Case: Coomer v. Noel

NOTICE of Appearance by William Perry McCall, III on behalf of Plaintiffs Beatrice Coomer, tarin Cox, Lindsey Culver, Brittany Davey, Tina Edwards, Alisha Garcia, Brittany Gregory, Dejonae Hawkins, Courtney Huff, Roxanne Humphry, Jessica Jagger, Mary Johnson, Ashley Lames, Julie Lawson, Tabatha Rudolph, Ashley Santiago, April Snyder, Amanda Waters, Victoria Wimp, Carrie Wiseman. (McCall, William) (Entered: 06/21/2022)

COMPLAINT Jamie Noel et. al against All Defendants, filed by All Plaintiffs. (Filing fee $402, receipt number AINSDC-7154851) (Attachments: # 1 Civil Cover Sheet Cover Sheet, # 2 Proposed Summons David Lowe, # 3 Proposed Summons Jamie Noel, # 4 Proposed Summons Clark County Sheriff Department, # 5 Proposed Summons Unnamed Officers of the Clark County Sheriff Department)(McCall, William) Modified on 6/21/2022 to include payment information (LBT). (Entered: 06/21/2022)

1 Civil Cover Sheet Cover Sheet

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2 Proposed Summons David Lowe

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3 Proposed Summons Jamie Noel

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4 Proposed Summons Clark County Sheriff Department

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5 Proposed Summons Unnamed Officers of the Clark County Sheriff Department

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NOTICE of Appearance by Bart M. Betteau on behalf of Plaintiffs Beatrice Coomer, tarin Cox, Lindsey Culver, Brittany Davey, Tina Edwards, Alisha Garcia, Brittany Gregory, Dejonae Hawkins, Courtney Huff, Roxanne Humphry, Jessica Jagger, Mary Johnson, Ashley Lames, Julie Lawson, Tabatha Rudolph, Ashley Santiago, April Snyder, Amanda Waters, Victoria Wimp, Carrie Wiseman. (Betteau, Bart) (Entered: 06/21/2022)

CIVIL COVER SHEET, filed by Plaintiff Beatrice Coomer. (McCall, William) (Entered: 06/22/2022)

CIVIL COVER SHEET, filed by Plaintiff Beatrice Coomer. (McCall, William) (Entered: 06/22/2022)

Summons Issued as to Jamie Noel. (LF) (Main Document 7 replaced on 6/22/2022) (LF). (Entered: 06/22/2022)

***PLEASE DISREGARD-NOT A NAMED DEFENDANT***Summons Issued as to CLARK COUNTY SHERIFF DEPARTMENT. (LF) (Main Document 8 replaced on 6/22/2022) (LF). Modified on 6/23/2022 (TRG). (Entered: 06/22/2022)

Summons Issued as to David J Lowe. (LF) (Main Document 9 replaced on 6/22/2022) (LF). (Entered: 06/22/2022)

Summons Issued as to Unnamed Officers of the Clark County Sheriff's Department. (LF) (Main Document 10 replaced on 6/22/2022) (LF). (Entered: 06/22/2022)

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (LF) (Entered: 06/22/2022)

CONSENT to Jurisdiction to US Magistrate Judge by All Plaintiffs. (McCall, William) Modified to clarify docket text on 6/28/2022 (LF). (Entered: 06/27/2022)

NOTICE of Appearance by R. Jeffrey Lowe on behalf of Defendant JAMIE NOEL. (Lowe, R.) (Entered: 07/13/2022)

NOTICE of Parties' First Extension of Time re Filing a response to pleading defined by Fed. R. Civ. P. 7(a), filed by Defendant JAMIE NOEL. (Lowe, R.) (Entered: 07/14/2022)

RETURN of Service by CMRRR, filed by All Plaintiffs. DAVID LOWE served on 6/24/2022. (Attachments: # 1 Green Card, # 2 Tracking Results)(Betteau, Bart) (Entered: 07/19/2022)

1 Green Card

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2 Tracking Results

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RETURN of Service by CMRRR, filed by All Plaintiffs. UNNAMED OFFICERS OF THE CLARK COUNTY SHERIFF'S DEPARTMENT served on 6/24/2022. (Attachments: # 1 Green Card)(Betteau, Bart) (Entered: 07/19/2022)

1 Green Card

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RETURN of Service by CMRRR, filed by All Plaintiffs. JAMIE NOEL served on 6/24/2022. (Attachments: # 1 Green Card)(Betteau, Bart) (Entered: 07/19/2022)

ANSWER to 2 Complaint, filed by DAVID LOWE. (Attachments: # 1 Envelope)(LF) (Entered: 08/10/2022)

