Case: Wilson v. Allen County

1:15-cv-00402 | U.S. District Court for the Northern District of Indiana

Filed Date: Dec. 31, 2015

Closed Date: April 1, 2020

Clearinghouse coding complete

Case Summary

On December 31, 2015, three indigent individuals residing in Indiana filed this putative class-action lawsuit in the United States District Court for the Northern District of Indiana. Plaintiffs filed a third amended complaint on August 19, 2016. The plaintiffs sued the Allen County Council, Allen County Board of Commissioners, and Allen County Public Defender Board under 42 U.S.C. § 1983 to redress the alleged deprivation of their constitutional rights. Plaintiffs, represented by private couns…

On December 31, 2015, three indigent individuals residing in Indiana filed this putative class-action lawsuit in the United States District Court for the Northern District of Indiana. Plaintiffs filed a third amended complaint on August 19, 2016. The plaintiffs sued the Allen County Council, Allen County Board of Commissioners, and Allen County Public Defender Board under 42 U.S.C. § 1983 to redress the alleged deprivation of their constitutional rights. Plaintiffs, represented by private counsel, sought declaratory and injunctive relief to prevent the Defendants from violating their Sixth and Fourteenth Amendment rights under the United States Constitution, and their equivalent provisions under the Indiana state Constitution. Plaintiffs also sought an injunction to enjoin the Defendants from making expenditures of funds on indigent defense services likely to result in violations of constitutional rights. Lastly, plaintiffs sought costs and attorneys' fees. This case was initially assigned to Judge Philip P. Simon.

The plaintiffs proposed a class defined as, “all individuals who have or will have misdemeanor criminal cases pending in the courts of Allen County, Indiana, who have or will have an attorney assigned to them due to indigency and have not been convicted or entered into a plea agreement.”

Plaintiffs claimed that Defendants, for years, operated a constitutionally, structurally, and systemically deficient public defender system for indigent individuals charged with misdemeanor crimes. They alleged that these failures resulted in ineffective assistance of counsel and constructive denial of counsel for misdemeanants represented by the Allen County Public Defender Office. Defendants alleged that Plaintiffs knew about these deficiencies for at least 10 years. Plaintiffs also claimed that public defenders in Allen County had caseloads consisting of hundreds of additional misdemeanor cases; did not meaningfully conducted any legal research into Plaintiffs’ cases; did not meaningfully investigate Plaintiffs’ charges; did not file any substantive motions in the cases; did not hold a single confidential in-person meeting with Plaintiffs outside a courthouse; and devoted less than one year in whole to the defense of each of class Plaintiffs’ cases. The public defender system failed to provide clients with adequate advise, consultation, and communication with attorneys; the ability to make informed decisions about their legal rights; meaningful opportunity to present defenses against charges; proper attorney assistance prior to waiving of rights; and proper, prompt, and accurate information regarding plea alternatives, jail alternatives, and the consequences of plea agreements and criminal sentences.

Throughout 2016, the parties engaged in discovery and mediation talks. On February 15, 2017, a mediator reported that mediation talks had finished without resolution.

On May 1, 2017, the case was reassigned to Chief Judge Theresa L. Springmann. The parties continued litigation, particularly addressing discovery and class certification.

Judge Springmann denied the plaintiffs motion for class certification on August 14, 2017. She held that the defendants had raised an issue as to the plaintiffs' standing and the court's jurisdiction over the case. As such, she ruled that she could not decide class certification until issues of standing and jurisdiction had been addressed. The defendants then filed a motion to dismiss on September 17, 2017.

On June 20, 2018, Magistrate Judge Susan Collins stayed proceedings on the defendants' motion to dismiss, sighting settlement conversations. The parties had a status conference with Judge Collins in late August where they announced officially that they had reached settlement, but that one of the three plaintiffs may not agree to sign. The contents of the settlement were not available.

Defendants moved to enforce the settlement on September 18, 2018. Judge Springmann decided to keep this motion under advisement to give the hold-out plaintiff, now proceeding pro se, time to reply. The plaintiff filed a petition for relief on November 19, 2018. The court did not issue an official order regarding these two motions until July 25, 2019, when it denied defendants motion to enforce and granted in part and denied in part the plaintiffs petition for relief. The petition was granted only insofar as it requested the defendants' motion be denied. No other additional relief was granted.

Defendants proceeded to reinstate their motion to dismiss on September 9, 2019. On February 5, 2020, after the hold-out plaintiff failed to file a timely reply, the court granted the motion as it applied to claims that she had brought individually. The other plaintiffs stipulated to dismissal of the remaining claims on April 1, 2020, and the case was subsequently dismissed with prejudice the same day. This case is now closed.

