
76 1:15-cv-00402	Opinion and Order	Aug. 14, 2017	Aug. 14, 2017 Order/Opinion
133 1:15-cv-00402	Opinion and Order Marshall v. Allen County	July 25, 2019	July 25, 2019 Order/Opinion

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Resources

Title	Description		External URL Date / External URL
Securing Reasonable Caseloads: Ethics and Law in Public Defense Norman Lefstein	Chapter 1: The Failure to Implement the Right to Counsel Due to Excessive Caseloads A. The Constitutional Right to Counsel: Brief Overview B. Excessive Workloads: A Pervasive National P…	Jan. 1, 2011	Jan. 1, 2011 http://www.americanbar.org/...
Justice Denied: America's Continuing Neglect of Our Constitutional Right to Counsel. National Right to Counsel Committee	[Edited, from the website:] [Notwithstanding the nominal right of indigent defendants to publicly provided counsel,] Today, in criminal and juvenile proceedings in state courts, somet…	April 14, 2009	April 14, 2009 http://www.constitutionproject.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/6187449/wilson-v-allen-county/

Last updated Aug. 2, 2022, 3:23 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT with JURY DEMAND against All Defendants, filed by Calvin Wilson. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Proposed Summons, # 6 Proposed Summons, # 7 Proposed Summons, # 8 Proposed Summons, # 9 Exhibit USM Form, # 10 Exhibit USM Form, # 11 Exhibit USM Form, # 12 Exhibit USM Form, # 13 Civil Cover Sheet)(Frank, David) (Entered: 12/31/2015)	Dec. 31, 2015	Dec. 31, 2015
76	OPINION AND ORDER: The Court DENIES, WITH LEAVE TO REFILE, the Plaintiff's First Amended Motion for Class Certification 48 . The Court GRANTS the Defendants until 9/15/2017, to file their Motion to Dismiss. Signed by Chief Judge Theresa L Springmann on 8/14/2017. (jss)	Aug. 14, 2017	Aug. 14, 2017 RECAP
94	OPINION AND ORDER GRANTING 88 First MOTION to Amend/Correct 85 Brief in Opposition filed by Calvin Wilson, Asia Marshall. Defendants have to and including 4/17/2018 to file a reply to the Motion to Dismiss (DE #82). Signed by Chief Judge Theresa L Springmann on 3/27/18. (ksp)	March 27, 2018	March 27, 2018 RECAP
2	MOTION for Leave to Proceed in forma pauperis accompanied by 4 copies of summons forms and 4 copies of USM−285 forms by Plaintiff Calvin Wilson. (Frank, David) (Entered: 12/31/2015)	Dec. 31, 2015	Dec. 31, 2015
	Chief Judge Philip P Simon and Magistrate Judge Susan L Collins added. NEW CASE, MOTION PENDING. (kjp) (Entered: 01/04/2016)	Jan. 4, 2016	Jan. 4, 2016
97	Extension of Time to File Response/Reply	May 14, 2018	May 14, 2018 PACER
99	Vacate	June 18, 2018	June 18, 2018 PACER
3	ORDER GRANTING 2 Motion for Leave to Proceed in forma pauperis; WAIVING the filing fee; and DIRECTING, pursuant to 28:1915(d), the USMS to effect service of process on the defendants. Signed by Chief Judge Philip P Simon on 1/6/2016. (lhc)(cc: USMS) (Entered: 01/06/2016)	Jan. 6, 2016	Jan. 6, 2016
4	Summons Issued as to Allen County, Allen County Board of Commissioners, Allen County Council, Allen County Public Defender Board. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e−mail. (lhc)(cc: USMS) (Entered: 01/06/2016)	Jan. 6, 2016	Jan. 6, 2016
104	Settlement 1 Exhibit Affidavit View on PACER	Sept. 18, 2018	Sept. 18, 2018 PACER
