Case details

Court: insd
Docket #: 1:11-cv-00712
Case Name: WHITE v. CLASSIC DINING KENTUCKY AVENUE, INC.
PACER case #: 34463
Date filed: 2011-05-26
Date terminated: 2012-11-05
Assigned to: Judge Jane Magnus-Stinson
Referred to: Magistrate Judge Mark J. Dinsmore
Case Cause: 29:206 Collect Unpaid Wages
Nature of Suit: 710 Labor: Fair Standards
Jury Demand: None
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
NORMA K. WHITE
Plaintiff
and those similarly situated		 
Christopher Kenneth Starkey
One North Pennsylvania Street
Suite 700
Indianapolis, IN 46204
(317) 635-1020
Fax: (317) 635-2692
Email: starkeyck@msn.com
ATTORNEY TO BE NOTICED
CLASSIC DINING KENTUCKY AVENUE, INC.
Defendant
 
Renee L. Koehler
KOEHLER & PASSARELLI, LLC
900 S. Frontage Road
Suite 300
Woodridge, IL 60517
630-505-9939
Fax: 630-505-9969
Email: rkoehler@k-pllc.com
ATTORNEY TO BE NOTICED

Stephanie M.G. Dinkel
KOEHLER & PASSARELLI, LLC
900 S. Frontage Road
Suite 300
Woodridge, IL 60517
630-505-9939
Fax: 630-505-9969
Email: sdinkel@k-pllc.com
ATTORNEY TO BE NOTICED

Steven W. Jados
KOEHLER & PASSARELLI, LLC
900 S. Frontage Road
Suite 300
Woodridge, IL 60517
630-505-9939
Fax: 630-505-9969
Email: sjados@k-pllc.com
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2011-05-26 1 0 COMPLAINT filed by NORMA K. WHITE against CLASSIC DINING ACQUISITION CORP., CLASSIC DINING CASTLETON, INC., CLASSIC DINING CRAWFORDSVILLE, INC., CLASSIC DINING E WASHINGTON ST., INC., CLASSIC DINING GREENWOOD MALL, INC., CLASSIC DINING GROUP, LLC, CLASSIC DINING KENTUCKY AVENUE, INC., CLASSIC DINING KEYSTONE, INC., CLASSIC DINING MANAGEMENT COMPANY, INC., CLASSIC DINING MICHIGAN ROAD, INC., CLASSIC DINING OF BLOOMINGTON, INC., CLASSIC DINING OF COLUMBUS, INC., CLASSIC DINING OF DALEVILLE, LLC, CLASSIC DINING OF FORT WAYNE, INC., CLASSIC DINING OF GREENWOOD, INC., CLASSIC DINING OF KOKOMO, INC., CLASSIC DINING OF LAFAYETTE, INC., CLASSIC DINING OF LEBANON, INC., CLASSIC DINING OF MERRILLVILLE, INC., CLASSIC DINING OF NEW CASTLE, INC., CLASSIC DINING OF PLAINFIELD, INC., CLASSIC DINING OF PORTAGE, INC., CLASSIC DINING OF SHELBYVILLE, INC., CLASSIC DINING OF SOUTH BEND, LLC, CLASSIC DINING PENDLETON PIKE, INC., CLASSIC DINING POST ROAD, INC., CLASSIC DINING SOUTH EAST STREET, INC., CLASSIC DINING WEST BRADBURY, INC., and KEN KILBERGER.(DH) (Entered: 05/27/2011) 2013-08-12 14:13:39 42af1886bba70819c43999e0aa716733a5f65b48
2011-05-26 2 0 CIVIL COVER SHEET filed by Plaintiff, NORMA K. WHITE. (DH) (Entered: 05/27/2011)
2011-05-26 3 0 MOTION for Leave to Proceed in forma pauperis filed by Plaintiff, NORMA K. WHITE. (DH) (Entered: 05/27/2011)
2011-05-26 4 0 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DH) (Entered: 05/27/2011)
2011-06-01 5 0 ORDER granting 3 Motion for Leave to Proceed in forma pauperis. Counsel for plaintiff is responsible for serving process on the defendants unless a further specific request is made that court officers effect service of process. Signed by Judge Jane Magnus-Stinson on 6/1/2011. (LBK) (Entered: 06/02/2011)
2011-09-27 6 0 WAIVER OF SERVICE Returned Executed, filed by All Plaintiffs. CLASSIC DINING GROUP, LLC. waiver sent on 8/25/2011. (Starkey, Christopher) Modified on 9/28/2011 (JKS). (Entered: 09/27/2011)
2011-09-27 7 0 WAIVER OF SERVICE Returned Executed, filed by NORMA K. WHITE. CLASSIC DINING ACQUISITION CORP. waiver sent on 8/25/2011. (Starkey, Christopher) Modified on 9/28/2011 (JKS). (Entered: 09/27/2011)
2011-09-27 8 0 WAIVER OF SERVICE Returned Executed, filed by NORMA K. WHITE. CLASSIC DINING CASTLETON, INC. waiver sent on 8/25/2011. (Starkey, Christopher) (Entered: 09/27/2011)
2011-09-27 9 0 WAIVER OF SERVICE Returned Executed, filed by NORMA K. WHITE. CLASSIC DINING CRAWFORDSVILLE, INC. waiver sent on 8/25/2011. (Starkey, Christopher) (Entered: 09/27/2011)
