Case: Indiana Protection & Advocacy Services v. Indiana Family and Social Services Admininistration

Indiana P&A v. Indiana Family and Social Svcs Admin

Indiana P&A v. Indiana Family and Social Svcs Admin

Indiana P&A v. Indiana Family and Social Svcs Admin

Indiana Protection & Advocacy Services v. Indiana Family and Social Services Administration

U.S. Court of Appeals for the Seventh Circuit

Indiana Protection & Advocacy Services v. Indiana Family and Social Services Administration

U.S. Court of Appeals for the Seventh Circuit

Indiana Protection & Advocacy Services v. Indiana Family and Social Services Administration

U.S. Court of Appeals for the Seventh Circuit

COMPLAINT against all defendants, filed by INDIANA PROTECTION AND ADVOCACY SERVICES.(WJC) (Entered: 12/26/2006)

CIVIL COVER SHEET, filed by Plaintiff INDIANA PROTECTION AND ADVOCACY SERVICES. (WJC) (Entered: 12/26/2006)

RECEIPT #104 5047 in the amount of $ 350.00 for filing fee. (WJC) (Entered: 12/26/2006)

Summons Issued as to defendants LISA K. KELLUM, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, MITCH ROOB and CATHY BOGGS. (WJC) (Entered: 12/26/2006)

NOTICE of Appearance by Milo G. Gray, Jr on behalf of Plaintiff INDIANA PROTECTION AND ADVOCACY SERVICES. (WJC) (Entered: 12/26/2006)

NOTICE of Appearance by Loretta Olesky on behalf of Plaintiff INDIANA PROTECTION AND ADVOCACY SERVICES. (WJC) (Entered: 12/26/2006)

NOTICE of Appearance by Debra Jean Dial on behalf of Plaintiff INDIANA PROTECTION AND ADVOCACY SERVICES. (WJC) (Entered: 12/26/2006)

NOTICE of Appearance by Gary W. Ricks on behalf of Plaintiff INDIANA PROTECTION AND ADVOCACY SERVICES. (WJC) (Entered: 12/26/2006)

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (WJC) (Entered: 12/26/2006)

NOTICE of Appearance by Patricia H. Strachan on behalf of Defendants LISA K. KELLUM, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, MITCH ROOB, CATHY BOGGS. (Strachan, Patricia) (Entered: 01/25/2007)

NOTICE, filed by Defendants LISA K. KELLUM, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, MITCH ROOB, CATHY BOGGS Unopposed Extension of Time to Answer Complaint. (Strachan, Patricia) (Entered: 01/25/2007)

Second MOTION for Extension of Time to April 2, 2007 to Answer (Unopposed), filed by Defendants LISA K. KELLUM, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, MITCH ROOB, CATHY BOGGS., (Attachments: # 1 Text of Proposed Order Granting Enlargement of Time to Answer)(Strachan, Patricia) (Entered: 02/26/2007)

RETURN of Service by CMRRR, filed by INDIANA PROTECTION AND ADVOCACY SERVICES. LISA K. KELLUM served on 1/10/2007; INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION served on 1/10/2007; MITCH ROOB served on 1/12/2007; CATHY BOGGS served on 1/12/2007. (CBU) (Entered: 03/02/2007)

MOTION to Withdraw as Attorney - Loretta Okeksy, filed by Plaintiff INDIANA PROTECTION AND ADVOCACY SERVICES. (Attachments: # 1 Text of Proposed Order)(CBU) (Entered: 03/02/2007)

ORDER granting defts' 12 Motion for Extension of Time to File response to complaint to 4/2/07. Signed by Judge Tim A. Baker on 3/2/07. (SWM) (Entered: 03/02/2007)

ORDER granting 14 Motion to Withdraw as Attorney. Attorney Loretta Olesky withdrawn. Signed by Judge Tim A. Baker on 3/9/07. (SWM) (Entered: 03/09/2007)