ENTRY ADDRESSING REQUEST FOR ASSISTANCE WITH RECRUITING COUNSEL: Mr. Lowe has not provided any information that would enable the Court to determine the merits of a request for pro bono counsel. The clerk is directed to send Mr. Lowe a motion for assistance recruiting counsel form and a motion to proceed in forma pauperis form, which he must use if he chooses to file a motion for assistance with recruiting counsel. See Order for details. Signed by Judge Tanya Walton Pratt on 8/12//2022. Copies mailed pursuant to distribution list. (Attachments: # 1 Motion for assistance recruiting counsel, # 2 Motion for IFP)(LF) (Entered: 08/15/2022)

ANSWER to 2 Complaint, filed by JAMIE NOEL.(Lowe, R.) (Entered: 08/16/2022)

SCHEDULING ORDER: Telephonic Initial Pretrial Conference set for 9/20/2022 at 11:00 AM (Eastern Time) before Magistrate Judge Debra McVicker Lynch. The parties shall attend the conference by calling 877-402-9753, access code 4693226. No fewer than seven days before the IPTC, counsel must file a proposed CMP. See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 8/19/2022 (Copy mailed to David Lowe).(LBT) (Entered: 08/19/2022)

SHOW CAUSE ORDER - The defendant shall have through September 16, 2022, in which to file a notice with the Court identifying the factual basis for the affirmative defense that some or all of the plaintiffs failed to exhaust their administrative remedies. Alternatively, the defendants may file a notice with the Court withdrawing the defense. See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 8/19/2022 (Copy mailed to David Lowe).(LBT) (Entered: 08/19/2022)

CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs BEATRICE COOMER, TARIN COX, LINDSEY CULVER, BRITTANY DAVEY, TINA EDWARDS, ALISHA GARCIA, BRITTANY GREGORY, DEJONAE HAWKINS, COURTNEY HUFF, ROXANNE HUMPHREY, JESSICA JAGGER, MARY JOHNSON, ASHLEY LAMES, JULIE LAWSON, TABATHA RUDOLPH, ASHLEY SANTIAGO, APRIL SNYDER, AMANDA WATERS, VICTORIA WIMP, CARRIE WISEMAN . (Betteau, Bart) (Entered: 09/13/2022)

RESPONSE to Court's Show Cause Order regarding Defendant's Affirmative Defense of Failure to Exhaust Administrative Remedies under the PLRA, re 22 Order to Show Cause, filed by Defendant JAMIE NOEL. (Lowe, R.) (Entered: 09/16/2022)

Minute Entry for September 20, 2022 Initial Pretrial Conference - All represented parties appeared by counsel for an initial pretrial conference. Pro se defendant David Lowe did not appear. Mr Lowe is ordered to show cause, in writing filed by October 5, 2022, why he should not be sanctioned for his failure to appear. Sanctions may include entry of default. The parties' proposed case management plan, dkt. 23, in 4:22-cv-00079-TWP-DML, is approved as submitted. This matter is set for a telephone status conference on December 20, 2022, at 9:30 a.m. (Eastern) with the assigned magistrate judge. Counsel and any unrepresented parties should call 888-363-4734, access code 5451691 to participate in the conference. Specifically, the parties should be prepared to (1) propose a briefing schedule for dispositive motions in support of the exhaustion defenses, (2) notify the court that there are material factual disputes that preclude resolution of the exhaustion defenses via a dispositive motion and request a Pavey hearing, or (3) notify the court that the defenses are being withdrawn. Signed by Magistrate Judge Debra McVicker Lynch. (AKW) (Entered: 09/22/2022)

ORDER: CASE MANAGEMENT PLAN APPROVED AS SUBMITTED Dispositive Motions due by 6/25/2023. Discovery due by 5/25/2023.. Signed by Magistrate Judge Debra McVicker Lynch on 9/22/2022. (LF) (Entered: 09/22/2022)

Order Regarding Discovery Disputes: Under Fed. R. Civ. P. 37(a)(1) and S.D. Ind. L.R. 37-1(a), counsel must confer in good faith to resolve a discovery dispute before involving the court in the dispute. If counsel have exhausted those efforts without resolving the dispute they must seek a discovery conference with the magistrate judge before the filing of a formal motion to compel or contested motion for protective order. See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 9/22/2022. Copy mailed per distribution list. (LF) (Entered: 09/22/2022)

