Case details

Court: innd
Docket #: 2:05-cv-00276
Case Name: Sanders v. East Chicago Indiana City of et al
PACER case #: 44204
Date filed: 2005-07-15
Date terminated: 2007-05-21
Assigned to: Chief Judge Philip P Simon
Referred to: Magistrate Judge Paul R Cherry
Case Cause: 42:1983 Civil Rights (Employment Discrimination)
Nature of Suit: 440 Civil Rights: Other
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Mark Sanders
Plaintiff
Michael J Rappa
Johnson & Rappa LLC 250 E 90th Drive Merrillville, IN 46410 219-769-0087 Fax: 219-769-0092 Email: mjr@JohnsonRappa.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Samuel L Cappas
Cappas and Associates 2546 45th Street Highland, IN 46322 219-924-4101 Fax: 219-924-4104 Email: sam@cappaslaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Steven A Johnson
Johnson & Rappa LLC 250 E 90th Drive Merrillville, IN 46410 219-769-0087 Fax: 219-769-0092 Email: saj@JohnsonRappa.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

East Chicago Indiana City of
Defendant
Arthur J Rooney
Seyfarth Shaw LLP - Chi/IL 131 S Dearborn St Suite 2400 Chicago, IL 60603 312-460-5000 Fax: 312-460-7530 Email: arooney@seyfarth.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Charles C Jackson
Morgan Lewis & Bockius LLP - Chi/IL 77 W Wacker Drive Fifth Floor Chicago, IL 60601 312-324-1156 Fax: 312-324-1001 Email: charles.jackson@morganlewis.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ethan G Zelizer
Drinker Biddle & Reath LLC - Chi/IL 191 N Wacker Dr Suite 3700 Chicago, IL 60606 312-569-1000 Fax: 312-569-3340 Email: ethanzelizer@paulhastings.com
TERMINATED: 08/14/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Grady B Murdock , Jr
Littler Mendelson PC - Chi/IL 312 N Clark St Suite 1000 Chicago, IL 60654 312-372-5520 Fax: 312-372-7880 Email: gmurdock@littler.com
TERMINATED: 06/28/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

William Bock , III
Kroger Gardis & Regas LLP 111 Monument Circle Suite 900 Indianapolis, IN 46204-5175 317-692-9000 Fax: 317-264-6832 Email: wb@kgrlaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mary A Smigielski
Sears Holdings Corporation 3333 Beverly Road B6-376A Hoffman Estates, IL 60179 847-286-0196 Fax: 847-286-3389 Email: msmigie@searshc.com
ATTORNEY TO BE NOTICED

Theodore M Becker
Morgan Lewis & Bockius LLP - Chi/IL 77 W Wacker Drive Fifth Floor Chicago, IL 60601 312-324-1000 Fax: 312-324-1001 Email: tbecker@morganlewis.com
ATTORNEY TO BE NOTICED

George Pabey
Defendant
individually and in his official capacity as Mayor of the City of East Chicago
Arthur J Rooney
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Charles C Jackson
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ethan G Zelizer
(See above for address)
TERMINATED: 08/14/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Grady B Murdock , Jr
(See above for address)
TERMINATED: 06/28/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

William Bock , III
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mary A Smigielski
(See above for address)
ATTORNEY TO BE NOTICED

