Case: Huggins v. ABK Tracking, Inc.

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

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)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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14 Civil Cover Sheet

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15 Proposed Summons

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

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)

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

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

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

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

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)

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)

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

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

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)

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)

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

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

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

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)

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)

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)

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

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

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

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

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)

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)

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)

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

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)

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)

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

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)

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)

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)

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)

ORDER granting 36 Motion for Extension of Time - IT IS THEREFORE ORDERED that the deadline for Defendant, Judge David Kiely, in his official capacity as Vanderburgh County First Judicial Circuit Judge, to file a response to Plaintiffs' complaint is extended to December 8, 2022. Signed by Magistrate Judge Matthew P. Brookman on 11/28/2022. (AAS) (Entered: 11/28/2022)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Defendant VANDERBURGH COUNTY, INDIANA. (Shoulders, Patrick) (Entered: 11/28/2022)

MOTION to Strike 2 Complaint Paragraphs 1, 96 and 134, filed by Defendant VANDERBURGH COUNTY, INDIANA. (Attachments: # 1 Text of Proposed Order)(Shoulders, Patrick) (Entered: 11/28/2022)

BRIEF/MEMORANDUM in Support re 38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Defendant VANDERBURGH COUNTY, INDIANA. (Shoulders, Patrick) (Entered: 11/28/2022)

MOTION TO DISMISS, filed by Defendants ABK ALARMS, INC., ABK REMOTE DRUG TESTING, INC., ABK TRACKING, INC.. (Attachments: # 1 Exhibit A - Huggins State Court Records, # 2 Exhibit B - Miller State Court Records)(Beeman, Alex) Modified text on 1/3/2023 (TMB). (Entered: 11/28/2022)

1 Exhibit A - Huggins State Court Records

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2 Exhibit B - Miller State Court Records

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BRIEF/MEMORANDUM in Support re 41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction, filed by Defendants ABK ALARMS, INC., ABK REMOTE DRUG TESTING, INC., ABK TRACKING, INC.. (Beeman, Alex) (Entered: 11/28/2022)

MOTION to Strike 2 Complaint, filed by Defendants ABK ALARMS, INC., ABK REMOTE DRUG TESTING, INC., ABK TRACKING, INC.. (Attachments: # 1 Text of Proposed Order)(Beeman, Alex) (Entered: 11/28/2022)

MOTION to Strike 2 Complaint, filed by Defendant DAVID KIELY. (Attachments: # 1 Text of Proposed Order)(Szyper, Caryn) (Entered: 12/08/2022)

MOTION to Dismiss, filed by Defendant DAVID KIELY. (Attachments: # 1 Exhibit Huggins' Updated State Court Docket)(Szyper, Caryn) Modified text on 1/3/2023 (TMB). (Entered: 12/08/2022)

BRIEF/MEMORANDUM in Support re 45 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Defendant DAVID KIELY. (Szyper, Caryn) (Entered: 12/08/2022)

Unopposed MOTION for Extension of Time to 12/20/22 in which to 34 Pretrial Conference - InitialSet Hearings file Motion for Preliminary Injunction, filed by Plaintiffs WILLIAMS HUGGINS, HOBERT KEITH MILLER. (Attachments: # 1 Text of Proposed Order)(Baker, Natasha) (Entered: 12/14/2022)

ORDER granting 47 Motion for Extension of Time to File Motion for a Preliminary Injunction and Adjustment to Hearing Time. Discovery relating to the preliminary injunction shall be completed by December 19, 2022. Plaintiffs' preliminary injunction motion and brief shall be filed by December 20, 2022. Defendants' response shall be filed by January 3, 2023. Plaintiffs' reply shall be filed by January 9, 2023. Preliminary Injunction Hearing set for 1/18/2023 at 1:00 PM RESET to 2:30 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 on 12/15/2022.(LBT) (Entered: 12/15/2022)

RESPONSE in Opposition re 38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Plaintiffs WILLIAMS HUGGINS, HOBERT KEITH MILLER. (Baker, Natasha) (Entered: 12/19/2022)

RESPONSE in Opposition re 41 MOTION TO DISMISS, filed by Plaintiffs WILLIAMS HUGGINS, HOBERT KEITH MILLER. (Baker, Natasha) Modified text on 1/3/2023 (TMB). (Entered: 12/19/2022)

RESPONSE in Opposition re 45 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Plaintiffs WILLIAMS HUGGINS, HOBERT KEITH MILLER. (Baker, Natasha) (Entered: 12/19/2022)