Summary Authors

Nili Blanck (6/10/2018)

Alex Moody (4/19/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6187449/parties/wilson-v-allen-county/


Judge(s)
Attorney for Plaintiff

Frank, David W. (Indiana)

Myers, Christopher C. (Indiana)

Attorney for Defendant

Feighner, J Spencer (Indiana)

Fishering, G William (Indiana)

Maser, Laura L. (Indiana)

show all people

Documents in the Clearinghouse

Document

1:15-cv-00402

Docket [PACER]

April 1, 2020

April 1, 2020

Docket
1

1:15-cv-00402

Complaint

Dec. 31, 2015

Dec. 31, 2015

Complaint
45

1:15-cv-00402

Third Amended Class Action Complaint

Aug. 19, 2016

Aug. 19, 2016

Complaint
76

1:15-cv-00402

Opinion and Order

Aug. 14, 2017

Aug. 14, 2017

Order/Opinion
133

1:15-cv-00402

Opinion and Order

Marshall v. Allen County

July 25, 2019

July 25, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6187449/wilson-v-allen-county/

Last updated Feb. 12, 2024, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with JURY DEMAND against All Defendants, filed by Calvin Wilson. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Proposed Summons, # 6 Proposed Summons, # 7 Proposed Summons, # 8 Proposed Summons, # 9 Exhibit USM Form, # 10 Exhibit USM Form, # 11 Exhibit USM Form, # 12 Exhibit USM Form, # 13 Civil Cover Sheet)(Frank, David) (Entered: 12/31/2015)

Dec. 31, 2015

Dec. 31, 2015

2

MOTION for Leave to Proceed in forma pauperis accompanied by 4 copies of summons forms and 4 copies of USM−285 forms by Plaintiff Calvin Wilson. (Frank, David) (Entered: 12/31/2015)

Dec. 31, 2015

Dec. 31, 2015

Chief Judge Philip P Simon and Magistrate Judge Susan L Collins added. NEW CASE, MOTION PENDING. (kjp) (Entered: 01/04/2016)

Jan. 4, 2016

Jan. 4, 2016

3

ORDER GRANTING 2 Motion for Leave to Proceed in forma pauperis; WAIVING the filing fee; and DIRECTING, pursuant to 28:1915(d), the USMS to effect service of process on the defendants. Signed by Chief Judge Philip P Simon on 1/6/2016. (lhc)(cc: USMS) (Entered: 01/06/2016)

Jan. 6, 2016

Jan. 6, 2016

4

Summons Issued as to Allen County, Allen County Board of Commissioners, Allen County Council, Allen County Public Defender Board. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e−mail. (lhc)(cc: USMS) (Entered: 01/06/2016)

Jan. 6, 2016

Jan. 6, 2016

5

SUMMONS Returned Executed by USM obo Calvin Wilson. Allen County served on 1/15/2016, answer due 2/5/2016. (cer) (Entered: 02/03/2016)

Feb. 3, 2016

Feb. 3, 2016

6

SUMMONS Returned Executed by USM obo Calvin Wilson. Allen County Council served on 1/15/2016, answer due 2/5/2016. (cer) (Entered: 02/03/2016)

Feb. 3, 2016

Feb. 3, 2016

7

SUMMONS Returned Executed by USM obo Calvin Wilson. Allen County Public Defender Board served on 1/15/2016, answer due 2/5/2016. (cer) (Entered:

Feb. 3, 2016

Feb. 3, 2016

8

SUMMONS Returned Executed by USM obo Calvin Wilson. Allen County Board of Commissioners served on 1/15/2016, answer due 2/5/2016. (cer) (Entered: 02/03/2016)

Feb. 3, 2016

Feb. 3, 2016

9

First MOTION to Amend/Correct 1 Complaint, by Plaintiff Calvin Wilson. (Attachments: # 1 Exhibit First Amended Complaint, # 2 Exhibit IFP − Class Plaintiff Blume)(Frank, David) (Entered: 02/03/2016)

Feb. 3, 2016

Feb. 3, 2016

10

NOTICE of Appearance by Laura L Maser on behalf of Allen County, Allen County Board of Commissioners (Maser, Laura) (Entered: 02/09/2016)

Feb. 9, 2016

Feb. 9, 2016

11

NOTICE of Appearance by J Spencer Feighner on behalf of Allen County Public Defender Board (Feighner, J) (Entered: 02/09/2016)

Feb. 9, 2016

Feb. 9, 2016

12

NOTICE of Appearance by John O Feighner on behalf of Allen County Public Defender Board (Feighner, John) (Entered: 02/09/2016)

Feb. 9, 2016

Feb. 9, 2016

13

NOTICE of Appearance by James P Posey on behalf of Allen County Council (Posey, James) (Entered: 02/09/2016)

