Case: Warren v. Howard County Sheriff

COMPLAINT for Declaratory and Injunctive Relief against All Defendants, filed by All Plaintiffs. (Filing fee $405, receipt number AINSDC-7987127) (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons)(Falk, Kenneth) (Entered: 01/19/2024)

NOTICE of Appearance by Kenneth J. Falk on behalf of Plaintiffs LOREN LEWIS, JEFFREY SARVER, JAIME TRAVIS, JAMES WARREN, JR. (Falk, Kenneth) (Entered: 01/19/2024)

NOTICE of Appearance by Stevie J. Pactor on behalf of Plaintiffs LOREN LEWIS, JEFFREY SARVER, JAIME TRAVIS, JAMES WARREN, JR. (Pactor, Stevie) (Entered: 01/19/2024)

MOTION to Certify Class, filed by Plaintiffs LOREN LEWIS, JEFFREY SARVER, JAIME TRAVIS, JAMES WARREN, JR. (Falk, Kenneth) (Entered: 01/19/2024)

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (LF) (Entered: 01/22/2024)

Notice to File Rule 7.1 Disclosure Statement. (RAGS) (LF) (Entered: 01/22/2024)

Summons Issued as to HOWARD COUNTY SHERIFF, HOWARD COUNTY, INDIANA. (LF) (Entered: 01/22/2024)

RETURN of Service by CMRRR, filed by All Plaintiffs. HOWARD COUNTY, INDIANA served on 1/24/2024. (Falk, Kenneth) (Entered: 02/02/2024)

RETURN of Service by CMRRR, filed by All Plaintiffs. HOWARD COUNTY SHERIFF served on 1/24/2024. (Falk, Kenneth) (Entered: 02/02/2024)

NOTICE of Appearance by Pamela G. Schneeman on behalf of Defendants HOWARD COUNTY SHERIFF, HOWARD COUNTY, INDIANA. (Schneeman, Pamela) (Entered: 02/02/2024)

NOTICE of Appearance by Rosemary L. Borek on behalf of Defendants HOWARD COUNTY SHERIFF, HOWARD COUNTY, INDIANA. (Borek, Rosemary) (Entered: 02/02/2024)

DEMAND for Trial by Jury, filed by Defendants HOWARD COUNTY SHERIFF, HOWARD COUNTY, INDIANA. (Schneeman, Pamela) (Entered: 02/02/2024)

NOTICE of Parties' First Extension of Time re, filed by Defendants HOWARD COUNTY SHERIFF, HOWARD COUNTY, INDIANA. (Schneeman, Pamela) (Entered: 02/02/2024)

SCHEDULING ORDER: Telephonic Initial Pretrial Conference set for 3/27/2024 at 10:00 AM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. The parties shall file a proposed Case Management Plan ("CMP") no fewer than seven days before the pretrial conference. Signed by Magistrate Judge Mark J. Dinsmore on 2/6/2024.(LBT) (Entered: 02/07/2024)

NOTICE of Filing of Exhibits Referred to in Plaintiffs' Memorandum in Support of Motion to Certify Case as a Class Action by All Plaintiffs (Attachments: # 1 Exhibit Answer in Johnston, # 2 Exhibit Declaration - Warren, # 3 Exhibit Declaration - Lewis, # 4 Exhibit Declaration - Sarver, # 5 Exhibit Declaration - Travis, # 6 Exhibit Declaration-Supp -Travis) (Falk, Kenneth) (Entered: 02/12/2024)

BRIEF/MEMORANDUM in Support re 4 MOTION to Certify Class, filed by Plaintiffs LOREN LEWIS, JEFFREY SARVER, JAIME TRAVIS, JAMES WARREN, JR. (Falk, Kenneth) (Entered: 02/12/2024)

ANSWER to 1 Complaint, filed by All Defendants.(Schneeman, Pamela) (Entered: 03/13/2024)

CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs LOREN LEWIS, JEFFREY SARVER, JAIME TRAVIS, JAMES WARREN, JR . (Falk, Kenneth) (Entered: 03/19/2024)

ENTRY DIRECTING DEVELOPMENT OF EXHAUSTION DEFENSE AND ISSUING PARTIAL STAY - The defendant has asserted the affirmative defense that the plaintiff failed to exhaust his administrative remedies prior to filing this lawsuit as required by the Prison Litigation Reform Act. This defense must be resolved before reaching the merits of this case. The exhaustion defense will be resolved pursuant to the following schedule. Except for activities associated with (1) the development and resolution of the affirmative defense that the plaintiff failed to exhaust his administrative remedies prior to filing this action, (2) discovery and briefing relating to class certification, or (3) any other matter directed by the Court, discovery in the action is stayed. (See Entry.) Signed by Magistrate Judge Mark J. Dinsmore on 3/29/2024. (JSR) (Entered: 04/01/2024)