RESPONSE in Opposition re 39 MOTION to Strike 2 Complaint Paragraphs 1, 96 and 134, 44 MOTION to Strike 2 Complaint, 43 MOTION to Strike 2 Complaint, filed by Plaintiffs WILLIAMS HUGGINS, HOBERT KEITH MILLER. (Baker, Natasha) (Entered: 12/19/2022)

MOTION for Preliminary Injunction, filed by Plaintiffs WILLIAMS HUGGINS, HOBERT KEITH MILLER. (Baker, Natasha) (Entered: 12/20/2022)

BRIEF/MEMORANDUM in Support re 53 MOTION for Preliminary Injunction, filed by Plaintiffs WILLIAMS HUGGINS, HOBERT KEITH MILLER. (Attachments: # 1 Exhibit ABK ROGs, # 2 Exhibit ABK RFPs, # 3 Exhibit Kiely ROGs, # 4 Exhibit Huggins Emails, # 5 Exhibit Murray Decl, # 6 Exhibit Hawkins Decl, # 7 Exhibit Hawkins Dec 1 Violation Report, # 8 Exhibit Smith Decl, # 9 Exhibit Schwartz Decl, # 10 Exhibit Stevens Decl, # 11 Exhibit Brown Decl, # 12 Exhibit Miles Decl, # 13 Exhibit ABK Testing Procedure, # 14 Exhibit Hicks Decl, # 15 Exhibit Garrett Decl, # 16 Exhibit ABK Drug Testing Instructions, # 17 Exhibit Bailey Decl, # 18 Exhibit O'Brian Decl, # 19 Exhibit Auditor Reports, # 20 Exhibit ABK Payment Records, # 21 Exhibit Baker Decl, # 22 Exhibit Hawkins PTR Dec 2, # 23 Exhibit ABK Violation Report for Young, # 24 Exhibit Posey County Contract)(Baker, Natasha) (Entered: 12/20/2022)

Joint MOTION for Extension of Time to File Reply to 1/10/2023 re 38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 43 MOTION to Strike 2 Complaint, 44 MOTION to Strike 2 Complaint, 41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction, 39 MOTION to Strike 2 Complaint Paragraphs 1, 96 and 134, 45 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Defendants ABK ALARMS, INC., ABK REMOTE DRUG TESTING, INC., ABK TRACKING, INC., DAVID KIELY, VANDERBURGH COUNTY, INDIANA. (Attachments: # 1 Text of Proposed Order)(Koressel, Matthew) (Entered: 12/21/2022)

ORDER granting 55 Joint MOTION for Extension of Time to File Reply - IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND DECREED that the time in which Defendants shall file their replies in support of their respective Motions to Dismiss (Dkt. Nos. 38, 41 and 45 ), as well as their Motions to Strike (Dkt. Nos. 39, 43 and 44 ) is hereby extended to and including January 10, 2023. Signed by Magistrate Judge Matthew P. Brookman on 12/29/2022. (AAS) Modified on 12/29/2022 (AAS). (Entered: 12/29/2022)

NOTICE of Service of Initial Disclosures, filed by Defendants ABK ALARMS, INC., ABK REMOTE DRUG TESTING, INC., ABK TRACKING, INC.. (Beeman, Alex) (Entered: 12/31/2022)

RESPONSE in Opposition re 53 MOTION for Preliminary Injunction and Motion to Strike, filed by Defendants ABK ALARMS, INC., ABK REMOTE DRUG TESTING, INC., ABK TRACKING, INC.. (Attachments: # 1 Ex. C - Redlined Plaintiffs' Brief in Support of Motion for Preliminary Injunction, # 2 Ex. D - ABK's Response to Plaintiffs' Discovery Requests, # 3 Ex. E - Affidavit of Danny Koester, # 4 Ex. F - Affidavit of Cindy Bittner, # 5 Ex. G - Judge Kiely's Response to Interrogatories)(Beeman, Alex) (Entered: 01/03/2023)

Witness List Preliminary, filed by Plaintiffs WILLIAMS HUGGINS, HOBERT KEITH MILLER. (Baker, Natasha) (Entered: 01/06/2023)

REPLY in Support of Motion re 53 MOTION for Preliminary Injunction, filed by Plaintiffs WILLIAMS HUGGINS, HOBERT KEITH MILLER. (Baker, Natasha) (Entered: 01/09/2023)

REPLY in Support of Motion re 45 MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Defendant DAVID KIELY. (Szyper, Caryn) (Entered: 01/10/2023)

REPLY in Support of Motion re 44 MOTION to Strike 2 Complaint, filed by Defendant DAVID KIELY. (Szyper, Caryn) (Entered: 01/10/2023)

