1
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COMPLAINT for Damages and Injunctive Relief against All Defendants, filed by All Plaintiffs. (Filing fee $400, receipt number 0756-5662867) (Attachments: # 1 Proposed Summons, # 2 Civil Cover Sheet)(Gray, Nikki) Modified on 10/7/2019 (REO). (Entered: 10/04/2019)
1 Proposed Summons summonses
View on PACER
2 Civil Cover Sheet civil cover sheet
View on PACER
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Oct. 4, 2019
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Oct. 4, 2019
Clearinghouse
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2
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NOTICE of Appearance by Nikki G. Gray on behalf of Plaintiff Keith R Crumley. (Gray, Nikki) (Entered: 10/04/2019)
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Oct. 4, 2019
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Oct. 4, 2019
PACER
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3
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Summons Issued as to DIEDRA D. BAKER, TYLER BOUMA, CORRECT CARE SOLUTIONS, TANESHA S. CREAR, KERRY J. FORESTALL, FOXWORTHY, ROBERT D. FREDERICK, INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT, KHYREE JONES, TERESA PIERCE, BRYAN K. ROACH, JOANNA SAHM, WILLIAM WEAVER. (REO) (Entered: 10/07/2019)
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Oct. 7, 2019
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Oct. 7, 2019
PACER
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4
|
MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) (Entered: 10/07/2019)
|
Oct. 7, 2019
|
Oct. 7, 2019
PACER
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5
|
Proposed Summons submitted for issuance by the clerk as to INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT, MARION COUNTY SHERIFF'S OFFICE. (Gray, Nikki) (Entered: 10/07/2019)
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Oct. 7, 2019
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Oct. 7, 2019
PACER
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6
|
NOTICE of Appearance by Justin C. Schrock on behalf of Plaintiff KEITH R. CRUMLEY. (Schrock, Justin) (Entered: 10/07/2019)
|
Oct. 7, 2019
|
Oct. 7, 2019
PACER
|
7
|
Summons Issued as to INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT, MARION COUNTY SHERIFF'S OFFICE. (NAD) (Entered: 10/08/2019)
|
Oct. 8, 2019
|
Oct. 8, 2019
PACER
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8
|
NOTICE of Appearance by Anthony W. Overholt on behalf of Defendants DIEDRA D. BAKER, TANESHA S. CREAR, KERRY J. FORESTALL, FOXWORTHY, ROBERT D. FREDERICK, JOANNA SAHM, WILLIAM WEAVER. (Overholt, Anthony) (Entered: 10/17/2019)
|
Oct. 17, 2019
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Oct. 17, 2019
PACER
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9
|
Proposed Summons submitted for issuance by the clerk as to TERESA PIERCE. (Gray, Nikki) (Entered: 10/21/2019)
|
Oct. 21, 2019
|
Oct. 21, 2019
PACER
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10
|
Summons Issued as to TERESA PIERCE. (CKM) (Entered: 10/22/2019)
|
Oct. 22, 2019
|
Oct. 22, 2019
PACER
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11
|
NOTICE of Appearance by Andrew J. Upchurch on behalf of Defendants DIEDRA D. BAKER, TYLER BOUMA, TANESHA S. CREAR, KERRY J. FORESTALL, FOXWORTHY, ROBERT D. FREDERICK, INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT, KHYREE JONES, MARION COUNTY SHERIFF'S OFFICE, TERESA PIERCE, BRYAN K. ROACH, JOANNA SAHM, WILLIAM WEAVER. (Upchurch, Andrew) (Entered: 10/23/2019)
|
Oct. 23, 2019
|
Oct. 23, 2019
PACER
|
12
|
NOTICE of Parties' First Extension of Time, filed by Defendants DIEDRA D. BAKER, TYLER BOUMA, TANESHA S. CREAR, KERRY J. FORESTALL, FOXWORTHY, ROBERT D. FREDERICK, INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT, KHYREE JONES, MARION COUNTY SHERIFF'S OFFICE, TERESA PIERCE, BRYAN K. ROACH, JOANNA SAHM, WILLIAM WEAVER. (Upchurch, Andrew) (Entered: 10/24/2019)
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Oct. 24, 2019
|
Oct. 24, 2019
PACER
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13
|
SCHEDULING ORDER: Initial Pretrial Conference set for 12/4/2019 11:00 AM (Eastern Time) in room #277, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Debra McVicker Lynch. Read this entire order carefully; it sets out the court's expectations for the conference. Signed by Magistrate Judge Debra McVicker Lynch on 10/25/2019.(SWM) (Entered: 10/28/2019)
|
Oct. 25, 2019
|
Oct. 25, 2019
PACER
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14
|
NOTICE of Appearance by Carol A. Dillon on behalf of Defendants CORRECT CARE SOLUTIONS, TERESA PIERCE. (Dillon, Carol) (Entered: 10/28/2019)
|
Oct. 28, 2019
|
Oct. 28, 2019
PACER
|
15
|
WAIVER OF SERVICE Returned Executed, filed by CORRECT CARE SOLUTIONS. CORRECT CARE SOLUTIONS waiver sent on 10/7/2019. (Dillon, Carol) (Entered: 10/28/2019)
|
Oct. 28, 2019
|
Oct. 28, 2019
PACER
|
16
|
WAIVER OF SERVICE Returned Executed, filed by TERESA PIERCE. TERESA PIERCE waiver sent on 10/7/2019. (Dillon, Carol) (Entered: 10/28/2019)
|
Oct. 28, 2019
|
Oct. 28, 2019
PACER
|
17
|
Corporate Disclosure Statement by CORRECT CARE SOLUTIONS identifying Corporate Parent CCS INTERMEDIATE HOLDINGS, LLC for CORRECT CARE SOLUTIONS.. (Dillon, Carol) (Entered: 10/28/2019)
|
Oct. 28, 2019
|
Oct. 28, 2019
PACER
|
18