5	SUMMONS Returned Executed by USM obo Calvin Wilson. Allen County served on 1/15/2016, answer due 2/5/2016. (cer) (Entered: 02/03/2016)	Feb. 3, 2016	Feb. 3, 2016
105	Notice - Other	Sept. 20, 2018	Sept. 20, 2018 PACER
106	Letter	Sept. 20, 2018	Sept. 20, 2018 PACER
6	SUMMONS Returned Executed by USM obo Calvin Wilson. Allen County Council served on 1/15/2016, answer due 2/5/2016. (cer) (Entered: 02/03/2016)	Feb. 3, 2016	Feb. 3, 2016
107	Withdraw as Attorney	Sept. 20, 2018	Sept. 20, 2018 PACER
7	SUMMONS Returned Executed by USM obo Calvin Wilson. Allen County Public Defender Board served on 1/15/2016, answer due 2/5/2016. (cer) (Entered:	Feb. 3, 2016	Feb. 3, 2016
110	Continue	Oct. 1, 2018	Oct. 1, 2018 PACER
8	SUMMONS Returned Executed by USM obo Calvin Wilson. Allen County Board of Commissioners served on 1/15/2016, answer due 2/5/2016. (cer) (Entered: 02/03/2016)	Feb. 3, 2016	Feb. 3, 2016
112	Report 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER	Oct. 2, 2018	Oct. 2, 2018 PACER
9	First MOTION to Amend/Correct 1 Complaint, by Plaintiff Calvin Wilson. (Attachments: # 1 Exhibit First Amended Complaint, # 2 Exhibit IFP − Class Plaintiff Blume)(Frank, David) (Entered: 02/03/2016)	Feb. 3, 2016	Feb. 3, 2016
113	Notice of Appearance	Oct. 25, 2018	Oct. 25, 2018 PACER
10	NOTICE of Appearance by Laura L Maser on behalf of Allen County, Allen County Board of Commissioners (Maser, Laura) (Entered: 02/09/2016)	Feb. 9, 2016	Feb. 9, 2016
114	Report 1 Exhibit View on PACER	Oct. 29, 2018	Oct. 29, 2018 PACER
11	NOTICE of Appearance by J Spencer Feighner on behalf of Allen County Public Defender Board (Feighner, J) (Entered: 02/09/2016)	Feb. 9, 2016	Feb. 9, 2016
116	Miscellaneous Relief	Nov. 20, 2018	Nov. 20, 2018 PACER
12	NOTICE of Appearance by John O Feighner on behalf of Allen County Public Defender Board (Feighner, John) (Entered: 02/09/2016)	Feb. 9, 2016	Feb. 9, 2016
13	NOTICE of Appearance by James P Posey on behalf of Allen County Council (Posey, James) (Entered: 02/09/2016)	Feb. 9, 2016	Feb. 9, 2016
117	Certificate of Service	Nov. 26, 2018	Nov. 26, 2018 PACER
14	NOTICE of Hearing: Telephonic Rule 16 Preliminary Pretrial Conference set for 3/14/2016 10:30 AM in US District Court − Fort Wayne before Magistrate Judge Susan L Collins. Court to initiate call.(mr) (Entered: 02/10/2016)	Feb. 10, 2016	Feb. 10, 2016
	Order on Motion for Extension of Time to File Response/Reply	Dec. 10, 2018	Dec. 10, 2018 PACER
121	Response to Motion	Dec. 13, 2018	Dec. 13, 2018 PACER
15	MAGISTRATE JUDGE CONSENT FORMS sent to all parties (Standard Track). (mr) (Entered: 02/10/2016)	Feb. 10, 2016	Feb. 10, 2016
122	Reply to Response to Motion	Dec. 20, 2018	Dec. 20, 2018 PACER
16	Joint MOTION for Extension of Time to File Answer by Defendant Allen County Public Defender Board. (Feighner, J) (Entered: 02/10/2016)	Feb. 10, 2016	Feb. 10, 2016
17	ENTRY for Magistrate Judge Susan Collins: The unopposed 16 Agreed Motion for Extension of Time is granted. Dfts granted to and including 3/28/2016 to file their responses to Pla's 1 Complaint. So Ordered. (mr) (Entered: 02/10/2016)	Feb. 10, 2016	Feb. 10, 2016
125	Order Reassigning Case	May 1, 2019	May 1, 2019 PACER
126	Miscellaneous Relief	May 9, 2019	May 9, 2019 PACER