2011-09-27 10 0 WAIVER OF SERVICE Returned Executed, filed by NORMA K. WHITE. CLASSIC DINING E WASHINGTON ST., INC. waiver sent on 8/25/2011. (Starkey, Christopher) (Entered: 09/27/2011)
2011-09-27 11 0 WAIVER OF SERVICE Returned Executed, filed by NORMA K. WHITE. CLASSIC DINING GREENWOOD MALL, INC. waiver sent on 8/25/2011. (Starkey, Christopher) (Entered: 09/27/2011)
2011-09-27 12 0 WAIVER OF SERVICE Returned Executed, filed by NORMA K. WHITE. CLASSIC DINING GROUP, LLC waiver sent on 8/25/2011. (Starkey, Christopher) (Entered: 09/27/2011)
2011-09-27 13 0 WAIVER OF SERVICE Returned Executed, filed by NORMA K. WHITE. CLASSIC DINING KENTUCKY AVENUE, INC. waiver sent on 8/25/2011. (Starkey, Christopher) (Entered: 09/27/2011)
2011-09-27 14 0 WAIVER OF SERVICE Returned Executed, filed by NORMA K. WHITE. CLASSIC DINING KEYSTONE, INC. waiver sent on 8/25/2011. (Starkey, Christopher) (Entered: 09/27/2011)
2011-09-27 15 0 WAIVER OF SERVICE Returned Executed, filed by NORMA K. WHITE. CLASSIC DINING MICHIGAN ROAD, INC. waiver sent on 8/25/2011. (Starkey, Christopher) (Entered: 09/27/2011)
2011-09-27 16 0 WAIVER OF SERVICE Returned Executed, filed by NORMA K. WHITE. CLASSIC DINING OF BLOOMINGTON, INC. waiver sent on 8/25/2011. (Starkey, Christopher) (Entered: 09/27/2011)
2011-09-27 17 0 WAIVER OF SERVICE Returned Executed, filed by NORMA K. WHITE. CLASSIC DINING OF DALEVILLE, LLC waiver sent on 8/25/2011. (Starkey, Christopher) (Entered: 09/27/2011)
2011-09-27 18 0 WAIVER OF SERVICE Returned Executed, filed by NORMA K. WHITE. CLASSIC DINING OF FORT WAYNE, INC. waiver sent on 8/25/2011. (Starkey, Christopher) (Entered: 09/27/2011)
2011-09-27 19 0 WAIVER OF SERVICE Returned Executed, filed by NORMA K. WHITE. CLASSIC DINING OF KOKOMO, INC. waiver sent on 8/25/2011. (Starkey, Christopher) (Entered: 09/27/2011)
2011-09-27 20 0 WAIVER OF SERVICE Returned Executed, filed by NORMA K. WHITE. CLASSIC DINING OF LAFAYETTE, INC. waiver sent on 8/25/2011. (Starkey, Christopher) (Entered: 09/27/2011)
2011-09-27 21 0 WAIVER OF SERVICE Returned Executed, filed by NORMA K. WHITE. CLASSIC DINING OF LEBANON, INC. waiver sent on 8/25/2011. (Starkey, Christopher) (Entered: 09/27/2011)
2011-09-27 22 0 WAIVER OF SERVICE Returned Executed, filed by NORMA K. WHITE. CLASSIC DINING OF MERRILLVILLE, INC. waiver sent on 8/25/2011. (Starkey, Christopher) (Entered: 09/27/2011)
2011-09-27 23 0 WAIVER OF SERVICE Returned Executed, filed by NORMA K. WHITE. CLASSIC DINING OF NEW CASTLE, INC. waiver sent on 8/25/2011. (Starkey, Christopher) (Entered: 09/27/2011)
2011-09-27 24 0 WAIVER OF SERVICE Returned Executed, filed by NORMA K. WHITE. CLASSIC DINING OF PLAINFIELD, INC. waiver sent on 8/25/2011. (Starkey, Christopher) (Entered: 09/27/2011)
2011-09-27 25 0 WAIVER OF SERVICE Returned Executed, filed by NORMA K. WHITE. CLASSIC DINING OF SOUTH BEND, LLC waiver sent on 8/25/2011. (Starkey, Christopher) (Entered: 09/27/2011)
2011-09-27 26 0 WAIVER OF SERVICE Returned Executed, filed by NORMA K. WHITE. CLASSIC DINING PENDLETON PIKE, INC. waiver sent on 8/25/2011. (Starkey, Christopher) (Entered: 09/27/2011)
2011-09-27 27 0 WAIVER OF SERVICE Returned Executed, filed by NORMA K. WHITE. CLASSIC DINING POST ROAD, INC. waiver sent on 8/25/2011. (Starkey, Christopher) (Entered: 09/27/2011)
2011-09-27 28 0 WAIVER OF SERVICE Returned Executed, filed by NORMA K. WHITE. CLASSIC DINING SOUTH EAST STREET, INC. waiver sent on 8/25/2011. (Starkey, Christopher) (Entered: 09/27/2011)
2011-09-27 29 0 WAIVER OF SERVICE Returned Executed, filed by NORMA K. WHITE. CLASSIC DINING WEST BRADBURY, INC. waiver sent on 8/25/2011. (Starkey, Christopher) (Entered: 09/27/2011)
