Case: Noon v. Sailor

COMPLAINT for damages w/DEMAND FOR JURY TRIAL eod 04/07/99 [KTK] (Entered: 04/07/1999)

SUMMONS issued & retd to counsel for service eod 04/07/99 [KTK] (Entered: 04/07/1999)

CIVIL COVER SHEET w/class action under FRCP23 checked eod 04/07/99 [KTK] (Entered: 04/07/1999)

MAGISTRATE'S NOTICE & CONSENT issued eod 04/07/99 [KTK] (Entered: 04/07/1999)

RECEIPT #14255, payment of $150.00 filing fee eod 04/07/99 [KTK] (Entered: 04/07/1999)

PETITION for Certification of Class Action by pltfs, c/s eod 04/26/99 [KTK] (Entered: 04/26/1999)

AFFIDAVIT of Bart M Betteau, c/s eod 04/26/99 [KTK] (Entered: 04/26/1999)

REQUEST FOR PRODUCTION directed to defts by pltfs, c/s eod 04/26/99 [KTK] (Entered: 04/26/1999)

REQUEST FOR ADMISSIONS by pltfs, c/s eod 04/26/99 [KTK] (Entered: 04/26/1999)

MOTION PRO HAC VICE for Christopher P O'Bryan, O'BRYAN BROWN & TONER, to appear for deft Sailor, c/s eod 05/13/99 [BJS] (Entered: 05/13/1999)

ORDER GRANTING Christopher P O'Bryan to appear pro hac vice for deft Sailor (10) (DFH), c/r/t/c eod 05/13/99 [BJS] (Entered: 05/13/1999)

RECEIPT #14302 - $30.00 Pro Hac Vice fee eod 05/13/99 [BJS] (Entered: 05/13/1999)

APPEARANCE of Tracy S Prewitt and Christopher P O'Bryan, O'BRYAN BROWN & TONER, to appear for deft Sailor, c/s eod 05/13/99 [BJS] (Entered: 05/13/1999)

MOTION FOR TIME TO respond to complaint, discovery & Pet for Certification of Class Action, by deft Sailor, c/s eod 05/13/99 [BJS] (Entered: 05/13/1999)

ORDER (AGREED) GRANTING deft Sailor to June 7, 1999 to respond to complaint and any other pending motions and/or discovery requests (14) (DFH), c/m eod 05/14/99 [BJS] (Entered: 05/14/1999)

RETURN of service by CMRRR dated 4/8/99 as to deft Sheriff Bill Carver eod 05/14/99 [KTK] (Entered: 05/14/1999)

PETITION for Default Judgment as to deft Sheriff Bill Carver, c/s eod 05/14/99 [KTK] (Entered: 05/14/1999)

APPEARANCE of Dave Whalin & Melanie Straw-Boone, LANDRUM & SHOUSE, for deft Wm Carver, c/s eod 05/17/99 [KTK] (Entered: 05/17/1999)

NOTICE OF PARTIES' FIRST EXTENSION OF TIME to 6/7/99 for deft Carver to respond to pltfs Complt, c/s eod 05/17/99 [KTK] (Entered: 05/17/1999)

ORDER denies pltfs' petition for default judgment. DFH c/m eod 05/18/99 [PLM] (Entered: 05/18/1999)

MOTION FOR TIME TO Answer pltfs' request for producdtion of documents & request for admissions by deft Carver, c/s eod 05/25/99 [KTK] (Entered: 05/25/1999)

OBJECTION to defts' Mot to EX TIme to Answer request for production of documents & request for admissions, c/s eod 06/01/99 [KTK] (Entered: 06/01/1999)

PETITION to intervene by various pltfs, c/s eod 06/03/99 [KTK] (Entered: 06/03/1999)

MOTION FOR S/J by pltfs, c/s eod 06/03/99 [KTK] (Entered: 06/03/1999)

PROPOSED Findings of Undisputed Fact & Conclusions of Law, c/s eod 06/03/99 [KTK] (Entered: 06/03/1999)

ANSWER to complaint by deft William Carver, c/s eod 06/04/99 [BJS] (Entered: 06/04/1999)

REPLY to pltf's Advice to Court and Objection to Mot for Time to Answer Req for Prod of Docs & Req for Admissions, by deft William Carver, c/s eod 06/04/99 [BJS] (Entered: 06/04/1999)

RESPONSES to Req for Admissions by deft William Carver, c/s eod 06/04/99 [BJS] (Entered: 06/04/1999)