ORDER TO SHOW CAUSE: On September 20, 2022, defendant David Lowe failed to appear for the initial pretrial conference with the magistrate judge. The court issued an order requiring Mr. Lowe to show cause, in writing filed by October 5, 2022, why he should not be sanctioned for failure to appear. Dkts. 25, 22. To date, no response to that order has been filed. Therefore, defendant Mr. Lowe is ORDERED to show cause by October 28, 2022, why he should not be sanctioned for his failure to comply with court orders. An entry of default will likely be made if Mr. Lowe does not appear and adequately show cause for his failure to comply with court orders. Signed by Magistrate Judge Debra McVicker Lynch on 10/7/2022. Copy mailed per Distribution list. (LF) (Entered: 10/07/2022)

RESPONSE, re 28 Order to Show Cause and change of address, filed by Defendant DAVID LOWE. (Attachments: # 1 Envelope)(LF) (Entered: 10/20/2022)

Order Discharging Show Cause Order: Defendant David Lowe failed to appear for a telephone status conference on September 20, 2022, and subsequently failed to respond to the court's show cause order. The court ordered him to show cause by October 28, 2022, why he should not be sanctioned for failing to appear. Dkt. 28. Mr. Lowe has responded, explaining that he was evicted from his prior residence and thus had not received notice about the hearing. Mr. Lowe has shown good cause for his failure to appear for the September 20, 2022, telephone status conference. Accordingly, the order to show cause, dkt. 28, is discharged. The clerk is directed to send Mr. Lowe a copy of the case management plan, dkt. 23, and a copy of the docket sheet with his copy of this Order. Mr. Lowe must notify the court if his address or contact information changes within 10 days of any such change. See Order. Signed by Magistrate Judge Debra McVicker Lynch on 10/21/2022. Copy mailed per distribution list. (Attachments: # 1 Docket 23, # 2 Docket Sheet)(LF) (Entered: 10/21/2022)

Reassignment of Case to Magistrate Judge Kellie M. Barr. Magistrate Judge Debra McVicker Lynch is no longer assigned to this case. Please include the new case number (4:22-cv-00079-TWP-KMB), which includes the initials of the newly assigned judge, on all future filings in this matter. (CJD) (Entered: 11/01/2022)

**STRICKEN PER DKT 33 **DISCOVERY Rule 26(a)(1) Initial Disclosures, filed by Plaintiffs BEATRICE COOMER, TARIN COX, LINDSEY CULVER, BRITTANY DAVEY, TINA EDWARDS, ALISHA GARCIA, BRITTANY GREGORY, DEJONAE HAWKINS, COURTNEY HUFF, ROXANNE HUMPHREY, JESSICA JAGGER, MARY JOHNSON, ASHLEY LAMES, JULIE LAWSON, TABATHA RUDOLPH, ASHLEY SANTIAGO, APRIL SNYDER, AMANDA WATERS, VICTORIA WIMP, CARRIE WISEMAN.(Betteau, Bart) Modified on 11/28/2022 (LF). (Entered: 11/23/2022)

ORDER STRIKING RULE 26 DISCLOSURES: According to Federal Rule of Civil Procedure 5(d), disclosures made under Rule 26(a)(1) "must not be filed until they are used in the proceeding or the court orders filing." Therefore, the Court STRIKES the Rule 26 initial disclosures filed by Plaintiffs on November 23, 2022, [Dkt. 32], but acknowledges they were served. See Order. Signed by Magistrate Judge Kellie M. Barr on 11/28/2022.(LF) (Entered: 11/28/2022)

DISCOVERY Preliminary Witness and Exhibit List, filed by Plaintiffs BEATRICE COOMER, TARIN COX, LINDSEY CULVER, BRITTANY DAVEY, TINA EDWARDS, ALISHA GARCIA, BRITTANY GREGORY, DEJONAE HAWKINS, COURTNEY HUFF, ROXANNE HUMPHREY, JESSICA JAGGER, MARY JOHNSON, ASHLEY LAMES, JULIE LAWSON, TABATHA RUDOLPH, ASHLEY SANTIAGO, APRIL SNYDER, AMANDA WATERS, VICTORIA WIMP, CARRIE WISEMAN.(Betteau, Bart) (Entered: 11/30/2022)

MOTION for Assistance with Recruiting Counsel, filed by Defendant DAVID LOWE. (Attachments: # 1 order)(LF) (Entered: 12/12/2022)

MOTION for Leave to Proceed in forma pauperis, filed by Defendant DAVID LOWE. (LF) (Entered: 12/12/2022)

