Case: Fair Housing Council of Central Indiana, McGuffin v. Smitley

COMPLAINT against CAROLYN SMITLEY, filed by All Plaintiffs. (Filing fee $400, receipt number 0756-3858646) (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons)(Kayes, Thomas) (Entered: 04/19/2016)

1 Civil Cover Sheet

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2 Proposed Summons

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Corporate Disclosure Statement by FAIR HOUSING CENTER OF CENTRAL INDIANA, INC.. (Kayes, Thomas) (Entered: 04/19/2016)

NOTICE of Appearance by Thomas R. Kayes on behalf of Plaintiffs FAIR HOUSING CENTER OF CENTRAL INDIANA, INC., CAROLYN MCGUFFIN. (Kayes, Thomas) (Entered: 04/19/2016)

Summons Issued as to CAROLYN SMITLEY. (DJH) (Entered: 04/20/2016)

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) (Entered: 04/20/2016)

NOTICE of Appearance by Thomas E. Crishon on behalf of Plaintiffs FAIR HOUSING CENTER OF CENTRAL INDIANA, INC., CAROLYN MCGUFFIN. (Crishon, Thomas) (Entered: 04/21/2016)

NOTICE of Appearance by Melissa Keyes on behalf of Plaintiffs FAIR HOUSING CENTER OF CENTRAL INDIANA, INC., CAROLYN MCGUFFIN. (Keyes, Melissa) (Entered: 04/21/2016)

RETURN of Service, filed by All Plaintiffs. CAROLYN SMITLEY served on 4/27/2016. (Attachments: # 1 Exhibit Exhibit 1 - Proof of Service)(Crishon, Thomas) (Entered: 05/05/2016)

MOTION for Extension of Time to July 06, 2016, filed by Defendant CAROLYN SMITLEY. (Attachments: # 1 Text of Proposed Order)(Haith, Aaron) (Entered: 05/18/2016)

SCHEDULING ORDER: Initial Pretrial Conference set for 7/18/2016 10:00 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 5/19/2016.(SWM) (Entered: 05/19/2016)

RESPONSE in Opposition re 9 MOTION for Extension of Time to July 06, 2016, filed by Plaintiffs FAIR HOUSING CENTER OF CENTRAL INDIANA, INC., CAROLYN MCGUFFIN. (Attachments: # 1 Exh 1 - Administrative Complaints, # 2 Exh 2 - Administrative Answers, # 3 Exh 3 - Charges, # 4 Exh 4 - Response to Charges)(Kayes, Thomas) (Entered: 05/23/2016)

NOTICE of Appearance by Aaron Edward Haith on behalf of Defendant CAROLYN SMITLEY. (Haith, Aaron) (Entered: 05/27/2016)

REPLY in Support of Motion re 9 MOTION for Extension of Time to July 06, 2016, filed by Defendant CAROLYN SMITLEY. (Haith, Aaron) (Entered: 05/27/2016)

ORDER granting in part and denying in part Defendant's 9 Motion for Extension of Time to File Response to Complaint. Ms. Smitley, individually and as trustee, must file her answer or other response to the plaintiffs' complaint by June 15, 2016 (see Order for additional information). Signed by Magistrate Judge Debra McVicker Lynch on 6/2/2016. (SWM) (Entered: 06/02/2016)

ANSWER to Complaint, filed by All Defendants.(Haith, Aaron) (Entered: 06/15/2016)

CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs FAIR HOUSING CENTER OF CENTRAL INDIANA, INC., CAROLYN MCGUFFIN . (Crishon, Thomas) (Entered: 07/08/2016)

MINUTE ORDER for proceedings held before Magistrate Judge Debra McVicker Lynch: Initial Pretrial Conference held on 7/18/2016. The Case Management Plan submitted is approved as modified. (see order) Signed by Magistrate Judge Debra McVicker Lynch. (ADH) (Entered: 07/20/2016)

ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 4/19/2017. Discovery due by 2/20/2017. Signed by Magistrate Judge Debra McVicker Lynch on 7/20/2016.(SWM) (Entered: 07/21/2016)