2011-10-13 30 0 NOTICE of Appearance by Renee L. Koehler on behalf of Defendants CLASSIC DINING ACQUISITION CORP., CLASSIC DINING CASTLETON, INC., CLASSIC DINING CRAWFORDSVILLE, INC., CLASSIC DINING E WASHINGTON ST., INC., CLASSIC DINING GREENWOOD MALL, INC., CLASSIC DINING GROUP, LLC, CLASSIC DINING KENTUCKY AVENUE, INC., CLASSIC DINING KEYSTONE, INC., CLASSIC DINING MANAGEMENT COMPANY, INC., CLASSIC DINING MICHIGAN ROAD, INC., CLASSIC DINING OF BLOOMINGTON, INC., CLASSIC DINING OF DALEVILLE, LLC, CLASSIC DINING OF FORT WAYNE, INC., CLASSIC DINING OF KOKOMO, INC., CLASSIC DINING OF LAFAYETTE, INC., CLASSIC DINING OF LEBANON, INC., CLASSIC DINING OF MERRILLVILLE, INC., CLASSIC DINING OF NEW CASTLE, INC., CLASSIC DINING OF PLAINFIELD, INC., CLASSIC DINING OF SOUTH BEND, LLC, CLASSIC DINING PENDLETON PIKE, INC., CLASSIC DINING POST ROAD, INC., CLASSIC DINING SOUTH EAST STREET, INC., CLASSIC DINING WEST BRADBURY, INC.. (Koehler, Renee) (Entered: 10/13/2011)
2011-10-13 31 0 NOTICE of Appearance by Stephanie M.G. Dinkel on behalf of Defendants CLASSIC DINING ACQUISITION CORP., CLASSIC DINING CASTLETON, INC., CLASSIC DINING CRAWFORDSVILLE, INC., CLASSIC DINING E WASHINGTON ST., INC., CLASSIC DINING GREENWOOD MALL, INC., CLASSIC DINING GROUP, LLC, CLASSIC DINING KENTUCKY AVENUE, INC., CLASSIC DINING KEYSTONE, INC., CLASSIC DINING MANAGEMENT COMPANY, INC., CLASSIC DINING MICHIGAN ROAD, INC., CLASSIC DINING OF BLOOMINGTON, INC., CLASSIC DINING OF DALEVILLE, LLC, CLASSIC DINING OF FORT WAYNE, INC., CLASSIC DINING OF KOKOMO, INC., CLASSIC DINING OF LAFAYETTE, INC., CLASSIC DINING OF LEBANON, INC., CLASSIC DINING OF MERRILLVILLE, INC., CLASSIC DINING OF NEW CASTLE, INC., CLASSIC DINING OF PLAINFIELD, INC., CLASSIC DINING OF SOUTH BEND, LLC, CLASSIC DINING PENDLETON PIKE, INC., CLASSIC DINING POST ROAD, INC., CLASSIC DINING SOUTH EAST STREET, INC., CLASSIC DINING WEST BRADBURY, INC.. (Dinkel, Stephanie) (Entered: 10/13/2011)
2011-10-17 32 0 SCHEDULING ENTRY: Initial Pretrial Conference set for 12/5/2011 04:20 PM in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore. The parties shall file a proposed Case Management Plan ("CMP") no fewer than seven days before the pretrial conference (see Entry for additional information). Signed by Magistrate Judge Mark J. Dinsmore on 10/17/2011.(SWM) (Entered: 10/17/2011)
2011-10-21 33 0 MOTION to Dismiss Pursuant to FRCP 12(b)(1) and 12(b)(6), filed by Defendants CLASSIC DINING ACQUISITION CORP., CLASSIC DINING CASTLETON, INC., CLASSIC DINING CRAWFORDSVILLE, INC., CLASSIC DINING E WASHINGTON ST., INC., CLASSIC DINING GREENWOOD MALL, INC., CLASSIC DINING GROUP, LLC, CLASSIC DINING KENTUCKY AVENUE, INC., CLASSIC DINING KEYSTONE, INC., CLASSIC DINING MANAGEMENT COMPANY, INC., CLASSIC DINING MICHIGAN ROAD, INC., CLASSIC DINING OF BLOOMINGTON, INC., CLASSIC DINING OF DALEVILLE, LLC, CLASSIC DINING OF FORT WAYNE, INC., CLASSIC DINING OF KOKOMO, INC., CLASSIC DINING OF LAFAYETTE, INC., CLASSIC DINING OF LEBANON, INC., CLASSIC DINING OF MERRILLVILLE, INC., CLASSIC DINING OF NEW CASTLE, INC., CLASSIC DINING OF PLAINFIELD, INC., CLASSIC DINING OF SOUTH BEND, LLC, CLASSIC DINING PENDLETON PIKE, INC., CLASSIC DINING POST ROAD, INC., CLASSIC DINING SOUTH EAST STREET, INC., CLASSIC DINING WEST BRADBURY, INC.. (Koehler, Renee) (Entered: 10/21/2011)
2011-10-21 34 0 BRIEF/MEMORANDUM in Support re 33 MOTION to Dismiss Pursuant to FRCP 12(b)(1) and 12(b)(6), filed by Defendants CLASSIC DINING ACQUISITION CORP., CLASSIC DINING CASTLETON, INC., CLASSIC DINING CRAWFORDSVILLE, INC., CLASSIC DINING E WASHINGTON ST., INC., CLASSIC DINING GREENWOOD MALL, INC., CLASSIC DINING GROUP, LLC, CLASSIC DINING KENTUCKY AVENUE, INC., CLASSIC DINING KEYSTONE, INC., CLASSIC DINING MANAGEMENT COMPANY, INC., CLASSIC DINING MICHIGAN ROAD, INC., CLASSIC DINING OF BLOOMINGTON, INC., CLASSIC DINING OF DALEVILLE, LLC, CLASSIC DINING OF FORT WAYNE, INC., CLASSIC DINING OF KOKOMO, INC., CLASSIC DINING OF LAFAYETTE, INC., CLASSIC DINING OF LEBANON, INC., CLASSIC DINING OF MERRILLVILLE, INC., CLASSIC DINING OF NEW CASTLE, INC., CLASSIC DINING OF PLAINFIELD, INC., CLASSIC DINING OF SOUTH BEND, LLC, CLASSIC DINING PENDLETON PIKE, INC., CLASSIC DINING POST ROAD, INC., CLASSIC DINING SOUTH EAST STREET, INC., CLASSIC DINING WEST BRADBURY, INC.. (Koehler, Renee) (Entered: 10/21/2011)
