Case: Buroff v. Gladieux

Buroff et al v. Gladieux

Barnhart v. Gladieux

CLASS ACTION COMPLAINT with JURY DEMAND against David Gladieux, filed by Demetrius Buroff. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Proposed Summons 285)(Frank, David) Modified on 4/10/2017 to correct title (lns). (Entered: 03/27/2017)

1 Civil Cover Sheet

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2 Proposed Summons

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3 Proposed Summons 285

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Judge Jon E DeGuilio and Magistrate Judge Susan L Collins added. *NEW CASE* (jss)

MOTION to Certify Class by Plaintiff Demetrius Buroff. (Frank, David) (Entered: 03/28/2017)

MOTION for Leave to Proceed in forma pauperis accompanied by 1 copies of summons forms and 1 copies of USM-285 forms by Plaintiff Demetrius Buroff. (Frank, David) (Entered: 03/28/2017)

INCOMPLETE PDF ATTACHED. THIS DOCKET ENTRY IS REPLACED BY DOCKET ENTRY #6. MOTION for Discovery Early by Plaintiff Demetrius Buroff. (Frank, David) Modified on 4/12/2017 (lns). (Entered: 03/28/2017)

NOTICE of Appearance by Christopher C Myers on behalf of Demetrius Buroff (Myers, Christopher) (Entered: 03/28/2017)

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MOTION for Discovery Early by Plaintiff Demetrius Buroff. (Attachments: # 1 Exhibit Exhibit A (Interrogatories))(Frank, David) Modified on 4/12/2017 - this docket entry REPLACES docket entry #4 (lns). (Entered: 04/12/2017)

1 Exhibit Exhibit A (Interrogatories)

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ORDER GRANTS 3 Motion for Leave to Proceed in forma pauperis; DEFERS payment of the filing fee; ORDERS the plaintiff to pay the $400.00 filing fee from the proceeds of any recovery that is received in this case; and DIRECTS, pursuant to 28 U.S.C. ยง 1915(d), the United States Marshals Service to effect service of process on the defendant. Signed by Judge Jon E DeGuilio on 4/24/2017. (cc: USMS) (lhc) (Entered: 04/25/2017)

Summons Issued as to David Gladieux. 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. (cc: USMS) (lhc) (Entered: 04/25/2017)

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

SUMMONS Returned Executed by USMS obo Demetrius Buroff. David Gladieux served on 5/3/2017, answer due 5/24/2017. (lhc) (Entered: 05/10/2017)

First MOTION to Amend/Correct 2 MOTION to Certify Class, 1 Complaint by Plaintiff Demetrius Buroff. (Attachments: # 1 Exhibit Amended Complaint, # 2 Exhibit Amended Motion)(Frank, David) (Entered: 05/23/2017)

1 Exhibit Amended Complaint

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2 Exhibit Amended Motion

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NOTICE of Appearance by J Spencer Feighner on behalf of David Gladieux (Feighner, J) (Entered: 05/25/2017)

NOTICE of Appearance by John O Feighner on behalf of David Gladieux (Feighner, John) (Entered: 05/25/2017)

NOTICE of Hearing: Hearing on Pla's 6 Motion for Early Discovery and Rule 16 Preliminary Pretrial Conference set for 6/6/2017 at 9:00 AM in US District Court - Fort Wayne before Magistrate Judge Susan L Collins. Counsel to appear in person.(mr) (Entered: 05/25/2017)

MAGISTRATE JUDGE CONSENT FORMS sent to all parties (Standard Track).. (mr) (Entered: 05/25/2017)

REPORT of Rule 26(f) Planning Meeting. (Frank, David) (Entered: 05/30/2017)

RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 6/6/2017 before Magistrate Judge Susan Collins. Pla appeared by Atty David Frank. Dft appeared by Atty Spencer Feighner. Pla's unopposed 6 Motion for Early Discovery and 11 Pla's Motion for Leave to File First Amended Class Action Complaint and First Amended Motion for Class Certification is granted. Pla directed to file First Amended Class Action Complaint and Motion to Certify forthwith. The 16 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 3/24/2018. Following the close of discovery, unless otherwise ordered by the Court, the assigned District Judge will establish all further deadlines and dates. Erik Chickedantz appointed as Mediator. Atty Frank to notify Mediator by letter, copy to Atty 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 6/27/2017. (FTR 1st floor.) (mr) (Entered: 06/06/2017)

AMENDED COMPLAINT against David Gladieux, filed by Demetrius Buroff.(Frank, David) (Entered: 06/06/2017)

Amended MOTION to Certify Class by Plaintiff Demetrius Buroff. (Frank, David) (Entered: 06/06/2017)

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AGREED NOTICE to extend time to file response to 19 Amended MOTION to Certify Class by Plaintiff Demetrius Buroff; response due by August 21, 2017. (Feighner, J) Modified on 6/20/2017 to correct docket text and regenerated NEF at attorney's request (lhc). (Entered: 06/20/2017)

ANSWER to 18 Amended Complaint and Affirmative Defenses by David Gladieux.(Feighner, J) (Entered: 06/28/2017)

MOTION for Extension of Time to Amend Pleadings by Plaintiffs Ian Barnhart, Demetrius Buroff. (Frank, David) (Entered: 07/13/2017)

ENTRY for Magistrate Judge Susan Collins: 22 Pls' Unopposed Motion for Extension of Deadline is granted. Pls granted to and including 8/11/2017 to seek leave to amend pleadings or join additional parties. The Court sua sponte extends Dft's deadline to seek leave to amend the pleadings to 9/11/2017. So Ordered. (mr) (Entered: 07/14/2017)

Order on Motion for Extension of Time to Amend

MOTION to Supplement 18 Amended Complaint, 19 Amended MOTION to Certify Class by Plaintiffs Ian Barnhart, Demetrius Buroff. (Attachments: # 1 Exhibit Def. Admissions, # 2 Exhibit 11/08/16 ACJ Population, # 3 Exhibit Election Board Response)(Frank, David) (Entered: 07/27/2017)

1 Exhibit Def. Admissions

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2 Exhibit 11/08/16 ACJ Population

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3 Exhibit Election Board Response

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ORDER DENYING 24 MOTION to Supplement 18 Amended Complaint, 19 Amended MOTION to Certify Class by Plaintiffs Ian Barnhart, Demetrius Buroff. Signed by Magistrate Judge Susan L Collins on 7/28/2017. (lhc) (Entered: 07/28/2017)

MOTION to Amend/Correct 1 Complaint by Plaintiffs Ian Barnhart, Demetrius Buroff. (Attachments: # 1 Exhibit Second Amended Complaint, # 2 Exhibit Compl. Ex. A - Jail Rules, # 3 Exhibit Compl. Ex. B - Inmate Petition, # 4 Exhibit Compl. Ex. C - Def. Admissions, # 5 Exhibit Compl. Ex. D - 11/08/2016 Jail Population, # 6 Exhibit Compl. Ex. E - Election Board Response)(Frank, David) (Entered: 07/31/2017)

1 Exhibit Second Amended Complaint

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2 Exhibit Compl. Ex. A - Jail Rules

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3 Exhibit Compl. Ex. B - Inmate Petition

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4 Exhibit Compl. Ex. C - Def. Admissions

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5 Exhibit Compl. Ex. D - 11/08/2016 Jail Population

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6 Exhibit Compl. Ex. E - Election Board Response

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ORDER: The Court GRANTS Plaintiffs' 26 Motion to Amend. The Clerk is DIRECTED to show Plaintiffs' Second Amended Class Action Complaint and its Exhibits as filed. Signed by Magistrate Judge Susan L Collins on 8/15/2017. (jss) (Entered: 08/15/2017)

SECOND AMENDED COMPLAINT against David Gladieux, filed by Ian Barnhart, Demetrius Buroff. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(jss) (Entered: 08/15/2017)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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RESPONSE to Motion re 19 Amended MOTION to Certify Class filed by David Gladieux. (Attachments: # 1 Exhibit A)(Feighner, J) (Entered: 08/21/2017)