Theodore M Becker
(See above for address)
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2005-07-15 1 0 COMPLAINT with Jury Demand against all defendants (Filing fee $ 250.) Receipt #2205374, filed by Mark Sanders. (Attachments: # 1 Civil Cover Sheet)(knk, ) (Entered: 07/15/2005)
2005-07-15 2 0 Summons Issued as to East Chicago Indiana City of, George Pabey individually and in his official capacity as Maoyr of the City of East Chicago. (knk, ) (Entered: 07/15/2005)
2005-07-15 3 0 NOTICE of Appearance by Samuel L Cappas on behalf of Mark Sanders (knk, ) (Entered: 07/15/2005)
2005-07-15 4 0 NOTICE of Appearance by Steven A Johnson on behalf of Mark Sanders (knk, ) (Entered: 07/15/2005)
2005-07-15 5 0 NOTICE of Appearance by Michael J Rappa on behalf of Mark Sanders (knk, ) (Entered: 07/15/2005)
2005-07-20 6 0 NOTICE of Appearance by Ethan G Zelizer on behalf of all defendants (Zelizer, Ethan) (Entered: 07/20/2005)
2005-07-21 7 0 NOTICE of Appearance by Charles C Jackson on behalf of all defendants (Jackson, Charles) (Entered: 07/21/2005)
2005-07-25 8 0 NOTICE of Hearing: Telephonic Rule 16 Preliminary Pretrial Conference set for 9/8/2005 10:15 AM before Magistrate Judge Paul R Cherry w/the Court initiating the conference. Proposed discovery plan in accordance with FRCP 26(f) due on or before 9/2/05.(smb) (Entered: 07/25/2005)
2005-07-25 9 0 MAGISTRATE CONSENT FORMS sent to all parties (Standard Track). (smb) (Entered: 07/25/2005)
2005-08-02 10 0 NOTICE of Appearance by Grady B Murdock Jr on behalf of all defendants (Murdock Jr, Grady) (Entered: 08/02/2005)
2005-08-09 11 0 ANSWER to Complaint by East Chicago Indiana City of, George Pabey.(Zelizer, Ethan) (Entered: 08/09/2005)
2005-09-01 12 0 REPORT of Rule 26(f) Planning Meeting. (Zelizer, Ethan) (Entered: 09/01/2005)
2005-09-01 13 0 REPORT of Rule 26(f) Planning Meeting. (Zelizer, Ethan) (Entered: 09/01/2005)
2005-09-07 14 0 NOTICE OF ENDORSEMENT of 12 Report of Rule 26(f) Planning Meeting by Mark Sanders (Rappa, Michael) (Entered: 09/07/2005)
2005-09-08 15 0 RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 9/8/2005 before Magistrate Judge Paul Cherry. Participants: S Cappas, J Monberg subsit for M Rappa, Ethan Zelizer, G Murdock Jr. Report of Parties' Planning Meeting 13 approved as modified. Initial Disclosures to be exchanged by 9/30/2005. Any amendments to the pleadings to be filed by 12/2/2005. Plaintiff expert witness disclosures and reports to be delivered to the defendant by 3/1/2006. Defendant expert witness disclosures and reports to be delivered to the plaintiff by 4/3/2006. Discovery deadline is 4/3/2006. Dispositive motions to be filed by 5/1/2006, Daubert motions to be filed by 5/1/2006. Parties to wish to explore option of consent to Magistrate Judge. Telephonic Scheduling Conference set for 10/13/2005 02:00 PM before Magistrate Judge Paul R Cherry to set trial and related dates on appropriate judicial calendar. Court to initiate conference. Consent form available from electronic docket-DE 9 .(#Digitally Recorded.) (smb) (Entered: 09/13/2005)
2005-09-30 16 0 DISCLOSURE of Plaintiff Rule 26 (a) initial disclosures filed by Mark Sanders.(Rappa, Michael) (Entered: 09/30/2005)
2005-10-13 17 0 Scheduling Conference held on 10/13/2005 before Magistrate Judge Paul Cherry. Participants: M Rappa, S Cappas, E Zelizer. Mediator Selection/Status Report Deadline is 3/15/2006. Jury Trial (3/4 days) set for 2/26/2007 08:30 AM in Hammond before Judge Philip P Simon. Final Pretrial Conference/Settlement Conference set for 1/17/2007 10:00 AM in Hammond before Judge Philip P Simon. All parties, trial counsel, and representatives with settlement authority ordered to be present. Trial Management Conference set for 2/15/2007 10:00 AM in Hammond before Judge Philip P Simon. Parties to exch wit-exhib lists, contentions, stipulations for inclusion in PTO by 1/2/07. Trial Management Order attached. (#Digitally Recorded.) (smb) (Entered: 10/20/2005)