2011-11-01 35 0 NOTICE of Appearance by Steven W. Jados on behalf of Defendants CLASSIC DINING ACQUISITION CORP., CLASSIC DINING CASTLETON, INC., CLASSIC DINING CRAWFORDSVILLE, INC., CLASSIC DINING E WASHINGTON ST., INC., CLASSIC DINING GREENWOOD MALL, INC., CLASSIC DINING GROUP, LLC, CLASSIC DINING KENTUCKY AVENUE, INC., CLASSIC DINING KEYSTONE, INC., CLASSIC DINING MANAGEMENT COMPANY, INC., CLASSIC DINING MICHIGAN ROAD, INC., CLASSIC DINING OF BLOOMINGTON, INC., CLASSIC DINING OF DALEVILLE, LLC, CLASSIC DINING OF FORT WAYNE, INC., CLASSIC DINING OF KOKOMO, INC., CLASSIC DINING OF LAFAYETTE, INC., CLASSIC DINING OF LEBANON, INC., CLASSIC DINING OF MERRILLVILLE, INC., CLASSIC DINING OF NEW CASTLE, INC., CLASSIC DINING OF PLAINFIELD, INC., CLASSIC DINING OF SOUTH BEND, LLC, CLASSIC DINING PENDLETON PIKE, INC., CLASSIC DINING POST ROAD, INC., CLASSIC DINING SOUTH EAST STREET, INC., CLASSIC DINING WEST BRADBURY, INC.. (Jados, Steven) (Entered: 11/01/2011)
2011-11-07 36 0 MOTION for Extension of Time to 11/14/2011 to file response to 33 MOTION to Dismiss Pursuant to FRCP 12(b)(1) and 12(b)(6), filed by Plaintiff NORMA K. WHITE. (Attachments: # 1 Text of Proposed Order)(Starkey, Christopher) (Entered: 11/07/2011)
2011-11-08 37 0 ORDER granting 36 Plaintiff's Motion for Extension of Time to File Response - Plaintiff is hereby granted until November 14, 2011 to file its response to most defendants' 33 motion to dismiss filed October 21, 2011. Signed by Judge Jane Magnus-Stinson on 11/8/2011. (JKS) (Entered: 11/08/2011)
2011-11-14 38 0 RESPONSE in Opposition re 33 MOTION to Dismiss Pursuant to FRCP 12(b)(1) and 12(b)(6), filed by Plaintiff NORMA K. WHITE. (Starkey, Christopher) (Entered: 11/14/2011)
2011-11-18 39 0 Summons Issued as to CLASSIC DINING GROUP, LLC, CLASSIC DINING OF COLUMBUS, INC., CLASSIC DINING OF GREENWOOD, INC., CLASSIC DINING OF PORTAGE, INC., CLASSIC DINING OF SHELBYVILLE, INC., KEN KILBERGER. (JKS) (Entered: 11/21/2011)
2011-11-23 40 0 REPLY in Support of Motion re 33 MOTION to Dismiss Pursuant to FRCP 12(b)(1) and 12(b)(6), filed by Defendants CLASSIC DINING ACQUISITION CORP., CLASSIC DINING CASTLETON, INC., CLASSIC DINING CRAWFORDSVILLE, INC., CLASSIC DINING E WASHINGTON ST., INC., CLASSIC DINING GREENWOOD MALL, INC., CLASSIC DINING GROUP, LLC, CLASSIC DINING KENTUCKY AVENUE, INC., CLASSIC DINING KEYSTONE, INC., CLASSIC DINING MANAGEMENT COMPANY, INC., CLASSIC DINING MICHIGAN ROAD, INC., CLASSIC DINING OF BLOOMINGTON, INC., CLASSIC DINING OF DALEVILLE, LLC, CLASSIC DINING OF FORT WAYNE, INC., CLASSIC DINING OF KOKOMO, INC., CLASSIC DINING OF LAFAYETTE, INC., CLASSIC DINING OF LEBANON, INC., CLASSIC DINING OF MERRILLVILLE, INC., CLASSIC DINING OF NEW CASTLE, INC., CLASSIC DINING OF PLAINFIELD, INC., CLASSIC DINING OF SOUTH BEND, LLC, CLASSIC DINING PENDLETON PIKE, INC., CLASSIC DINING POST ROAD, INC., CLASSIC DINING SOUTH EAST STREET, INC., CLASSIC DINING WEST BRADBURY, INC.. (Koehler, Renee) (Entered: 11/23/2011)
2011-11-28 41 0 CASE MANAGEMENT PLAN TENDERED, filed by Defendants CLASSIC DINING ACQUISITION CORP., CLASSIC DINING CASTLETON, INC., CLASSIC DINING CRAWFORDSVILLE, INC., CLASSIC DINING E WASHINGTON ST., INC., CLASSIC DINING GREENWOOD MALL, INC., CLASSIC DINING GROUP, LLC, CLASSIC DINING KENTUCKY AVENUE, INC., CLASSIC DINING KEYSTONE, INC., CLASSIC DINING MANAGEMENT COMPANY, INC., CLASSIC DINING MICHIGAN ROAD, INC., CLASSIC DINING OF BLOOMINGTON, INC., CLASSIC DINING OF DALEVILLE, LLC, CLASSIC DINING OF FORT WAYNE, INC., CLASSIC DINING OF KOKOMO, INC., CLASSIC DINING OF LAFAYETTE, INC., CLASSIC DINING OF LEBANON, INC., CLASSIC DINING OF MERRILLVILLE, INC., CLASSIC DINING OF NEW CASTLE, INC., CLASSIC DINING OF PLAINFIELD, INC., CLASSIC DINING OF SOUTH BEND, LLC, CLASSIC DINING PENDLETON PIKE, INC., CLASSIC DINING POST ROAD, INC., CLASSIC DINING SOUTH EAST STREET, INC., CLASSIC DINING WEST BRADBURY, INC., Plaintiff NORMA K. WHITE. (Koehler, Renee) (Entered: 11/28/2011)
