N.D. Ind. 3:14-cv-01791 Docket
Hively v. Ivy Tech Community College
No. 3:14-cv-01791, Case History (under construction)
Court: Northern District of Indiana (South Bend)
Assigned to: Judge Jon E DeGuilio
(previously Judge Rudy Lozano)
Referred to: Magistrate Judge Michael G Gotsch, Sr.
(previously Magistrate Judge Christopher A Nuechterlein)
| Date Filed | # | Docket Text |
| 08/15/2014 | 1 | PRO SE COMPLAINT with Jury Demand against Ivy Tech Community College (Filing fee $ 400.) Receipt #3011070, filed by Kimberly A Hively. (Attachments: # 1 Exhibits, # 2 Civil Cover Sheet)(jld) (Additional attachment(s) added on 9/18/2014: # 3 Civil Cover Sheet) (jld). Modified on 9/18/2014 to remove extra documents attached to (2) Civil Cover Sheet (jld). (Entered: 08/19/2014) |
| 08/15/2014 | 2 | Summons Issued as to Ivy Tech Community College. 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. (jld) (Entered: 08/19/2014) |
| 08/22/2014 | 3 | SUMMONS Returned Executed by Kimberly A Hively. Ivy Tech Community College served on 8/18/2014, answer due 9/8/2014. (kds) (Entered: 08/27/2014) |
| 09/05/2014 | 4 | MOTION for Extension of Time to File Answer / Defendant’s Motion for an Initial Enlargement of Time to Answer or Otherwise Respond to Plaintiff’s Complaint by Defendant Ivy Tech Community College. (Bartrom, Adam) (Entered: 09/05/2014) |
| 09/05/2014 | 5 | NOTICE of Appearance by Adam Lee Bartrom on behalf of Ivy Tech Community College (Bartrom, Adam) (Entered: 09/05/2014) |
| 09/05/2014 | 6 | NOTICE of Appearance by Jason T Clagg on behalf of Ivy Tech Community College (Clagg, Jason) (Entered: 09/05/2014) |
| 09/23/2014 | 7 | ORDER granting 4 Motion for Extension of Time to Answer Plaintiff’s Complaint, Ivy Tech Community College answer due 10/6/2014. Signed by Magistrate Judge Christopher A Nuechterlein on 9/23/2014. (rmc) (Entered: 09/23/2014) |
| 09/29/2014 | 8 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Ivy Tech Community College. (Bartrom, Adam) (Entered: 09/29/2014) |
| 09/29/2014 | 9 | BRIEF in Support of 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Ivy Tech Community College. (Bartrom, Adam) (Entered: 09/29/2014) |
| 10/10/2014 | 10 | MOTION for Extension of Time to File Response as to 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Plaintiff Kimberly A Hively. (kds) (Entered: 10/14/2014) |
| 10/16/2014 | 11 | ORDER granting 10 Motion for Extension of Time to File Response. Response to be filed by 11/13/2014. Signed by Magistrate Judge Christopher A Nuechterlein on 10/16/2014. (kds) (Entered: 10/17/2014) |
| 11/12/2014 | 12 | RESPONSE to Motion re 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Kimberly A Hively. (kds) (Entered: 11/18/2014) |
| 11/21/2014 | 13 | REPLY to Response to Motion re 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Ivy Tech Community College (Clagg, Jason) (Entered: 11/21/2014) |
| 03/03/2015 | 14 | OPINION AND ORDER granting 8 Motion to Dismiss for Failure to State a Claim. The Clerk is ORDERED to DISMISS Plaintiffs complaint WITH PREJUDICE in its entirety, and to CLOSE this case. Signed by Judge Rudy Lozano on 3/3/2015. (rmc) (Entered: 03/04/2015) |
| 03/04/2015 | 15 | CLERK’S ENTRY OF JUDGMENT. (rmc) (Entered: 03/04/2015) |
| 04/02/2015 | 16 | NOTICE OF APPEAL as to 15 Clerks Judgment, 14 Order on Motion to Dismiss for Failure to State a Claim by Kimberly A Hively. Filing fee $505.00, receipt number 3012499. (rmc) (Entered: 04/02/2015) |