SCHEDULING ORDER: Bench Trial set for 12/18/2017 at 9:00 AM in room #202, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge William T. Lawrence. Final Pretrial Conference set for 11/17/2017 at 10:00 AM in room #202, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge William T. Lawrence.(DW) (Entered: 07/25/2016)

TRIAL PROCEDURES AND PRACTICES before Judge William T. Lawrence. (DW) (Entered: 07/25/2016)

ORDER Setting Settlement Conference and Related Deadlines: Settlement Conference set for 10/24/2016 09:00 AM 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 information). Signed by Magistrate Judge Debra McVicker Lynch on 8/3/2016.(SWM) (Entered: 08/04/2016)

NOTICE OF DEATH, filed by Defendant CAROLYN SMITLEY (Haith, Aaron) (Entered: 08/17/2016)

MOTION for Continuance of Settlement Conference, filed by Plaintiff FAIR HOUSING CENTER OF CENTRAL INDIANA, INC.. (Attachments: # 1 Text of Proposed Order Granting Motion to Continue Settlement Conference)(Crishon, Thomas) (Entered: 10/20/2016)

RESPONSE to Motion for Continuance (Dkt. 23), filed by Defendant CAROLYN SMITLEY. (Haith, Aaron) Modified on 10/24/2016 (SWM). (Entered: 10/21/2016)

ORDER granting Plaintiffs' 23 Motion for Continuance. The settlement conference set for Monday, October 24, 2016, is VACATED. The settlement conference will be reset by separate order. Signed by Magistrate Judge Debra McVicker Lynch on 10/21/2016.(SWM) (Entered: 10/21/2016)

Witness List and Exhibit List (Preliminary), filed by Plaintiff FAIR HOUSING CENTER OF CENTRAL INDIANA, INC.. (Crishon, Thomas) (Entered: 10/24/2016)

ORDER Resetting Settlement Conference: On October 21, 2016, the court granted the plaintiffs' motion for continuance of the settlement conference that was set for October 24, 2016. (Dkt. 25) The court stated that the settlement conference would be reset by separate order. The court now RESETS the settlement conference for December 21, 2016, at 9:00 a.m. (Eastern), in Room 277, United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana, before Magistrate Judge Debra McVicker Lynch. All other provisions of the court's Order Setting Settlement Conference and Related Deadlines (Dkt. 21) remain in full force and effect. Signed by Magistrate Judge Debra McVicker Lynch on 11/3/2016.(SWM) (Entered: 11/03/2016)

MOTION for Extension of Time to 12/15/2016 to File a Motion for Substitution of a Party, filed by Plaintiff FAIR HOUSING CENTER OF CENTRAL INDIANA, INC.. (Attachments: # 1 Exhibit 1 - Petition for Appointment of Personal Representative, # 2 Text of Proposed Order)(Crishon, Thomas) (Entered: 11/11/2016)

MOTION to Compel Defendant to Respond to Discovery, filed by Plaintiff FAIR HOUSING CENTER OF CENTRAL INDIANA, INC.. (Attachments: # 1 Exhibit A - FHCCI's 1st Set of RPD, # 2 Exhibit B - Discovery Follow-up - 07-28-2016, # 3 Exhibit C - Response to FHCOC Request, # 4 Exhibit D - Discovery Follow-up - 08-02-2016, # 5 Exhibit E - McGuffin Served Discovery, # 6 Exhibit F - FHCCI Served Discovery, # 7 Exhibit G - Discovery Follow-up - 09-28-2016, # 8 Exhibit H - McGuffin's NOD of Smitley, # 9 Exhibit I - Deposition Follow-up - 08-18 to 08-22-2016, # 10 Exhibit J - FHCCI NOD of Smitley, # 11 Exhibit K - Deposition Follow-up - 09-07 to 09-28-2016, # 12 Text of Proposed Order)(Crishon, Thomas) (Entered: 11/17/2016)

1 Exhibit A - FHCCI's 1st Set of RPD

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2 Exhibit B - Discovery Follow-up - 07-28-2016

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3 Exhibit C - Response to FHCOC Request

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4 Exhibit D - Discovery Follow-up - 08-02-2016