18	ORDER granting in part and denying in part 9 Motion to Amend: it is GRANTED in that the Clerk is DIRECTED to show Plaintiffs First Amended Complaint (DE 9−1) filed; Plaintiffs request to remove the jury demand is DENIED without prejudice. Signed by Magistrate Judge Susan L Collins on 2/23/16. (mc) (Entered: 02/23/2016)	Feb. 23, 2016	Feb. 23, 2016
19	FIRST AMENDED COMPLAINT against Allen County, Allen County Board of Commissioners, Allen County Council, Allen County Public Defender Board, filed by Calvin Wilson.(mc) (Entered: 02/23/2016)	Feb. 23, 2016	Feb. 23, 2016
127	Miscellaneous Relief	May 10, 2019	May 10, 2019 PACER
20	REPORT of Rule 26(f) Planning Meeting. (Posey, James) (Entered: 03/10/2016)	March 10, 2016	March 10, 2016
128	Order Reassigning Case	May 10, 2019	May 10, 2019 PACER
129	Order Reassigning Case	May 14, 2019	May 14, 2019 PACER
21	TELEPHONIC RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 3/14/2016 before Magistrate Judge Susan L Collins. Pla appeared by atty David Frank. Dfts appeared by attys Laura Maser, James Posey and Spencer Feighner. The 20 Report of the Parties Planning Meeting is approved in all respects (except dispositive motions deadline and establishment of a trial date) and is hereby made an ORDER of the Court. The Summary Judgment deadline in Fed.R.Civ.P. 56(b) SHALL NOT control. Any dispositive motion SHALL brief out in accordance with L.R. 56−1. DISCOVERY DEADLINE is 2/20/2017. Following the close of discovery, unless otherwise ordered by the Court, the assigned District Judge will establish all further deadlines and dates. Daniel Sigler appointed as Mediator. Atty Posey to notify Mediator by letter, copy to Attys Frank, Maser and Feighner. Results of the Mediation shall be filed with the Court no later than 10 days before the Final Pretrial Conference. Magistrate Consent forms due by 4/4/2016. (FTR 1st floor.) (mr) (Entered: 03/14/2016)	March 14, 2016	March 14, 2016
130	Order	July 17, 2019	July 17, 2019 PACER
22	ANSWER to 19 Amended Complaint by Allen County, Allen County Board of Commissioners.(Maser, Laura) (Entered: 03/28/2016)	March 28, 2016	March 28, 2016
131	Withdraw as Attorney 1 Exhibit Proposed Order View on PACER	July 17, 2019	July 17, 2019 PACER
23	Defendant Allen County Council's ANSWER to 19 Amended Complaint by Allen County Council.(Posey, James) (Entered: 03/28/2016)	March 28, 2016	March 28, 2016
	ANSWER to 19 Amended Complaint by Allen County Public Defender Board.(Feighner, J) (Entered: 03/28/2016) Case: 1:15-cv-402 As of: 05/19/2020 06:47 PM EDT 5 of 13
	~Util - Terminate Motions	July 23, 2019	July 23, 2019 PACER
	~Util - Add and Terminate Attorneys	July 23, 2019	July 23, 2019 PACER
25	Second MOTION to Amend/Correct 1 Complaint, by Plaintiffs David Blume, Calvin Wilson. (Attachments: # 1 Exhibit Proposed Second Amended Complaint)(Frank, David) (Entered: 04/27/2016)	April 27, 2016	April 27, 2016
	Order	July 23, 2019	July 23, 2019 PACER
26	ORDER GRANTING 25 MOTION (Second) to Amend 1 Complaint by Plaintiffs David Blume, Calvin Wilson. Clerk DIRECTED to show Plaintiffs' Second Amended Complaint (DE [25−1) filed. Signed by Magistrate Judge Susan L Collins on 5/17/16. (cer) (Entered: 05/17/2016)	May 17, 2016	May 17, 2016
133	Order on Motion for Settlement	July 25, 2019	July 25, 2019 PACER