| 04/02/2015 | 17 | Short Record Sent to US Court of Appeals re 16 Notice of Appeal. Appeal filing fees paid in the amount of $505.00 – Receipt # 3012499. (rmc) (Entered: 04/02/2015) |
| 04/02/2015 | 18 | USCA Case Number 15-1720 for 16 Notice of Appeal filed by Kimberly A Hively. (jld) (Entered: 04/03/2015) |
| 04/21/2015 | 19 | TRANSCRIPT REQUEST by Kimberly A Hively for proceedings re 16 Notice of Appeal. No Request as no transcription of any proceeding occurred before the District Court. (rmn) (Entered: 04/22/2015) |
| 06/15/2015 | 20 | Letter from 7th Circuit Court of Appeals requesting record on appeal. (jld) (Entered: 06/17/2015) |
| 06/17/2015 | 21 | Transmitted Record on Appeal to US Court of Appeals re 16 Notice of Appeal (sent via email) (jld) (Entered: 06/17/2015) |
| 06/19/2015 | 22 | NOTICE of Docketing Record on Appeal from USCA re 16 Notice of Appeal filed by Kimberly A Hively. (rmc) (Entered: 06/23/2015) |
| 04/26/2017 | 23 | MANDATE of USCA as to 16 Notice of Appeal filed by Kimberly A Hively The judgment of the District Court is REVERSED, with costs, and the case is REMANDED for further proceedings consistent with the Opinion. (Attachments: # 1 Certified Final Judgment, # 2 Certified Opinion)(nae) (Entered: 04/28/2017) |
| 05/02/2017 | 24 | ORDER: For the reasons set forth in the Order, the Court TRANSFERS this case to the South Bend Division of the Northern District of Indiana and DIRECTS the Clerk to randomly reassign this case to a United States District Judge in that Division.. Signed by Judge Rudy Lozano on 5/2/17. (cc: Plaintiff)(jss) (Entered: 05/03/2017) |
| 05/03/2017 | Judge Jon E DeGuilio and Magistrate Judge Michael G Gotsch, Sr added. Judge Rudy Lozano and Magistrate Judge Christopher A Nuechterlein no longer assigned to case. (jss) (Entered: 05/03/2017) | |
| 05/10/2017 | 25 | ANSWER to Complaint / Defendant’s Answer to Plaintiff’s Complaint and Affirmative Defenses by Ivy Tech Community College.(Bartrom, Adam) (Entered: 05/10/2017) |
| 05/23/2017 | 26 | ORDER FOR WRITTEN STATUS REPORT: The unrepresented Plaintiff and Defendant ORDERED to separately prepare and file a brief Status Report as outlined in Order by 6/23/2017. After the parties file their Status Reports as required by this Order, this Court will enter a scheduling order pursuant to Rule 16(b). Signed by Magistrate Judge Michael G Gotsch, Sr on 5/23/17. (Copy mailed to pro se party).(cer) (Entered: 05/23/2017) |
| 05/25/2017 | 27 | STATUS REPORT / Defendant’s Status Report by Ivy Tech Community College. (Bartrom, Adam) (Entered: 05/25/2017) |
| 06/23/2017 | 28 | Plaintiff’s STATUS REPORT by Kimberly A Hively. (nae) (Entered: 06/23/2017) |
| 06/28/2017 | 29 | SCHEDULING ORDER:Parties shall exchange mandatory disclosures by 7/26/2017. Any amendments to the pleadings or joinder of parties to be filed by 7/26/2017. Plaintiff expert witness disclosures and reports to be delivered to the defendant by 10/27/2017. Defendant expert witness disclosures and reports to be delivered to the plaintiff by 11/27/2017. Discovery deadline is 1/26/2018. Mediator Selection Deadline is 10/6/2017 with mediation to be conducted by 2/26/2018.. Signed by Magistrate Judge Michael G Gotsch, Sr on 6/28/17. (Copy mailed to pro se party)(jld) (Entered: 06/28/2017) |
| 07/26/2017 | 30 | Plaintiff’s Unopposed Motion for an Extension of Time by Plaintiff Kimberly A Hively. (rmc) (Entered: 07/27/2017) |
