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Case: Huggins v. ABK Tracking, Inc.

3:22-cv-00135 | U.S. District Court for the Southern District of Indiana

Filed Date: Aug. 30, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

(This summary is temporary while we research the case.)

This case in Indiana is about Vanderburgh County's practice, in collaboration with a private corporation known as ABK, of charging exorbitant fees for drug and alcohol testing, as well as electronic monitoring. The county's practice includes putting those who cannot pay in jail.

Summary Authors

Isabel Hershey (11/23/2022)

Documents in the Clearinghouse

Document
2

3:22-cv-00135

Class Action Complaint and Demand for Jury Trial

Aug. 30, 2022

Aug. 30, 2022

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/64935156/huggins-v-abk-tracking-inc/

Last updated Nov. 23, 2022, 11:30 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE of Appearance by Jeremy Wayne Schnepper on behalf of Plaintiffs WILLIAMS HUGGINS, HOBERT KEITH MILLER. (Schnepper, Jeremy) (Entered: 08/30/2022)

Aug. 30, 2022

Aug. 30, 2022

PACER
2

COMPLAINT against All Defendants, filed by All Plaintiffs. (Filing fee $402, receipt number AINSDC-7258205) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Civil Cover Sheet, # 15 Proposed Summons)(Telfeyan, Phil) (Entered: 08/30/2022)

Aug. 30, 2022

Aug. 30, 2022

Clearinghouse
3

NOTICE of Appearance by Phil Telfeyan on behalf of Plaintiffs WILLIAMS HUGGINS, HOBERT KEITH MILLER. (Telfeyan, Phil) (Entered: 08/30/2022)

Aug. 30, 2022

Aug. 30, 2022

PACER
4

Summons Issued as to ABK ALARMS, INC., ABK REMOTE DRUG TESTING, INC., ABK TRACKING, INC., DAVID KIELY, VANDERBURGH COUNTY, INDIANA. (AAS) (Entered: 08/31/2022)

Aug. 31, 2022

Aug. 31, 2022

PACER
5

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AAS) (Entered: 08/31/2022)

Aug. 31, 2022

Aug. 31, 2022

PACER
6

NOTICE of Appearance by Patrick A. Shoulders on behalf of Defendant VANDERBURGH COUNTY, INDIANA. (Shoulders, Patrick) (Entered: 09/01/2022)

Sept. 1, 2022

Sept. 1, 2022

PACER
7

NOTICE of Appearance by Matthew Stephen Koressel on behalf of Defendant VANDERBURGH COUNTY, INDIANA. (Koressel, Matthew) (Entered: 09/01/2022)

Sept. 1, 2022

Sept. 1, 2022

PACER
8

NOTICE of Appearance by Bernard Lobermann, IV on behalf of Defendant VANDERBURGH COUNTY, INDIANA. (Lobermann, Bernard) (Entered: 09/02/2022)

Sept. 2, 2022

Sept. 2, 2022

PACER
9

ORDER OF RECUSAL. Clerk is directed to randomly reassign case and notify parties of newly assigned Judge. Signed by Judge Richard L. Young on 9/02/2022. (TMD) (Entered: 09/02/2022)

Sept. 2, 2022

Sept. 2, 2022

PACER
10

NOTICE of Reassignment of Case to Judge James Patrick Hanlon. Judge Richard L. Young is no longer assigned to this case. Please include the new case number, 3:22-cv-00135-JPH-MPB, on all future filings in this matter. (JRB) (Entered: 09/02/2022)

Sept. 2, 2022

Sept. 2, 2022

PACER
11

NOTICE of Appearance by David L. Jones on behalf of Defendant VANDERBURGH COUNTY, INDIANA. (Jones, David) (Entered: 09/06/2022)

Sept. 6, 2022

Sept. 6, 2022

PACER
12

NOTICE of Appearance by Craig R. Emig on behalf of Defendant VANDERBURGH COUNTY, INDIANA. (Emig, Craig) (Entered: 09/06/2022)