27	CLASS ACTION SECOND AMENDED COMPLAINT against Allen County, Allen County Board of Commissioners, Allen County Council, Allen County Public Defender Board filed by Calvin Wilson, David Blume.(cer) (Entered: 05/17/2016)	May 17, 2016	May 17, 2016
134	Extension of Time to File Document	Aug. 26, 2019	Aug. 26, 2019 PACER
28	REFILED at 29 Defendant Allen County Council's ANSWER to 27 Amended Complaint by Allen County Council.(Posey, James) Modified on 5/20/2016 show refiling due to missing page 25 on this entry (lhc). (Entered: 05/19/2016)	May 19, 2016	May 19, 2016
135	Proposed Pretrial Order	Aug. 26, 2019	Aug. 26, 2019 PACER
29	Defendant Allen County Council's ANSWER to 27 Amended Complaint, by Allen County Council.(Posey, James) Modified on 5/20/2016 to reflect correct doc link (lhc). (Entered: 05/20/2016)	May 20, 2016	May 20, 2016
	~Util - Terminate Motions	Sept. 5, 2019	Sept. 5, 2019 PACER
30	NOTICE of Appearance by Skyler B Spurling−Newsome on behalf of All Plaintiffs (Spurling−Newsome, Skyler) (Entered: 05/20/2016)	May 20, 2016	May 20, 2016
31	ANSWER to 27 Amended Complaint (Second) by Allen County, Allen County Board of Commissioners.(Maser, Laura) (Entered: 05/31/2016)	May 31, 2016	May 31, 2016
	~Util - Set Deadlines	Sept. 5, 2019	Sept. 5, 2019 PACER
	Order	Sept. 5, 2019	Sept. 5, 2019 PACER
32	ANSWER to 27 Amended Complaint (Second) by Allen County Public Defender Board.(Feighner, J) (Entered: 06/08/2016)	June 8, 2016	June 8, 2016
33	MOTION to Certify Class and BRIEF IN SUPPORT by Plaintiffs David Blume, Calvin Wilson. (Frank, David) (Entered: 06/09/2016)	June 9, 2016	June 9, 2016
137	Dismiss	Sept. 9, 2019	Sept. 9, 2019 PACER
138	Memorandum in Support 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER 4 Exhibit View on PACER	Sept. 9, 2019	Sept. 9, 2019 PACER
34	Joint MOTION for Extension of Time to File Response/Reply as to 33 MOTION to Certify Class and BRIEF IN SUPPORT by Defendant Allen County Public Defender Board. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Feighner, J) (Entered: 06/23/2016)	June 23, 2016	June 23, 2016
35	RESPONSE to Motion re 34 Joint MOTION for Extension of Time to File Response/Reply as to 33 MOTION to Certify Class and BRIEF IN SUPPORT and Brief in Support filed by David Blume, Calvin Wilson. (Attachments: # 1 Exhibit A to C)(Frank, David) (Entered: 07/06/2016)	July 6, 2016	July 6, 2016
139	Order	Oct. 10, 2019	Oct. 10, 2019 PACER
140	OPINION AND ORDER GRANTING in part and DENYING in part 137 MOTION to Dismiss Third Amended Complaint filed by Allen County Public Defender Board, Allen County Board of Commissioners, Allen County Council and ORDERING that the claims brought by Plaintiff Asia Marshall individually are hereby DISMISSED without prejudice. The case remains pending as to Plaintiff Calvin Wilson. Signed by Chief Judge Theresa L Springmann on 2/5/2020. (Copy mailed to pro se party)(bas)	Feb. 5, 2020	Feb. 5, 2020 RECAP
36	REPLY to Response to Motion re 34 Joint MOTION for Extension of Time to File Response/Reply as to 33 MOTION to Certify Class and BRIEF IN SUPPORT filed by Allen County Public Defender Board. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Feighner, J) (Entered: 07/20/2016)	July 20, 2016	July 20, 2016
	~Util - Set Hearings	March 4, 2020	March 4, 2020 PACER
37	OBJECTION by David Blume, Calvin Wilson to 36 Reply to Response to Motion, as Untimely Filed . (Frank, David) (Entered: 07/20/2016)	July 20, 2016	July 20, 2016