MOTION TO DISMISS by deft Sailor, c/s eod 06/04/99 [BJS] (Entered: 06/04/1999)

MEMORANDUM in support of deft Sailor's Mot to Dismiss, c/s eod 06/04/99 [BJS] (Entered: 06/04/1999)

AFFIDAVIT of Clyde R Sailor eod 06/04/99 [BJS] (Entered: 06/04/1999)

JOINT MEMORANDUM in Opposition to pltfs' Petition for Certification of Class Action, by defts, c/s eod 06/04/99 [BJS] (Entered: 06/04/1999)

PETITION to Sever Issue of Damages w/attached Memorandum in Support, by pltf, c/s eod 06/04/99 [BJS] (Entered: 06/04/1999)

ENTRY ASSIGNS JURY TRIAL to 05/09/00 at 09:00AM Room 200 (DFH) c/m IN NEW ALBANY, INDIANA eod 06/04/99 [PLM] (Entered: 06/04/1999)

ORDER that deft, Sheriff Carver, is granted until 06/25/99 to answer req for prod and req for admissions served upon him on 4/26/99. No further extension will be granted. DFH c/m eod 06/04/99 [PLM] (Entered: 06/04/1999)

RESPONSE to defts' Mot to Dismiss, c/s eod 06/10/99 [KTK] (Entered: 06/10/1999)

MEMORANDUM in support of pltfs' Response eto defts' Mot to Dismiss, c/s eod 06/10/99 [KTK] (Entered: 06/10/1999)

JOINT MOTION for expedited IPTC, c/s DEFTS eod 06/10/99 [KTK] (Entered: 06/10/1999)

MOTION TO DISMISS (JOINT) pltfs' Mot for SJ w/o prejudice to refile, or in the alternative, for an EX of time to respond pursuant to FRCP 56(f), c/s DEFTS eod 06/11/99 [KTK] (Entered: 06/11/1999)

ENTRY ASSIGNS CONF to 06/28/99 at 01:30PM Room 228 (DFH) c/m eod 06/15/99 [CEB] (Entered: 06/15/1999)

RSPONE to pltfs' Petition to Intervene w/MEMORANDUM in support, c/s DEFT SAILOR eod 06/16/99 [KTK] (Entered: 06/16/1999)

RESPONSE to defts' Joint Mot to Dismiss pltf's SJ Mot, c/s PLTFS eod 06/22/99 [KTK] (Entered: 06/22/1999)

OBV 50 PG 84 eod 07/01/99 [KTK] (Entered: 07/01/1999)

AMENDED COMPLAINT filed pursuant to Court's Entry of 6/29/99, c/s PLTF eod 07/02/99 [BJS] (Entered: 07/02/1999)

ANSWER to the AMENDED COMPLAINT (1st), c/s - DEFT SAILOR eod 07/13/99 [KTK] (Entered: 07/13/1999)

ANSWER to pltfs' 1st AM COMPLT, c/s - DEFT CARVER eod 07/21/99 [KTK] (Entered: 07/21/1999)

MOTION TO SEVER (Petition) issue of damages, c/s - PLTFS eod 07/28/99 [KTK] (Entered: 07/28/1999)

BRIEF in support of 2nd Revised Pet for Certification as a Class Action & Pet to Sever Issue of Damages, c/s - PLTFS eod 07/28/99 [KTK] (Entered: 07/28/1999)

MOTION TO AMEND COMPLT for damages, c/s - PLTFS eod 09/15/99 [KTK] (Entered: 09/15/1999)

MEMORANDUM in support of Mot to AM Complt for damages, c/s - PLTFS eod 09/15/99 [KTK] (Entered: 09/15/1999)

JOINT RESPONSE to pltfs' Mot to file 2nd AM Complt, c/s - DEFTS eod 09/21/99 [KTK] (Entered: 09/21/1999)

JOINT MEMORANDUM in OPPOSITION to pltfs' Revised petion for certification as a class action, c/s - DEFTS eod 09/23/99 [KTK] (Entered: 09/23/1999)

ORDER granting leave to amend complaint for damages. DFH c/m eod 09/24/99 [PLM] (Entered: 09/24/1999)

AMENDED COMPLAINT (SECOND AMENDED COMPLAINT) c/s PLTFS eod 09/24/99 [PLM] (Entered: 09/24/1999)

ANSWER to the AMENDED COMPLAINT (2nd AM Complt), c/s DEFT Sailor eod 09/27/99 [BJS] (Entered: 09/27/1999)