Feb. 9, 2016

Feb. 9, 2016

14

NOTICE of Hearing: Telephonic Rule 16 Preliminary Pretrial Conference set for 3/14/2016 10:30 AM in US District Court − Fort Wayne before Magistrate Judge Susan L Collins. Court to initiate call.(mr) (Entered: 02/10/2016)

Feb. 10, 2016

Feb. 10, 2016

15

MAGISTRATE JUDGE CONSENT FORMS sent to all parties (Standard Track). (mr) (Entered: 02/10/2016)

Feb. 10, 2016

Feb. 10, 2016

16

Joint MOTION for Extension of Time to File Answer by Defendant Allen County Public Defender Board. (Feighner, J) (Entered: 02/10/2016)

Feb. 10, 2016

Feb. 10, 2016

17

ENTRY for Magistrate Judge Susan Collins: The unopposed 16 Agreed Motion for Extension of Time is granted. Dfts granted to and including 3/28/2016 to file their responses to Pla's 1 Complaint. So Ordered. (mr) (Entered: 02/10/2016)

Feb. 10, 2016

Feb. 10, 2016

18

ORDER granting in part and denying in part 9 Motion to Amend: it is GRANTED in that the Clerk is DIRECTED to show Plaintiffs First Amended Complaint (DE 9−1) filed; Plaintiffs request to remove the jury demand is DENIED without prejudice. Signed by Magistrate Judge Susan L Collins on 2/23/16. (mc) (Entered: 02/23/2016)

Feb. 23, 2016

Feb. 23, 2016

19

FIRST AMENDED COMPLAINT against Allen County, Allen County Board of Commissioners, Allen County Council, Allen County Public Defender Board, filed by Calvin Wilson.(mc) (Entered: 02/23/2016)

Feb. 23, 2016

Feb. 23, 2016

20

REPORT of Rule 26(f) Planning Meeting. (Posey, James) (Entered: 03/10/2016)

March 10, 2016

March 10, 2016

21

TELEPHONIC RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 3/14/2016 before Magistrate Judge Susan L Collins. Pla appeared by atty David Frank. Dfts appeared by attys Laura Maser, James Posey and Spencer Feighner. The 20 Report of the Parties Planning Meeting is approved in all respects (except dispositive motions deadline and establishment of a trial date) and is hereby made an ORDER of the Court. The Summary Judgment deadline in Fed.R.Civ.P. 56(b) SHALL NOT control. Any dispositive motion SHALL brief out in accordance with L.R. 56−1. DISCOVERY DEADLINE is 2/20/2017. Following the close of discovery, unless otherwise ordered by the Court, the assigned District Judge will establish all further deadlines and dates. Daniel Sigler appointed as Mediator. Atty Posey to notify Mediator by letter, copy to Attys Frank, Maser and Feighner. Results of the Mediation shall be filed with the Court no later than 10 days before the Final Pretrial Conference. Magistrate Consent forms due by 4/4/2016. (FTR 1st floor.) (mr) (Entered: 03/14/2016)

March 14, 2016

March 14, 2016

22

ANSWER to 19 Amended Complaint by Allen County, Allen County Board of Commissioners.(Maser, Laura) (Entered: 03/28/2016)

March 28, 2016

March 28, 2016

23

Defendant Allen County Council's ANSWER to 19 Amended Complaint by Allen County Council.(Posey, James) (Entered: 03/28/2016)

March 28, 2016

March 28, 2016

25

Second MOTION to Amend/Correct 1 Complaint, by Plaintiffs David Blume, Calvin Wilson. (Attachments: # 1 Exhibit Proposed Second Amended Complaint)(Frank, David) (Entered: 04/27/2016)

April 27, 2016

April 27, 2016

26

ORDER GRANTING 25 MOTION (Second) to Amend 1 Complaint by Plaintiffs David Blume, Calvin Wilson. Clerk DIRECTED to show Plaintiffs' Second Amended Complaint (DE [25−1) filed. Signed by Magistrate Judge Susan L Collins on 5/17/16. (cer) (Entered: 05/17/2016)

May 17, 2016

May 17, 2016

27

CLASS ACTION SECOND AMENDED COMPLAINT against Allen County, Allen County Board of Commissioners, Allen County Council, Allen County Public Defender Board filed by Calvin Wilson, David Blume.(cer) (Entered: 05/17/2016)

May 17, 2016

May 17, 2016

28

*REFILED at 29 * Defendant Allen County Council's ANSWER to 27 Amended Complaint by Allen County Council.(Posey, James) Modified on 5/20/2016 show refiling due to missing page 25 on this entry (lhc). (Entered: 05/19/2016)

May 19, 2016

May 19, 2016

29

Defendant Allen County Council's ANSWER to 27 Amended Complaint, by Allen County Council.(Posey, James) Modified on 5/20/2016 to reflect correct doc link (lhc). (Entered: 05/20/2016)