MOTION to Dismiss Certain Plaintiffs, filed by Plaintiffs BEATRICE COOMER, TARIN COX, LINDSEY CULVER, BRITTANY DAVEY, TINA EDWARDS, ALISHA GARCIA, BRITTANY GREGORY, DEJONAE HAWKINS, COURTNEY HUFF, ROXANNE HUMPHREY, JESSICA JAGGER, MARY JOHNSON, ASHLEY LAMES, JULIE LAWSON, TABATHA RUDOLPH, ASHLEY SANTIAGO, APRIL SNYDER, AMANDA WATERS, VICTORIA WIMP, CARRIE WISEMAN. (Betteau, Bart) (Entered: 12/19/2022)

Order Granting 36 Motion to Proceed In Forma Pauperis andDenying Without Prejudice 35 Renewed Motion for Counsel: Mr. Lowe's motion for leave to proceed in forma pauperis, dkt. 36, is granted to the extent that it demonstrates that Mr. Lowe cannot afford to hire counsel to represent him. Mr. Lowe's motion for assistance recruiting counsel is denied without prejudice because Mr. Lowe is capable of participating in discovery without the assistance of counsel. Dkt. 35 . The Court will remain alert to changes in circumstances that may warrant reconsideration of the motion, such as a settlement conference or trial. See order for details. Signed by Judge Tanya Walton Pratt on 12/20/2022. Copy mailed per Distribution list. (LF) (Entered: 12/20/2022)

Minute Entry for December 20, 2022, Telephonic Status Conference - The Plaintiffs, by counsel, and pro se Defendant David Lowe appeared for a telephonic status conference. R. Jeffrey Lowe, counsel for Defendant Jamey Noel, failed to appear. The Defendants have asserted the defense that some of the Plaintiffs have failed to exhaust the Clark County Jail's administrative remedies before filing suit. This defense must be resolved before reaching the merits of these cases. See Pavey v. Conley, 544 F.3d 739, 742 (7th Cir. 2008). After the September 22, 2022, initial pretrial conference, the Parties were directed to be prepared to discuss the following at today's conference: (1) propose a briefing schedule for dispositive motions in support of the exhaustion defense, (2) notify the Court that there are material factual disputes that preclude resolution of the defense via a dispositive motion and request a Pavey hearing, or (3) notify the Court that the defense is being withdrawn. [Dkt. 25.] Given Attorney Lowe's absence and ongoing discovery related to exhaustion, the Parties were not prepared to discuss the above. Thus, this matter is set for another telephonic status conference on February 13, 2023, at 1:00 p.m. (Eastern) to discuss further proceedings related to the exhaustion defense. Counsel and any unrepresented Parties shall attend the conference by calling 877-402-9753, access code 4693226. The Parties have through February 3, 2023, to file (1) a notice with a proposed briefing schedule for dispositive motions for the exhaustion defense, (2) a notice stating whether a Pavey hearing will be necessary with a date by which the parties will be ready for the Pavey hearing, or (3) a notice that the exhaustion defense is being withdrawn. Attorney Lowe is ordered to show cause, in writing filed by December 27, 2022, why he should not be sanctioned for his failure to appear. Signed by Magistrate Judge Kellie M. Barr. (Copy mailed to Defendant Lowe.) (AKW) (Entered: 12/21/2022)

MOTION for Protective Order, filed by Defendant DAVID LOWE. (Attachments: # 1 Exhibits)(LBT) (Entered: 12/22/2022)

Joint MOTION for Extension of Time to 15 days following Order on Motion to Dismiss, 30 days following discovery, filed by Plaintiffs BEATRICE COOMER, TARIN COX, LINDSEY CULVER, BRITTANY DAVEY, TINA EDWARDS, ALISHA GARCIA, BRITTANY GREGORY, DEJONAE HAWKINS, COURTNEY HUFF, ROXANNE HUMPHREY, JESSICA JAGGER, MARY JOHNSON, ASHLEY LAMES, JULIE LAWSON, TABATHA RUDOLPH, ASHLEY SANTIAGO, APRIL SNYDER, AMANDA WATERS, VICTORIA WIMP, CARRIE WISEMAN. (Attachments: # 1 Text of Proposed Order Proposed Order for Extension of Time)(Betteau, Bart) (Entered: 12/22/2022)

RESPONSE to Show Cause Order, re 39 Status ConferenceSet Hearings, filed by Defendant JAMIE NOEL. (Lowe, R.) (Entered: 12/27/2022)

ORDER granting 41 Motion for Extending Deadlines: All Plaintiffs will have fifteen days from the Court's ruling on the Coomer Plaintiffs' Motion to Dismiss, dkt. 37, to file an Amended Complaint. All Plaintiffs have thirty days from service of all outstanding discovery responses to serve a statement of special damages and make a settlement proposal to Defendants. See Order. Signed by Magistrate Judge Kellie M. Barr on 12/28/2022. Copy mailed per Distribution List. (LF) (Entered: 12/28/2022)