1 Exhibit A

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REPLY to Response to Motion re 19 Amended MOTION to Certify Class filed by Ian Barnhart, Demetrius Buroff. (Frank, David) (Entered: 08/23/2017)

ORDER DEEMING MOOT 2 MOTION to Certify Class by Plaintiff Demetrius Buroff. Signed by Chief Judge Theresa L Springmann on 9/18/17. (cer) (Entered: 09/18/2017)

OPINION AND ORDER DENYING 19 Motion to Certify Class WITH LEAVE TO REFILE and DISMISSES Plaintiff Demetrius Buroff. Signed by Chief Judge Theresa L Springmann on 11/13/17. (mlc) Modified on 11/14/2017 to edit text (mlc).

First MOTION to Compel by Plaintiff Ian Barnhart. (Attachments: # 1 Exhibit Discovery Request, # 2 Exhibit 37.1 Letter, # 3 Exhibit 37.1 Letter, # 4 Exhibit 37.1 E-mail, # 5 Exhibit Certification)(Frank, David) (Entered: 01/04/2018)

1 Exhibit Discovery Request

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2 Exhibit 37.1 Letter

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3 Exhibit 37.1 Letter

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4 Exhibit 37.1 E-mail

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5 Exhibit Certification

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NOTICE by David Gladieux re 33 First MOTION to Compel Resolution of Discovery Dispute (Feighner, J) (Entered: 01/18/2018)

ORDER for Magistrate Judge Susan Collins: 33 Plaintiff's Motion to Compel Discovery is deemed moot pursuant to the 34 Notice to Court of Resolution of Discovery Dispute. Text entry order. (mr) (Entered: 01/19/2018)

Order on Motion to Compel

Second MOTION to Certify Class by Plaintiff Ian Barnhart. (Attachments: # 1 Exhibit Defendant's Policies, # 2 Exhibit Inmate Petition, # 3 Exhibit Defendant's Admissions, # 4 Exhibit Inmate Population Report, # 5 Exhibit Voter Board Response, # 6 Exhibit Inmate Voter Registration Report)(Frank, David) (Entered: 03/07/2018)

1 Exhibit Defendant's Policies

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2 Exhibit Inmate Petition

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3 Exhibit Defendant's Admissions

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4 Exhibit Inmate Population Report

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5 Exhibit Voter Board Response

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6 Exhibit Inmate Voter Registration Report

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BRIEF in Support of 36 Second MOTION to Certify Class filed by Ian Barnhart. (Frank, David) (Entered: 03/07/2018)

RESPONSE to Motion re 36 Second MOTION to Certify Class filed by David Gladieux. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Feighner, J) (Entered: 03/21/2018)

1 Exhibit A

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2 Exhibit B

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REPLY to Response to Motion re 36 Second MOTION to Certify Class filed by Ian Barnhart. (Attachments: # 1 Exhibit Ex. G - Putative Class Members)(Frank, David) (Entered: 03/28/2018)

1 Exhibit Ex. G - Putative Class Members

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NOTICE: Because the discovery period in this case has now concluded and there are no pending non-dispositive motions, the referral to Magistrate Judge Susan L Collins is now terminated. All further matters will now be handled by Chief Judge Theresa L Springmann unless otherwise directed. This entry constitutes the court's order on this matter and shall carry the same weight and authority as a written order signed by the judge. (mr) (Entered: 04/03/2018)

Bright Line Notice

OPINION AND ORDER: GRANTING 36 Second MOTION to Certify Class by Plaintiff Ian Barnhart. The Court appoints Christopher C. Myers & Associates as Class Counsel. Signed by Chief Judge Theresa L Springmann on 5/17/2018. (lhc)