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5 Exhibit E - McGuffin Served Discovery

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6 Exhibit F - FHCCI Served Discovery

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7 Exhibit G - Discovery Follow-up - 09-28-2016

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8 Exhibit H - McGuffin's NOD of Smitley

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9 Exhibit I - Deposition Follow-up - 08-18 to 08-22-2016

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10 Exhibit J - FHCCI NOD of Smitley

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11 Exhibit K - Deposition Follow-up - 09-07 to 09-28-2016

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12 Text of Proposed Order

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MOTION to Withdraw Attorney Appearance of Thomas Kayes, filed by Plaintiffs FAIR HOUSING CENTER OF CENTRAL INDIANA, INC., CAROLYN MCGUFFIN. (Attachments: # 1 Text of Proposed Order)(Kayes, Thomas) (Entered: 11/18/2016)

ORDER granting 30 Motion to Withdraw Attorney Appearance. Attorney Thomas R. Kayes withdrawn on behalf of the plaintiffs. Signed by Magistrate Judge Debra McVicker Lynch on 11/22/2016. (CBU) (Entered: 11/22/2016)

ORDER granting 28 Motion for Extension of Time to 12/15/2016 to file a motion for substitution of a successor or representative. Signed by Magistrate Judge Debra McVicker Lynch on 11/22/2016. (CBU) (Entered: 11/22/2016)

ORDER granting Plaintiff's 29 Motion to Compel. See Order. Signed by Magistrate Judge Debra McVicker Lynch on 12/7/2016. (SWM) (Entered: 12/07/2016)

NOTICE of Appearance by Christopher Brancart on behalf of Plaintiffs FAIR HOUSING CENTER OF CENTRAL INDIANA, INC., CAROLYN MCGUFFIN. (Brancart, Christopher) (Entered: 12/07/2016)

MOTION to Substitute Party, filed by Plaintiffs FAIR HOUSING CENTER OF CENTRAL INDIANA, INC., CAROLYN MCGUFFIN. (Attachments: # 1 Exhibit Declaration of Thomas E. Crishon, # 2 Text of Proposed Order)(Crishon, Thomas) (Entered: 12/08/2016)

ORDER granting 35 Motion to Substitute Party. JESSICA CARLTON added. CAROLYN MCGUFFIN terminated. Signed by Magistrate Judge Debra McVicker Lynch on 12/12/2016. (SWM) (Entered: 12/12/2016)

ENTRY and ORDER for Settlement Conference held before Magistrate Judge Debra McVicker Lynch. The plaintiffs, in person and by their authorized representative and by counsel, and the defendant, in person and by counsel, appeared for a settlement conference on December 21, 2016, with the magistrate judge. The conference was held and concluded without settlement.This case is set for a telephone status conference on February 2, 2017, at10:00 a.m., with Magistrate Judge Debra McVicker Lynch. Counsel are to contact the court at 317.229.3630 to participate in the conference. Where multiple counsel representing a party are participating in the conference, those counsel are to make arrangements to call the court on a single line. Signed by Magistrate Judge Debra McVicker Lynch. (BAS) (Entered: 12/22/2016)

ENTRY from Status Conference held before Magistrate Judge Debra McVicker Lynch. The parties, by counsel, appeared for a telephone status conference onFebruary 2, 2017, with the magistrate judge. The conference was held andconcluded without further order. Signed by Magistrate Judge Debra McVicker Lynch. (BAS) (Entered: 02/06/2017)

MOTION for Default Judgment as to Defendant Carolyn Smitley, filed by Plaintiffs JESSICA CARLTON, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC.. (Crishon, Thomas) (Entered: 03/03/2017)

BRIEF/MEMORANDUM in Support re 39 MOTION for Default Judgment as to Defendant Carolyn Smitley, filed by Plaintiffs JESSICA CARLTON, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC.. (Attachments: # 1 Exhibit A - Declaration of Thomas E. Crishon, # 2 Exhibit B - FHCCI NOD of Smitley, # 3 Exhibit C - Letter to Defense Counsel, # 4 Exhibit D - Email Correspondence, # 5 Exhibit E - Email Correspondence)(Crishon, Thomas) (Entered: 03/03/2017)