	Order	March 4, 2020	March 4, 2020 PACER
38	RESPONSE TO PLAINTIFFS OBJECTION TO THE FILING OF DEFENDANTS REPLY by Allen County Public Defender Board to 37 Objection . (Feighner, J) (Entered: 07/22/2016)	July 22, 2016	July 22, 2016
39	NOTICE of Hearing: Telephonic hearing on 34 Joint Motion for Extension of Time to Respond to Pla's Motion for Class Certification set for 8/4/2016 at 9:30 AM in US District Court − Fort Wayne before Magistrate Judge Susan L Collins. Court to initiate call.(mr) (Entered: 07/29/2016)	July 29, 2016	July 29, 2016
142	Dismiss	March 30, 2020	March 30, 2020 PACER
40	TELEPHONIC HEARING re 34 Dfts' Joint Motion for Extension of Time to Respond to 33 Pla's Motion for Class Certification held on 8/4/2016 before Magistrate Judge Susan L Collins. Plas appeared by atty David Frank. Dfts appeared by attys Laura Maser, James Posey, John Feighner and Spencer Feighner. Arguments heard. For reasons stated on the record, Court grants motion for limited purpose of Dfts to conduct depositions of two selected class representatives. Dfts granted to and	Aug. 4, 2016	Aug. 4, 2016
41	Third MOTION to Amend/Correct 1 Complaint, by Plaintiffs David Blume, Calvin Wilson. (Attachments: # 1 Exhibit Third Amended Complaint)(Frank, David) (Entered: 08/11/2016)	Aug. 11, 2016	Aug. 11, 2016
42	First MOTION to Amend/Correct 33 MOTION to Certify Class and BRIEF IN SUPPORT by Plaintiffs David Blume, Calvin Wilson. (Attachments: # 1 Exhibit First Amended Motion for Class Certification)(Frank, David) (Entered: 08/11/2016)	Aug. 11, 2016	Aug. 11, 2016
43	RESPONSE to Motion re 41 Third MOTION to Amend/Correct 1 Complaint, Joint Response of Defendants filed by Allen County Public Defender Board. (Feighner, John) (Entered: 08/19/2016)	Aug. 19, 2016	Aug. 19, 2016
44	ORDER GRANTING 41 Third MOTION to Amend/Correct 1 Complaint, by Plaintiffs David Blume, Calvin Wilson. The Clerk is DIRECTED to show Plaintiffs' Third Amended Complaint (DE 41 −1) filed. Signed by Magistrate Judge Susan L Collins on 8/19/2016. (lhc) (Entered: 08/22/2016)	Aug. 19, 2016	Aug. 19, 2016
45	THIRD AMENDED COMPLAINT against Allen County Board of Commissioners, Allen County Council, Allen County Public Defender Board, filed by Asia Marshall, Calvin Wilson, David Blume.(lhc) (Entered: 08/22/2016)	Aug. 19, 2016	Aug. 19, 2016
46	Defendant Allen County Council's ANSWER to 45 Amended Complaint by Allen County Council.(Posey, James) (Entered: 08/24/2016)	Aug. 24, 2016	Aug. 24, 2016
47	ORDER GRANTING 42 First MOTION to Amend/Correct 33 MOTION to Certify Class and BRIEF IN SUPPORT by Plaintiffs David Blume, Calvin Wilson. Clerk is DIRECTED to show Plaintiffs' First Amended Motion for Class Certification (DE 42 −1) filed. Signed by Magistrate Judge Susan L Collins on 8/30/2016. (lhc) (Entered: 08/30/2016)	Aug. 30, 2016	Aug. 30, 2016
48	Plaintiffs' First Amended MOTION for Class Certification by Plaintiffs David Blume, Asia Marshall, Calvin Wilson. (lhc) (Entered: 08/30/2016)	Aug. 30, 2016	Aug. 30, 2016
49	ANSWER to 45 Amended Complaint by Allen County Board of Commissioners.(Maser, Laura) (Entered: 08/31/2016)	Aug. 31, 2016	Aug. 31, 2016
50	ANSWER to 45 Amended Complaint by Allen County Public Defender Board.(Feighner, J) (Entered: 09/13/2016)	Sept. 13, 2016	Sept. 13, 2016