| 07/28/2017 | 31 | ORDER: The Court GRANTS Plaintiff’s 30 Motion. The deadline for the parties to exchange mandatory disclosures is EXTENDED until 8/25/2017. In addition, the deadline for amendments to the pleadings or joinder of parties without leave of court is EXTENDED until 8/25/2017. Signed by Magistrate Judge Michael G Gotsch, Sr on 7/28/2017. (Copy mailed to pro se party)(jss) (Entered: 07/28/2017) |
| 08/02/2017 | 32 | DISCOVERY / Ivy Tech’s First Set of Discovery to Plaintiff by Ivy Tech Community College.(Bartrom, Adam) (Entered: 08/02/2017) |
| 08/09/2017 | 33 | Application for Attorney Raisa Ahmad to Appear Pro Hac Vice on behalf of Kimberly Hively. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3323395(Pro Hac Vice Temporary login, ) (Entered: 08/09/2017) |
| 08/09/2017 | 34 | Application for Attorney Karrie Wheatley to Appear Pro Hac Vice on behalf of Kimberly Hively. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3323431(Pro Hac Vice Temporary login, ) (Entered: 08/09/2017) |
| 08/10/2017 | 35 | ORDER granting 33 Application to Appear Pro Hac Vice of Attorney Raisa N Ahmad PHV for Kimberly A Hively. Signed by Magistrate Judge Michael G Gotsch, Sr on 8/10/17. (mtr) (Entered: 08/10/2017) |
| 08/10/2017 | 36 | ORDER granting 34 Application to Appear Pro Hac Vice of Attorney Karrie E Wheatley PHV for Kimberly A Hively. Signed by Magistrate Judge Michael G Gotsch, Sr on 8/10/17. (mtr) (Entered: 08/10/2017) |
| 08/25/2017 | 37 | AMENDED COMPLAINT against Ivy Tech Community College, filed by Kimberly A Hively.(Ahmad PHV, Raisa) (Entered: 08/25/2017) |
| 09/08/2017 | 38 | ANSWER to 37 Amended Complaint by Ivy Tech Community College.(Bartrom, Adam) (Entered: 09/08/2017) |
| 09/08/2017 | 39 | Application for Attorney Danielle J. Healey to Appear Pro Hac Vice on behalf of Kimberly A. Hively. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3351811(Pro Hac Vice Temporary login, ) (Main Document 39 replaced on 9/11/2017) (mtr). (Additional attachment(s) added on 9/25/2017: # 1 SCOTUS Certificate) (mtr). (Entered: 09/08/2017) |
| 09/15/2017 | 40 | Joint MOTION for Protective Order (Joint Motion for Entry of Stipulated Protective Order) by Plaintiff Kimberly A Hively. (Attachments: # 1 Exhibit A – Protective Order)(Wheatley PHV, Karrie) (Entered: 09/15/2017) |
| 09/20/2017 | 41 | JOINT STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Michael G Gotsch, Sr on 9/20/2017. (jss) (Entered: 09/20/2017) |
| 09/27/2017 | 42 | ORDER granting 39 Application to Appear Pro Hac Vice of Attorney Danielle J Healey PHV for Kimberly A Hively. Signed by Magistrate Judge Michael G Gotsch, Sr on 9/27/17. (mtr) (Entered: 09/27/2017) |
| 10/02/2017 | 43 | MOTION to Modify the Scheduling Order by Plaintiff Kimberly A Hively. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Wheatley PHV, Karrie) (Entered: 10/02/2017) |
| 10/03/2017 | 44 | ORDER: The Court now GRANTS 43 Motion to Modify the Scheduling Order. The deadlines for the parties are EXTENDED as follows: Parties will name the mediator they have agreed upon by 11/17/2017; Plaintiff shall file and serve any expert reports by 12/8/2017; Defendant shall file and serve any expert reports by 1/8/2018; close of discovery is 3/9/2018; and Parties will conduct mediation no later than 4/9/2018. Signed by Magistrate Judge Michael G Gotsch, Sr on 10/3/2017. (jss) (Entered: 10/03/2017) |
| 10/23/2017 | 45 | NOTICE by Ivy Tech Community College / Notice of Automatic Initial 28-Day Extension of Time for Defendant Ivy Tech Community College to Respond to Plaintiff’s Requests for Production and Interrogatories (Bartrom, Adam) (Entered: 10/23/2017) |