1 Exhibit A - Declaration of Thomas E. Crishon

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2 Exhibit B - FHCCI NOD of Smitley

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3 Exhibit C - Letter to Defense Counsel

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4 Exhibit D - Email Correspondence

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5 Exhibit E - Email Correspondence

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Statement of Claims by JESSICA CARLTON, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC.. (Crishon, Thomas) (Entered: 03/06/2017)

MOTION for Extension of Time to File Response to 04/20/2017 re 39 MOTION for Default Judgment as to Defendant Carolyn Smitley, filed by Defendant CAROLYN SMITLEY. (Attachments: # 1 Exhibit Email to Counsel)(Haith, Aaron) (Entered: 03/20/2017)

MOTION for Extension of Time to File Response to 04/20/2017 re 39 Motion for Default Judgment as to Defendant Carolyn Smitley, filed by Defendant CAROLYN SMITLEY. (Attachments: # 1 Email to Counsel, # 2 Proposed Order)(Haith, Aaron) Modified on 3/21/2017 (MAC). (Entered: 03/20/2017)

RESPONSE in Opposition re 42 MOTION for Extension of Time to File Response to 04/20/2017 re 39 MOTION for Default Judgment as to Defendant Carolyn Smitley, 43 MOTION, filed by Plaintiffs JESSICA CARLTON, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC.. (Crishon, Thomas) (Entered: 03/21/2017)

ORDER granting in part and denying in part Defendant's 43 Motion for Extension of Time to File Response re 39 MOTION for Default Judgment as to Defendant Carolyn Smitley. See Order. Signed by Magistrate Judge Debra McVicker Lynch on 3/24/2017. (SWM) (Entered: 03/24/2017)

REPLY in Support of Motion re 43 MOTION For Extension, filed by Defendant CAROLYN SMITLEY. (Attachments: # 1 Exhibit)(Haith, Aaron) (Entered: 03/24/2017)

REPLY in Support of Motion re 43 MOTION, filed by Defendant CAROLYN SMITLEY. (Attachments: # 1 Proposed Order)(Haith, Aaron) (Entered: 03/29/2017)

SEALED Exh 1 to Notice of Partial Compliance, filed by Defendant CAROLYN SMITLEY. (Haith, Aaron) (Entered: 03/29/2017)

Statement of Defendant's Non-Compliance with the Court's March 24, 2017, Order by JESSICA CARLTON, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC.. (Attachments: # 1 Declaration of Thomas E. Crishon, # 2 Email to Defendant's Counsel)(Crishon, Thomas) (Entered: 03/30/2017)

Unopposed MOTION for Extension of Time to May 19, 2017 to File Dispositive Motions, filed by Plaintiffs JESSICA CARLTON, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC.. (Attachments: # 1 Text of Proposed Order)(Crishon, Thomas) (Entered: 04/18/2017)

ORDER granting Plaintiff's 50 Motion for Extension of Time to File Dispositive Motions. Dispositive Motions due by 5/19/2017. Signed by Magistrate Judge Debra McVicker Lynch on 4/19/2017.(SWM) (Entered: 04/19/2017)

MOTION for Partial Summary Judgment, filed by Plaintiffs JESSICA CARLTON, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC.. (Crishon, Thomas) (Entered: 05/19/2017)

BRIEF/MEMORANDUM in Support re 52 MOTION for Partial Summary Judgment, filed by Plaintiffs JESSICA CARLTON, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC.. (Crishon, Thomas) (Entered: 05/19/2017)

RESPONSE in Opposition re 52 MOTION for Partial Summary Judgment, filed by Defendant CAROLYN SMITLEY. (Haith, Aaron) (Entered: 06/13/2017)

BRIEF/MEMORANDUM in Support of Response in Opposition to Motion re 52 MOTION for Partial Summary Judgment, filed by Defendant CAROLYN SMITLEY. (Attachments: # 1 Exhibit Nelson Complaint, # 2 Exhibit McGuffin Complaint, # 3 Exhibit Transmittal Letter, # 4 Exhibit Administrative Replay, # 5 Exhibit Adminsitrative Reply, # 6 Exhibit Adm FOF & C of Law, # 7 Exhibit Adm FOF & C of Law, # 8 Exhibit Adm Finding and Charge, # 9 Exhibit Adm Finding and Charge)(Haith, Aaron) (Entered: 06/13/2017)

