1
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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)
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Dec. 31, 2015
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Dec. 31, 2015
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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)
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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)
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March 27, 2018
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March 27, 2018
RECAP
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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)
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Dec. 31, 2015
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Dec. 31, 2015
|
|
Chief Judge Philip P Simon and Magistrate Judge Susan L Collins added. NEW CASE, MOTION PENDING. (kjp) (Entered: 01/04/2016)
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Jan. 4, 2016
|
Jan. 4, 2016
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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)
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Jan. 6, 2016
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Jan. 6, 2016
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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)
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Jan. 6, 2016
|
Jan. 6, 2016
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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
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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:
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Feb. 3, 2016
|
Feb. 3, 2016
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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
|