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 Complaint

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

Response

Order

0-Reassignment Letter for Judge Lynch cases

Discovery

Order

Discovery

Appoint Counsel

Proceed In Forma Pauperis

Dismiss

Order on Motion for Leave to Proceed In Forma Pauperis AND Order on Motion to Appoint Counsel

~Util - Set Hearings AND Status Conference

Protective Order

Extension of Time (Other)

Response

Order on Motion for Extension of Time to File

Order

Response in Opposition to Motion

Order

Reply in Support of Motion

Amend/Correct

Witness List AND Exhibit List

Notice of Appearance

Response in Opposition to Motion

Response in Opposition to Motion

Mail Returned

Response in Opposition to Motion

Mail Returned

Dismiss

Dismiss

Reply in Support of Motion

Extension of Time (Other)

Mail Returned

Order on Motion for Extension of Time to File

Consolidate Cases

Notice (Other)

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 imm inent 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)

Status Conference

Case Management Plan Tendered by

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)

Order

Order - Case Management

Amended Complaint

SEALED Document (Case Participants - doc)

Amended Complaint

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

SCHEDULING Order

Practices and Procedures

Waiver of Service Executed

Waiver of Service Executed

Waiver of Service Executed

Waiver of Service Executed

Waiver of Service Executed

Waiver of Service Executed