2006-02-28 18 0 Endorsed MOTION to reset Scheduling Order by East Chicago Indiana City of, George Pabey. (Zelizer, Ethan) (Entered: 02/28/2006)
2006-03-01 19 0 NOTICE OF ENDORSEMENT of 18 Endorsed MOTION to reset Scheduling Order by Mark Sanders (Rappa, Michael) (Entered: 03/01/2006)
2006-03-01 20 0 NOTICE of Hearing on Motion 18 Endorsed MOTION to reset Scheduling Order:Telephonic Motion Hearing set for 3/15/2006 10:00 AM before Magistrate Judge Paul R Cherry w/the Court initiating the conference. Any change in telephone number may be reported to the Courtroom Deputy Clerk sue_brown@innd.uscourts.gov at least 24 hours in advance of the conference.(smb) (Entered: 03/01/2006)
2006-03-06 21 0 NOTICE of Appearance by Mary A Smigielski on behalf of all defendants (Smigielski, Mary) (Entered: 03/06/2006)
2006-03-15 22 0 MOTION HEARING held on 3/15/2006 re 18 MOTION to reset Scheduling Order filed by East Chicago Indiana City et al before Judge Paul R. Cherry. Plaintiff appeared by attorney M Rappa. Defendants appeared by attorneys E Zelizer, M Smigielski. Comments present. Proposed schedule approved-motion granted. Scheduling Order entered 17 is VACATED. REVISED SCHEDULING ORDER: Any amendments to the pleadings to be filed by 3/30/2006. Discovery deadline is 9/29/2006. Defendant expert witness disclosures and reports to be delivered to the plaintiff by 7/31/2006. Plaintiff expert witness disclosures and reports to be delivered to the defendant by 6/20/2006. Dispositive motions to be filed by 10/31/2006, Daubert motions to be filed by 10/31/2006, Jury Trial (3/4 day) set for 6/18/2007 08:30 AM in Hammond before Judge Philip P Simon. Final Pretrial Conference set for 5/16/2007 10:00 AM in Hammond before Judge Philip P Simon. Settlement Conference set for 5/16/2007 10:00 AM in Hammond before Judge Philip P Simon. All parties, lead trial counsel, and rep(s) with settlement authority Ordered to be present for Settlement Conference. Trial Management Conference set for 6/14/2007 10:00 AM in Hammond before Judge Philip P Simon. Motion terminated: 18 MOTION to reset Scheduling Order filed by East Chicago Indiana City et al. Trial Management Order attached. (#Digitally Recorded.) (smb) (Entered: 03/16/2006)
2006-05-10 23 0 MOTION for Leave to File Amended Answer by East Chicago Indiana City of, George Pabey. (Attachments: # 1 Exhibit A# 2 Exhibit Group Exhibit 1)(Zelizer, Ethan) (Entered: 05/10/2006)
2006-05-11 24 0 NOTICE of Appearance by Arthur J Rooney on behalf of East Chicago Indiana City of, George Pabey (Rooney, Arthur) (Entered: 05/11/2006)
2006-05-30 25 0 ORDER granting 23 Motion for Leave to File Amended Answer.Amended Answer to be filed by 6/6/2006. Signed by Judge Paul R Cherry on 5/30/06. (mlc, ) (Entered: 05/31/2006)
2006-06-02 26 0 NOTICE of Appearance by Theodore M Becker on behalf of East Chicago Indiana City of, George Pabey (Becker, Theodore) (Entered: 06/02/2006)
2006-06-06 27 0 AMENDED ANSWER to 1 Complaint by East Chicago Indiana City of, George Pabey. (Rooney, Arthur) (Entered: 06/06/2006)
2006-06-23 28 0 MOTION to Withdraw Appearance of Grady B. Murdock by East Chicago Indiana City of, George Pabey. (Jackson, Charles) (Entered: 06/23/2006)
2006-06-28 29 0 ORDER granting 28 Motion to Withdraw appearance of Grady B Murdock on behalf of defendants. Signed by Judge Paul R Cherry on 6/28/06. (mlc, ) (Entered: 06/28/2006)
2006-08-10 30 0 MOTION to Withdraw the Appearance of Ethan G. Zelizer by East Chicago Indiana City of, George Pabey. (Jackson, Charles) (Entered: 08/10/2006)
2006-08-14 31 0 ORDER granting 30 Motion to Withdraw Appearance of Attorney Ethan G Zeilzer. Signed by Judge Paul R Cherry on 8/14/06. (mlc, ) (Entered: 08/14/2006)
2006-10-31 32 0 MOTION for Summary Judgment by East Chicago Indiana City of, George Pabey. (Rooney, Arthur) (Entered: 10/31/2006)