NOTICE OF FILING Exhibit A to defts' Joint Memo in Opposition to pltfs' Revised Petition for Certification as Class Action, c/s DEFTS eod 09/27/99 [BJS] (Entered: 09/27/1999)

APPEARANCE of Edward J Liptak, MILLER CARSON BOXBERGER & MURPHY, c/s DEFTS Sailor & Carver eod 10/04/99 [BJS] (Entered: 10/04/1999)

ANSWER to pltfs' 2nd AM Complt, c/s - DEFT Carver eod 10/12/99 [KTK] (Entered: 10/12/1999)

NOTICE of Compliance: 10/27/99 pltf sent Response to defts' Joint Request for Admissions & letter requesting add'l 30 days to comply w/discovery response, c/s eod 10/29/99 [KTK] (Entered: 10/29/1999)

JOINT MOTION pursuant to FRCP 36 to determine the sufficiency of pltfs' Answers to requests for admissions, c/s - DEFTS eod 11/03/99 [KTK] (Entered: 11/03/1999)

RESPONSE to defts' Objection to pltfs' Pet for Certification as a class action, c/s - PLTFS eod 11/09/99 [KTK] (Entered: 11/09/1999)

NOTICE of Service of Notice of Rule 30(B) Depos served upon cnsl for defts, c/s PLTFS eod 11/16/99 [BJS] (Entered: 11/16/1999)

RESPONSE to Joint Motion pursuant to FRCP 36 to Determine Sufficiency of Answers to Reqs for Admissions, c/s PLTFS eod 11/16/99 [BJS] (Entered: 11/16/1999)

ORDER grants any plaintiff who has not already done so until 02/11/00 to make complete responses to defendants' requests for admission; any plaintiff who fails to do so will be deemed to have admitted each of the requests. DFH. c/m. eod 01/28/00 [CEB] (Entered: 01/28/2000)

NOTICE OF CHANGE OF ADDRESS filed by Attorney for William Carver eod 02/01/00 [DW] (Entered: 02/01/2000)

RESPONSE to pltfs' Req for Admissions, c/s DEFT Sailor eod 02/29/00 [BJS] (Entered: 02/29/2000)

RESPONSE to pltfs' Req for Admissions, c/s DEFT Carver eod 03/09/00 [BJS] (Entered: 03/09/2000)

ENTRY denies plaintiffs' Motion for Class Certification. DFH c/m eod 03/14/00 [CEB] (Entered: 03/14/2000)

ORDER directs parties to submit before 04/19/00 a joint plan or separate plans for dealing with the multiple issues in this action. DFH c/m eod 03/21/00 [CEB] (Entered: 03/21/2000)

MOTION TO AMEND Complaint, c/s PLTF eod 03/21/00 [BJS] (Entered: 03/21/2000)

MEMORANDUM in Support of Mot to AM Complaint, c/s PLTF eod 03/21/00 [BJS] (Entered: 03/21/2000)

MOTION TO RECONSIDER denial of class certification - c/s PLTFS eod 03/27/00 [JMC] (Entered: 03/27/2000)

APPEARANCE of Bruce Brightwell (Louisville, Ky) - c/s PLTFS eod 03/27/00 [JMC] (Entered: 03/27/2000)

RESPONSE to pltfs' Mot to Reconsider, c/s DEFTS eod 04/04/00 [BJS] (Entered: 04/04/2000)

ENTRY on plaintiffs' motion to reconsider denial of class certificaton; plaintiffs' motion to reconsider is hereby DENIED; Case remains set for a status conference on 04/21/00 at 1:30 p.m. in the U.S. Courthouse in New Albany, Indiana. DFH c/m eod 04/17/00 [PLM] (Entered: 04/17/2000)

SUBMISSION of Defendants'Joint Scheduling Plan, c/s DEFTS eod 04/18/00 [BJS] (Entered: 04/18/2000)

ORDER directs that any motions for summary judgment be filed by 11/30/00. DFH c/m eod 04/24/00 [CEB] (Entered: 04/24/2000)

ORDER VACATES JURY TRIAL of 05/09/00 at 09:00AM Room 200 (DFH) c/m eod 04/25/00 [CEB] (Entered: 04/25/2000)

ENTRY ASSIGNS CONF to 06/08/00 at 09:30AM Room 228 (JPG) c/m (Settlement Conf; confidential statment to be submitted (NOT FILED) by 5/30/00) eod 04/27/00 [BJS] (Entered: 04/27/2000)