2011-12-06 42 0 SCHEDULING ORDER: The Initial Pretrial Conference scheduled for Monday, December 5, 2011 at 4:20 p.m. is being continued to Friday, January 6, 2012 at 9:00 a.m., in Room 257,United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana, before Magistrate Judge Mark J. Dinsmore. All other requirements of the Minute Entry dated 10/17/2011 (Dkt. 32) are still in order and effect. Signed by Magistrate Judge Mark J. Dinsmore on 12/6/2011.(SWM) (Entered: 12/07/2011)
2011-12-13 43 0 NOTICE of Appearance by Renee L. Koehler on behalf of Defendants CLASSIC DINING OF COLUMBUS, INC., CLASSIC DINING OF GREENWOOD, INC., CLASSIC DINING OF PORTAGE, INC., CLASSIC DINING OF SHELBYVILLE, INC., KEN KILBERGER. (Koehler, Renee) (Entered: 12/13/2011)
2011-12-13 44 0 NOTICE of Appearance by Stephanie M.G. Dinkel on behalf of Defendants CLASSIC DINING OF COLUMBUS, INC., CLASSIC DINING OF GREENWOOD, INC., CLASSIC DINING OF PORTAGE, INC., CLASSIC DINING OF SHELBYVILLE, INC., KEN KILBERGER. (Dinkel, Stephanie) (Entered: 12/13/2011)
2011-12-13 45 0 NOTICE of Appearance by Steven W. Jados on behalf of Defendants CLASSIC DINING OF COLUMBUS, INC., CLASSIC DINING OF GREENWOOD, INC., CLASSIC DINING OF PORTAGE, INC., CLASSIC DINING OF SHELBYVILLE, INC., KEN KILBERGER. (Jados, Steven) (Entered: 12/13/2011)
2011-12-13 46 0 MOTION to Quash Service of Summons and, MOTION to Dismiss Pursuant to FRCP 12(b)(5) or, in the Alternative, to Dismiss Pursuant to FRCP 12(b)(1) and 12(b)(6), filed by Defendant KEN KILBERGER. (Koehler, Renee) (Entered: 12/13/2011)
2011-12-13 47 0 BRIEF/MEMORANDUM in Support re 46 MOTION to Quash Service of Summons and MOTION to Dismiss Pursuant to FRCP 12(b)(5) or, in the Alternative, to Dismiss Pursuant to FRCP 12(b)(1) and 12(b)(6), filed by Defendant KEN KILBERGER. (Attachments: # 1 Exhibit 1 - 9/28/11 Email Chain, # 2 Exhibit 2 - 10/14/11 Email, # 3 Exhibit 3 - Declaration of Kilberger)(Koehler, Renee) (Entered: 12/13/2011)
2011-12-13 48 0 MOTION to Quash Service of Summons and, MOTION to Dismiss Pursuant to FRCP 12(b)(5) or, in the Alternative, to Dismiss Pursuant to FRCP 12(b)(1) and 12(b)(6), filed by Defendants CLASSIC DINING OF COLUMBUS, INC., CLASSIC DINING OF GREENWOOD, INC., CLASSIC DINING OF PORTAGE, INC., CLASSIC DINING OF SHELBYVILLE, INC.. (Koehler, Renee) (Entered: 12/13/2011)
2011-12-13 49 0 BRIEF/MEMORANDUM in Support re 48 MOTION to Quash Service of Summons and MOTION to Dismiss Pursuant to FRCP 12(b)(5) or, in the Alternative, to Dismiss Pursuant to FRCP 12(b)(1) and 12(b)(6), filed by Defendants CLASSIC DINING OF COLUMBUS, INC., CLASSIC DINING OF GREENWOOD, INC., CLASSIC DINING OF PORTAGE, INC., CLASSIC DINING OF SHELBYVILLE, INC.. (Attachments: # 1 Exhibit 1 - 9/28/11 Email Chain, # 2 Exhibit 2 - 10/14/11 Email, # 3 Exhibit 3 - Declaration of Kilberger, # 4 Exhibit 4 - Waiver of Service for Classic Dining Group, # 5 Exhibit 5 - Plaintiff's Response Brief CM/ECF Doc 38)(Koehler, Renee) (Entered: 12/13/2011)
2011-12-29 50 0 MOTION for Extension of Time to 1/13/2012 to file response to 46 MOTION to Quash Service of Summons and MOTION to Dismiss Pursuant to FRCP 12(b)(5) or, in the Alternative, to Dismiss Pursuant to FRCP 12(b)(1) and 12(b)(6), 48 MOTION to Quash Service of Summons and MOTION to Dismiss Pursuant to FRCP 12(b)(5) or, in the Alternative, to Dismiss Pursuant to FRCP 12(b)(1) and 12(b)(6), filed by Plaintiff NORMA K. WHITE. (Attachments: # 1 Text of Proposed Order)(Starkey, Christopher) (Entered: 12/29/2011)