Unopposed MOTION for Extension of Time to April 12, 2007 to Answer or otherwise respond to Complaint, filed by Defendants LISA K. KELLUM, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, MITCH ROOB, CATHY BOGGS., (Attachments: # 1 Text of Proposed Order Granting Motion for Enlargement of Time)(Strachan, Patricia) (Entered: 03/30/2007)

SCHEDULING ORDER: Initial Pretrial Conference set for 4/26/2007 02:30 PM in room #234 before Magistrate Judge Tim A. Baker. The parties shall file the CMP no less than seven days prior to the ptc (See Order). Signed by Judge Tim A. Baker on 3/30/07. (SWM) (Entered: 04/02/2007)

ORDER granting defts' 17 Motion for Extension of Time to File answer or otherwise respond to complaint to 4/12/07. Signed by Judge Tim A. Baker on 4/02/07. (SWM) (Entered: 04/02/2007)

MOTION to Withdraw as Attorney, filed by Defendants LISA K. KELLUM, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, MITCH ROOB, CATHY BOGGS. (Attachments: # 1 Text of Proposed Order granting withdrawal of appearance)(Strachan, Patricia) (Entered: 04/12/2007)

NOTICE of Appearance by Michael T. Schaefer on behalf of Defendants LISA K. KELLUM, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, MITCH ROOB, CATHY BOGGS. (Schaefer, Michael) (Entered: 04/12/2007)

Unopposed MOTION for Extension of Time to April 17, 2007 to Answer Complaint, filed by Defendants LISA K. KELLUM, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, MITCH ROOB, CATHY BOGGS., (Attachments: # 1 Text of Proposed Order granting enlargement of time)(Schaefer, Michael) (Entered: 04/12/2007)

ORDER granting defts' 22 Motion for Extension of Time to File response to complaint to 4/17/07. Signed by Judge Tim A. Baker on 4/12/07. (SWM) (Entered: 04/13/2007)

ORDER granting 20 Motion to Withdraw as Attorney. Attorney Patricia H. Strachan withdrawn. Signed by Judge Tim A. Baker on 4/12/07. (SWM) (Entered: 04/13/2007)

ANSWER to Complaint, filed by all defendants.(Schaefer, Michael) (Entered: 04/17/2007)

First MOTION for Extension of Time to May 8, 2007 initial disclosures, Case Management Plan, Pre-trial conference, filed by Plaintiff INDIANA PROTECTION AND ADVOCACY SERVICES., (Attachments: # 1 Text of Proposed Order Extension)(Dial, Debra) (Entered: 04/18/2007)

ORDER granting pltf's 26 Motion for Extension of Time to File the proposed CMP, a continuance of the iptc, and leave to extend the time for filing initial disclosures. Initial discosures shall be filed on or before 5/8/07. SCHEDULING ORDER: Initial Pretrial Conference RESET for 5/31/2007 03:00 PM in room #234 before Magistrate Judge Tim A. Baker. The parties shall file the proposed CMP no less than seven days prior to the ptc. Signed by Judge Tim A. Baker on 4/20/07. (SWM) (Entered: 04/23/2007)

Exhibit List Preliminary Witness and Exhibit List, filed by Plaintiff INDIANA PROTECTION AND ADVOCACY SERVICES. (Dial, Debra) (Entered: 05/22/2007)

CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff INDIANA PROTECTION AND ADVOCACY SERVICES. (Attachments: # 1 CMP Summary)(Dial, Debra) (Entered: 05/23/2007)

ORDER on 5/31/07 Initial Pretrial Conference: Parties appeared by counsel. The CMP 29 is denied. Parties are encouraged to stipulate to the facts to the extent possible, and shall file any such stipulations by 7/23/07 (See Order for S/J briefing schedule). Signed by Judge Tim A. Baker on 6/7/07. (SWM) (Entered: 06/08/2007)

Witness List and Exhibit List (preliminary), filed by Defendants LISA K. KELLUM, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, MITCH ROOB, CATHY BOGGS. (Schaefer, Michael) (Entered: 06/21/2007)

STIPULATION of undisputed facts, filed by Defendants LISA K. KELLUM, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, MITCH ROOB, CATHY BOGGS, Plaintiff INDIANA PROTECTION AND ADVOCACY SERVICES. (Dial, Debra) (Entered: 08/09/2007)