|
NOTICE of Appearance by Christopher Andrew Farrington on behalf of Defendants CORRECT CARE SOLUTIONS, TERESA PIERCE. (Farrington, Christopher) (Entered: 10/28/2019)
|
Oct. 28, 2019
|
Oct. 28, 2019
PACER
|
19
|
MEDICAL DEFENDANTS ANSWER to 1 Complaint FOR DAMAGES AND INJUNCTIVE RELIEF, filed by CORRECT CARE SOLUTIONS, TERESA PIERCE.(Farrington, Christopher) (Entered: 10/28/2019)
|
Oct. 28, 2019
|
Oct. 28, 2019
PACER
|
20
|
RETURN of Service by CMRRR by KEITH R. CRUMLEY. DIEDRA D. BAKER served on 10/9/2019; TYLER BOUMA served on 10/9/2019; TANESHA S. CREAR served on 10/11/2019; KERRY J. FORESTALL served on 10/9/2019; FOXWORTHY served on 10/9/2019; ROBERT D. FREDERICK served on 10/9/2019; INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT served on 10/10/2019; KHYREE JONES served on 10/9/2019; MARION COUNTY SHERIFF'S OFFICE served on 10/10/2019; BRYAN K. ROACH served on 10/9/2019; JOANNA SAHM served on 10/9/2019; WILLIAM WEAVER served on 10/9/2019. (Attachments: # 1 Exhibit certified mail receipts, # 2 Exhibit executed proof of service, # 3 Exhibit USPS tracking of certified mailing)(Gray, Nikki) Modified on 11/18/2019 - Edited docket text for administrative purposes. Added Defendants TERESA PIERCE and CORRECT CARE SOLUTIONS also known as WELLPATH LLC as served on 10/9/2019 and 10/11/2019 respectively(NAD). (Entered: 11/15/2019)
|
Nov. 15, 2019
|
Nov. 15, 2019
PACER
|
21
|
Agreed CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff KEITH R. CRUMLEY . (Gray, Nikki) (Entered: 11/22/2019)
|
Nov. 22, 2019
|
Nov. 22, 2019
PACER
|
22
|
MOTION to Withdraw Attorney Appearance, filed by Defendant TERESA PIERCE. (Attachments: # 1 Text of Proposed Order Granting Motion to Withdraw)(Upchurch, Andrew) (Entered: 11/22/2019)
|
Nov. 22, 2019
|
Nov. 22, 2019
PACER
|
23
|
ORDER - granting 22 Motion to Withdraw Attorney Appearance. Andrew J. Upchurch's appearance on behalf of Defendant, Teresa Pierce, is WITHDRAWN and TERMINATED. Signed by Judge Tanya Walton Pratt on 11/25/2019. (NAD) (Entered: 11/25/2019)
|
Nov. 25, 2019
|
Nov. 25, 2019
PACER
|
24
|
ANSWER to 1 Complaint, filed by DIEDRA D. BAKER, TYLER BOUMA, TANESHA S. CREAR, KERRY J. FORESTALL, FOXWORTHY, ROBERT D. FREDERICK, INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT, KHYREE JONES, MARION COUNTY SHERIFF'S OFFICE, BRYAN K. ROACH, JOANNA SAHM.(Upchurch, Andrew) (Entered: 11/27/2019)
|
Nov. 27, 2019
|
Nov. 27, 2019
PACER
|
25
|
MINUTE ORDER for Initial Pretrial Conference held before Magistrate Judge Debra McVicker Lynch on 12/4/2019 - The case management plan submitted in this case is approved as modified by the magistrate judge in the margins of the case management plan. This case is set for a telephone status conference on March 10, 2020, 11:00 a.m. (Eastern). Signed by Magistrate Judge Debra McVicker Lynch. (JD) (Entered: 12/06/2019)
|
Dec. 6, 2019
|
Dec. 6, 2019
PACER
|
26
|
ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 10/4/2020. Discovery due by 8/4/2020. Signed by Magistrate Judge Debra McVicker Lynch on 12/6/2019.(SWM) (Entered: 12/09/2019)
|
Dec. 6, 2019
|
Dec. 6, 2019
PACER
|
27
|
Corporate Disclosure Statement by CORRECT CARE SOLUTIONS identifying Corporate Parent Wellpath Group Holdings, LLC for CORRECT CARE SOLUTIONS.. (Farrington, Christopher) (Entered: 12/12/2019)
|
Dec. 12, 2019
|
Dec. 12, 2019
PACER
|
28
|
ORDER Regarding Discovery Disputes. See Order. Signed by Magistrate Judge Debra McVicker Lynch on 12/12/2019.(SWM) (Entered: 12/12/2019)
|
Dec. 12, 2019
|
Dec. 12, 2019
PACER
|
29
|
Amended ANSWER to 1 Complaint, filed by DIEDRA D. BAKER, TYLER BOUMA, TANESHA S. CREAR, KERRY J. FORESTALL, FOXWORTHY, ROBERT D. FREDERICK, INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT, KHYREE JONES, MARION COUNTY SHERIFF'S OFFICE, BRYAN K. ROACH, JOANNA SAHM, WILLIAM WEAVER.(Upchurch, Andrew) (Entered: 12/18/2019)
|
Dec. 18, 2019
|
Dec. 18, 2019
PACER
|
30
|
NOTICE of Parties' First Extension of Time, filed by Defendants DIEDRA D. BAKER, TYLER BOUMA, TANESHA S. CREAR, KERRY J. FORESTALL, FOXWORTHY, ROBERT D. FREDERICK, INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT, KHYREE JONES, MARION COUNTY SHERIFF'S OFFICE, BRYAN K. ROACH, JOANNA SAHM, WILLIAM WEAVER. (Upchurch, Andrew) (Entered: 02/05/2020)
|
Feb. 5, 2020
|
Feb. 5, 2020
PACER
|
31
|
Exhibit List Preliminary, filed by Plaintiff KEITH R. CRUMLEY. (Gray, Nikki) (Entered: 02/11/2020)
|
Feb. 11, 2020
|
Feb. 11, 2020
PACER
|
32
|
Witness List Preliminary, filed by Plaintiff KEITH R. CRUMLEY. (Gray, Nikki) (Entered: 02/11/2020)
|
Feb. 11, 2020
|
Feb. 11, 2020
PACER
|
33
|
Witness List Preliminary, filed by Defendants CORRECT CARE SOLUTIONS, TERESA PIERCE, Exhibit List Preliminary, filed by Defendants CORRECT CARE SOLUTIONS, TERESA PIERCE. (Farrington, Christopher) (Entered: 02/17/2020)
|
Feb. 17, 2020
|
Feb. 17, 2020
PACER
|
34
|
Witness List Preliminary, filed by Defendants DIEDRA D. BAKER, TYLER BOUMA, TANESHA S. CREAR, KERRY J. FORESTALL, FOXWORTHY, ROBERT D. FREDERICK, INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT, KHYREE JONES, MARION COUNTY SHERIFF'S OFFICE, BRYAN K. ROACH, JOANNA SAHM, WILLIAM WEAVER, Exhibit List Preliminary, filed by Defendants DIEDRA D. BAKER, TYLER BOUMA, TANESHA S. CREAR, KERRY J. FORESTALL, FOXWORTHY, ROBERT D. FREDERICK, INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT, KHYREE JONES, MARION COUNTY SHERIFF'S OFFICE, BRYAN K. ROACH, JOANNA SAHM, WILLIAM WEAVER. (Upchurch, Andrew) (Entered: 02/18/2020)