Sept. 6, 2022

Sept. 6, 2022

PACER
13

WAIVER OF SERVICE Returned Executed, filed by VANDERBURGH COUNTY, INDIANA. VANDERBURGH COUNTY, INDIANA waiver sent on 8/30/2022. (Koressel, Matthew) (Entered: 09/06/2022)

Sept. 6, 2022

Sept. 6, 2022

PACER
14

NOTICE of Appearance by Alex Maurice Beeman on behalf of Defendants ABK ALARMS, INC., ABK REMOTE DRUG TESTING, INC., ABK TRACKING, INC.. (Beeman, Alex) (Entered: 09/13/2022)

Sept. 13, 2022

Sept. 13, 2022

PACER
15

Corporate Disclosure Statement by ABK ALARMS, INC.. (Beeman, Alex) (Entered: 09/13/2022)

Sept. 13, 2022

Sept. 13, 2022

PACER
16

Corporate Disclosure Statement by ABK REMOTE DRUG TESTING, INC.. (Beeman, Alex) (Entered: 09/13/2022)

Sept. 13, 2022

Sept. 13, 2022

PACER
17

Corporate Disclosure Statement by ABK TRACKING, INC.. (Beeman, Alex) (Entered: 09/13/2022)

Sept. 13, 2022

Sept. 13, 2022

PACER
18

WAIVER OF SERVICE Returned Executed, filed by ABK ALARMS, INC.. ABK ALARMS, INC. waiver sent on 8/30/2022. (Beeman, Alex) (Entered: 09/13/2022)

Sept. 13, 2022

Sept. 13, 2022

PACER
19

WAIVER OF SERVICE Returned Executed, filed by ABK REMOTE DRUG TESTING, INC.. ABK REMOTE DRUG TESTING, INC. waiver sent on 8/30/2022. (Beeman, Alex) (Entered: 09/13/2022)

Sept. 13, 2022

Sept. 13, 2022

PACER
20

WAIVER OF SERVICE Returned Executed, filed by ABK TRACKING, INC.. ABK TRACKING, INC. waiver sent on 8/30/2022. (Beeman, Alex) (Entered: 09/13/2022)

Sept. 13, 2022

Sept. 13, 2022

PACER
21

NOTICE of Appearance by Caryn Nieman Szyper on behalf of Defendant DAVID KIELY. (Szyper, Caryn) (Entered: 09/15/2022)

Sept. 15, 2022

Sept. 15, 2022

PACER
22

WAIVER OF SERVICE Returned Executed, filed by DAVID KIELY. DAVID KIELY waiver sent on 8/30/2022. (Szyper, Caryn) (Entered: 09/15/2022)

Sept. 15, 2022

Sept. 15, 2022

PACER
23

NOTICE of Appearance by Aaron M. Ridlen on behalf of Defendant DAVID KIELY. (Ridlen, Aaron) (Entered: 09/16/2022)

Sept. 16, 2022

Sept. 16, 2022

PACER
24

NOTICE of Appearance by Jill Gagnon Haddad on behalf of Defendant DAVID KIELY. (Haddad, Jill) (Entered: 09/16/2022)

Sept. 16, 2022

Sept. 16, 2022

PACER
25

ORDER SETTING INITIAL PRE-TRIAL CONFERENCE - Initial Telephonic Pretrial Conference set for 11/18/2022 at 10:30 AM (Central Time) before Magistrate Judge Matthew P. Brookman. The information needed to participate in this telephonic conference will be provided by a separate notification. No fewer than seven (7) days before the IPTC, counsel must file a Proposed CMP. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 9/21/2022.(JRB) (Entered: 09/21/2022)

Sept. 21, 2022

Sept. 21, 2022

PACER
26

MOTION for Attorney(s) Natasha Baker to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7331358), filed by Plaintiffs WILLIAMS HUGGINS, HOBERT KEITH MILLER. (Attachments: # 1 Text of Proposed Order)(Baker, Natasha) (Entered: 10/19/2022)

Oct. 19, 2022

Oct. 19, 2022

PACER
27

ORDER granting 26 Motion to Appear pro hac vice. Attorney Natasha Baker for WILLIAMS HUGGINS,Natasha Baker for HOBERT KEITH MILLER added. Signed by Magistrate Judge Matthew P. Brookman on 10/20/2022. (JRB) (Entered: 10/20/2022)