REPLY in Support of Motion re 39 MOTION to Strike 2 Complaint Paragraphs 1, 96 and 134, filed by Defendant VANDERBURGH COUNTY, INDIANA. (Shoulders, Patrick) (Entered: 01/10/2023)

REPLY in Support of Motion re 38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Defendant VANDERBURGH COUNTY, INDIANA. (Shoulders, Patrick) (Entered: 01/10/2023)

REPLY in Support of Motion re 43 MOTION to Strike 2 Complaint, filed by Defendants ABK ALARMS, INC., ABK REMOTE DRUG TESTING, INC., ABK TRACKING, INC.. (Beeman, Alex) (Entered: 01/10/2023)

REPLY in Support of Motion re 41 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction, filed by Defendants ABK ALARMS, INC., ABK REMOTE DRUG TESTING, INC., ABK TRACKING, INC.. (Beeman, Alex) (Entered: 01/10/2023)

MOTION to Strike 60 Reply in Support of Motion for Preliminary Injunction, filed by Defendants ABK ALARMS, INC., ABK REMOTE DRUG TESTING, INC., ABK TRACKING, INC.. (Attachments: # 1 Text of Proposed Order)(Beeman, Alex) (Entered: 01/11/2023)

MOTION for Evidentiary Hearing, filed by Defendants ABK ALARMS, INC., ABK REMOTE DRUG TESTING, INC., ABK TRACKING, INC.. (Attachments: # 1 Text of Proposed Order)(Beeman, Alex) (Entered: 01/11/2023)

SCHEDULING ORDER:PRELIMINARY INJUCTION HEARING set for January 18, 2023, is hereby RESCHEDULED for JANUARY 19, 2023 at 9:00 a.m., Evansville time (CST), before the Honorable Matthew P. Brookman, United States Magistrate Judge, in Room 359 of the Federal Building/United States Courthouse in Evansville, Indiana. Signed by Magistrate Judge Matthew P. Brookman on 1/12/23.(JRB) (Entered: 01/12/2023)

RESPONSE in Opposition re 68 MOTION for Evidentiary Hearing, filed by Plaintiffs WILLIAMS HUGGINS, HOBERT KEITH MILLER. (Baker, Natasha) (Entered: 01/12/2023)

RESPONSE in Opposition re 67 MOTION to Strike 60 Reply in Support of Motion for Preliminary Injunction, filed by Plaintiffs WILLIAMS HUGGINS, HOBERT KEITH MILLER. (Baker, Natasha) (Entered: 01/13/2023)

Exhibit List (Preliminary), filed by Defendant DAVID KIELY, Witness List (Preliminary), filed by Defendant DAVID KIELY. (Szyper, Caryn) (Entered: 01/13/2023)

Witness List & Exhibit Lists Preliminary, filed by Defendant VANDERBURGH COUNTY, INDIANA. (Koressel, Matthew) (Entered: 01/13/2023)

ORDER granting 68 Motion for Evidentiary Hearing to the extent that the January 19, 2023, Preliminary Injunction Hearing should include an evidentiary hearing, which will be rescheduled for 8:30 a.m., Evansville time (CST). The Court is allocating one and one-half hours for the presentation of testimony from Danny Koester, President of ABK Tracking, Inc. The Court has allocated a total of four and one-half hours for the entire preliminary injunction hearing. Signed by Magistrate Judge Matthew P. Brookman on 1/13/23.(JRB) (Entered: 01/13/2023)

Witness List (Preliminary), filed by Defendants ABK ALARMS, INC., ABK REMOTE DRUG TESTING, INC., ABK TRACKING, INC., Exhibit List (Preliminary), filed by Defendants ABK ALARMS, INC., ABK REMOTE DRUG TESTING, INC., ABK TRACKING, INC.. (Beeman, Alex) (Entered: 01/13/2023)

MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Evidentiary and Preliminary Injunction Hearing held on 1/19/2023. Defendant ABK called Danny Koester to testify. He was sworn and examined. Arguments were made by all parties. The Motion for Preliminary Injunction (Docket No. 53 ) is taken under advisement. The Court DENIED ABK's Motion to Strike Plaintiffs' Reply to the Preliminary Injunction Motion (Docket No. 67 ). Instead the Court granted ABK leave to provide oral argument on the issues raised for the first time in Plaintiffs' reply brief. Oral argument was then heard as to the same. Signed by Magistrate Judge Matthew P. Brookman. (TMB) (Court Reporter is Beth Culiver) (Entered: 01/20/2023)