ENTRY ASSIGNS CONF to 06/06/00 at 09:30AM Room 228 (JPG) c/m from IP (Settlement Conf; confidential statement to be submitted (NOT FILED) by 5/30/00) eod 05/15/00 [BJS] (Entered: 05/15/2000)

REQUEST FOR INSURANCE REPRESENTATIVE TO ATTEND SETTLEMENT CONFERENCE BY TELEPHONE filed by Defts eod 05/19/00 [DW] (Entered: 05/19/2000)

OBJECTION to Excusing Insurance Representatives, c/s PLTFS eod 05/22/00 [BJS] (Entered: 05/22/2000)

NOTICE of Substitution of Counsel: R Thad Keal is substituted for Melanie Straw-Boon as cnsl for deft Wm Carver, c/s DEFT Carver eod 05/30/00 [BJS] (Entered: 05/30/2000)

AMENDED COMPLAINT adding pltfs, c/s PLTF eod 05/30/00 [BJS] (Entered: 05/30/2000)

ORDER permitting Georgia Boyer of Governmental Interinsurance Exchange to attend settlement conf of 6/6/00 by telephone (81) (JPG), c/m eod 06/05/00 [BJS] (Entered: 06/05/2000)

NOTICE - Settlement Conf held before Mag Judge JPGodich in NA eod 06/09/00 [BJS] (Entered: 06/09/2000)

MOTION by Jeremy Clark Greene to be added in class of individuals entitled to settlement eod 07/10/00 [BJS] (Entered: 07/10/2000)

ENTRY - the court has received a submission from Jeremy Clark Geeene stating that he would like to be included in the class of individuals entitled to settlement in this case. Mr. Greene's submission is addressed to the clerk of the Harrison County courts and indicates service on the Prosecuting attorneys, apparently for Harrison County, who are not involved in this case. A copy of Mr. Greene''s submission shall be attached to this entry and all copies for counsel. This case is not a class action, so Mr. Greene''s filing has no legal effect. If he wishes to file his own action, he may do so. DFH c/m eod 07/19/00 [PLM] (Entered: 07/19/2000)

ORDER approves Agreed Order tendered by the parties relating to settlement. DFH c/m eod 08/16/00 [CEB] (Entered: 08/16/2000)

MOTION TO WITHDRAW by Bart M Betteau & Bruce Brightwell, c/s - PLTF Shoots eod 10/10/00 [KTK] (Entered: 10/10/2000)

MOTION TO WITHDRAW by Bart M Betteau & Bruce Brightwell, c/s - PLTF Richmond eod 10/10/00 [KTK] (Entered: 10/10/2000)

MOTION TO WITHDRAW by Bart M Betteau & Bruce Brightwell, c/s - PLTF Kingsley eod 10/10/00 [KTK] (Entered: 10/10/2000)

MOTION TO WITHDRAW by Bart M Betteau & Bruce Brightwell, c/s - PLTF McCutcheon eod 10/10/00 [KTK] (Entered: 10/10/2000)

MOTION TO WITHDRAW by Bart M Betteau & Bruce Brightwell, c/s - PLTF Horner eod 10/10/00 [KTK] (Entered: 10/10/2000)

MOTION TO WITHDRAW by Bart M Betteau & Bruce Brightwell, c/s - PLTF Krininger eod 10/10/00 [KTK] (Entered: 10/10/2000)

ORDER grants motion of Bart M. Batteau and Bruce Brightwell to withdraw as counsel for James Douglas Shoots. DFH c/m eod 10/16/00 [CEB] (Entered: 10/16/2000)

ORDER grants motion of Bart M. Batteau and Bruce Brightwell to withdraw as counsel for Rebecca Richmond. DFH c/m eod 10/16/00 [CEB] (Entered: 10/16/2000)

ORDER grants motion of Bart M. Batteau and Bruce Brightwell to withdraw as counsel for Victor Kingsley. DFH c/m eod 10/16/00 [CEB] (Entered: 10/16/2000)

ORDER grants motion of Bart M. Batteau and Bruce Brightwell to withdraw as counsel for Douglas L. McCutcheon. DFH c/m eod 10/16/00 [CEB] (Entered: 10/16/2000)

ORDER grants motion of Bart M. Batteau and Bruce Brightwell to withdraw as counsel for Christopher Horner. DFH c/m eod 10/16/00 [CEB] (Entered: 10/16/2000)