MOTION for Summary Judgment, filed by Plaintiff INDIANA PROTECTION AND ADVOCACY SERVICES., (Dial, Debra) (Entered: 08/15/2007)

BRIEF/MEMORANDUM in Support re 33 MOTION for Summary Judgment, filed by Plaintiff INDIANA PROTECTION AND ADVOCACY SERVICES. (Attachments: # 1 Appendix Part 1: Appendix for Brief in Support of Summary Judgment# 2 Appendix Part 2: Appendix for Brief in Support of Summary Judgment)(Dial, Debra) (Entered: 08/15/2007)

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MOTION for Extension of Time to October 17, 2007 to file response to 33 MOTION for Summary Judgment, filed by Defendants LISA K. KELLUM, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, MITCH ROOB, CATHY BOGGS. (Attachments: # 1 Text of Proposed Order for enlargement of time to respond to motion for summary judgment)(Schaefer, Michael) (Entered: 09/17/2007)

ORDER granting 35 Motion for Extension of Time to File Response re 33 MOTION for Summary Judgment. Response due by 10/17/2007. Signed by Judge John Daniel Tinder on 9/17/07 -cm. (EAH) (Entered: 09/17/2007)

RESPONSE in Opposition re 33 MOTION for Summary Judgment, filed by Defendants LISA K. KELLUM, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, MITCH ROOB, CATHY BOGGS. (Attachments: # 1 Affidavit of Dr. Beth Pfau# 2 Exhibit B - Curriculum Vitae# 3 Exhibit C - Report of Incident# 4 Exhibit D - Incident Panel Review)(Schaefer, Michael) (Entered: 10/16/2007)

MOTION to Consolidate Cases, filed by Defendants LISA K. KELLUM, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, MITCH ROOB, CATHY BOGGS., (Attachments: # 1 Text of Proposed Order granting motion to consolidate cases)(Schaefer, Michael) (Entered: 10/18/2007)

RESPONSE in Opposition re 33 MOTION for Summary Judgment Amended Memorandum, filed by Defendants LISA K. KELLUM, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, MITCH ROOB, CATHY BOGGS. (Schaefer, Michael) (Entered: 10/23/2007)

RESPONSE in Opposition re 38 MOTION to Consolidate Cases, filed by Plaintiff INDIANA PROTECTION AND ADVOCACY SERVICES. (Dial, Debra) (Entered: 10/25/2007)

REPLY in Support of Motion re 38 MOTION to Consolidate Cases reply to plaintiff's objection, filed by Defendants LISA K. KELLUM, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, MITCH ROOB, CATHY BOGGS. (Schaefer, Michael) (Entered: 10/26/2007)

ENTRY denying 38 Motion to Consolidate Cases (see entry). Signed by Judge John Daniel Tinder on 10/29/07 -cm. (EAH) (Entered: 10/29/2007)

First MOTION for Extension of Time to November 21, 2007 Plaintiff's Response, filed by Plaintiff INDIANA PROTECTION AND ADVOCACY SERVICES., (Attachments: # 1 Text of Proposed Order Extension of Time)(Ricks, Gary) (Entered: 11/16/2007)

ORDER granting 43 Motion for Extension of Time to File a response to 11/21/07 Signed by Judge John Daniel Tinder on 11/16/07. (CBU) (Entered: 11/20/2007)

REPLY in Support of Motion re 33 MOTION for Summary Judgment, filed by Plaintiff INDIANA PROTECTION AND ADVOCACY SERVICES. (Attachments: # 1 Exhibit to Support Reply)(Dial, Debra) (Entered: 11/21/2007)

NOTICE of Constitutional Question, filed by Defendants LISA K. KELLUM, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, MITCH ROOB, CATHY BOGGS (Schaefer, Michael) (Entered: 11/28/2007)

Surreply re 33 MOTION for Summary Judgment, filed by Defendants LISA K. KELLUM, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, MITCH ROOB, CATHY BOGGS. (Schaefer, Michael) (Entered: 11/28/2007)