MOTION for Extension of Time to 7/10/2017 for Plaintiffs to file their Final Witness and Exhibit Lists, filed by Plaintiffs JESSICA CARLTON, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC.. (Attachments: # 1 Text of Proposed Order)(Crishon, Thomas) (Entered: 06/19/2017)

ORDER granting Plaintiffs' 56 Motion for Extension of Time to File final witness and exhibit lists to 7/10/2017. Signed by Magistrate Judge Debra McVicker Lynch on 6/21/2017. (SWM) (Entered: 06/21/2017)

REPLY in Support of Motion re 52 MOTION for Partial Summary Judgment, filed by Plaintiffs JESSICA CARLTON, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC.. (Attachments: # 1 Exhibit 1 - Defendant's Notice of Election in FHCCI Complaint, # 2 Exhibit 2 - Defendant's Notice of Election in McGuffin Complaint, # 3 Exhibit 3 - Findings of Fact and Conclusions of Law in FHCCI Complaint, # 4 Exhibit 4 - Findings of Fact and Conclusions of Law in McGuffin Complaint)(Crishon, Thomas) (Entered: 06/27/2017)

Second MOTION for Extension of Time to 8/7/2017 for Plaintiffs to File their Final Witness and Exhibit Lists, filed by Plaintiffs JESSICA CARLTON, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC.. (Attachments: # 1 Text of Proposed Order)(Crishon, Thomas) (Entered: 07/10/2017)

RESPONSE to Motion re 59 Second MOTION for Extension of Time to 8/7/2017 for Plaintiffs to File their Final Witness and Exhibit Lists, filed by Defendant CAROLYN SMITLEY. (Attachments: # 1 Exhibit, # 2 Exhibit)(Haith, Aaron) (Entered: 07/11/2017)

ORDER granting Plaintiffs' 59 Motion for Extension of Time to File final witness and exhibit lists. The deadline to file final witness and exhibit lists is suspended and will be reset as necessary after the court rules on the pending motion for default judgment and motion for partial summary judgment. Signed by Magistrate Judge Debra McVicker Lynch on 7/20/2017. (SWM) (Entered: 07/20/2017)

First MOTION To Withdraw, filed by Defendant CAROLYN SMITLEY. (Attachments: # 1 Exhibit A to Motion To Withdraw, # 2 Text of Proposed Order)(Haith, Aaron) (Entered: 08/23/2017)

ORDER granting Aaron E. Haith's 62 Motion to Withdraw Appearance on behalf of Defendants. While Ms. Smitley may proceed pro se on her own behalf, a representative of a party may only proceed by counsel. See, e.g., Cavanaugh v. Cardinal Local School District, 409 F.3d 753, 755 (6th Cir. 2005). Therefore, counsel on behalf of Ms. Smitley as trustee of the Smitley Family Trust must appear in this case by October 2, 2017. Failure to do so may result in the recommendation that a default be entered. Copy to Caroline Smitley via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 8/31/2017. (SWM) (Entered: 08/31/2017)

AFFIDAVIT of Service for Court Orders (ECF 61, 63) served on Defendant Caroline Smitley on September 12, 2017, filed by JESSICA CARLTON, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC.. (Brancart, Christopher) (Entered: 09/17/2017)

MOTION for Extension of Time to 10/09/2017 in which to 63 Order on Motion Have Attorney Appear on behalf of Defendant Carolyn Smitley as trustee of the Smitley Family Trust, filed by Plaintiffs JESSICA CARLTON, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC.. (Attachments: # 1 Text of Proposed Order)(Brancart, Christopher) (Entered: 09/27/2017)

ORDER granting Plaintiffs' 65 Motion to extend the current deadline for counsel on behalf of Defendant Carolyn Smitley as trustee of the Smitley Family Trust to appear in this case to 10/9/2017. Copy to Caroline Smitley via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 9/29/2017. (SWM) (Entered: 09/29/2017)