ORDER DISCHARGING SHOW CAUSE ORDER: Counsel for Defendant Jamey Noel was ordered to show cause why he did not appear for the December 20, 2022, telephonic status conference. Counsel has responded, explaining that his failure to appear was due to his negligent failure to calendar the conference. Counsel apologized for the oversight and has taken affirmative steps within his office to ensure this does not happen again. The Court is satisfied with counsel's explanation and hereby discharges the show cause order. See order. Signed by Magistrate Judge Kellie M. Barr on 12/28/2022. Copy mailed per Distribution list. (LF) (Entered: 12/29/2022)

RESPONSE in Opposition re 37 MOTION to Dismiss Certain Plaintiffs, filed by Defendant JAMIE NOEL. (Attachments: # 1 Exhibit 1 - Chronological Case Summary for Alisha Garcia, # 2 Exhibit 2 Chronological Case Summary Brittany Gregory)(Lowe, R.) (Entered: 01/03/2023)

ORDER DIRECTING PARTIES TO RESPOND: Pro se defendant David Lowe has filed a motion for protective order to prohibit the parties, counsel, law enforcement officials, and court personnel from disseminating information or releasing statements about this case. See dkt. 40 (4:22-cv-00079-TWP-KMB) and dkt. 42 (4:22-cv-00094-SEB-KMB). The parties are ordered to respond to the motion by January 19, 2023. See Order. Signed by Magistrate Judge Kellie M. Barr on 1/10/2023. Copy mailed per Distribution list. (LF) (Entered: 01/10/2023)

REPLY in Support of Motion re 37 MOTION to Dismiss Certain Plaintiffs reply to Defendant Noels response, filed by Plaintiffs BEATRICE COOMER, TARIN COX, LINDSEY CULVER, BRITTANY DAVEY, TINA EDWARDS, ALISHA GARCIA, BRITTANY GREGORY, DEJONAE HAWKINS, COURTNEY HUFF, ROXANNE HUMPHREY, JESSICA JAGGER, MARY JOHNSON, ASHLEY LAMES, JULIE LAWSON, TABATHA RUDOLPH, ASHLEY SANTIAGO, APRIL SNYDER, AMANDA WATERS, VICTORIA WIMP, CARRIE WISEMAN. (Betteau, Bart) (Entered: 01/10/2023)

First MOTION to Amend/Correct motion to dismiss, filed by Plaintiffs BEATRICE COOMER, TARIN COX, LINDSEY CULVER, BRITTANY DAVEY, TINA EDWARDS, ALISHA GARCIA, BRITTANY GREGORY, DEJONAE HAWKINS, COURTNEY HUFF, ROXANNE HUMPHREY, JESSICA JAGGER, MARY JOHNSON, ASHLEY LAMES, JULIE LAWSON, TABATHA RUDOLPH, ASHLEY SANTIAGO, APRIL SNYDER, AMANDA WATERS, VICTORIA WIMP, CARRIE WISEMAN. (Betteau, Bart) (Entered: 01/10/2023)

Exhibit List (Preliminary), filed by Defendant JAMIE NOEL, Witness List (Preliminary), filed by Defendant JAMIE NOEL. (Lowe, R.) (Entered: 01/13/2023)

NOTICE of Appearance by Whitney Elizabeth Wood on behalf of Defendant JAMIE NOEL. (Wood, Whitney) (Entered: 01/17/2023)

RESPONSE in Opposition re 40 MOTION for Protective Order, filed by Defendant JAMIE NOEL. (Wood, Whitney) (Entered: 01/17/2023)

RESPONSE in Opposition re 40 MOTION for Protective Order, filed by Plaintiffs BEATRICE COOMER, TARIN COX, LINDSEY CULVER, BRITTANY DAVEY, TINA EDWARDS, ALISHA GARCIA, BRITTANY GREGORY, DEJONAE HAWKINS, COURTNEY HUFF, ROXANNE HUMPHREY, JESSICA JAGGER, MARY JOHNSON, ASHLEY LAMES, JULIE LAWSON, TABATHA RUDOLPH, ASHLEY SANTIAGO, APRIL SNYDER, AMANDA WATERS, VICTORIA WIMP, CARRIE WISEMAN. (Attachments: # 1 Order Denying Protective Order)(Betteau, Bart) (Entered: 01/18/2023)

Mail Returned as undeliverable. 28 Order to Show Cause sent to DAVID LOWE at 8145 Berkshire Pointe Dr. New Salsbury IN 47161. Document re-sent/mailed to updated address on 1-19-2023. (LF) (Entered: 01/19/2023)