ORDER FOR CHIEF JUDGE THERESA L SPRINGMANN: Dispositive motions to be filed by 7/23/2018 and to be briefed in accordance with Local District Rules pursuant to the 40 Bright Line Notice. In the alternative, parties may jointly request trial date by written notice on or before 6/22/2018. (cer) (Entered: 05/21/2018)

MOTION for Partial Summary Judgment by Defendant David Gladieux. (Attachments: # 1 Exhibit A - Affidavit of Voter Registration, # 2 Exhibit B - Affidavit of John Zagelemeier, # 3 Exhibit C - Response to Request for Admissions)(Feighner, J) (Entered: 07/23/2018)

1 Exhibit A - Affidavit of Voter Registration

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2 Exhibit B - Affidavit of John Zagelemeier

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3 Exhibit C - Response to Request for Admissions

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MEMORANDUM in Support of 43 MOTION for Partial Summary Judgment filed by David Gladieux. (Feighner, J) (Entered: 07/23/2018)

RESPONSE to Motion re 43 MOTION for Partial Summary Judgment filed by Ian Barnhart. (Attachments: # 1 Affidavit Addison Affidavit, # 2 Affidavit Clemens Affidavit, # 3 Affidavit Collins Affidavit, # 4 Affidavit Cooper Affidavit, # 5 Affidavit Drake Affidavit, # 6 Affidavit Foote Affidavit, # 7 Affidavit Jones Affidavit, # 8 Affidavit Lash Affidavit, # 9 Affidavit Lewis Affidavit, # 10 Affidavit Long Affidavit, # 11 Affidavit Mattingly Affidavit, # 12 Affidavit Moore Affidavit, # 13 Affidavit Perkins Affidavit, # 14 Affidavit Thomas Affidavit, # 15 Affidavit Tuttle Affidavit)(Frank, David) (Entered: 08/20/2018)

1 Affidavit Addison Affidavit

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2 Affidavit Clemens Affidavit

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3 Affidavit Collins Affidavit

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4 Affidavit Cooper Affidavit

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5 Affidavit Drake Affidavit

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6 Affidavit Foote Affidavit

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7 Affidavit Jones Affidavit

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8 Affidavit Lash Affidavit

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9 Affidavit Lewis Affidavit

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10 Affidavit Long Affidavit

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11 Affidavit Mattingly Affidavit

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12 Affidavit Moore Affidavit

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13 Affidavit Perkins Affidavit

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14 Affidavit Thomas Affidavit

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15 Affidavit Tuttle Affidavit

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BRIEF in Opposition to 43 MOTION for Partial Summary Judgment filed by Ian Barnhart. (Frank, David) (Entered: 08/20/2018)

REPLY to Response to Motion re 43 MOTION for Partial Summary Judgment filed by David Gladieux. (Feighner, J) (Entered: 09/04/2018)

MOTION for Leave to File Sur-Response in Opposition to Defendant's Partial Motion for Summary Judgement by Plaintiff Ian Barnhart. (Attachments: # 1 Exhibit Plaintiffs' Sur-Response in Opposition to Defendant's Partial Motion for Summary Judgement, # 2 Affidavit James Davis, # 3 Affidavit Frederick Neel, # 4 Affidavit Artavius Richards, # 5 Affidavit Mylinque Wallace, # 6 Affidavit Nike-Shail White, # 7 Affidavit Jerry Williamson)(Frank, David) (Entered: 09/07/2018)

1 Exhibit Plaintiffs' Sur-Response in Opposition to Defendant's Partial

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2 Affidavit James Davis

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3 Affidavit Frederick Neel

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4 Affidavit Artavius Richards

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5 Affidavit Mylinque Wallace

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6 Affidavit Nike-Shail White

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7 Affidavit Jerry Williamson

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ORDER FOR CHIEF JUDGE THERESA L SPRINGMANN: The Court being duly advised GRANTS Pla's 48 Motion for Leave to File Sur-Response in Opposition to Partial Motion for Summary Judgment. Pla's Sur-Response to be filed by 10/2/2018. (cer) (Entered: 09/25/2018)