ENTRY - Bench Trial reset for 3/12/2018 at 9:00 AM in room #202, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge William T. Lawrence. Final Pretrial Conference reset for 2/13/2018 at 2:00 PM in room #202, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge William T. Lawrence. Signed by Judge William T. Lawrence on 10/23/2017. (JDC) (Entered: 10/23/2017)

ORDER Directing Entry of Default Against Carolyn Smitley, in her Capacity as Trustee of the Smitley Family Trust. Signed by Magistrate Judge Debra McVicker Lynch on 12/27/2017. Copy Mailed. (JD) Modified docket text on 12/27/2017 (JD). (Entered: 12/27/2017)

Clerk's ENTRY OF DEFAULT as to CAROLYN SMITLEY in her capacity as Trustee of the Smitley Family Trust. There is no entry of default against Ms. Smitley in her individual capacity. Signed by Clerk, Laura A. Briggs. Copy Mailed. (JD) (Entered: 12/27/2017)

STATUS REPORT Re Pending Motions and Resolution of Action by JESSICA CARLTON, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC.. (Brancart, Christopher) (Entered: 12/30/2017)

ENTRY ON PLAINTIFFS' MOTION FOR DEFAULT JUDGMENT - This cause is before the Court on the Plaintiffs' Motion for Default Judgment Dkt. No. 39 . The Court, being duly advised, now GRANTS the Plaintiffs' motion Motion for Default Judgment; denying as moot 52 Motion for Partial Summary Judgment; Damages Hearing set for 3/12/2018 09:00 AM in room #202, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge William T. Lawrence. The parties shall file witness and exhibit lists at least 14 days prior to the hearing. (Copy sent to Defendant via U.S. Mail) Signed by Judge William T. Lawrence on 1/10/2018. (JDC) (Entered: 01/10/2018)

MOTION for Default Judgment as to Defendant Carolyn Smitley in her capacity as Trustee of the Smitley Family Trust and to Set Damages Hearing, filed by Plaintiffs JESSICA CARLTON, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC.. (Attachments: # 1 Text of Proposed Order)(Crishon, Thomas) (Entered: 01/26/2018)

1 Text of Proposed Order

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ORDER GRANTING PLAINTIFFS' MOTIONS FOR ENTRY OF DEFAULT JUDGMENT AS TO DEFENDANT CAROLYN SMITLEY IN HER CAPACITY AS TRUSTEE OF THE SMITLEY FAMILY TRUST AND TO SET DAMAGES HEARING - This matter is before the Court on Plaintiffs' Motions for Entry of Default Judgment as to Defendant Carolyn Smitley in her Capacity as Trustee of the Smitley Family Trust and to Set Damages Hearing. The Court, being duly advised, now GRANTS said motions. IT IS ORDERED that the damages hearing with regard to Carolyn Smitley in her individual capacity scheduled for March 12, 2018, at 9:00 a.m. in room 202 will also include determination of damages against Carolyn Smitley in her capacity as trustee of the Smitley Family Trust. (Copy to Defendant via U.S. Mail) Signed by Judge William T. Lawrence on 2/5/2018. (JDC) (Entered: 02/05/2018)

Witness List (Final), filed by Plaintiffs JESSICA CARLTON, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC.. (Attachments: # 1 Exhibit 1 - Plaintiffs Final Witness List)(Crishon, Thomas) (Entered: 02/26/2018)

Exhibit List (Final), filed by Plaintiffs JESSICA CARLTON, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC.. (Attachments: # 1 Exhibit 1 - Plaintiffs Final Exhibit List)(Crishon, Thomas) (Entered: 02/26/2018)

MOTION for Leave to File Amended Final Witness List, filed by Plaintiffs JESSICA CARLTON, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC.. (Attachments: # 1 Exhibit 1 - Proposed Amended Witness List, # 2 Exhibit 2 - Declaration of Thomas E Crishon, # 3 Exhibit 3 - Proposed Order)(Crishon, Thomas) (Entered: 03/05/2018)