ORDER REGARDING PROTECTIVE ORDERS - In the event an agreed protective order is required in this matter, the parties shall file a motion seeking the entry of such an order, attaching thereto the proposed protective order. A motion for the entry of an agreed protective order should be filed as soon as practicable, but in any event no later than 14 days prior to the original due date for any discovery response with regard to which the responding party proposes to rely upon the protective order when responding. (See Order.) Signed by Magistrate Judge Mark J. Dinsmore on 3/29/2024. (JSR) (Entered: 04/01/2024)

MINUTE ORDER The parties appeared by counsel for a telephonic Initial Pretrial Conference on 3/27/2024. The Court will approve the Case Management Plan, by separate order, with the changes to which the parties have agreed. This matter is scheduled for a telephonic status conference on Wednesday, May 15, 2024 at 9:30 a.m. (Eastern) to discuss case status. Counsel shall attend the status conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. In addition, this matter is scheduled for a settlement conference on Monday, September 30, 2024 at 1:00 p.m. (Eastern), in Room 277, United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana, before Magistrate Judge Mark J. Dinsmore. (See Order for additional information). Signed by Magistrate Judge Mark J. Dinsmore. (DLW) (Entered: 04/08/2024)

ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED - Dispositive Motions due by 12/13/2024. Discovery due by 11/15/2024. Signed by Magistrate Judge Mark J. Dinsmore on 3/29/2024.(KAA) (Entered: 04/09/2024)

Witness List -Preliminary-, filed by Plaintiffs LOREN LEWIS, JEFFREY SARVER, JAIME TRAVIS, JAMES WARREN, JR, Exhibit List -Preliminary-, filed by Plaintiffs LOREN LEWIS, JEFFREY SARVER, JAIME TRAVIS, JAMES WARREN, JR. (Falk, Kenneth) (Entered: 04/11/2024)

Witness List (Preliminary), filed by Defendants HOWARD COUNTY SHERIFF, HOWARD COUNTY, INDIANA, Exhibit List (Preliminary), filed by Defendants HOWARD COUNTY SHERIFF, HOWARD COUNTY, INDIANA. (Schneeman, Pamela) (Entered: 04/19/2024)

NOTICE OF WITHDRAW OF EXHAUSTION DEFENSE, filed by Defendants HOWARD COUNTY SHERIFF, HOWARD COUNTY, INDIANA (Schneeman, Pamela) (Entered: 04/27/2024)

NOTICE OF STIPULATION TO CLASS CERTIFICATION, filed by Defendants HOWARD COUNTY SHERIFF, HOWARD COUNTY, INDIANA (Schneeman, Pamela) (Entered: 04/27/2024)

Submission of Proposed Order, re 4 MOTION to Certify Class, filed by Plaintiffs LOREN LEWIS, JEFFREY SARVER, JAIME TRAVIS, JAMES WARREN, JR. (Falk, Kenneth) (Entered: 04/29/2024)

ORDER Certifying Class and Lifting Stay - 4 Motion to Certify Class is GRANTED. It is therefore ORDERED that this case is certified as a class action pursuant to Federal Rule of Civil Procedure 23(b)(2), with the plaintiffs as class representatives of the class defined as: all persons currently confined, or who will in the future be confined, in the Howard County Jail. IT IS FURTHER ORDERED that pursuant to Federal Rule of Civil Procedure 23(g), Kenneth J. Falk, and Stevie J. Pactor are appointed as counsel for the class. The partial discovery stay (Filing No. 20 ), is lifted. Parties shall continue this matter in compliance with the approved Case Management Plan. Dkt. 23 . Signed by Judge Tanya Walton Pratt on 4/29/2024. (LBT) (Entered: 04/30/2024)