RESPONSE in Opposition re 48 First MOTION to Amend/Correct motion to dismiss, filed by Defendant JAMIE NOEL. (Attachments: # 1 Exhibit A - Clark Co. Inmate Jail Handbook)(Wood, Whitney) (Entered: 01/19/2023)

Mail Returned as undeliverable. 25 Minute Entry sent to DAVID LOWE at 8145 Berkshire Pointe Dr., New Salsbury, IN 47161. Envelope marked unable to forward. **Document resent to DAVID LOWE at new address.** (LBT) (Entered: 01/19/2023)

Amended MOTION to Dismiss Certain Plaintiffs, filed by Plaintiffs BEATRICE COOMER, TARIN COX, LINDSEY CULVER, BRITTANY DAVEY, TINA EDWARDS, ALISHA GARCIA, BRITTANY GREGORY, DEJONAE HAWKINS, COURTNEY HUFF, ROXANNE HUMPHREY, JESSICA JAGGER, MARY JOHNSON, ASHLEY LAMES, JULIE LAWSON, TABATHA RUDOLPH, ASHLEY SANTIAGO, APRIL SNYDER, AMANDA WATERS, VICTORIA WIMP, CARRIE WISEMAN. (Betteau, Bart) (Entered: 01/24/2023)

Amended MOTION to Dismiss Certain Plaintiffs (3rd Amended), filed by Plaintiffs BEATRICE COOMER, TARIN COX, LINDSEY CULVER, BRITTANY DAVEY, TINA EDWARDS, ALISHA GARCIA, BRITTANY GREGORY, DEJONAE HAWKINS, COURTNEY HUFF, ROXANNE HUMPHREY, JESSICA JAGGER, MARY JOHNSON, ASHLEY LAMES, JULIE LAWSON, TABATHA RUDOLPH, ASHLEY SANTIAGO, APRIL SNYDER, AMANDA WATERS, VICTORIA WIMP, CARRIE WISEMAN. (Betteau, Bart) (Entered: 02/01/2023)

REPLY in Support of Motion re 48 First MOTION to Amend/Correct motion to dismiss Certain Plaintiffs, filed by Plaintiffs BEATRICE COOMER, TARIN COX, LINDSEY CULVER, BRITTANY DAVEY, TINA EDWARDS, ALISHA GARCIA, BRITTANY GREGORY, DEJONAE HAWKINS, COURTNEY HUFF, ROXANNE HUMPHREY, JESSICA JAGGER, MARY JOHNSON, ASHLEY LAMES, JULIE LAWSON, TABATHA RUDOLPH, ASHLEY SANTIAGO, APRIL SNYDER, AMANDA WATERS, VICTORIA WIMP, CARRIE WISEMAN. (Betteau, Bart) (Entered: 02/01/2023)

Unopposed MOTION for Extension of Time to 2/8/2023 in which to 39 Status ConferenceSet Hearings Serve Notice regarding PLRA exhaustion defense, filed by Defendant JAMIE NOEL. (Attachments: # 1 Text of Proposed Order Granting Motion for Extension)(Lowe, R.) (Entered: 02/03/2023)

Mail Returned as undeliverable. 27 Order sent to DAVID LOWE at 8145 Berkshire Point Dr, New Salsbury IN 47161. Mr. Lowe address has been updated. Order will be mail to the updated address on filed. (LF) (Entered: 02/07/2023)

ORDER GRANTING DEFENDANT, JAMEY NOEL'S, UNOPPOSED MOTION TO EXTEND THE TIME TO RESPOND TO THE COURT DECEMBER 20, 2022 MINUTE ENTRY REGARDING THE PLRA EXHAUSTION DEFENSE: IT IS THEREFORE, ORDERED, ADJUDGED AND DECREED, the deadline for the Parties to submit a notice to the Court to either (1) submit a briefing schedule on the PLRA Exhaustion Defense, (2) request a Pavey hearing on the defense or (3) waive the defense is extended from February 3, 2023 to February 8, 2023. See Order. Signed by Magistrate Judge Kellie M. Barr on 2/7/2023. Copy mailed per Distribution list. (LF) (Entered: 02/07/2023)

Unopposed MOTION to Consolidate Cases, filed by Plaintiffs BEATRICE COOMER, TARIN COX, LINDSEY CULVER, BRITTANY DAVEY, TINA EDWARDS, ALISHA GARCIA, BRITTANY GREGORY, DEJONAE HAWKINS, COURTNEY HUFF, ROXANNE HUMPHREY, JESSICA JAGGER, MARY JOHNSON, ASHLEY LAMES, JULIE LAWSON, TABATHA RUDOLPH, ASHLEY SANTIAGO, APRIL SNYDER, AMANDA WATERS, VICTORIA WIMP, CARRIE WISEMAN. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Consolidation)(Betteau, Bart) (Entered: 02/08/2023)