Surreply re 33 MOTION for Summary Judgment amended, filed by Defendants LISA K. KELLUM, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, MITCH ROOB, CATHY BOGGS. (Schaefer, Michael) (Entered: 12/04/2007)

Reassignment of Case to Judge Larry J. McKinney. Judge John Daniel Tinder no longer assigned to the case. Please include the new case number ( 1:06-cv-1816-LJM-TAB), which includes the initials of the newly assigned judge, on all future filings in this matter. (PG) (Entered: 01/02/2008)

MOTION to Withdraw as Attorney, filed by Plaintiff INDIANA PROTECTION AND ADVOCACY SERVICES. (Attachments: # 1 Text of Proposed Order Withdrawal)(Dial, Debra) (Entered: 01/16/2008)

ORDER granting 50 Motion to Withdraw as Attorney. Attorney Milo G. Gray, Jr withdrawn. Signed by Judge Larry J. McKinney on 1/22/08. (PG) (Entered: 01/22/2008)

Statement of Interest by UNITED STATES OF AMERICA. (Chilakamarri, Varu) (Entered: 06/16/2008)

RESPONSE in Opposition and in Response to Statement of Interest of United States, filed by Defendants LISA K. KELLUM, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, MITCH ROOB, CATHY BOGGS. (Schaefer, Michael) (Entered: 06/27/2008)

RESPONSE re 53 Response in Opposition to Motion, filed by Plaintiff INDIANA PROTECTION AND ADVOCACY SERVICES. (Ricks, Gary) (Entered: 07/10/2008)

ORDER granting pltfs 33 Motion for Summary Judgment and denies defts motion for summary judgment Signed by Judge Larry J. McKinney on 7/28/08. (CBU) (Entered: 07/28/2008)

CLOSED JUDGMENT in favor of the pltf Indiana Protection and Advocacy Services (S.E. for date of deadline) Signed by Judge Larry J. McKinney on 7/28/08.(CBU) (Entered: 07/28/2008)

MOTION to Stay re 56 Closed Judgment, 55 Order on Motion for Summary Judgment Pending Notice of Appeal, filed by Defendants LISA K. KELLUM, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, MITCH ROOB, CATHY BOGGS. (Attachments: # 1 Text of Proposed Order Granting Motion to Stay Pending Appeal)(Schaefer, Michael) (Entered: 08/05/2008)

***DOCUMENT FILED AS DUPLICATE OF 57 PLEASE DISREGARD*** MOTION to Stay re 57 MOTION to Stay re 56 Closed Judgment, 55 Order on Motion for Summary Judgment Pending Notice of Appeal MOTION to Stay re 56 Closed Judgment, 55 Order on Motion for Summary Judgment Pending Notice of Appeal, filed by Defendants LISA K. KELLUM, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, MITCH ROOB, CATHY BOGGS. (Schaefer, Michael) Modified on 8/7/2008 (TRG). (Entered: 08/06/2008)

SUBMISSION of Corrected Proposed Order re 57 MOTION to Stay re 56 Closed Judgment, 55 Order on Motion for Summary Judgment Pending Notice of Appeal MOTION to Stay re 56 Closed Judgment, 55 Order on Motion for Summary Judgment Pending Notice of Appeal, filed by Defendants LISA K. KELLUM, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, MITCH ROOB, CATHY BOGGS. (Schaefer, Michael) Modified on 8/7/2008 (TRG). (Entered: 08/06/2008)

RESPONSE in Opposition re 59 MOTION to Stay re 57 MOTION to Stay re 56 Closed Judgment, 55 Order on Motion for Summary Judgment Pending Notice of Appeal MOTION to Stay re 56 Closed Judgment, 55 Order on Motion for Summary Judgment Pending Notice of Appeal MOTION to Stay re 57 MOTION to Stay re 56 Closed Judgment, 55 Order on Motion for Summary Judgment Pending Notice of Appeal MOTION to Stay re 56 Closed Judgment, 55 Order on Motion for Summary Judgment Pending Notice of Appeal, 57 MOTION to Stay re 56 Closed Judgment, 55 Order on Motion for Summary Judgment Pending Notice of Appeal MOTION to Stay re 56 Closed Judgment, 55 Order on Motion for Summary Judgment Pending Notice of Appeal, filed by Plaintiff INDIANA PROTECTION AND ADVOCACY SERVICES. (Dial, Debra) (Entered: 08/06/2008)