Proposed Stipulated Protective Order, filed by Defendants ABK ALARMS, INC., ABK REMOTE DRUG TESTING, INC., ABK TRACKING, INC.. (Beeman, Alex) Modified on 2/7/2023 (AAS). Modified on 2/7/2023 (AAS). (Entered: 02/06/2023)

PROTECTIVE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 02/07/2023.(AAS) (Entered: 02/07/2023)

MOTION to Withdraw Attorney Appearance of Caryn N. Szyper, filed by Defendant DAVID KIELY. (Attachments: # 1 Text of Proposed Order)(Szyper, Caryn) (Entered: 02/22/2023)

TRANSCRIPT of Preliminary Injunction Hearing held on 01/19/2023 before Magistrate Judge Matthew P. Brookman. (155 pages.) Court Reporter/Transcriber: Beth Culiver (Email: Beth_Culiver@insd.uscourts.gov). Please review Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 3/16/2023. Release of Transcript Restriction set for 5/24/2023. (Culiver, Elizabeth) Released on 5/25/2023 (SWM). (Entered: 02/23/2023)

NOTICE of FILING of OFFICIAL TRANSCRIPT of Preliminary Injunction Hearing held before Magistrate Judge Matthew P. Brookman on 01/19/2023 (Culiver, Elizabeth) (Entered: 02/23/2023)

ORDER granting 79 Motion to Withdraw Attorney Appearance. Attorney Caryn Nieman Szyper withdrawn.. Signed by Magistrate Judge Matthew P. Brookman on 2/24/23. (JRB) (Entered: 02/24/2023)

NOTICE of Appearance by J. Derek Atwood on behalf of Defendant DAVID KIELY. (Atwood, J.) (Entered: 03/21/2023)

NOTICE of Reassignment of Case to Judge Matthew P. Brookman and Magistrate Judge Mark J. Dinsmore. Judge James Patrick Hanlon is no longer assigned to this case. Please include the new case number, 3:22-cv-00135-MPB-MJD, on all future filings in this matter. (JD) (Entered: 04/04/2023)

ENTRY UNDOING REFERENCE TO THE MAGISTRATE JUDGE - The reference is hereby withdrawn. Refer to updated case number 3:22-cv-135-MPB-MJD on all future filings.. Signed by Judge Matthew P. Brookman on 4/4/23.(JRB) (Entered: 04/04/2023)

MOTION for Leave to Submit Supplemental Evidence in Opposition to Motion for Preliminary Injunction [Dkt. 53], filed by Defendants ABK ALARMS, INC., ABK REMOTE DRUG TESTING, INC., ABK TRACKING, INC.. (Attachments: # 1 Exhibit 1A - Updated Docket and Dismissal Pleadings, # 2 Exhibit 2A - Supplemental Affidavit of Cindy Bittner, # 3 Exhibit 3A - Docket Search as to Miller, # 4 Text of Proposed Order)(Beeman, Alex) (Entered: 05/04/2023)

RESPONSE in Opposition re 86 MOTION for Leave to Submit Supplemental Evidence in Opposition to Motion for Preliminary Injunction [Dkt. 53], filed by Plaintiffs WILLIAMS HUGGINS, HOBERT KEITH MILLER. (Baker, Natasha) (Entered: 05/18/2023)

First MOTION to Amend/Correct Case Management Order, filed by Defendant VANDERBURGH COUNTY, INDIANA. (Attachments: # 1 Exhibit)(Lobermann, Bernard) (Entered: 05/30/2023)

ORDER ON DEFENDANTS' MOTIONS TO DISMISS AND MOTIONS TO STRIKE AND ON PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION - The Court GRANTS Defendants' Motions to Dismiss (Docket No. 38 ; Docket No. 41 ; Docket No. 45 ) to the extent the Court finds it lacks subject matter jurisdiction over this lawsuit. Because the Court will dismiss this matter, it also DENIES Defendants' Motions to Strike (Docket No. 39 ; Docket No. 43 ; Docket No. 44 ); Plaintiffs' Motion for Preliminary Injunction (Docket No. 53 ); ABK's Motion for Leave to Submit Supplemental Evidence (Docket No. 86 ); and the parties' Joint Motion to Amend Case Management Plan (Docket No. 88 ) as moot. Final judgment in accordance with this entry shall now follow. SEE ORDER. Signed by District Judge Matthew P Brookman on 6/9/2023. (JRB) (Entered: 06/09/2023)

FINAL JUDGMENT - For the reasons stated in this Court's Order issued simultaneously to this ruling, this matter is hereby DISMISSED for want of subject matter jurisdiction. SEE ORDER. Signed by District Judge Matthew P Brookman on 6/9/2023.(JRB) (Entered: 06/09/2023)