May 20, 2016

May 20, 2016

30

NOTICE of Appearance by Skyler B Spurling−Newsome on behalf of All Plaintiffs (Spurling−Newsome, Skyler) (Entered: 05/20/2016)

May 20, 2016

May 20, 2016

31

ANSWER to 27 Amended Complaint (Second) by Allen County, Allen County Board of Commissioners.(Maser, Laura) (Entered: 05/31/2016)

May 31, 2016

May 31, 2016

32

ANSWER to 27 Amended Complaint (Second) by Allen County Public Defender Board.(Feighner, J) (Entered: 06/08/2016)

June 8, 2016

June 8, 2016

33

MOTION to Certify Class and BRIEF IN SUPPORT by Plaintiffs David Blume, Calvin Wilson. (Frank, David) (Entered: 06/09/2016)

June 9, 2016

June 9, 2016

34

Joint MOTION for Extension of Time to File Response/Reply as to 33 MOTION to Certify Class and BRIEF IN SUPPORT by Defendant Allen County Public Defender Board. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Feighner, J) (Entered: 06/23/2016)

June 23, 2016

June 23, 2016

35

RESPONSE to Motion re 34 Joint MOTION for Extension of Time to File Response/Reply as to 33 MOTION to Certify Class and BRIEF IN SUPPORT and Brief in Support filed by David Blume, Calvin Wilson. (Attachments: # 1 Exhibit A to C)(Frank, David) (Entered: 07/06/2016)

July 6, 2016

July 6, 2016

36

REPLY to Response to Motion re 34 Joint MOTION for Extension of Time to File Response/Reply as to 33 MOTION to Certify Class and BRIEF IN SUPPORT filed by Allen County Public Defender Board. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Feighner, J) (Entered: 07/20/2016)

July 20, 2016

July 20, 2016

37

OBJECTION by David Blume, Calvin Wilson to 36 Reply to Response to Motion, as Untimely Filed . (Frank, David) (Entered: 07/20/2016)

July 20, 2016

July 20, 2016

38

RESPONSE TO PLAINTIFFS OBJECTION TO THE FILING OF DEFENDANTS REPLY by Allen County Public Defender Board to 37 Objection . (Feighner, J) (Entered: 07/22/2016)

July 22, 2016

July 22, 2016

39

NOTICE of Hearing: Telephonic hearing on 34 Joint Motion for Extension of Time to Respond to Pla's Motion for Class Certification set for 8/4/2016 at 9:30 AM in US District Court − Fort Wayne before Magistrate Judge Susan L Collins. Court to initiate call.(mr) (Entered: 07/29/2016)

July 29, 2016

July 29, 2016

40

TELEPHONIC HEARING re 34 Dfts' Joint Motion for Extension of Time to Respond to 33 Pla's Motion for Class Certification held on 8/4/2016 before Magistrate Judge Susan L Collins. Plas appeared by atty David Frank. Dfts appeared by attys Laura Maser, James Posey, John Feighner and Spencer Feighner. Arguments heard. For reasons stated on the record, Court grants motion for limited purpose of Dfts to conduct depositions of two selected class representatives. Dfts granted to and

Aug. 4, 2016

Aug. 4, 2016

41

Third MOTION to Amend/Correct 1 Complaint, by Plaintiffs David Blume, Calvin Wilson. (Attachments: # 1 Exhibit Third Amended Complaint)(Frank, David) (Entered: 08/11/2016)

Aug. 11, 2016

Aug. 11, 2016

42

First MOTION to Amend/Correct 33 MOTION to Certify Class and BRIEF IN SUPPORT by Plaintiffs David Blume, Calvin Wilson. (Attachments: # 1 Exhibit First Amended Motion for Class Certification)(Frank, David) (Entered: 08/11/2016)

Aug. 11, 2016

Aug. 11, 2016

43

RESPONSE to Motion re 41 Third MOTION to Amend/Correct 1 Complaint, Joint Response of Defendants filed by Allen County Public Defender Board. (Feighner, John) (Entered: 08/19/2016)

Aug. 19, 2016

Aug. 19, 2016

44

ORDER GRANTING 41 Third MOTION to Amend/Correct 1 Complaint, by Plaintiffs David Blume, Calvin Wilson. The Clerk is DIRECTED to show Plaintiffs' Third Amended Complaint (DE 41 −1) filed. Signed by Magistrate Judge Susan L Collins on 8/19/2016. (lhc) (Entered: 08/22/2016)

Aug. 19, 2016

Aug. 19, 2016

45

THIRD AMENDED COMPLAINT against Allen County Board of Commissioners, Allen County Council, Allen County Public Defender Board, filed by Asia Marshall, Calvin Wilson, David Blume.(lhc) (Entered: 08/22/2016)