ORDER STAYING CASE pending Filing of Notice of Appeal. Signed by Judge Larry J. McKinney on 08/07/08.(PG) (Entered: 08/07/2008)

NOTICE OF APPEAL as to 55 Order on Motion for Summary Judgment, filed by Defendants LISA K. KELLUM, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, MITCH ROOB, CATHY BOGGS. (Attachments: # 1 Supplement Docketing Statement)(Schaefer, Michael) (Entered: 08/25/2008)

MOTION to Stay re 56 Closed Judgment, 55 Order on Motion for Summary Judgment pending Appeal, filed by Defendants LISA K. KELLUM, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, MITCH ROOB, CATHY BOGGS. (Attachments: # 1 Text of Proposed Order Granting Motion to Stay)(Schaefer, Michael) (Entered: 08/25/2008)

DOCKETING STATEMENT by all defendants re 62 Notice of Appeal (Schaefer, Michael) (Entered: 08/25/2008)

SEVENTH CIRCUIT APPEAL INFORMATION SHEET re 62 Notice of Appeal - Instructions for Attorneys - Parties' Short Record, Instructions, and Designation of Record information attached. (TMA) (Entered: 08/26/2008)

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 62 Notice of Appeal. - for Court of Appeals Use Only. (TMA) (Entered: 08/26/2008)

RECEIPT #IP 8580 in the amount of $ 455.00 for Appeal filing fee. (TRG) (Entered: 08/28/2008)

USCA Case Number 08-3183 for 62 Notice of Appeal filed by INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, MITCH ROOB, LISA K. KELLUM, CATHY BOGGS. (Attachments: # 1 Fee Notice and Order)(TMA) (Entered: 08/27/2008)

DESIGNATION of Record on Appeal by all defendants re 62 Notice of Appeal (Attachments: # 1 Supplement Record on Appeal)(Schaefer, Michael) (Entered: 09/03/2008)

RESPONSE in Opposition re 63 MOTION to Stay re 56 Closed Judgment, 55 Order on Motion for Summary Judgment pending Appeal MOTION to Stay re 56 Closed Judgment, 55 Order on Motion for Summary Judgment pending Appeal, filed by Plaintiff INDIANA PROTECTION AND ADVOCACY SERVICES. (Attachments: # 1 Text of Proposed Order)(Dial, Debra) (Entered: 09/03/2008)

ORDER granting 63 Motion to Stay Pending Appeal. Signed by Judge Larry J. McKinney on 09/03/2008. (TRG) (Entered: 09/04/2008)

DESIGNATION of Record on Appeal by all defendants re 62 Notice of Appeal (Attachments: # 1 Supplement record)(Schaefer, Michael) (Entered: 09/05/2008)

Certified and Transmitted Record on Appeal to US Court of Appeals (USCA request) re 62 Notice of Appeal, consisting of 1 CD (long record compiled per 69 & 72 Designation of Record). (TMA) (Entered: 12/09/2008)

Remark re 73 Certified and Transmitted Record on Appeal to US Court of Appeals - Record received/filed by the USCA on 12/15/08. (TMA)

MANDATE of USCA as to 62 Notice of Appeal filed by INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, MITCH ROOB, LISA K. KELLUM, CATHY BOGGS - The judgment of the district court is MODIFIED to provide that the declaratory and injunctive relief runs against only the named state officials in their official capacities. As modified, the judgment is AFFIRMED. The above is in accordance with the decision of this court entered on this date. Bill of Costs taxed in favor or Appellee, Indiana Protection and Advocacy Services, in the amount of $294.20. (No paper record to be returned.) (TMA) (Entered: 05/27/2010)