| 10/24/2017 | 46 | MOTION for Extension of Time to Complete Discovery by Plaintiff Kimberly A Hively. (Attachments: # 1 Exhibit (Proposed Order))(Ahmad PHV, Raisa) (Entered: 10/24/2017) |
| 10/25/2017 | 47 | ORDER granting 46 Motion for Extension of Time to Complete Discovery. Plaintiff expert witness disclosures and reports to be delivered to the defendant by 12/22/2017.Approved by Magistrate Judge Michael G Gotsch, Sr on 10/25/17. (slm) (Entered: 10/25/2017) |
| 11/17/2017 | 48 | NOTICE by Ivy Tech Community College / Notice of Mediator Selection (Bartrom, Adam) (Entered: 11/17/2017) |
| 12/20/2017 | 49 | Joint MOTION for Extension of Time to Complete Discovery and Expert Reports by Plaintiff Kimberly A Hively. (Attachments: # 1 Exhibit A)(Wheatley PHV, Karrie) Modified on 12/21/2017 (sct). (Entered: 12/20/2017) |
| 12/21/2017 | 50 | ORDER GRANTING re 49 Joint MOTION for Extension of Time to Complete Discovery and Expert Reports filed by Kimberly A Hively. The deadlines for the parties are EXTENDED as follows: Plaintiff shall file and serve any expert reports by 02/22/2018, defendant shall file and serve any expert reports by 03/22/2018, close of discovery is 05/09/2018 and parties will conduct mediation no later than 06/09/2018. Signed by Magistrate Judge Michael G Gotsch, Sr on 12/21/2017. (sct) (Entered: 12/21/2017) |
| 01/16/2018 | 51 | NOTICE of Appearance by Daniel H Pfeifer on behalf of Kimberly A Hively (Pfeifer, Daniel) (Entered: 01/16/2018) |
| 01/22/2018 | 52 | MOTION to Amend/Correct 37 Amended Complaint by Plaintiff Kimberly A Hively. (Attachments: # 1 Appendix Amended Complaint, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit Proposed Order)(Ahmad PHV, Raisa) (Entered: 01/22/2018) |
| 02/05/2018 | 53 | RESPONSE to Motion re 52 MOTION to Amend/Correct 37 Amended Complaint Defendant’s Response in Opposition to Plaintiff’s Motion for Leave to Amend the Complaint filed by Ivy Tech Community College. (Attachments: # 1 Exhibit A – E)(Bartrom, Adam) (Entered: 02/05/2018) |
| 02/05/2018 | 54 | REPLY to Response to Motion re 52 MOTION to Amend/Correct 37 Amended Complaint filed by Kimberly A Hively. (Attachments: # 1 Exhibit E, # 2 Exhibit F, # 3Exhibit G, # 4 Exhibit H)(Wheatley PHV, Karrie) (Entered: 02/12/2018) |
| 02/22/2018 | 55 | MOTION for Extension of Time to File Expert Report Deadline by Plaintiff Kimberly A Hively. (Pfeifer, Daniel) (Entered: 02/22/2018) |
| 03/14/2018 | 56 | ORDER: Plaintiff’s 55 Motion for Partial Extension of Expert Report Deadline is GRANTED. Plaintiff’s expert report deadline is EXTENDED until 3/26/2018, for the limited purpose of providing a report from a healthcare provider on her physical injuries. Signed by Magistrate Judge Michael G Gotsch, Sr on 3/14/2018. (jss) (Entered: 03/14/2018) |
| 03/22/2018 | 57 | Joint MOTION for Extension of Time to File Joint Motion to Extend Deadlines by Defendant Ivy Tech Community College. (Clagg, Jason) (Entered: 03/22/2018) |
| 03/26/2018 | 58 | ORDER: The Court GRANTS the following extensions: 4/9/2018 – Deadline for Plaintiff to file and serve a report from a healthcare provider; 4/23/2018 – Deadline for Defendant to file and serve a report from an economic damages expert; 5/9/2018 – Deadline for Defendant to file and serve a report from a healthcare provider; 6/11/2018 – Close of discovery; and 7/11/2018 – Deadline to conduct mediation. Parties are ADMONISHED that absent extraordinary circumstances, there will be no further extensions. Signed by Magistrate Judge Michael G Gotsch, Sr on 3/26/2018. (jss) (Entered: 03/26/2018) |