NOTICE of Waiver of PLRA Failure to Exhaust Administrative Remedies Defense, filed by Defendant JAMIE NOEL, re 61 Order on Motion for Extension of Time to File. (Lowe, R.) (Entered: 02/08/2023)

ORDER DENYING MOTION FOR PROTECTIVE ORDER - 40 Motion for Protective Order is DENIED. This denial shall not be construed as limiting any Party's ability to notify the Court in the future should statements be made that pose a serious and imminent threat of interference to the administration of justice, such that it would be proper for the Court to issue a protective order at that time. See Order for details. Signed by Magistrate Judge Kellie M. Barr on 2/9/2023 (Copy mailed to David Lowe). (LBT) (Entered: 02/09/2023)

MINUTE ENTRY for February 13, 2023, Telephonic Status Conference - The plaintiffs, by counsel; defendant Jamey Noel, by counsel; and pro se defendant David Lowe appeared for a telephonic status conference.The plaintiffs have jointly moved for consolidation of these two actions, and it was noted in their motion that Defendant Noel had no objection to consolidation. Dkt. 62 at 7. Defendant Lowe confirmed at the status conference that he does not object to consolidating these two cases into one.The parties discussed Defendant Noel's withdrawal of the exhaustion defense. See dkt. 63 . The plaintiffs in Coomer, 4:22-cv-76, expressed that they still want the Court to rule on their motion to dismiss certain plaintiffs, dkt. 37, and related motions, dkts. 48, 56, 57 . Discovery is ongoing, and the parties intend to move for an extension of the pretrial deadlines in the Case Management Plan. They have through February 17, 2023, to file a proposed amended case management plan.This matter is set for a settlement conference on August 15, 2023, at the Lee H. Hamilton Federal Building & U.S. Courthouse, located at 121 W. Spring Street, New Albany, IN, 47150. Additional details to prepare for the settlement conference will issue by separate entry. Signed by Magistrate Judge Kellie M. Barr. (Copy mailed to David Lowe). (AKW) (Entered: 02/14/2023)

Proposed Amended CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs BEATRICE COOMER, TARIN COX, LINDSEY CULVER, BRITTANY DAVEY, TINA EDWARDS, ALISHA GARCIA, BRITTANY GREGORY, DEJONAE HAWKINS, COURTNEY HUFF, ROXANNE HUMPHREY, JESSICA JAGGER, MARY JOHNSON, ASHLEY LAMES, JULIE LAWSON, TABATHA RUDOLPH, ASHLEY SANTIAGO, APRIL SNYDER, AMANDA WATERS, VICTORIA WIMP, CARRIE WISEMAN . (Betteau, Bart) (Entered: 02/17/2023)

ORDER DENYING MOTIONS TO DISMISS PLAINTIFFS AND GRANTING MOTION TO CONSOLIDATE: Plaintiffs' Motions to Dismiss Certain Plaintiffs Without Prejudice, Dkts. 37, 48, 56, 57, are DENIED because Federal Rule of Civil Procedure 41 applies to dismissal of actions, not claims or parties. Plaintiffs may dismiss parties in this action by amending their Complaint pursuant to Federal Rule of Civil Procedure 15. Plaintiffs' Motion to Consolidate this case and Case No. 4:22-cv-00094-SEB-KMB, Dkt. 62, is GRANTED as specified in Section III above. The Clerk is directed to update the spelling of Sheriff Noel's first name from "Jamie" to "Jamey." See Order for details. Signed by Judge Tanya Walton Pratt on 2/17/2023. Copy mailed per Distribution list. (LF) (Entered: 02/17/2023)

ORDER: Both for completeness of the record and so that the assigned District Judge and Magistrate Judge in 4:22-cv-00079-TWP-KMB are aware of the names for conflict and recusal screening purposes, no later than March 3, 2023, the Doe Plaintiffs are ORDERED to file under seal a disclosure statement with their true names in No. 4:22-cv-00079-TWP-KMB. Because this Order is a prior authorization to file that disclosure under seal, a motion to seal is not required; only a cover sheet and citation to this Order are required. See Order. Signed by Magistrate Judge Kellie M. Barr on 2/21/2023. Copy mailed per Distribution list (LF) (Entered: 02/21/2023)

ORDER: AMENDED CASE MANAGEMENT PLAN: Dispositive Motions due by 9/25/2023. Discovery due by 8/25/2023. See Order. Signed by Magistrate Judge Kellie M. Barr on 2/27/2023. (LF) (Entered: 02/28/2023)