RESPONSE to Motion re 43 MOTION for Partial Summary Judgment Sur-Response filed by Ian Barnhart. (Attachments: # 1 Affidavit James Davis, # 2 Affidavit Frederick Neel, # 3 Affidavit Artavius Richards, # 4 Affidavit Mylinque Wallace, # 5 Affidavit Nike-Shail White, # 6 Affidavit Jerry Williamson)(Frank, David) (Entered: 09/27/2018)

1 Affidavit James Davis

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2 Affidavit Frederick Neel

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3 Affidavit Artavius Richards

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4 Affidavit Mylinque Wallace

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5 Affidavit Nike-Shail White

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6 Affidavit Jerry Williamson

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Letter from Mediator C Erik Chickedantz advising that mediation was suspended and a second mediation will be scheduled following the Court's ruling on Dft's pending motion for summary judgment. (lns) (Entered: 03/05/2019)

OPINION and ORDER GRANTING 43 Motion for Partial Summary Judgment. Accordingly, the Court DISMISSES WITHOUT PREJUDICE the claims of Class Members incarcerated in the Allen County Jail on or before October 31, 2016. The claims of the Class Members incarcerated in the Allen County Jail after that date remain pending. Signed by Chief Judge Theresa L Springmann on 4/3/2019. (nae) Modified on 4/4/2019 to correct docket text (nae).

ORDER FOR CHIEF JUDGE THERESA L SPRINGMANN: Telephonic Trial Scheduling Conference SET for 5/23/2019 at 10:30 AM (INDIANA EASTERN TIME) in US District Court - Fort Wayne before Chief Judge Theresa L Springmann. Court will initiate call.(cer) (Entered: 04/05/2019)

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ORDER REASSIGNING CASE. Case reassigned to Judge Holly A Brady for all further proceedings. Chief Judge Theresa L Springmann no longer assigned to case. Signed by Chief Judge Theresa L Springmann on 5/1/19. (rs) (Entered: 05/01/2019)

ORDER REASSIGNING CASE. Case reassigned to Judge William C Lee for all further proceedings. Judge Holly A Brady no longer assigned to case. Signed by Judge Holly A Brady on 5/10/19. (cer) (Entered: 05/10/2019)

ORDER OF RECUSAL. Judge William C Lee recused. Case reassigned to Chief Judge Theresa L Springmann for all further proceedings. Signed by Judge William C Lee on 5/13/2019. (lns) (Entered: 05/13/2019)

ORDER FOR CHIEF JUDGE THERESA L SPRINGMANNSA: On the Court's own motion due to a scheduling conflict the Telephonic Scheduling Conference set for 5/23/2019 is VACATED and RESET to 5/29/2019 12:00 PM (EASTERN TIME) in US District Court - Fort Wayne before Chief Judge Theresa L Springmann. Court to initiate the call. (rs) (Entered: 05/13/2019)

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TELEPHONIC STATUS CONFERENCE held on 5/29/2019, before Chief Judge Theresa L Springmann. Pla appeared by atty Christopher Myers. Dft appeared by atty J Spencer Feighner. Parties advise as to case status. Rule 23 Notice to be filed within 30 days. Dft to file an agreed proposed schedule by 8/26/2019 COB. Telephonic Status Conference SET for 9/16/2019 02:00 PM (EASTERN TIME) in US District Court - Fort Wayne before Chief Judge Theresa L Springmann. Court to initiate the call. (FTR) (rs) (Entered: 05/29/2019)

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Status Conference

Joint MOTION for Extension of Time to File Rule 23 Notice by Plaintiff Ian Barnhart. (Myers, Christopher) (Entered: 06/28/2019)

ORDER FOR CHIEF JUDGE THERESA L SPRINGMANN. The Court being duly advised GRANTS 59 Joint MOTION for Extension of Time to File Rule 23 Notice. Rule 23 Notice to be filed by 7/8/2019. (rs) (Entered: 07/01/2019)