Aug. 19, 2016

Aug. 19, 2016

46

Defendant Allen County Council's ANSWER to 45 Amended Complaint by Allen County Council.(Posey, James) (Entered: 08/24/2016)

Aug. 24, 2016

Aug. 24, 2016

47

ORDER GRANTING 42 First MOTION to Amend/Correct 33 MOTION to Certify Class and BRIEF IN SUPPORT by Plaintiffs David Blume, Calvin Wilson. Clerk is DIRECTED to show Plaintiffs' First Amended Motion for Class Certification (DE 42 −1) filed. Signed by Magistrate Judge Susan L Collins on 8/30/2016. (lhc) (Entered: 08/30/2016)

Aug. 30, 2016

Aug. 30, 2016

48

Plaintiffs' First Amended MOTION for Class Certification by Plaintiffs David Blume, Asia Marshall, Calvin Wilson. (lhc) (Entered: 08/30/2016)

Aug. 30, 2016

Aug. 30, 2016

49

ANSWER to 45 Amended Complaint by Allen County Board of Commissioners.(Maser, Laura) (Entered: 08/31/2016)

Aug. 31, 2016

Aug. 31, 2016

50

ANSWER to 45 Amended Complaint by Allen County Public Defender Board.(Feighner, J) (Entered: 09/13/2016)

Sept. 13, 2016

Sept. 13, 2016

51

Joint MOTION for Extension of Time to File Response/Reply as to 48 MOTION to Certify Class by Defendant Allen County Board of Commissioners. (Maser, Laura) (Entered: 09/19/2016)

Sept. 19, 2016

Sept. 19, 2016

52

ENTRY for Magistrate Judge Susan Collins: 51 Dfts' Joint Motion for Extension of Time is granted. Dfts granted to and including 10/31/2016 to respond to 48 Plas' Motion for Class Certification. So Ordered.(mr) (Entered: 09/20/2016)

Sept. 20, 2016

Sept. 20, 2016

53

Joint MOTION for Extension of Time to Complete Discovery , MOTION for Extension of Time to File Response/Reply as to 52 Order on Motion for Extension of Time to File Response/Reply, 21 Rule 16 Preliminary Pretrial Conference,,,, by Plaintiffs David Blume, Asia Marshall, Calvin Wilson. (Frank, David) (Entered: 10/20/2016)

Oct. 20, 2016

Oct. 20, 2016

54

NOTICE of Hearing: Telephonic hearing re 53 Joint Motion to Extend Discovery Deadlines set for 10/28/2016 at 10:00 AM in US District Court − Fort Wayne before Magistrate Judge Susan L Collins. Court to initiate call.(mr) (Entered: 10/20/2016)

Oct. 20, 2016

Oct. 20, 2016

55

TELEPHONIC HEARING re 53 Joint Motion to Extend Discovery Deadlines held on 10/28/2016 before Magistrate Judge Susan L Collins. Plas appeared by atty David Frank. Dfts appeared by attys Laura Maser, James Posey, and John Feighner. Court grants motion. Plas' expert witness disclosures and reports to be delivered to the Dfts by 2/20/2017. Dfts expert witness disclosures and reports to be delivered to the Plas by 3/20/2017. Discovery deadline extended to and including 4/20/2017. Dfts to Respond to 48 Plas' First Amended Motion for Class Certification by 2/4/2017. (FTR 1st floor.) (mr) (Entered: 10/28/2016)

Oct. 28, 2016

Oct. 28, 2016

57

OBJECTION by Allen County, Allen County Board of Commissioners, Allen County Council, Allen County Public Defender Board to 48 MOTION to Certify Class . (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Posey, James) (Entered: 02/06/2017)

Feb. 6, 2017

Feb. 6, 2017

58

REPLY to Response to Motion re 48 MOTION to Certify Class filed by David Blume, Asia Marshall, Calvin Wilson. (Frank, David) (Entered: 02/10/2017)

Feb. 10, 2017

Feb. 10, 2017

59

REPORT of Mediation by Dan L Sigler advising that resolution was not achieved.(lhc) (Entered: 02/15/2017)

Feb. 15, 2017

Feb. 15, 2017

60

MOTION for Extension of Time to Complete Discovery by Plaintiffs David Blume, Asia Marshall, Calvin Wilson. (Frank, David) (Entered: 02/20/2017)

Feb. 20, 2017

Feb. 20, 2017

61

OBJECTION by Allen County Council to 60 MOTION for Extension of Time to Complete Discovery . (Posey, James) (Entered: 02/24/2017)

Feb. 24, 2017

Feb. 24, 2017

62

NOTICE of Hearing: In−person hearing on 60 MOTION for Extension of Time to Complete Discovery set for 3/6/2017 11:30 AM in US District Court − Fort Wayne before Magistrate Judge Susan L Collins. (mr) (Entered: 03/01/2017)