2011-12-30 51 0 ORDER granting 50 Motion for Extension of Time to File Response - It is ordered that the Motion is hereby GRANTED, and Plaintiff has until January 13, 2012 to respond to Defendants' dismissal motions, dkt # 46 and # 48 . The Court also ORDERS all other just and proper relief in the premises. Signed by Judge Jane Magnus-Stinson on 12/30/2011.(JKS) (Entered: 12/30/2011)
2012-01-11 52 0 Minute Entry for proceedings held before Magistrate Judge Mark J. Dinsmore: Initial Pretrial Conference held on 1/6/2012. The Court will approve the Case Management Plan, by separate order, with the changes to which the parties have agreed. Settlement Conference set for 6/15/2012 09:00 AM in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore. On or before five (5) business days before the settlement conference, the parties shall submit (not file) a confidential settlement statement (see Entry for additional information regarding Settlement Conference). Status Conference set for 2/13/2012 04:00 PM in Telephonic before Magistrate Judge Mark J. Dinsmore. The purpose of the conference is to discuss case status. Counsel shall attend the status conference by calling the designated phone number, to be provided by the court via email. Signed by Magistrate Judge Mark J. Dinsmore.(SWM) (Entered: 01/13/2012)
2012-01-11 53 0 ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 6/29/2012. Signed by Magistrate Judge Mark J. Dinsmore on 1/11/2012.(SWM) (Entered: 01/13/2012)
2012-01-13 54 0 Exhibit List (Preliminary), filed by Plaintiff NORMA K. WHITE. (Starkey, Christopher) (Entered: 01/13/2012)
2012-01-13 55 0 Witness List (Preliminary), filed by Plaintiff NORMA K. WHITE. (Starkey, Christopher) (Entered: 01/13/2012)
2012-01-13 56 0 RESPONSE in Opposition re 48 MOTION to Quash Service of Summons and MOTION to Dismiss Pursuant to FRCP 12(b)(5) or, in the Alternative, to Dismiss Pursuant to FRCP 12(b)(1) and 12(b)(6) MOTION to Dismiss Pursuant to FRCP 12(b)(5) or, in the Alternative, to Dismiss Pursuant to FRCP 12(b)(1) and 12(b)(6), 46 MOTION to Quash Service of Summons and MOTION to Dismiss Pursuant to FRCP 12(b)(5) or, in the Alternative, to Dismiss Pursuant to FRCP 12(b)(1) and 12(b)(6) , filed by Plaintiff NORMA K. WHITE. (Attachments: # 1 Exhibit Postage Receipt, # 2 Exhibit Resident Agents' address, # 3 Exhibit Return Receipts)(Starkey, Christopher) (Entered: 01/13/2012)
2012-01-23 57 0 REPLY in Support of Motion re 46 MOTION to Quash Service of Summons and MOTION to Dismiss Pursuant to FRCP 12(b)(5) or, in the Alternative, to Dismiss Pursuant to FRCP 12(b)(1) and 12(b)(6) , filed by Defendant KEN KILBERGER. (Attachments: # 1 Exhibit Sept. 28, 2011 Email, # 2 Exhibit October 14, 2011 Email, # 3 Exhibit Kilberger Declaration)(Koehler, Renee) (Entered: 01/23/2012)
2012-01-23 58 0 REPLY in Support of Motion re 48 MOTION to Quash Service of Summons and MOTION to Dismiss Pursuant to FRCP 12(b)(5) or, in the Alternative, to Dismiss Pursuant to FRCP 12(b)(1) and 12(b)(6) MOTION to Dismiss Pursuant to FRCP 12(b)(5) or, in the Alternative, to Dismiss Pursuant to FRCP 12(b)(1) and 12(b)(6) , filed by Defendants CLASSIC DINING OF COLUMBUS, INC., CLASSIC DINING OF GREENWOOD, INC., CLASSIC DINING OF PORTAGE, INC., CLASSIC DINING OF SHELBYVILLE, INC.. (Attachments: # 1 Exhibit September 28, 2011 Email, # 2 Exhibit October 14, 2011 Email)(Koehler, Renee) (Entered: 01/23/2012)
2012-01-27 59 0 Witness List (Preliminary), filed by Defendant CLASSIC DINING ACQUISITION CORP., Exhibit List (Preliminary), filed by Defendant CLASSIC DINING ACQUISITION CORP.. (Koehler, Renee) (Entered: 01/27/2012)