|
Feb. 18, 2020
|
Feb. 18, 2020
PACER
|
36
|
Entry from Status Conference - The parties, by counsel, appeared for a status conference on March 10, 2020, with the magistrate judge. The conference was held and concluded without further order. Signed by Magistrate Judge Debra McVicker Lynch. (JLS) (Entered: 03/13/2020)
|
March 13, 2020
|
March 13, 2020
PACER
|
37
|
NOTICE of Parties' First Extension of Time, filed by Defendants KERRY J. FORESTALL, MARION COUNTY SHERIFF'S OFFICE. (Upchurch, Andrew) (Entered: 03/13/2020)
|
March 13, 2020
|
March 13, 2020
PACER
|
38
|
First MOTION for Judgment on the Pleadings, PARTIAL, filed by Defendants CORRECT CARE SOLUTIONS, TERESA PIERCE. (Attachments: # 1 Text of Proposed Order Granting Motion)(Farrington, Christopher) (Entered: 03/18/2020)
|
March 18, 2020
|
March 18, 2020
PACER
|
39
|
BRIEF/MEMORANDUM in Support re 38 First MOTION for Judgment on the Pleadings, PARTIAL, filed by Defendants CORRECT CARE SOLUTIONS, TERESA PIERCE. (Farrington, Christopher) (Entered: 03/18/2020)
|
March 18, 2020
|
March 18, 2020
PACER
|
40
|
MOTION for Protective Order, filed by Defendant KERRY J. FORESTALL. (Attachments: # 1 Exhibit 1 - Uniform Stipulated Protective Order)(Upchurch, Andrew) (Entered: 03/25/2020)
|
March 25, 2020
|
March 25, 2020
PACER
|
41
|
UNIFORM STIPULATED PROTECTIVE ORDER 40 Approved and ORDERED. Signed by Magistrate Judge Debra McVicker Lynch on 3/26/2020.(SWM) (Entered: 03/26/2020)
|
March 26, 2020
|
March 26, 2020
PACER
|
42
|
SCHEDULING ORDER: Status Conference set for 7/20/2020 09:30 AM (Eastern Time) in Telephonic before Magistrate Judge Debra McVicker Lynch. The court will contact counsel by separate email through the court's electronic filing system with the call-in information to be used to participate in the conference. Signed by Magistrate Judge Debra McVicker Lynch on 3/26/2020.(SWM) (Entered: 03/26/2020)
|
March 26, 2020
|
March 26, 2020
PACER
|
43
|
ORDER Setting Settlement Conference and Related Deadlines: Settlement Conference set for 8/10/2020 09:30 AM (Eastern Time) in room #277, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Debra McVicker Lynch. On or before three (3) business days before the conference, the parties shall submit (not file) a confidential settlement statement. See Order for additional details. Signed by Magistrate Judge Debra McVicker Lynch on 3/26/2020.(SWM) (Entered: 03/26/2020)
|
March 26, 2020
|
March 26, 2020
PACER
|
44
|
First MOTION for Extension of Time to File Response to April 29, 2020 re 38 First MOTION for Judgment on the Pleadings, PARTIAL, filed by Plaintiff KEITH R. CRUMLEY. (Attachments: # 1 Text of Proposed Order)(Gray, Nikki) (Entered: 03/26/2020)
|
March 26, 2020
|
March 26, 2020
PACER
|
45
|
ENTRY - granting 44 Motion for Extension of Time to File Response to 4/29/2020 re 38 First MOTION for Judgment on the Pleadings, PARTIAL. Signed by Judge Tanya Walton Pratt on 3/27/2020. (NAD) (Entered: 03/27/2020)
|
March 27, 2020
|
March 27, 2020
PACER
|
46
|
SCHEDULING ORDER - Having approved the Case Management Plan as amended, the Court hereby sets the final pretrial conference on May 12, 2021 at 3:00 p.m. in Room 330, and the jury trial to begin on June 7, 2021 at 9:00 a.m. in Courtroom 344, Birch Bayh Federal Building and United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana. The final pretrial conference is for attorneys only. At the final pretrial conference, Counsel shall be prepared to discuss the status of the action, including all matters requiring completion prior to trial. Counsel shall review the Court's Courtroom Procedures and Trial Practice. Signed by Judge Tanya Walton Pratt on 4/20/2020.(NAD) (Entered: 04/21/2020)
|
April 20, 2020
|
April 20, 2020
PACER
|
47
|
TRIAL PROCEDURES AND PRACTICES before Judge Tanya Walton Pratt. (NAD) (Entered: 04/21/2020)
|
April 21, 2020
|
April 21, 2020
PACER
|
48
|
RESPONSE in Opposition re 38 First MOTION for Judgment on the Pleadings, PARTIAL, filed by Plaintiff KEITH R. CRUMLEY. (Gray, Nikki) (Entered: 04/24/2020)
|
April 24, 2020
|
April 24, 2020
PACER
|
49
|
REPLY in Support of Motion re 38 First MOTION for Judgment on the Pleadings, PARTIAL, filed by Defendants CORRECT CARE SOLUTIONS, TERESA PIERCE. (Farrington, Christopher) (Entered: 04/28/2020)
|
April 28, 2020
|
April 28, 2020
PACER
|
50
|
Unopposed MOTION for Extension of Time to October 4, 2020 to complete non-expert witness discovery and discovery relating to liability issues, October 12, 2020 to file a statement of the claims or defenses it intends to prove at trial, and December 3, 2020 to file dispositive motions, filed by Defendants DIEDRA D. BAKER, TYLER BOUMA, TANESHA S. CREAR, KERRY J. FORESTALL, FOXWORTHY, ROBERT D. FREDERICK, INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT, KHYREE JONES, MARION COUNTY SHERIFF'S OFFICE, BRYAN K. ROACH, WILLIAM WEAVER. (Attachments: # 1 Text of Proposed Order Granting Motion for Extension of Time)(Upchurch, Andrew) (Entered: 06/15/2020)
|
June 15, 2020
|
June 15, 2020
PACER
|
51
|
Order - Granting 50 Motion for Extension of Time. Dispositive motions are expected and shall be filed by December 3, 2020; nonexpert witness discovery and discovery relating to liability issues shall be completed by October 4, 2020; expert witness discovery and discovery relating; expert witness discovery and discovery relating to damages shall be completed by January 4, 2021. All remaining discovery shall be completed by April 2, 2021. (See Order.) Signed by Judge Tanya Walton Pratt on 6/16/2020.(NAD) (Entered: 06/17/2020)