51	Joint MOTION for Extension of Time to File Response/Reply as to 48 MOTION to Certify Class by Defendant Allen County Board of Commissioners. (Maser, Laura) (Entered: 09/19/2016)	Sept. 19, 2016	Sept. 19, 2016
52	ENTRY for Magistrate Judge Susan Collins: 51 Dfts' Joint Motion for Extension of Time is granted. Dfts granted to and including 10/31/2016 to respond to 48 Plas' Motion for Class Certification. So Ordered.(mr) (Entered: 09/20/2016)	Sept. 20, 2016	Sept. 20, 2016
53	Joint MOTION for Extension of Time to Complete Discovery , MOTION for Extension of Time to File Response/Reply as to 52 Order on Motion for Extension of Time to File Response/Reply, 21 Rule 16 Preliminary Pretrial Conference,,,, by Plaintiffs David Blume, Asia Marshall, Calvin Wilson. (Frank, David) (Entered: 10/20/2016)	Oct. 20, 2016	Oct. 20, 2016
54	NOTICE of Hearing: Telephonic hearing re 53 Joint Motion to Extend Discovery Deadlines set for 10/28/2016 at 10:00 AM in US District Court − Fort Wayne before Magistrate Judge Susan L Collins. Court to initiate call.(mr) (Entered: 10/20/2016)	Oct. 20, 2016	Oct. 20, 2016
55	TELEPHONIC HEARING re 53 Joint Motion to Extend Discovery Deadlines held on 10/28/2016 before Magistrate Judge Susan L Collins. Plas appeared by atty David Frank. Dfts appeared by attys Laura Maser, James Posey, and John Feighner. Court grants motion. Plas' expert witness disclosures and reports to be delivered to the Dfts by 2/20/2017. Dfts expert witness disclosures and reports to be delivered to the Plas by 3/20/2017. Discovery deadline extended to and including 4/20/2017. Dfts to Respond to 48 Plas' First Amended Motion for Class Certification by 2/4/2017. (FTR 1st floor.) (mr) (Entered: 10/28/2016)	Oct. 28, 2016	Oct. 28, 2016
	Letter from Daniel J. Sigler advising of mediation schedule. (lhc) (Entered: 11/01/2016) Case: 1:15-cv-402 As of: 05/19/2020 06:47 PM EDT 7 of 13
57	OBJECTION by Allen County, Allen County Board of Commissioners, Allen County Council, Allen County Public Defender Board to 48 MOTION to Certify Class . (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Posey, James) (Entered: 02/06/2017)	Feb. 6, 2017	Feb. 6, 2017
58	REPLY to Response to Motion re 48 MOTION to Certify Class filed by David Blume, Asia Marshall, Calvin Wilson. (Frank, David) (Entered: 02/10/2017)	Feb. 10, 2017	Feb. 10, 2017
59	REPORT of Mediation by Dan L Sigler advising that resolution was not achieved.(lhc) (Entered: 02/15/2017)	Feb. 15, 2017	Feb. 15, 2017

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Case Details

State / Territory: Indiana

Case Type(s):

Indigent Defense

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 31, 2015

Closing Date: April 1, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All individuals who have or will have misdemeanor criminal cases pending in the courts of Allen County, Indiana, who have or will have an attorney assigned to them due to indigency and have not been convicted or entered into a plea agreement.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Allen County Council (Allen County), County

Allen County (Allen County), County

Allen County Public Defender Board (Allen County), County

Allen County Board of Commissioners (Allen County), County

Case Details