2012-01-27 60 0 Witness List (Preliminary), filed by Defendant CLASSIC DINING CASTLETON, INC., Exhibit List (Preliminary), filed by Defendant CLASSIC DINING CASTLETON, INC.. (Koehler, Renee) (Entered: 01/27/2012)
2012-01-27 61 0 Witness List (Preliminary), filed by Defendant CLASSIC DINING CRAWFORDSVILLE, INC., Exhibit List (Preliminary), filed by Defendant CLASSIC DINING CRAWFORDSVILLE, INC.. (Koehler, Renee) (Entered: 01/27/2012)
2012-01-27 62 0 Witness List (Preliminary), filed by Defendant CLASSIC DINING E WASHINGTON ST., INC., Exhibit List (Preliminary), filed by Defendant CLASSIC DINING E WASHINGTON ST., INC.. (Koehler, Renee) (Entered: 01/27/2012)
2012-01-27 63 0 Exhibit List (Preliminary), filed by Defendant CLASSIC DINING GREENWOOD MALL, INC., Witness List (Preliminary), filed by Defendant CLASSIC DINING GREENWOOD MALL, INC.. (Koehler, Renee) (Entered: 01/27/2012)
2012-01-27 64 0 Exhibit List (Preliminary), filed by Defendant CLASSIC DINING GROUP, LLC, Witness List (Preliminary), filed by Defendant CLASSIC DINING GROUP, LLC. (Koehler, Renee) (Entered: 01/27/2012)
2012-01-27 65 0 Witness List (Preliminary), filed by Defendant CLASSIC DINING KENTUCKY AVENUE, INC., Exhibit List (Preliminary), filed by Defendant CLASSIC DINING KENTUCKY AVENUE, INC.. (Koehler, Renee) (Entered: 01/27/2012)
2012-01-27 66 0 Witness List (Preliminary), filed by Defendant CLASSIC DINING KEYSTONE, INC., Exhibit List (Preliminary), filed by Defendant CLASSIC DINING KEYSTONE, INC.. (Koehler, Renee) (Entered: 01/27/2012)
2012-01-27 67 0 Witness List (Preliminary), filed by Defendant CLASSIC DINING MANAGEMENT COMPANY, INC., Exhibit List (Preliminary), filed by Defendant CLASSIC DINING MANAGEMENT COMPANY, INC.. (Koehler, Renee) (Entered: 01/27/2012)
2012-01-27 68 0 Witness List (Preliminary), filed by Defendant CLASSIC DINING MICHIGAN ROAD, INC., Exhibit List (Preliminary), filed by Defendant CLASSIC DINING MICHIGAN ROAD, INC.. (Koehler, Renee) (Entered: 01/27/2012)
2012-01-27 69 0 Witness List (Preliminary), filed by Defendant CLASSIC DINING OF BLOOMINGTON, INC., Exhibit List (Preliminary), filed by Defendant CLASSIC DINING OF BLOOMINGTON, INC.. (Koehler, Renee) (Entered: 01/27/2012)
2012-01-27 70 0 Witness List (Preliminary), filed by Defendant CLASSIC DINING OF DALEVILLE, LLC, Exhibit List (Preliminary), filed by Defendant CLASSIC DINING OF DALEVILLE, LLC. (Koehler, Renee) (Entered: 01/27/2012)
2012-01-27 71 0 Witness List (Preliminary), filed by Defendant CLASSIC DINING OF FORT WAYNE, INC., Exhibit List (Preliminary), filed by Defendant CLASSIC DINING OF FORT WAYNE, INC.. (Koehler, Renee) (Entered: 01/27/2012)
2012-01-27 72 0 Witness List (Preliminary), filed by Defendant CLASSIC DINING OF KOKOMO, INC., Exhibit List (Preliminary), filed by Defendant CLASSIC DINING OF KOKOMO, INC.. (Koehler, Renee) (Entered: 01/27/2012)
2012-01-27 73 0 Witness List (Preliminary), filed by Defendant CLASSIC DINING OF LAFAYETTE, INC., Exhibit List (Preliminary), filed by Defendant CLASSIC DINING OF LAFAYETTE, INC.. (Koehler, Renee) (Entered: 01/27/2012)
2012-01-27 74 0 Witness List (Preliminary), filed by Defendant CLASSIC DINING OF LEBANON, INC., Exhibit List (Preliminary), filed by Defendant CLASSIC DINING OF LEBANON, INC.. (Koehler, Renee) (Entered: 01/27/2012)
2012-01-27 75 0 Witness List (Preliminary), filed by Defendant CLASSIC DINING OF MERRILLVILLE, INC., Exhibit List (Preliminary), filed by Defendant CLASSIC DINING OF MERRILLVILLE, INC.. (Koehler, Renee) (Entered: 01/27/2012)
2012-01-27 76 0 Witness List (Preliminary), filed by Defendant CLASSIC DINING OF NEW CASTLE, INC., Exhibit List (Preliminary), filed by Defendant CLASSIC DINING OF NEW CASTLE, INC.. (Koehler, Renee) (Entered: 01/27/2012)
2012-01-27 77 0 Witness List (Preliminary), filed by Defendant CLASSIC DINING OF PLAINFIELD, INC., Exhibit List (Preliminary), filed by Defendant CLASSIC DINING OF PLAINFIELD, INC.. (Koehler, Renee) (Entered: 01/27/2012)