|
June 16, 2020
|
June 16, 2020
PACER
|
52
|
NOTICE of Appearance by Alexander Phillip Will on behalf of Defendants DIEDRA D. BAKER, TANESHA S. CREAR, KERRY J. FORESTALL, FOXWORTHY, ROBERT D. FREDERICK, MARION COUNTY SHERIFF'S OFFICE, JOANNA SAHM, WILLIAM WEAVER. (Will, Alexander) (Entered: 06/17/2020)
|
June 17, 2020
|
June 17, 2020
PACER
|
53
|
Unopposed MOTION for Continuance of Settlement Conference, filed by Defendants DIEDRA D. BAKER, TYLER BOUMA, TANESHA S. CREAR, KERRY J. FORESTALL, FOXWORTHY, ROBERT D. FREDERICK, INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT, KHYREE JONES, MARION COUNTY SHERIFF'S OFFICE, BRYAN K. ROACH, JOANNA SAHM, WILLIAM WEAVER. (Attachments: # 1 Text of Proposed Order Granting Unopposed Motion to Continue Settlement Conference)(Upchurch, Andrew) (Entered: 06/22/2020)
|
June 22, 2020
|
June 22, 2020
PACER
|
54
|
ORDER granting Defendants' 53 Motion for Continuance of Settlement Conference. I T IS ORDERED that the settlement conference scheduled to commence at 9:30 a.m. on August 10, 2020 is VACATED. The settlement conference will be reset by a forthcoming order. Signed by Magistrate Judge Debra McVicker Lynch on 6/23/2020.(SWM) (Entered: 06/23/2020)
|
June 23, 2020
|
June 23, 2020
PACER
|
55
|
NOTICE of Appearance by Thomas E. Crishon on behalf of Plaintiff KEITH R. CRUMLEY. (Crishon, Thomas) (Entered: 07/09/2020)
|
July 9, 2020
|
July 9, 2020
PACER
|
56
|
NOTICE of Appearance by Adam Scott Willfond on behalf of Defendants DIEDRA D. BAKER, TYLER BOUMA, TANESHA S. CREAR, KERRY J. FORESTALL, FOXWORTHY, ROBERT D. FREDERICK, INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT, KHYREE JONES, MARION COUNTY SHERIFF'S OFFICE, BRYAN K. ROACH, JOANNA SAHM, WILLIAM WEAVER. (Willfond, Adam) (Entered: 07/10/2020)
|
July 10, 2020
|
July 10, 2020
PACER
|
58
|
SCHEDULING ORDER-VIDEO TELECONFERENCE Settlement Conference set for 10/13/2020 at 9:30 AM (Eastern) before Magistrate Judge Debra McVicker Lynch. The court will contact counsel by separate email through the court's electronic filing system with the information necessary to participate in the conference. Signed by Magistrate Judge Debra McVicker Lynch on 7/23/2020.(CBU) (Entered: 07/24/2020)
|
July 23, 2020
|
July 23, 2020
PACER
|
59
|
Entry from Status Conference - The parties, by counsel, appeared for a status conference on July 20, 2020, with the magistrate judge. A video settlement conference is set by separate order. Signed by Magistrate Judge Debra McVicker Lynch. (JLS) (Entered: 07/30/2020)
|
July 30, 2020
|
July 30, 2020
PACER
|
60
|
First MOTION to Compel NON-PARTY MEDICAL RECORDS CUSTODIAN FOR RELEASE OF MEDICAL RECORDS, filed by Defendants CORRECT CARE SOLUTIONS, TERESA PIERCE. (Attachments: # 1 Exhibit A; Motion to Compel Walgreens Exhibits_Redacted, # 2 Text of Proposed Order Granting Motion)(Farrington, Christopher) (Entered: 09/08/2020)
|
Sept. 8, 2020
|
Sept. 8, 2020
PACER
|
61
|
ORDER Requiring Service of Motion to Compel on Non-Party - Defendants Correct Care Solutions and Teresa Pierce have moved to compel non-party Walgreens Privacy Office Medical Records Custodian to produce certain documents in response to a subpoena. The certificate of service for the motion does not show it was served on Walgreens. The court will not grant relief against Walgreens on a motion not served on it. Correct Care and Ms. Pierce must file an accurate certificate of service of their motion on Walgreens; Walgreens's time to respond is 14 days from service of the motion. Correct Care and Ms. Pierce are directed to serve a copy of this order on Walgreens with its service of the motion. Signed by Magistrate Judge Debra McVicker Lynch on 9/15/2020.(SWM) (Entered: 09/15/2020)
|
Sept. 15, 2020
|
Sept. 15, 2020
PACER
|
62
|
CERTIFICATE OF SERVICE by CORRECT CARE SOLUTIONS, TERESA PIERCE re 61 Order, 60 First MOTION to Compel NON-PARTY MEDICAL RECORDS CUSTODIAN FOR RELEASE OF MEDICAL RECORDS OF THEIR MOTION TO COMPEL AND THIS COURT'S ORDER AT DKT NO. 61 (Farrington, Christopher) (Entered: 09/16/2020)
|
Sept. 16, 2020
|
Sept. 16, 2020
PACER
|
63
|
Joint MOTION for Extension of Time to NOVEMBER 3, 2020 in which to 51 Order on Motion for Extension of Time to FileScheduling FOR NON-EXPERT DISCOVERY AND DISCOVERY RELATING TO LIABILITY ISSUES BY THIRTY DAYS, filed by Defendants CORRECT CARE SOLUTIONS, TERESA PIERCE. (Attachments: # 1 Text of Proposed Order Granting Motion)(Farrington, Christopher) (Entered: 09/30/2020)
|
Sept. 30, 2020
|
Sept. 30, 2020
PACER
|
64
|
Unopposed MOTION to Excuse Sheriff Kerry Forestal, Chief Bryan Roach, Officer Khyree Jones, Teresa Pierce, Tyler Bouma, JoAnna Sahm, Robert D. Frederick, Diedra D. Baker, William Weaver, and Officer Foxworthy from Attending the Settlement Conference, filed by Defendants DIEDRA D. BAKER, TYLER BOUMA, KERRY J. FORESTALL, FOXWORTHY, ROBERT D. FREDERICK, KHYREE JONES, BRYAN K. ROACH, JOANNA SAHM, WILLIAM WEAVER. (Attachments: # 1 Text of Proposed Order Granting Motion to Excuse Sheriff Kerry Forestal, Chief Bryan Roach, Officer Khyree Jones, Teresa Pierce, Tyler Bouma, JoAnna Sahm, Robert D. Frederick, Diedra D. Baker, William Weaver, and Officer Foxworthy from Attending the Settlement Conference)(Upchurch, Andrew) (Entered: 10/01/2020)