MOTION for Bill of Costs, filed by Defendant ABK TRACKING, INC.. (Beeman, Alex) (Entered: 06/09/2023)

MOTION for Reconsideration re 90 Closed Judgment, 89 Order on Motion to Dismiss for Failure to State a ClaimOrder on Motion to StrikeOrder on Motion for Preliminary InjunctionOrder on Motion to Amend/Correct, filed by Plaintiffs WILLIAMS HUGGINS, HOBERT KEITH MILLER. (Attachments: # 1 Exhibit Excerpts from Evidentiary Hearing Transcript, # 2 Text of Proposed Order)(Baker, Natasha) (Entered: 07/06/2023)

BRIEF/MEMORANDUM in Support re 92 MOTION for Reconsideration re 90 Closed Judgment, 89 Order on Motion to Dismiss for Failure to State a ClaimOrder on Motion to StrikeOrder on Motion for Preliminary InjunctionOrder on Motion to Amend/Correct, filed by Plaintiffs WILLIAMS HUGGINS, HOBERT KEITH MILLER. (Baker, Natasha) (Entered: 07/06/2023)

Joint MOTION for Extension of Time to File Response to August 3, 2023 re 92 MOTION for Reconsideration re 90 Closed Judgment, 89 Order on Motion to Dismiss for Failure to State a ClaimOrder on Motion to StrikeOrder on Motion for Preliminary InjunctionOrder on Motion to Amend/Correct, filed by Defendant VANDERBURGH COUNTY, INDIANA. (Attachments: # 1 Text of Proposed Order)(Lobermann, Bernard) (Entered: 07/19/2023)

ORDER granting 94 Joint MOTION for Extension of Time to File Response to 92 MOTION for Reconsideration - On or before August 3, 2023, Defendants shall file their responses to Plaintiffs' Motion to Reconsider, and on or before August 24, 2023, Plaintiffs shall file their reply in support of Plaintiffs' Motion to Reconsider. SEE ORDER. Signed by Magistrate Judge Mark J. Dinsmore on 7/20/2023. (JRB) (Entered: 07/21/2023)

RESPONSE in Opposition re 92 MOTION for Reconsideration re 90 Closed Judgment, 89 Order on Motion to Dismiss for Failure to State a ClaimOrder on Motion to StrikeOrder on Motion for Preliminary InjunctionOrder on Motion to Amend/Correct, filed by Defendants ABK ALARMS, INC., ABK REMOTE DRUG TESTING, INC., ABK TRACKING, INC.. (Attachments: # 1 Text of Proposed Order)(Beeman, Alex) (Entered: 07/31/2023)

RESPONSE in Opposition re 92 MOTION for Reconsideration re 90 Closed Judgment, 89 Order on Motion to Dismiss for Failure to State a ClaimOrder on Motion to StrikeOrder on Motion for Preliminary InjunctionOrder on Motion to Amend/Correct, filed by Defendant DAVID KIELY. (Attachments: # 1 Text of Proposed Order)(Atwood, J.) (Entered: 08/03/2023)

RESPONSE in Opposition to Plaintiffs' Motion for Reconsideration, re 93 Brief/Memorandum in Support, filed by Defendant VANDERBURGH COUNTY, INDIANA. (Attachments: # 1 Text of Proposed Order)(Lobermann, Bernard) (Entered: 08/03/2023)

REPLY in Support of Motion re 92 MOTION for Reconsideration re 90 Closed Judgment, 89 Order on Motion to Dismiss for Failure to State a ClaimOrder on Motion to StrikeOrder on Motion for Preliminary InjunctionOrder on Motion to Amend/Correct, filed by Plaintiffs WILLIAMS HUGGINS, HOBERT KEITH MILLER. (Baker, Natasha) (Entered: 08/23/2023)

ORDER denying 92 MOTION for Reconsideration - SEE ORDER. Signed by District Judge Matthew P. Brookman on 10/27/2023. (JRB) (Entered: 10/27/2023)

NOTICE OF APPEAL as to 90 Closed Judgment, 100 Order on Motion for Reconsideration, 89 Order on Motion to Dismiss for Failure to State a ClaimOrder on Motion to StrikeOrder on Motion for Preliminary InjunctionOrder on Motion to Amend/Correct, filed by Plaintiffs WILLIAMS HUGGINS, HOBERT KEITH MILLER. (Filing fee $505, receipt number AINSDC-7884945) (Telfeyan, Phil) (Entered: 11/03/2023)