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NOTICE by Ian Barnhart Submission of Draft Rule 23 Notice (Attachments: # 1 Exhibit 1 (Draft Rule 23 Notice))(Myers, Christopher) (Entered: 07/08/2019)

1 Exhibit 1 (Draft Rule 23 Notice)

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MOTION to Withdraw as Attorney by Plaintiff Ian Barnhart. (Frank, David) (Entered: 07/09/2019)

ORDER FOR CHIEF JUDGE THERESA L SPRINGMANN. The Court being duly advised GRANTS 62 MOTION to Withdraw as Attorney. Attorney David Frank is WITHDRAWN as counsel of record for Pla Ian Barnhart. (rs) (Entered: 07/12/2019)

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NOTICE by David Gladieux Proposed Schedule (Feighner, J) (Entered: 08/26/2019)

ORDER REASSIGNING CASE. Case reassigned to Judge Damon R Leichty for all further proceedings. Chief Judge Theresa L Springmann no longer assigned to case. Signed by Chief Judge Theresa L Springmann on 9/4/19. (ksc) (Entered: 09/04/2019)

NOTICE: Telephonic Status Conference set for 9/16/2019 02:00 PM (EST) in US District Court - South Bend before Judge Damon R Leichty. Counsel must provide the court with contact information for the conference by contacting the Courtroom Deputy, DeAndra Kirkwood at 574-246-8110. Use of a cell phone is prohibited and any speaker function should be disabled to avoid the courtrooms acoustical problems and to allow the court reporter to accurately record the proceedings. (dk) (Entered: 09/13/2019)

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TELEPHONE CONFERENCE held on 9/16/2019 before Judge Damon R Leichty. Pla appeared by atty C. Myers. Dft appeared by atty S. Feighner. After discussions, the court established future deadlines and hearings. Written order to follow. (Court Reporter D. Bonk.) (dk) (Entered: 09/16/2019)

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Telephone Conference

MEMORANDUM OF STATUS CONFERENCE AND ORDER CONCERNING PRETRIAL CONFERENCE AND TRIAL: Mr. Feighner is directed to prepare and file the proposed joint final pretrial order by 05/05/2020. A final pretrial conference is SET for 05/19/2020 at 1:15 PM and a 5-day jury trial to commence at 9:30 AM on 06/08/2020 in the third-floor courtroom in South Bend, Indiana. In addition, the Court ORDERS Mr. Myers to file a revised draft Fed. R. Civ. P. 23 notice ( 61 ) by 09/18/2019 and also to submit a Word copy to chambers via email. After receiving it, the Court will approve the Rule 23 notice on or before 09/20/2019. The notice is to be distributed to class members by 10/04/2019 via First Class mail and publication in local newspapers. Class members must opt out by 01/03/2020, if they wish to not be bound by the judgment of this case and in accordance with the notice. Signed by Judge Damon R Leichty on 09/17/2019. (jat) (Entered: 09/18/2019)

NOTICE by Ian Barnhart Revised Submission of Rule 23 Notice (Myers, Christopher) (Entered: 09/18/2019)

ORDER ON RULE 23 NOTICE APPROVING 61 Rule 23 Notice filed by Ian Barnhart.The parties are ORDERED to begin distribution of said notice. Pursuant to the courts prior order (ECF 68), the notice is to be distributed to class members by October 4, 2019 via First Class mail and publication in local newspapers. Class members must opt out by January 3, 2020 if they wish not to be bound by the judgment of this case. Signed by Judge Damon R Leichty on 9/19/19. (mlc) (Entered: 09/20/2019)

ORDER: Pursuant to General Order 2020-10, 5-day Jury Trial is RESET for 9/14/2020 09:30 AM (EST) in US District Court - South Bend before Judge Damon R Leichty. Final Pretrial Conference RESET for 8/27/2020 01:30 PM (EST) in US District Court - South Bend before Judge Damon R Leichty. Text-only order by Judge Damon R Leichty on 4/13/2020. (dk) (Entered: 04/13/2020)

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Miscellaneous Relief

Response to Motion

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