|
Oct. 1, 2020
|
Oct. 1, 2020
PACER
|
67
|
ORDER granting Parties' 63 Joint Motion - IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that requested Motion is GRANTED and all parties are allowed an extension of the non- expert and liability discovery deadline by thirty (30) days up to and including November 3, 2020. Signed by Magistrate Judge Debra McVicker Lynch on 10/1/2020.(SWM) (Entered: 10/02/2020)
|
Oct. 1, 2020
|
Oct. 1, 2020
PACER
|
65
|
Exhibit List Amended, filed by Plaintiff KEITH R. CRUMLEY. (Gray, Nikki) (Entered: 10/02/2020)
|
Oct. 2, 2020
|
Oct. 2, 2020
PACER
|
66
|
Witness List Amended, filed by Plaintiff KEITH R. CRUMLEY. (Gray, Nikki) (Entered: 10/02/2020)
|
Oct. 2, 2020
|
Oct. 2, 2020
PACER
|
68
|
ORDER granting Defendants' 64 Motion to Excuse Sheriff Kerry Forestal, Chief Bryan Roach, Officer Khyree Jones, Teresa Pierce, Tyler Bouma, JoAnna Sahm, Robert D. Frederick, Diedra D. Baker, William Weaver, and Officer Foxworthy from Attending the Settlement Conference. Signed by Magistrate Judge Debra McVicker Lynch on 10/2/2020. (SWM) (Entered: 10/05/2020)
|
Oct. 2, 2020
|
Oct. 2, 2020
PACER
|
69
|
MOTION TO EXCUSE PERSONAL ATTENDANCE OF TERESA PIERCE, filed by Defendants CORRECT CARE SOLUTIONS, TERESA PIERCE. (Attachments: # 1 Text of Proposed Order Granting Motion to Excuse Personal Attendance)(Farrington, Christopher) (Entered: 10/05/2020)
|
Oct. 5, 2020
|
Oct. 5, 2020
PACER
|
70
|
Unopposed MOTION for Continuance of Settlement Conference by One Hour, filed by Defendants CORRECT CARE SOLUTIONS, TERESA PIERCE. (Attachments: # 1 Text of Proposed Order Continuing Settlement Conference by One Hour)(Farrington, Christopher) (Entered: 10/06/2020)
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Oct. 6, 2020
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Oct. 6, 2020
PACER
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71
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ORDER granting Medical Defendants' 69 Motion to Excuse Personal Attendance of Teresa Pierce from the Settlement Conference scheduled for October 13, 2020. Signed by Magistrate Judge Debra McVicker Lynch on 10/6/2020. (SWM) (Entered: 10/07/2020)
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Oct. 6, 2020
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Oct. 6, 2020
PACER
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72
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ORDER granting Defendants' 60 Motion to Compel. IT IS THEREFORE ADJUDGED, ORDERED AND DECREED that Walgreens Privacy Office Medical Records Custodian shall release the medical records of Keith R. Crumley as outlined in the Non-Party Request and Subpoena propounded on April 6, 2020 and return to Christopher Andrew Farrington, Bleeke Dillon Crandall, P.C., 8470 Allison Pointe Blvd., Ste. 420, Indianapolis, IN 46250, on or before November 6 2020. Correct Care and Ms. Pierce are directed to serve a copy of this order on Walgreens. Signed by Magistrate Judge Debra McVicker Lynch on 10/7/2020. (SWM) (Entered: 10/07/2020)
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Oct. 7, 2020
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Oct. 7, 2020
PACER
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73
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ORDER granting 70 Motion for Continuance - the settlement conference set for October 13, 2020, will begin at 10:30 a.m. (Eastern). Signed by Magistrate Judge Debra McVicker Lynch on 10/8/2020. (AKW) (Entered: 10/08/2020)
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Oct. 8, 2020
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Oct. 8, 2020
PACER
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74
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Statement OF DEFENSES BY MEDICAL DEFENDANTS by CORRECT CARE SOLUTIONS, TERESA PIERCE. (Farrington, Christopher) (Entered: 10/12/2020)
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Oct. 12, 2020
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Oct. 12, 2020
PACER
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75
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Statement of Defenses by KERRY J. FORESTALL, MARION COUNTY SHERIFF'S OFFICE. (Overholt, Anthony) (Entered: 10/12/2020)
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Oct. 12, 2020
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Oct. 12, 2020
PACER
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76
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Statement of Defenses by DIEDRA D. BAKER, TYLER BOUMA, TANESHA S. CREAR, FOXWORTHY, ROBERT D. FREDERICK, INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT, KHYREE JONES, BRYAN K. ROACH, JOANNA SAHM, WILLIAM WEAVER. (Upchurch, Andrew) (Entered: 10/12/2020)
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Oct. 12, 2020
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Oct. 12, 2020
PACER
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77
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Statement of Claims by KEITH R. CRUMLEY. (Gray, Nikki) (Entered: 10/13/2020)
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Oct. 13, 2020
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Oct. 13, 2020
Clearinghouse
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78