2006-10-31 33 0 MEMORANDUM in Support of 32 MOTION for Summary Judgment filed by East Chicago Indiana City of, George Pabey. (Rooney, Arthur) (Entered: 10/31/2006)
2006-10-31 34 0 STATEMENT Of Material Facts As To Which There Is No Genuine Issue re 33 Memorandum in Support filed by East Chicago Indiana City of, George Pabey. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Exhibit Exhibit C# 4 Exhibit Exhibit D# 5 Exhibit Exhibit E# 6 Exhibit Exhibit F# 7 Exhibit Exhibit G# 8 Exhibit Exhibit H# 9 Exhibit Exhibit I# 10 Exhibit Exhibit J# 11 Exhibit Exhibit K)(Rooney, Arthur) (Entered: 10/31/2006)
2006-11-30 35 0 BRIEF in Opposition to 32 MOTION for Summary Judgment filed by Mark Sanders. (Rappa, Michael) (Entered: 11/30/2006)
2006-11-30 36 0 APPENDIX to 35 Brief in Opposition to Defendants Motion for Summary Judgment by Mark Sanders. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit)(Rappa, Michael) (Entered: 11/30/2006)
2007-01-12 37 0 REPLY to Response to Motion re 32 MOTION for Summary Judgment filed by East Chicago Indiana City of, George Pabey. (Rooney, Arthur) (Entered: 01/12/2007)
2007-04-25 38 0 MOTION to Vacate PRETRIAL AND TRIAL DATES by Defendants East Chicago Indiana City of, George Pabey. (Rooney, Arthur) (Entered: 04/25/2007)
2007-05-01 39 0 ORDER granting 38 Motion to Vacate Pretrial and Trial Dates. The Court vacates the Final Pre-Trial Conference, Settlement Conference, and Jury Trial dates. Signed by Judge Paul R Cherry on 5/1/07. (csi) (Entered: 05/02/2007)
2007-05-21 40 0 OPINION AND ORDER, the defendants' Motion for Summary Judgment is GRANTED with respect to plaintiff's First Amendment and Fourteenth Amendment claims. Plaintiff's state law claim is DISMISSED without prejudice. ***Civil Case Terminated. Signed by Judge Philip P Simon on 5/21/07. (mlc) (Entered: 05/22/2007)
2007-05-22 41 0 CLERK'S ENTRY OF JUDGMENT. (mlc) (Entered: 05/22/2007)
2007-06-04 42 0 BILL OF COSTS by East Chicago Indiana City of, George Pabey. (Attachments: # 1 Memorandum# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4)(Rooney, Arthur) (Entered: 06/04/2007)
2007-06-05 43 0 MEMORANDUM OF LAW re 42 Bill of Costs. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(Rooney, Arthur) (Entered: 06/05/2007)
2007-07-23 44 0 OPINION AND ORDER. For the foregoing reasons, Defendants' Bill of Costs [DE 42] is GRANTED. Defendants are awarded costs of $1,720.32. Signed by Judge Philip P Simon on 7/23/07. (csi) (Entered: 07/24/2007)
2007-08-14 45 0 NOTICE of Appearance by William Bock, III on behalf of all defendants (Bock, William) (Entered: 08/14/2007)
2007-08-22 46 0 MOTION for Reconsideration re 44 Memorandum & Opinion, 43 Memorandum of Law (Other), 42 Bill of Costs by Plaintiff Mark Sanders. (Rappa, Michael) (Entered: 08/22/2007)
2007-08-22 47 0 PDF DOES NOT CONTAIN A SIGNATURE, SEE ENTRY 48 FOR CORRECTION MEMORANDUM in Support of 46 MOTION for Reconsideration re 44 Memorandum & Opinion, 43 Memorandum of Law (Other), 42 Bill of Costs filed by Mark Sanders. (Rappa, Michael) Modified on 8/23/2007 to edit text(mlc). (Entered: 08/22/2007)
2007-08-23 48 0 MEMORANDUM in Support of 46 MOTION for Reconsideration re 44 Memorandum & Opinion, 43 Memorandum of Law (Other), 42 Bill of Costs filed by Mark Sanders. (Rappa, Michael) (Entered: 08/23/2007)
2007-09-05 49 0 RESPONSE in Opposition re 46 MOTION for Reconsideration re 44 Memorandum & Opinion, 43 Memorandum of Law (Other), 42 Bill of Costs filed by East Chicago Indiana City of, George Pabey. (Bock, William) (Entered: 09/05/2007)
2007-11-15 50 0 ORDER granting in part 46 Motion for Reconsideration; The July 23 44 Memorandum & Opinion is hereby modified; granting in part 42 Bill of Costs filed by George Pabey, East Chicago Indiana City of; Defendants are awarded costs of $1,322.82. Signed by Judge Philip P Simon on 11/15/07. (mlc) (Entered: 11/15/2007)