AMENDED COMPLAINT FOR DAMAGES AND JURY DEMAND against DAVID LOWE, CALEB BOGER, KASSIDY MAY-WILSON, JESSE MCCUTCHEON, AUSTIN PHILLIPS, SCOTTIE MAPLES, MARK MEYERS, DAKOTA BROWN, filed by JANE DOE 1-8.(Wagner, Stephen) (Entered: 03/02/2023)

SEALED Cover Sheet & Disclosure Statement of Jane Does True Names (1-3), filed by Consol Plaintiff JANE DOE 1-8. (Swafford, Laura) (Entered: 03/03/2023)

AMENDED COMPLAINT against All Defendants, filed by JESSICA JAGGER, BRITTANY GREGORY, APRIL SNYDER, TARIN COX, BEATRICE COOMER, AMANDA WATERS, ASHLEY SANTIAGO, ASHLEY LAMES, ALISHA GARCIA, LINDSEY CULVER, COURTNEY HUFF, MARY JOHNSON, CARRIE WISEMAN, JULIE LAWSON, TABATHA RUDOLPH, DEJONAE HAWKINS, BRITTANY DAVEY, VICTORIA WIMP, ROXANNE HUMPHREY, TINA EDWARDS. (Attachments: # 1 Exhibit Notice of Tort Claim, # 2 Exhibit Notice of Tort Claim, # 3 Exhibit Notice of Tort Claim)(Betteau, Bart) (Entered: 03/03/2023)

Notice of Lawsuit & Request for Waiver of Service for Summons Supplied

Notice of Lawsuit & Request for Waiver of Service for Summons Supplied

Notice of Lawsuit & Request for Waiver of Service for Summons Supplied

Notice of Lawsuit & Request for Waiver of Service for Summons Supplied

Notice of Lawsuit & Request for Waiver of Service for Summons Supplied

Notice of Lawsuit & Request for Waiver of Service for Summons Supplied

Waiver of Service Executed

Waiver of Service Executed

Waiver of Service Executed

Waiver of Service Executed

Waiver of Service Executed

Waiver of Service Executed

Waiver of Service Executed

Notice of Lawsuit & Request for Waiver of Service for Summons Supplied

Notice of Lawsuit & Request for Waiver of Service for Summons Supplied

Notice of Lawsuit & Request for Waiver of Service for Summons Supplied

Notice of Lawsuit & Request for Waiver of Service for Summons Supplied

Notice of Lawsuit & Request for Waiver of Service for Summons Supplied

Notice of Lawsuit & Request for Waiver of Service for Summons Supplied

Notice of Lawsuit & Request for Waiver of Service for Summons Supplied

RETURN of Service by CMRRR, filed by All Plaintiffs. DAVID LOWE served on 3/8/2023. (Attachments: # 1 Receipt Certified Mail Receipt and Green Card)(Betteau, Bart) (Entered: 03/27/2023)

SCHEDULING ORDER: Having approved the Case Management Plan as amended, the Court hereby sets the final pretrial conference on April 17, 2024, at 10:00 a.m., in Room 330, Birch Bayh Federal Building and United States Courthouse, Indianapolis, Indiana, and the jury trial to begin on May 13, 2024 at 9:00 a.m., in Courtroom 200, United States Courthouse, New Albany, 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 preparatory to trial. See Order. Signed by Judge Tanya Walton Pratt on 3/31/2023. Copy mailed per Distribution list. (LF) (Entered: 03/31/2023)

COURTROOM PROCEDURES AND TRIAL PRACTICES before Judge Tanya Walton Pratt. (LF) (Entered: 03/31/2023)

WAIVER OF SERVICE Returned Executed, filed by AUSTIN PHILLIPS. (Lowe, R.) (Entered: 04/06/2023)

WAIVER OF SERVICE Returned Executed, filed by DAKOTA BROWN. (Lowe, R.) (Entered: 04/06/2023)

WAIVER OF SERVICE Returned Executed, filed by JESSE MCCUTCHEON. (Lowe, R.) (Entered: 04/06/2023)

WAIVER OF SERVICE Returned Executed, filed by KASSIDY MAY-WILSON. (Lowe, R.) (Entered: 04/06/2023)

WAIVER OF SERVICE Returned Executed, filed by MARK MEYER. MARK MEYER waiver sent on 3/3/2023. (Lowe, R.) (Entered: 04/06/2023)

WAIVER OF SERVICE Returned Executed, filed by SCOTTIE MAPLES. (Lowe, R.) (Entered: 04/06/2023)