March 1, 2017

March 1, 2017

63

REPLY to Response to Motion re 60 MOTION for Extension of Time to Complete Discovery filed by David Blume, Asia Marshall, Calvin Wilson. (Attachments: # 1 Exhibit ACPDB Discovery 1 of 3, # 2 Exhibit ACPDB Discovery 2 of 3, # 3 Exhibit ACPDB Discovery 3 of 3, # 4 Exhibit Initial Disclosures Identifying Lefstein, # 5 Exhibit Lefstein CV, # 6 Exhibit Lefstein Study 1, # 7 Exhibit Lefstein Study 2)(Frank, David) (Entered: 03/03/2017)

March 3, 2017

March 3, 2017

64

HEARING re Plas' 60 Motion to Extend Discovery Deadlines held on 3/6/2017 before Magistrate Judge Susan L Collins. Plas appeared by attys David Frank and Christopher Myers. Dfts appeared by attys James Posey, Laura Maser, and Spencer Feighner. Arguments heard. Dft Allen Co Council's unopposed oral motion to stay discovery pending ruling on 48 Plas' First Amended Motion for Class Certification is denied. For reasons stated on the record, Court grants in part Plas' 60 Motion to Extend Discovery Deadlines. Plas' expert witness disclosures and reports to be delivered to the Dfts by 4/14/2017. Dfts expert witness disclosures and reports to be delivered to the Plas by 5/15/2017. Discovery deadline extended to and including 6/15/2017. (FTR 1st floor.)(mr) (Entered: 03/06/2017)

March 6, 2017

March 6, 2017

65

MOTION to Supplement 48 MOTION to Certify Class by Plaintiff Calvin Wilson. (Attachments: # 1 Exhibit FRCP 26(a)(2) Report)(Frank, David) (Entered: 04/19/2017)

April 19, 2017

April 19, 2017

66

ORDER REASSIGNING CASE. Case reassigned to Chief Judge Theresa L Springmann for all further proceedings. Judge Philip P Simon no longer assigned to case. Magistrate Consent forms due by 5/22/2017. Signed by Chief Judge Theresa L Springmann on 5/1/17. (jld) (Entered: 05/01/2017)

May 1, 2017

May 1, 2017

67

Joint MOTION for Extension of Time to Complete Discovery Rule 26(a)(2) Expert Witness Report by Defendants Allen County Board of Commissioners, Allen County Council, Allen County Public Defender Board. (Posey, James) (Entered: 05/12/2017)

May 12, 2017

May 12, 2017

68

ENTRY for Magistrate Judge Susan Collins: Pla's unopposed 65 Motion for Leave to File Expert Witness Report in Support of Motion for Class Certification is granted. So Ordered.(mr) (Entered: 05/12/2017)

May 12, 2017

May 12, 2017

69

ENTRY for Magistrate Judge Susan Collins: 67 Dfts' Joint Motion for Extension of Time is granted. Dfts expert witness disclosures and reports to be delivered to the Pla by 5/29/2017. So Ordered. (mr) (Entered: 05/12/2017)

May 12, 2017

May 12, 2017

70

MOTION for Leave to File Expert Witness Report in Opposition of Motion for Class Certification by Defendants Allen County, Allen County Board of Commissioners, Allen County Council, Allen County Public Defender Board. (Attachments: # 1 Exhibit Exhibit A)(Feighner, J) (Entered: 05/30/2017)

May 30, 2017

May 30, 2017

72

Joint MOTION for Extension of Time to Complete Discovery /Extend Close of Discovery by Defendants Allen County Board of Commissioners, Allen County Council, Allen County Public Defender Board. (Posey, James) (Entered: 06/14/2017)

June 14, 2017

June 14, 2017

73

NOTICE of Hearing: In−person hearing on 72 Dfts' Joint Motion to Extend the Close of Discovery set for 6/20/2017 11:00 AM in US District Court − Fort Wayne before Magistrate Judge Susan L Collins. (mr) (Entered: 06/14/2017)

June 14, 2017

June 14, 2017

74

NOTICE of Appearance by G William Fishering on behalf of Allen County Board of Commissioners (Fishering, G) (Entered: 06/20/2017)

June 20, 2017

June 20, 2017

75

HEARING re 72 Dfts' Joint Motion to Extend the Close of Discovery held on 6/20/2017 before Magistrate Judge Susan L Collins. Plas appeared by atty David Frank. Dfts appeared by attys James Posey, William Fishering and Spencer Feighner. Court grants unopposed motion and extends discovery deadline to 9/13/2017. Status Conference set for 9/13/2017 at 10:00 am in US District Court Fort Wayne before Magistrate Judge Susan L Collins. (FTR 1st floor.) (mr) (Entered: 06/20/2017)