| 04/23/2018 | 59 | DISCLOSURE of Fed. R. Civ. P. 26(a)(2) Disclosure of Expert Jack Schwager filed by Ivy Tech Community College.(Bartrom, Adam) (Entered: 04/23/2018) |
| 05/04/2018 | 60 | ORDER: For the reasons stated in the Order, Hively’s proposed amended complaint is not futile, unduly prejudicial, unduly delayed, or presented in bad faith. Therefore, the Court GRANTS Hively’s motion to amend 52 . Hively may separately file her Second Amended Complaint as attached no later than 5/10/2018. Signed by Magistrate Judge Michael G Gotsch, Sr on 5/4/2018. (jss) (Entered: 05/04/2018) |
| 05/08/2018 | 61 | AMENDED COMPLAINT (Plaintiff’s Second Amended Complaint) against Ivy Tech Community College, filed by Kimberly A Hively.(Wheatley PHV, Karrie) (Main Document 61 replaced on 5/9/2018 to correct double banners) (sct). Modified on 5/9/2018 (sct). (Entered: 05/08/2018) |
| 05/22/2018 | 62 | ANSWER to 61 Amended Complaint, / Defendant’s Answer to Plaintiff’s Second Amended Complaint by Ivy Tech Community College.(Bartrom, Adam) (Entered: 05/22/2018) |
| 05/31/2018 | 63 | Joint MOTION for leave by Plaintiff Kimberly A Hively. (Attachments: # 1 Proposed Order)(Pfeifer, Daniel) (Entered: 05/31/2018) |
| 06/01/2018 | 64 | ORDER granting 63 Joint Motion for Leave. The deposition of Beth Green may be taken after the 6/11/18 discovery deadline at a time and place as agreed by both counsel and the witness. Signed by Magistrate Judge Michael G Gotsch, Sr on 6/1/18. (nal) (Entered: 06/01/2018) |
| 07/03/2018 | 65 | NOTICE by Ivy Tech Community College / Defendant Ivy Tech’s Notice to Court of Efforts to Comply with Mediation Deadline and Request for Relief(Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(Bartrom, Adam) (Entered: 07/03/2018) |
| 07/09/2018 | 66 | BRIEF re 65 Notice (Other), Plaintiff’s Response to Defendants Notice. (Attachments: # 1 Exhibit, # 2 Exhibit)(Pfeifer, Daniel) (Entered: 07/09/2018) |
| 07/13/2018 | 67 | ORDER: The Court GRANTS IN PART Defendant’s 65 request. The mediation deadline is EXTENDED until 7/31/2018, and the parties shall use Christopher Nuechterlein as their mediator. Plaintiff is ORDERED to provide available mediation dates to Defendant instanter. The Court DEFERS to the preference of Mediator Nuechterlein as to the timing, scope and format of any settlement demand. The Court ORDERS the parties to file a report of the results of their mediation within 7 days of the mediation or until 8/7/2018, whichever is earlier. The Court ADVISES the parties that failure to complete mediation by 7/31/2018 will likely result in sanctions against both parties. Signed by Magistrate Judge Michael G Gotsch, Sr on 7/13/2018. (jss) (Entered: 07/13/2018) |
| 08/01/2018 | 68 | STATEMENT (Joint Mediation Summary Statement) regarding 67 Order,,, Set Deadlines,,. (Wheatley PHV, Karrie) (Entered: 08/01/2018) |
| 08/02/2018 | 69 | NOTICE of Deadline: Regarding the 68 Statement indicating this case settled through mediation, the dismissal papers are due by 8/23/2018. This is a text-only entry. (saj) (Entered: 08/02/2018) |
| 08/22/2018 | 70 | STIPULATION to Dismiss / Stipulation for Dismissal With Prejudice by Defendant Ivy Tech Community College. (Bartrom, Adam) (Entered: 08/22/2018) |
| 08/23/2018 | CASE DISMISSED WITH PREJUDICE pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure and the parties’ stipulation 70 . (rmc) (Entered: 08/23/2018) |
Last updated 08/30/2018
Reconciled with online docket 08/29/2018