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STIPULATION of Dismissal, JOINT, OF PLAINTIFF'S REHABILITATION ACT CLAIM AGAINST WELLPATH F/K/A CORRECT CARE SOLUTIONS, as to Defendant CORRECT CARE SOLUTIONS, filed by TERESA PIERCE. (Attachments: # 1 Text of Proposed Order Granting Stipulation)(Dillon, Carol) (Entered: 10/15/2020)
1 Text of Proposed Order Granting Stipulation
View on PACER
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Oct. 15, 2020
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Oct. 15, 2020
PACER
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79
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ORDER ON 78 JOINT STIPULATION OF DISMISSAL OF PLAINTIFF'S REHABILITATION ACT CLAIM AGAINST WELLPATH F/K/A CORRECT CARE SOLUTIONS - And the Court, having considered the same and being duly advised, now finds that the Joint Stipulation is well taken and should be GRANTED. IT IS THEREFORE ORDERED, AJUDGED, AND DECREED that this claim of action is dismissed, WITH PREJUDICE, against Defendant Wellpath, LLC, formerly known as Correct Care Solutions, LLC, with each party to bear its respective costs and attorneys' fees. This order and stipulation shall not affect any other claim against any other party. Signed by Judge Tanya Walton Pratt on 10/16/2020. (NAD) (Entered: 10/16/2020)
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Oct. 16, 2020
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Oct. 16, 2020
PACER
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80
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Entry from Settlement Conference - The plaintiff, in person and by counsel, and the defendants, by their authorized representatives and by counsel, appeared for a settlement conference on October 13, 2020, with the magistrate judge. The conference was held and concluded without settlement. Signed by Magistrate Judge Debra McVicker Lynch. (JLS) (Entered: 10/19/2020)
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Oct. 19, 2020
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Oct. 19, 2020
PACER
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81
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AMENDED COMPLAINT against All Defendants, filed by KEITH R. CRUMLEY. (Attachments: # 1 Exhibit Amended Complaint, # 2 Proposed Summons)(Gray, Nikki) (Entered: 10/21/2020)
1 Exhibit Amended Complaint
View on RECAP
2 Proposed Summons
View on PACER
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Oct. 21, 2020
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Oct. 21, 2020
PACER
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82
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Summons Issued as to CITY OF INDIANAPOLIS. (NAD) (Entered: 10/22/2020)
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Oct. 22, 2020
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Oct. 22, 2020
PACER
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83
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NOTICE of Appearance by Andrew J. Upchurch on behalf of Defendant CITY OF INDIANAPOLIS. (Upchurch, Andrew) (Entered: 11/04/2020)
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Nov. 4, 2020
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Nov. 4, 2020
PACER
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84
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ANSWER to 81 Amended Complaint, filed by DIEDRA D. BAKER, TYLER BOUMA, CITY OF INDIANAPOLIS, TANESHA S. CREAR, KERRY J. FORESTAL, FOXWORTHY, ROBERT D. FREDERICK, KHYREE JONES, MARION COUNTY SHERIFF'S OFFICE, JOANNA SAHM, WILLIAM WEAVER.(Upchurch, Andrew) (Entered: 11/04/2020)
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Nov. 4, 2020
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Nov. 4, 2020
PACER
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85
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Joint MOTION to Stay DISPOSITIVE MOTION DEADLINE AND TO SET AMENDED BRIEFING SCHEDULE CONTINGENT UPON COURT RULING, filed by Defendant TERESA PIERCE. (Attachments: # 1 Text of Proposed Order Granting Motion)(Farrington, Christopher) (Entered: 11/10/2020)
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Nov. 10, 2020
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Nov. 10, 2020
PACER
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86
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ORDER ON 85 JOINT MOTION TO STAY DISPOSITIVE MOTION DEADLINE AND TO SET AMENDED BRIEFING SCHEDULE CONTINGENT UPON COURT RULING. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Parties' Motion is GRANTED and the dispositive motion deadline in this case is STAYED up to and including twenty-eight (28) days after this Court rules upon Medical Defendants' Motion for Partial Judgment on the Pleadings. Furthermore, the Court enters an amended briefing scheduling as outlined below: (See Order.) Signed by Judge Tanya Walton Pratt on 11/12/2020.(NAD) (Entered: 11/12/2020)
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Nov. 12, 2020
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Nov. 12, 2020
Clearinghouse
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87
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STIPULATION AND NOTICE REGARDING MEDICAL DEFENDANTS' 38 MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS, filed by Defendant TERESA PIERCE. (Farrington, Christopher) Modified on 11/17/2020 - added link to 38 (NAD). (Entered: 11/16/2020)