June 20, 2017

June 20, 2017

76

OPINION AND ORDER: The Court DENIES, WITH LEAVE TO REFILE, the Plaintiff's First Amended Motion for Class Certification 48 . The Court GRANTS the Defendants until 9/15/2017, to file their Motion to Dismiss. Signed by Chief Judge Theresa L Springmann on 8/14/2017. (jss)

Aug. 14, 2017

Aug. 14, 2017

RECAP
77

STIPULATION to Dismiss Plaintiff Blume by Plaintiffs Asia Marshall, Calvin Wilson, David Blume. (Frank, David) (Entered: 08/16/2017)

Aug. 16, 2017

Aug. 16, 2017

78

CASE DISMISSED, WITH PREJUDICE AGAINST David Blume, pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, 77 Stipulation to Dismiss. (jlb) (Entered: 08/29/2017)

Aug. 29, 2017

Aug. 29, 2017

79

Joint MOTION for Extension of Time to Complete Discovery by Defendant Allen County Public Defender Board. (Feighner, John) (Entered: 09/12/2017)

Sept. 12, 2017

Sept. 12, 2017

80

ORDER for Magistrate Judge Susan Collins: The 79 Joint Motion to Extend Discovery Deadline will be heard at the Status Conference set for 9/13/2017 at 10:00 am. Text entry order.(mr) (Entered: 09/12/2017)

Sept. 12, 2017

Sept. 12, 2017

81

STATUS CONFERENCE and hearing on 79 Joint Motion to Extend Discovery Deadline held on 9/13/2017 before Magistrate Judge Susan L Collins. Plas appeared by atty David Frank. Dfts appeared by attys Spencer Feighner, Laura Maser and James Posey. For reasons stated on the record, Court grants motion. Deadline for discovery to be extended 60 days and deadline for Dfts to respond to Plas' written expert discovery to be extended 30 days from Court's issuance of an order re the motion to dismiss that Dfts anticipate filing by 9/15/2017. (FTR 1st floor.) (mr) (Entered: 09/15/2017)

Sept. 13, 2017

Sept. 13, 2017

82

MOTION to Dismiss Plaintiff's Third Amended Complaint by Defendants Allen County Board of Commissioners, Allen County Council, Allen County Public Defender Board. (Posey, James) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

83

MEMORANDUM in Support of 82 MOTION to Dismiss Plaintiff's Third Amended Complaint filed by Allen County Board of Commissioners, Allen County Council, Allen County Public Defender Board. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Posey, James) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

84

RESPONSE to Motion re 82 MOTION to Dismiss Plaintiff's Third Amended Complaint filed by Asia Marshall, Calvin Wilson. (Frank, David) (Entered: 09/25/2017)

Sept. 25, 2017

Sept. 25, 2017

85

BRIEF in Opposition to 82 MOTION to Dismiss Plaintiff's Third Amended Complaint filed by Asia Marshall, Calvin Wilson. (Frank, David) (Entered: 09/25/2017)

Sept. 25, 2017

Sept. 25, 2017

87

ORDER for Magistrate Judge Susan Collins: The 86 Motion to Withdraw is granted. The appearance of Attorney Skyler B Spurling−Newsome is hereby withdrawn on behalf of Plas. Text entry order.(mr) (Entered: 09/27/2017)

Sept. 27, 2017

Sept. 27, 2017

88

First MOTION to Amend/Correct 85 Brief in Opposition by Plaintiffs Asia Marshall, Calvin Wilson. (Attachments: # 1 Exhibit First Amended Brief, # 2 Exhibit Proposed Order)(Frank, David) (Entered: 09/28/2017)

Sept. 28, 2017

Sept. 28, 2017

89

Joint MOTION for Extension of Time to File Response/Reply as to 84 Response to Motion by Defendants Allen County Board of Commissioners, Allen County Council, Allen County Public Defender Board. (Attachments: # 1 Exhibit, # 2 Exhibit)(Posey, James) (Entered: 09/29/2017)

Sept. 29, 2017

Sept. 29, 2017

90

NOTICE of Hearing: Telephonic hearing on 89 Joint Motion for Extension of Time to File Reply set for 10/3/2017 at 2:30 PM in US District Court − Fort Wayne before Magistrate Judge Susan L Collins. Court to initiate call.(mr) (Entered: 10/02/2017)

Oct. 2, 2017

Oct. 2, 2017

91

TELEPHONIC HEARING re 89 Dfts' Joint Motion for Extension of Time to File Reply held on 10/3/2017 before Magistrate Judge Susan L Collins. Plas appeared by atty David Frank. Dfts appeared by attys James Posey, Spencer Feighner and Laura Maser. Arguments heard. Court grants 89 Joint Motion for Extension of Time. The deadline is extended for the Dfts to file a reply to the Plas' Response to Dfts' Motion to Dismiss to 7 days from the date the Court rules on the 88 Pls' Motion for Leave to File First Amended Brief. (FTR 1st floor.) (mr) (Entered: 10/03/2017)