***PLEASE DISREGARD - DUPLICATE ENTRY*** ORDER CERTIFYING CLASS AND LIFTING STAY - Plaintiff's motion to certify class and appoint class counsel, (Filing No. 4 ) is GRANTED. It is therefore ORDERED that this case is certified as a class action pursuant to Federal Rule of Civil Procedure 23(b)(2), with the plaintiffs as class representatives of the class defined as: all persons currently confined, or who will in the future be confined, in the Howard County Jail. IT IS FURTHER ORDERED that pursuant to Federal Rule of Civil Procedure 23(g), Kenneth J. Falk, and Stevie J. Pactor are appointed as counsel for the class. The partial discovery stay (Filing No. 20 ), is lifted. Parties shall continue this matter in compliance with the approved Case Management Plan. Dkt. 23 . (See Order.) Signed by Judge Tanya Walton Pratt on 4/29/2024. (BAA) Modified on 4/30/2024 (BAA). (Entered: 04/30/2024)

SCHEDULING ORDER: Final Pretrial Conference set for 8/27/2025 at 10:00 AM (Eastern Time) in room #330, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Tanya Walton Pratt. Jury Trial set for 9/22/2025 at 9:00 AM (Eastern Time) in room #344, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Tanya Walton Pratt. Signed by Judge Tanya Walton Pratt on 5/8/2024.(LBT) (Entered: 05/08/2024)

COURTROOM PROCEDURES AND TRIAL PRACTICES before Judge Tanya Walton Pratt. (LBT) (Entered: 05/08/2024)

NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Pamela G. Schneeman hereby notifies the Clerk of the court of changed contact information. (Schneeman, Pamela) (Entered: 05/14/2024)

MINUTE ORDER The parties appeared by counsel for a Telephonic Status Conference on May 15, 2024. The parties discussed the status of and future plans for discovery. This matter is scheduled for a telephonic status conference on June 13, 2024, at 1:30 p.m. (Eastern) to discuss case status. Signed by Magistrate Judge Mark J. Dinsmore. (DLW) (Entered: 05/15/2024)

ORDER SCREENING COMPLAINT - Plaintiffs' claims shall proceed as presented in the complaint. See dkt. 1 . Counsel for Plaintiffs shall complete service on any defendants who have not already appeared consistent with Rule 4(m) of the Federal Rules of Civil Procedure. See Order for details. Signed by Judge Tanya Walton Pratt on 6/13/2024.(LBT) (Entered: 06/13/2024)

MINUTE ORDER The parties appeared by counsel for a Telephonic Status Conference on June 13, 2024, before Magistrate Judge Mark J. Dinsmore. The parties discussed the status of and future plans for discovery. This matter is scheduled for a Telephonic Status Conference on August 1, 2024, at 3:00 p.m. (Eastern) to discuss case status. Signed by Magistrate Judge Mark J. Dinsmore. (DLW) (Entered: 06/13/2024)

MINUTE ORDER The parties appeared by counsel for a Telephonic Status Conference on August 1, 2024, before Magistrate Judge Mark J. Dinsmore. The parties discussed the status of and future plans for discovery. The Court and parties discussed the upcoming Settlement Conference and, with the agreement of the parties, the September 30, 2024, Settlement Conference is hereby CONTINUED to November 15, 2024, at 1:00 p.m. (Eastern), in Room 277, United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana, before Magistrate Judge Mark J. Dinsmore. This matter is scheduled for a Telephonic Status Conference on October 10, 2024, at 11:30 a.m. (Eastern) to discuss case status, as well as the parties' readiness for the upcoming settlement conference. (See Minute Order for additional information and deadlines). Signed by Magistrate Judge Mark J. Dinsmore. (DLW) (Entered: 08/05/2024)

Joint MOTION to Modify Case Management Deadlines, filed by Plaintiffs LOREN LEWIS, JEFFREY SARVER, JAIME TRAVIS, JAMES WARREN, JR. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 10/03/2024)

MINUTE ORDER The parties appeared by counsel for a Telephonic Status Conference on October 10, 2024, before Magistrate Judge Mark J. Dinsmore. The parties discussed the status of and future plans for discovery, as well as the parties' readiness for the upcoming settlement conference. In addition, this matter came before the Court on the parties' Joint Motion to Modify Case Management Deadlines. Dkt. [41.] Following a discussion with the parties, that motion is hereby GRANTED. The approved Case Management Plan Dkt. 23 is hereby amended. See Minute Order for additional information and deadlines. Signed by Magistrate Judge Mark J. Dinsmore. (DLW) (Entered: 10/15/2024)

ORDER to Make Inmate Available - via Telephone. Warden of Howard County Jail ordered to make LOREN LEWIS Available - via Telephone for court proceeding on 11/15/2024 at 1:00 p.m. Signed by Magistrate Judge Mark J. Dinsmore on 10/17/2024.(TPS) (Entered: 10/18/2024)