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Nov. 16, 2020
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Nov. 16, 2020
PACER
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88
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NURSE TERESA PIERCE'S ANSWER to 81 Amended Complaint FOR DAMAGES AND INJUNCTIVE RELIEF, filed by TERESA PIERCE.(Farrington, Christopher) (Entered: 11/16/2020)
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Nov. 16, 2020
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Nov. 16, 2020
PACER
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89
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Exhibit List, FINAL, filed by Defendant TERESA PIERCE, Witness List, FINAL, filed by Defendant TERESA PIERCE. (Farrington, Christopher) (Entered: 12/04/2020)
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Dec. 4, 2020
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Dec. 4, 2020
PACER
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90
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Witness List and Exhibit List Final, filed by Plaintiff KEITH R. CRUMLEY. (Gray, Nikki) (Entered: 12/04/2020)
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Dec. 4, 2020
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Dec. 4, 2020
PACER
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91
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Witness List Final, filed by Defendants DIEDRA D. BAKER, TYLER BOUMA, CITY OF INDIANAPOLIS, TANESHA S. CREAR, KERRY J. FORESTAL, FOXWORTHY, ROBERT D. FREDERICK, KHYREE JONES, MARION COUNTY SHERIFF'S OFFICE, JOANNA SAHM, WILLIAM WEAVER, Exhibit List Final, filed by Defendants DIEDRA D. BAKER, TYLER BOUMA, CITY OF INDIANAPOLIS, TANESHA S. CREAR, KERRY J. FORESTAL, FOXWORTHY, ROBERT D. FREDERICK, KHYREE JONES, MARION COUNTY SHERIFF'S OFFICE, JOANNA SAHM, WILLIAM WEAVER. (Upchurch, Andrew) (Entered: 12/04/2020)
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Dec. 4, 2020
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Dec. 4, 2020
PACER
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92
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NOTICE of Appearance by Emily A Munson on behalf of Plaintiff KEITH R. CRUMLEY. (Munson, Emily) (Entered: 01/07/2021)
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Jan. 7, 2021
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Jan. 7, 2021
PACER
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93
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ORDER - DENYING IN PART AND GRANTING IN PART 38 DEFENDANT'S MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS. For the foregoing reasons, the Court DENIES IN PART and GRANTS IN PART Nurse Pierce's Motion for Judgment on the Pleadings (Filing No. 38 ). This action may proceed against her on Crumley's claim under ยง 1983 but not for injunctive relief. (See Order.) Signed by Judge Tanya Walton Pratt on 1/8/2021. (NAD) (Entered: 01/08/2021)
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Jan. 8, 2021
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Jan. 8, 2021
Clearinghouse
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94
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NOTICE of Appearance by Allison Jean Smith on behalf of Defendants DIEDRA D. BAKER, TYLER BOUMA, CITY OF INDIANAPOLIS, TANESHA S. CREAR, KERRY J. FORESTAL, FOXWORTHY, ROBERT D. FREDERICK, KHYREE JONES, MARION COUNTY SHERIFF'S OFFICE, JOANNA SAHM, WILLIAM WEAVER. (Smith, Allison) (Entered: 02/03/2021)
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Feb. 3, 2021
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Feb. 3, 2021
PACER
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95
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MOTION for Summary Judgment Partial - against the City of Indianapolis and Marion County Sheriff, filed by Plaintiff KEITH R. CRUMLEY. (Attachments: # 1 Exhibit Ex. 1, Shirley Crumley Deposition Transcript, # 2 Exhibit Ex. 2, Eskenazi Records (10.13.17 - 10.14.17), # 3 Exhibit Ex. 3, Dr. Leone Expert Disclosure and Report, # 4 Exhibit Ex. 4, Khyree Jones Deposition Transcript, # 5 Exhibit Ex. 5, Jones Officer Arrest Report, # 6 Exhibit Ex. 6, Lance Dardeen Deposition Transcript, # 7 Exhibit Ex. 7, probable cause affidavit, # 8 Exhibit Ex. 8, Dr. Leone deposition transcript, # 9 Exhibit City of Indianapolis Interrogatory Resp., # 10 Exhibit Ex. 10, IMPD General Order 4.7, # 11 Exhibit Ex. 11, William Weaver Deposition Transcript, # 12 Exhibit Ex. 12, MCSO Interrogatory Resp., # 13 Exhibit Ex. 13; OMS Screen, # 14 Exhibit Ex. 14, Teresa Pierce Deposition Transcript, # 15 Exhibit Ex. 15, Michael Schrettenbrunner Deposition Transcript, # 16 Exhibit Ex. 16, Teresa Pierce Email, # 17 Exhibit Ex. 17, Jonathan Rogers Deposition Transcript, # 18 Exhibit Ex. 18; Eskenazi ED Record, # 19 Exhibit Ex. 19; Simon Foxworthy Deposition Transcript, # 20 Exhibit Ex. 20, Foxworthy Report, # 21 Exhibit Ex. 21; OMS Record, # 22 Exhibit Ex. 22, CCS Policy A-08, # 23 Exhibit Ex. 23, JP4-43 Disabled Inmates, # 24 Exhibit Ex. 24; Pre-segregation health assessment, # 25 Exhibit Ex. 25, ResCare Incident Report, # 26 Text of Proposed Order proposed order)(Gray, Nikki) (Entered: 02/05/2021)