ORDER granting Plaintiff's 76 Motion for Leave to File Amended Final Witness List. (Copy to Defendant via U.S. Mail) Signed by Judge William T. Lawrence on 3/6/2018. (JDC) (Entered: 03/06/2018)

Witness List (Final Amended), filed by Plaintiffs JESSICA CARLTON, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC.. (Attachments: # 1 Exhibit 1 - Amended Final Witness List)(Crishon, Thomas) (Entered: 03/06/2018)

TRIAL BRIEF REGARDING DAMAGES by JESSICA CARLTON, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC.. (Crishon, Thomas) (Entered: 03/09/2018)

Minute Entry for proceedings held before Judge William T. Lawrence: Damages Hearing held on 3/12/2018. Plaintiffs appear with counsel; defendants do not appear. Plaintiffs begin the presentation of their evidence which consists of the testimony of Joseph Gunn, Amy Nelson, Jessica Carlton, Donisha Posie, and documentary evidence. Plaintiffs rest. Court is adjourned. (Court Reporter Cathy Jones.) (CMC) (Entered: 03/16/2018)

MOTION for Extension of Time to 04/09/2018 to File Proposed Findings of Fact and Conclusions of Law, filed by Plaintiffs JESSICA CARLTON, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC.. (Attachments: # 1 Exhibit 1 - Declaration of Thomas E. Crishon, # 2 Text of Proposed Order)(Crishon, Thomas) (Entered: 03/21/2018)

ORDER granting Plaintiffs' 81 Motion for Extension of Time to File Proposed Findings of Fact and Conclusions of Law to 4/9/2018. Copy to Defendant via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 3/22/2018. (SWM) (Entered: 03/23/2018)

MOTION for Attorney Fees and Costs, filed by Plaintiffs JESSICA CARLTON, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC.. (Attachments: # 1 Declaration of Christopher Brancart, # 2 Declaration of Elizabeth Brancart, # 3 Declaration of Thomas E. Crishon, # 4 Declaration of Melissa Keyes, # 5 Declaration of Gavin M. Rose, # 6 Declaration of Christopher E. Clark)(Crishon, Thomas) (Entered: 04/09/2018)

1 Declaration of Christopher Brancart

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2 Declaration of Elizabeth Brancart

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3 Declaration of Thomas E. Crishon

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4 Declaration of Melissa Keyes

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5 Declaration of Gavin M. Rose

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6 Declaration of Christopher E. Clark

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Findings of Fact & Conclusions of Law (proposed) by JESSICA CARLTON, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC.. (Attachments: # 1 Declaration of Thomas E. Crishon)(Crishon, Thomas) (Entered: 04/09/2018)

ENTRY ON MOTIONS FOR DEFAULT JUDGMENT - This cause is before the Court on the Plaintiffs' Motions for Entry of Default Judgment Dkt. Nos. 39 & 72 . The Court held a hearing on the motions on March 12, 2018; the Defendants were given notice of the hearing but did not appear. The Plaintiffs also have filed a motion for attorney fees and costs Dkt. No. 83 . The Court, being duly advised, GRANTS the motions and awards the Plaintiffs damages, attorney fees, and costs as set forth below. Given the Court's findings, set forth above, judgment will be entered in this case in favor of the Plaintiffs and against the Defendants. Damages in the amount of $25,000 compensatory damages and $50,000 punitive damages are awarded to Plaintiff Jessica Carlton. Damages in the amount of $11,501.82 compensatory damages and $34,505.46 in punitive damages are awarded to Plaintiff Fair Housing Center of Central Indiana. The Court awards attorney's fees in the amount of $95,214.50 in fees, which include $40,199.50 for the work performed by Brancart & Brancart and $55,015.00 for work performed by attorneys at Indiana Disability Rights. Further, the Court has reviewed the costs and expenses sought by Plaintiffs' counsel and, finding them to be reasonably incurred, awards $3,525.97, which represents $3,398.83 in costs and expenses incurred by Brancart & Brancart and $127.14 in costs and expenses incurred by attorneys at Indiana Disability Rights. The Court also orders injunctive relief as set forth above. (Copy to the Defendant via U.S. Mail) Signed by Judge William T. Lawrence on 7/3/2018. (JDC) (Entered: 07/03/2018)