Oct. 20, 2022

Oct. 20, 2022

PACER
28

NOTICE of Parties' First Extension of Time re, filed by Defendant VANDERBURGH COUNTY, INDIANA. (Koressel, Matthew) (Entered: 10/26/2022)

Oct. 26, 2022

Oct. 26, 2022

PACER
29

NOTICE of Parties' First Extension of Time re Filing a response to pleading defined by Fed. R. Civ. P. 7(a), filed by Defendants ABK ALARMS, INC., ABK REMOTE DRUG TESTING, INC., ABK TRACKING, INC.. (Beeman, Alex) (Entered: 10/26/2022)

Oct. 26, 2022

Oct. 26, 2022

PACER
30

NOTICE of Parties' First Extension of Time re Filing a response to pleading defined by Fed. R. Civ. P. 7(a), filed by Defendant DAVID KIELY. (Szyper, Caryn) (Entered: 10/26/2022)

Oct. 26, 2022

Oct. 26, 2022

PACER
32

Joint CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs WILLIAMS HUGGINS, HOBERT KEITH MILLER . (Baker, Natasha) (Entered: 11/10/2022)

Nov. 10, 2022

Nov. 10, 2022

PACER
33

ORDER OF REFERENCE - The parties have consented to the exercise of jurisdiction by a United States Magistrate Judge. Dkt. 32 . This case is, therefore, REFERRED to the currently assigned United States Magistrate Judge, The Honorable Matthew P. Brookman, to conduct all proceedings and order the entry of judgment in accordance with 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73. If this case is reassigned to a different magistrate judge, any attorney or party of record may object within 30 days of that reassignment. If no objection is filed, the consent will remain in effect. This action's case number SHALL be amended as shown above to reflect this referral to the Magistrate Judge. Signed by Judge James Patrick Hanlon on 11/14/2022.(JRB) (Entered: 11/14/2022)

Nov. 14, 2022

Nov. 14, 2022

PACER
34

MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Initial Pretrial Conference held on 11/18/2022. Briefing for Plaintiffs' anticipated preliminary injunction motion shall be as follows: A. Plaintiffs' motion and brief shall be filed by December 19, 2022. B. Defendants' response shall be filed by January 3, 2023. C. Plaintiffs' reply shall be filed by January 9, 2023. Discovery relating to the preliminary injunction shall be completed by December 19, 2022. A PRELIMINARY INJUCTION HEARING is set for 1/18/2023 at 01:00 PM (Central Time) in room #359, United States Courthouse, 101 Northwest MLK Boulevard, Evansville, Indiana before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman. (TMB) (Entered: 11/18/2022)

Nov. 18, 2022

Nov. 18, 2022

PACER
35

ORDER: CASE MANAGEMENT PLAN APPROVED AS SUBMITTED. Dispositive Motions due by 8/30/2023. Discovery due by 6/30/2023. Signed by Magistrate Judge Matthew P. Brookman on 11/18/2022.(TMB) (Entered: 11/18/2022)

Nov. 18, 2022

Nov. 18, 2022

PACER
36

Unopposed MOTION for Extension of Time to December 8, 2022 to Respond to Complaint, filed by Defendant DAVID KIELY. (Attachments: # 1 Text of Proposed Order)(Szyper, Caryn) (Entered: 11/23/2022)

Nov. 23, 2022

Nov. 23, 2022

PACER

Case Details

State / Territory: Indiana

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: Aug. 30, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Two individuals who were subject to exorbitant fees for drug/alcohol testing and electronic monitoring

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Equal Justice Under Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

ABK Tracking, Inc., Private Entity/Person

ABK Alarms, Inc., Private Entity/Person

ABK Remote Drug Testing, Inc., Private Entity/Person

Vanderburgh County First Judicial Circuit Judge, Private Entity/Person

Vanderburgh County, Indiana, County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Equal Protection

Availably Documents:

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Fines/Fees/Bail/Bond

Placement in detention facilities

Type of Facility:

Government-run