1 Exhibit Ex. 1, Shirley Crumley Deposition Transcript
View on PACER
2 Exhibit Ex. 2, Eskenazi Records (10.13.17 - 10.14.17)
View on PACER
3 Exhibit Ex. 3, Dr. Leone Expert Disclosure and Report
View on PACER
4 Exhibit Ex. 4, Khyree Jones Deposition Transcript
View on PACER
5 Exhibit Ex. 5, Jones Officer Arrest Report
View on PACER
6 Exhibit Ex. 6, Lance Dardeen Deposition Transcript
View on PACER
7 Exhibit Ex. 7, probable cause affidavit
View on PACER
8 Exhibit Ex. 8, Dr. Leone deposition transcript
View on PACER
9 Exhibit City of Indianapolis Interrogatory Resp.
View on PACER
10 Exhibit Ex. 10, IMPD General Order 4.7
View on PACER
11 Exhibit Ex. 11, William Weaver Deposition Transcript
View on PACER
12 Exhibit Ex. 12, MCSO Interrogatory Resp.
View on PACER
13 Exhibit Ex. 13; OMS Screen
View on PACER
14 Exhibit Ex. 14, Teresa Pierce Deposition Transcript
View on PACER
15 Exhibit Ex. 15, Michael Schrettenbrunner Deposition Transcript
View on PACER
16 Exhibit Ex. 16, Teresa Pierce Email
View on PACER
17 Exhibit Ex. 17, Jonathan Rogers Deposition Transcript
View on PACER
18 Exhibit Ex. 18; Eskenazi ED Record
View on PACER
19 Exhibit Ex. 19; Simon Foxworthy Deposition Transcript
View on PACER
20 Exhibit Ex. 20, Foxworthy Report
View on PACER
21 Exhibit Ex. 21; OMS Record
View on PACER
22 Exhibit Ex. 22, CCS Policy A-08
View on PACER
23 Exhibit Ex. 23, JP4-43 Disabled Inmates
View on PACER
24 Exhibit Ex. 24; Pre-segregation health assessment
View on PACER
25 Exhibit Ex. 25, ResCare Incident Report
View on PACER
26 Text of Proposed Order proposed order
View on PACER
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Feb. 5, 2021
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Feb. 5, 2021
PACER
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96
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BRIEF/MEMORANDUM in Support re 95 MOTION for Summary Judgment Partial - against the City of Indianapolis and Marion County Sheriff, filed by Plaintiff KEITH R. CRUMLEY. (Gray, Nikki) (Entered: 02/05/2021)
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Feb. 5, 2021
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Feb. 5, 2021
Clearinghouse
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97
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MOTION for Leave to File Amended Memorandum of Law in Support of 95 Plaintiff's Partial Motion for Summary Judgment, filed by Plaintiff KEITH R. CRUMLEY. (Attachments: # 1 Exhibit A; corrected brief, # 2 Text of Proposed Order)(Gray, Nikki) Modified on 2/11/2021 - added link to 95 and edited text to match caption of document(NAD). Modified on 2/11/2021 (NAD). (Entered: 02/11/2021)
1 Exhibit Exhibit A; corrected brief
View on PACER
2 Text of Proposed Order proposed order
View on PACER
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Feb. 11, 2021
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Feb. 11, 2021
PACER
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98
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ENTRY - This matter is before the Court by 97 motion of the Plaintiff seeking leave to file an amended Memorandum of Law in Support of Plaintiff's Partial Motion for Summary Judgment. Plaintiff, through counsel, sought leave to replace the filing at docket entry no. 96 in order to correct formatting issues in the filing's table of contents and table of authorities. The Court, having considered said motion, and all responses and replies herein, and being duly advised in the premises, now GRANTS the motion and FINDS that the Memorandum of Law in Support of Plaintiff's Partial Motion for Summary Judgement, attached as Exhibit A to Plaintiff's Motion for Leave hereby replaces the brief filed at docket entry no. 96 . Signed by Judge Tanya Walton Pratt on 2/12/2021. (NAD) (Entered: 02/12/2021)
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Feb. 12, 2021
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Feb. 12, 2021
Clearinghouse
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99
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Joint MOTION for Extension of Time to File Response to 04/02/2021 re 95 MOTION for Summary Judgment Partial - against the City of Indianapolis and Marion County Sheriff and Continue Trial Date, filed by Defendants DIEDRA D. BAKER, TANESHA S. CREAR, KERRY J. FORESTAL, FOXWORTHY, ROBERT D. FREDERICK, JOANNA SAHM, WILLIAM WEAVER. (Attachments: # 1 Text of Proposed Order Granting Extension of Time)(Overholt, Anthony) (Entered: 03/02/2021)
1 Text of Proposed Order Granting Extension of Time
View on PACER
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March 2, 2021
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March 2, 2021
RECAP
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100
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ORDER - GRANTING 99 JOINT MOTION TO REVISE THE SUMMARY JUDGMENT BRIEFING SCHEDULE AND CONTINUE TRIAL DATE. Defendants' cross- motions, briefs in support and responses in opposition to 95 Plaintiff's Partial Motion for Summary Judgment are due on or before April 2, 2021; Plaintiff's reply in support of her 95 Partial Motion for Summary Judgment and responses in opposition to Defendant's motions are due on or before April 30, 2021; and Defendants' replies in support of their cross motions for summary judgment are due on or before May 14, 2021. The final pretrial set May 12, 2021 is RESCHEDULED to January 12, 2022 at 2:00 p.m. in Room 330. The jury trial set June 7, 2021 is RESCHEDULED to February 7, 2022 at 9:00 a.m. in Courtroom 344, Birch Bayh Federal Building and U.S. Courthouse, Indianapolis, Indiana. Signed by Judge Tanya Walton Pratt on 3/5/2021.(NAD) (Entered: 03/05/2021)
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March 5, 2021
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March 5, 2021
PACER
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101
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Unopposed MOTION for Extension of Time to File Response to 4/9/2021 re 95 MOTION for Summary Judgment Partial - against the City of Indianapolis and Marion County Sheriff and Cross Motion for Summary Judgment, filed by Defendants DIEDRA D. BAKER, TANESHA S. CREAR, KERRY J. FORESTAL, FOXWORTHY, ROBERT D. FREDERICK, JOANNA SAHM, WILLIAM WEAVER. (Attachments: # 1 Text of Proposed Order Granting Extension of Time to File Summary Judgment Response and Cross Summary Judgment Motion)(Overholt, Anthony) (Entered: 03/23/2021)
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March 23, 2021
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March 23, 2021
PACER
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102
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ORDER - GRANTING 101 UNOPPOSED MOTION FOR EXTENSION OF TIME FOR COUNTY DEFENDANTS TO FILE THEIR CROSS MOTION FOR SUMMARY JUDGMENT AND RESPONSE IN OPPOSITION TO 95 PLAINTIFF'S PARTIAL MOTION FOR SUMMARY JUDGMENT. It is therefore, ORDERED, ADJUDGED AND DECREED that the County Defendants are hereby granted an extension of time to April 9, 2021, in which to file their cross motion for summary judgment and response in opposition to Plaintiff's Partial Motion for Summary Judgment. Signed by Judge Tanya Walton Pratt on 3/24/2021.(NAD) (Entered: 03/24/2021)
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March 24, 2021
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March 24, 2021
PACER
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