Oct. 3, 2017

Oct. 3, 2017

92

RESPONSE to Motion re 88 First MOTION to Amend/Correct 85 Brief in Opposition filed by Allen County Board of Commissioners. (Attachments: # 1 Exhibit A − Affidavit of Randall Hammond)(Feighner, John) (Entered: 10/12/2017)

Oct. 12, 2017

Oct. 12, 2017

93

REPLY to Response to Motion re 88 First MOTION to Amend/Correct 85 Brief in Opposition filed by Asia Marshall, Calvin Wilson. (Frank, David) (Entered: 10/19/2017)

Oct. 19, 2017

Oct. 19, 2017

94

OPINION AND ORDER GRANTING 88 First MOTION to Amend/Correct 85 Brief in Opposition filed by Calvin Wilson, Asia Marshall. Defendants have to and including 4/17/2018 to file a reply to the Motion to Dismiss (DE #82). Signed by Chief Judge Theresa L Springmann on 3/27/18. (ksp)

March 27, 2018

March 27, 2018

RECAP
95

Joint MOTION for Extension of Time to File Response/Reply as to 85 Brief in Opposition to Defendants' Motion by Defendants Allen County Board of Commissioners, Allen County Council, Allen County Public Defender Board. (Posey, James) (Entered: 04/17/2018)

April 17, 2018

April 17, 2018

96

ORDER for Magistrate Judge Susan Collins: 95 Defendants' Unopposed Joint Motion for Extension of Deadline is granted. Defendants granted to and including 5/17/2018 to file a reply to Plaintiffs' First Amended Brief in Support of Response in Opposition to Defendants' Motion. Text entry order. (mr) (Entered: 04/18/2018)

April 18, 2018

April 18, 2018

97

Extension of Time to File Response/Reply

May 14, 2018

May 14, 2018

PACER
98

ORDER for Magistrate Judge Susan Collins: 97 Dfts' Second Unopposed Joint Motion for Extension of Time is granted. Dfts granted to and including 6/18/2018 to file a reply to Plas' First Amended Brief in Support of Response in Opposition to Defendants' Motion. Text entry order. (mr) (Entered: 05/15/2018)

May 15, 2018

May 15, 2018

99

Vacate

June 18, 2018

June 18, 2018

PACER
100

ORDER for Magistrate Judge Susan Collins: 99 Dfts' Unopposed Motion to Vacate Deadline to File Reply is granted. The Court STAYS further briefing on the 82 Motion to Dismiss due to the parties' report that they have reached a settlement in principal. Text entry order.(mr) (Entered: 06/20/2018)

June 20, 2018

June 20, 2018

102

TELEPHONIC STATUS CONFERENCE held on 8/22/2018 before Magistrate Judge Susan L Collins. Plas appeared by atty David Frank. Dfts appeared by attys John Feighner, Spencer Feighner, James Posey and Laura Maser. Atty Frank advises Pla(s) reviewing settlement agreement. Counsel for Dfts report case was settled and will file a motion to enforce settlement in event Pla Asia Marshall does not sign the agreement. Further telephonic Status Conference set for 10/3/2018 at 10:00 am. Court to initiate call. Status Conference to be converted to hearing on motion to enforce settlement in event one is filed. (FTR 1st floor.) (mr) (Entered: 08/22/2018)

Aug. 22, 2018

Aug. 22, 2018

103

ORDER FOR CHIEF JUDGE THERESA L SPRINGMANN: Pursuant to the parties' report that they have reached a settlement, the Court TERMS the 82 Motion to Dismiss the Plaintiffs' Third Amended Complaint WITH LEAVE TO REINSTATE after the scheduled status conference, if necessary. (cer) (Entered: 09/10/2018)

Sept. 10, 2018

Sept. 10, 2018

104

Settlement

1 Exhibit Affidavit

View on PACER

Sept. 18, 2018

Sept. 18, 2018

PACER

Case Details

State / Territory: Indiana

Case Type(s):

Indigent Defense

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 31, 2015

Closing Date: April 1, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All individuals who have or will have misdemeanor criminal cases pending in the courts of Allen County, Indiana, who have or will have an attorney assigned to them due to indigency and have not been convicted or entered into a plea agreement.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Allen County Council (Allen County), County

Allen County (Allen County), County

Allen County Public Defender Board (Allen County), County

Allen County Board of Commissioners (Allen County), County

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Mixed

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

Reproductive rights:

Fetus Identity

General:

Access to lawyers or judicial system

Funding

Quality of representation

Staff (number, training, qualifications, wages)

Jails, Prisons, Detention Centers, and Other Institutions:

Crowding / caseload