CLOSED JUDGMENT - The Court having granted the Plaintiffs' motion for default judgment and held a damages hearing, judgment is hereby ENTERED in favor of the Plaintiffs and against the Defendants, jointly and severally, as follows. ***SEE JUDGMENT*** Signed by Judge William T. Lawrence on 7/3/2018.(JDC) (Entered: 07/03/2018)

NOTICE of Appearance by Terry L. Monday on behalf of Defendants CAROLYN SMITLEY, CAROLYN SMITLEY. (Monday, Terry) (Entered: 09/24/2018)

NOTICE of Appearance by Christopher J. McElwee on behalf of Defendants CAROLYN SMITLEY, CAROLYN SMITLEY. (McElwee, Christopher) (Entered: 09/24/2018)

MOTION to Set Aside Judgment, filed by Defendants CAROLYN SMITLEY, CAROLYN SMITLEY. (McElwee, Christopher) (Entered: 09/24/2018)

NOTICE of Filing Proposed Order, filed by Defendants CAROLYN SMITLEY, CAROLYN SMITLEY (McElwee, Christopher) (Entered: 09/25/2018)

RESPONSE in Opposition re 89 MOTION to Set Aside Judgment, filed by Plaintiffs JESSICA CARLTON, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC.. (Attachments: # 1 Exhibit A - Declaration of Joseph L. Mulvey, # 2 Exhibit B - Smitley Motion to Vacate Hearing, # 3 Text of Proposed Order)(Crishon, Thomas) (Entered: 10/05/2018)

MOTION to Strike 91 Response in Opposition to Motion, filed by Defendants CAROLYN SMITLEY, CAROLYN SMITLEY. (McElwee, Christopher) (Entered: 10/19/2018)

Submission of Motion to Strike Order 92 by All Defendants (McElwee, Christopher) Modified on 10/22/2018 (JDC). (Entered: 10/19/2018)

RESPONSE in Opposition re 92 MOTION to Strike 91 Response in Opposition to Motion, filed by Plaintiffs JESSICA CARLTON, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC.. (Attachments: # 1 Exhibit A - Declaration of Joseph L. Mulvey, # 2 Text of Proposed Order)(Crishon, Thomas) (Entered: 11/02/2018)

MOTION FOR HEARING ON 89 MOTION FOR RELIEF FROM JUDGMENT, filed by Defendants CAROLYN SMITLEY, CAROLYN SMITLEY. (Attachments: # 1 Text of Proposed Order)(McElwee, Christopher) Modified on 12/11/2018 to create link to dkt. 89 (APD). (Entered: 12/10/2018)

RESPONSE in Opposition re 95 MOTION FOR HEARING ON MOTION FOR RELIEF FROM JUDGMENT, filed by Plaintiffs JESSICA CARLTON, FAIR HOUSING CENTER OF CENTRAL INDIANA, INC.. (Attachments: # 1 Text of Proposed Order)(Crishon, Thomas) (Entered: 12/21/2018)

ENTRY ON DEFENDANTS' MOTION TO SET ASIDE JUDGMENT; The Defendants' Motion for Hearing is DENIED Dkt. No. 95 . The Defendants' Motion to Strike Dkt. No. 92 is DENIED AS MOOT. The Court notes that, in ruling on the Motion to Set Aside Judgment, the Court did not find it necessary to consider the information that the Defendants sought to have stricken. The Defendants' Motion to Set Aside Judgment Dkt. No. 89 is DENIED. Signed by Judge William T. Lawrence on 1/11/2019. (CKM) (Entered: 01/11/2019)

Clerk's Entry - Exhibits re 80 Damages Hearing are released for pickup. Exhibits will be disposed of on 08/21/2020, if unclaimed. Signed by Clerk, Roger A.G. Sharpe. (JDH) (Entered: 08/03/2020)

Clerk's Entry - Exhibits destroyed 98 on August 25, 2020. Signed by Clerk, Roger A.G. Sharpe. (JDH) (Entered: 08/25/2020)