ORDER to Make Inmate Available - via Telephone. Warden of Miami Correctional Facility ordered to make JEFFREY SARVER Available - via Telephone for court proceeding on 11/15/2024 at 1:00 p.m. Signed by Magistrate Judge Mark J. Dinsmore on 10/17/2024.(TPS) (Entered: 10/18/2024)

ORDER to Make Inmate Available - via Telephone. Warden of Tipton County Jail ordered to make JAIME TRAVIS Available - via Telephone for court proceeding on 11/15/2024 at 1:00 p.m. Signed by Magistrate Judge Mark J. Dinsmore on 10/17/2024.(TPS) (Entered: 10/18/2024)

Joint MOTION for Continuance of Trial and Final Pretrial Conference, filed by Plaintiffs JAMES WARREN, JR, LOREN LEWIS, JEFFREY SARVER, JAIME TRAVIS. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 10/23/2024)

MINUTE ORDER The parties appeared in person and by counsel for a settlement conference before Magistrate Judge Mark J. Dinsmore on November 15, 2024. This matter has been resolved. Therefore, all pending motions, if any, are now DENIED AS MOOT and all previously ordered dates relating to discovery, filings, schedules, conferences, and trial, if any, are VACATED. Within thirty (30) days of the date of this entry, counsel for the parties shall file the documents necessary to effectuate the agreement of the parties. Additional time to complete the execution of the necessary documents may be granted for good cause shown, if requested in writing before expiration of this period. Signed by Magistrate Judge Mark J. Dinsmore. (DLW) (Entered: 11/19/2024)

Unopposed MOTION for Extension of Time to January 19, 2025 in which to 48 Settlement Conference file documents effectuating agreement of parties, filed by Plaintiffs JAMES WARREN, JR, LOREN LEWIS, JEFFREY SARVER, JAIME TRAVIS. (Attachments: # 1 Text of Proposed Order)(Pactor, Stevie) (Entered: 12/17/2024)

ORDER - This matter is before the Court on Plaintiffs' Unopposed Motion for Extension of Time to File Documents. Dkt. 49 . The Court, being duly advised, hereby GRANTS the motion. Counsel for the parties shall file the documents necessary to effectuate the agreement of the parties on or before January 21, 2025. Signed by Magistrate Judge Mark J. Dinsmore on 12/18/2024. (AAS) (Entered: 12/18/2024)

STIPULATION to Enter into Private Settlement Agreement Following Notice to the Class and Fairness Hearing, filed by Plaintiffs JAMES WARREN, JR, LOREN LEWIS, JEFFREY SARVER, JAIME TRAVIS. (Falk, Kenneth) (Entered: 01/10/2025)

STIPULATION of Referral to the Magistrate Judge, filed by Plaintiffs JAMES WARREN, JR, LOREN LEWIS, JEFFREY SARVER, JAIME TRAVIS. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 01/10/2025)

MOTION to Approve Class Notice and Manner of Notice to the Class and to Set Case for Fairness Hearing, filed by Plaintiffs JAMES WARREN, JR, LOREN LEWIS, JEFFREY SARVER, JAIME TRAVIS. (Attachments: # 1 Proposed Class Notice, # 2 Text of Proposed Order)(Falk, Kenneth) (Entered: 01/10/2025)

MOTION for Attorney Fees, filed by Plaintiffs JAMES WARREN, JR, LOREN LEWIS, JEFFREY SARVER, JAIME TRAVIS. (Attachments: # 1 Affidavit Kenneth J Falk)(Falk, Kenneth) (Entered: 01/10/2025)

ORDER REFERRING MOTION - The parties Stipulation of Referral to the Magistrate Judge (Filing No. 52 ) is GRANTED so far as the United States Magistrate Mark J. Dinsmore is hereby designated pursuant to 28 U.S.C. § 636(b)(1)(B) to issue a report and recommendation on the Motion to Approve Class Notice and Manner of Notice to the Class and to Set Case for Fairness Hearing (Filing No. 53 ) and the Plaintiffs' Motion for Attorneys' Fees (Filing No. 54 ), and all other dispositive motions. Signed by Judge Tanya Walton Pratt on 1/15/2025.(JRB) (Entered: 01/16/2025)

Order Referring Case to Magistrate Judge

Order on Motion

Report

Submission

Evidentiary Hearing

Order on Motion for Attorney Fees