2012-01-27 78 0 Witness List (Preliminary), filed by Defendant CLASSIC DINING OF SOUTH BEND, LLC, Exhibit List (Preliminary), filed by Defendant CLASSIC DINING OF SOUTH BEND, LLC. (Koehler, Renee) (Entered: 01/27/2012)
2012-01-27 79 0 Witness List (Preliminary), filed by Defendant CLASSIC DINING PENDLETON PIKE, INC., Exhibit List (Preliminary), filed by Defendant CLASSIC DINING PENDLETON PIKE, INC.. (Koehler, Renee) (Entered: 01/27/2012)
2012-01-27 80 0 Witness List (Preliminary), filed by Defendant CLASSIC DINING POST ROAD, INC., Exhibit List (Preliminary), filed by Defendant CLASSIC DINING POST ROAD, INC.. (Koehler, Renee) (Entered: 01/27/2012)
2012-01-27 81 0 Witness List (Preliminary), filed by Defendant CLASSIC DINING SOUTH EAST STREET, INC., Exhibit List (Preliminary), filed by Defendant CLASSIC DINING SOUTH EAST STREET, INC.. (Koehler, Renee) (Entered: 01/27/2012)
2012-01-27 82 0 Witness List (Preliminary), filed by Defendant CLASSIC DINING WEST BRADBURY, INC., Exhibit List (Preliminary), filed by Defendant CLASSIC DINING WEST BRADBURY, INC.. (Koehler, Renee) (Entered: 01/27/2012)
2012-02-01 83 0 SCHEDULING ORDER - Court Trial set for 2/19/2013 09:00 AM in room #307, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Jane Magnus-Stinson. Final Pretrial Conference set for 1/24/2013 01:00 PM in room #307, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Jane Magnus-Stinson. Counsel are reminded of the required pretrial preparation deadlines set forth in paragraph VIII of the case management plan dkt. 53 . Counsel are further reminded to review the undersigned's Practices and Procedures, available on the internet at http://www.insd.uscourts.gov/Publications/CourtroomProceduresJMS.pdf. Signed by Judge Jane Magnus-Stinson on 2/1/2012. (JKS) (Entered: 02/01/2012)
2012-02-01 84 0 PROCEDURES AND PRACTICES before Judge Jane Magnus-Stinson. (JKS) (Entered: 02/01/2012)
2012-02-03 85 0 SUPPLEMENT TO CASE MANAGEMENT PLAN TENDERED, filed by Defendants CLASSIC DINING ACQUISITION CORP., CLASSIC DINING CASTLETON, INC., CLASSIC DINING CRAWFORDSVILLE, INC., CLASSIC DINING E WASHINGTON ST., INC., CLASSIC DINING GREENWOOD MALL, INC., CLASSIC DINING GROUP, LLC, CLASSIC DINING KENTUCKY AVENUE, INC., CLASSIC DINING KEYSTONE, INC., CLASSIC DINING MANAGEMENT COMPANY, INC., CLASSIC DINING MICHIGAN ROAD, INC., CLASSIC DINING OF BLOOMINGTON, INC., CLASSIC DINING OF DALEVILLE, LLC, CLASSIC DINING OF FORT WAYNE, INC., CLASSIC DINING OF KOKOMO, INC., CLASSIC DINING OF LAFAYETTE, INC., CLASSIC DINING OF LEBANON, INC., CLASSIC DINING OF MERRILLVILLE, INC., CLASSIC DINING OF NEW CASTLE, INC., CLASSIC DINING OF PLAINFIELD, INC., CLASSIC DINING OF SOUTH BEND, LLC, CLASSIC DINING PENDLETON PIKE, INC., CLASSIC DINING POST ROAD, INC., CLASSIC DINING SOUTH EAST STREET, INC., CLASSIC DINING WEST BRADBURY, INC., Plaintiff NORMA K. WHITE . (Koehler, Renee) (Entered: 02/03/2012)
2012-02-03 86 0 Unopposed MOTION to Stay Discovery Pending The Outcome of His Motion to Quash Summons And Dismiss, filed by Defendant KEN KILBERGER. (Attachments: # 1 Exhibit Plaintiff's Discovery Requests, # 2 Exhibit Declaration of Stephanie M. Dinkel, # 3 Text of Proposed Order)(Koehler, Renee) (Entered: 02/03/2012)
2012-02-03 87 0 Unopposed MOTION to Stay Discovery Pending The Outcome Of Their Motion To Quash Summonses and Dismiss, filed by Defendants CLASSIC DINING OF COLUMBUS, INC., CLASSIC DINING OF GREENWOOD, INC., CLASSIC DINING OF PORTAGE, INC., CLASSIC DINING OF SHELBYVILLE, INC.. (Attachments: # 1 Exhibit Plaintiff's Discovery Requests, # 2 Exhibit Declaration of Stephanie M. Dinkel, # 3 Text of Proposed Order)(Koehler, Renee) (Entered: 02/03/2012)
2012-02-03 88 0 Unopposed MOTION to Stay Discovery Pending the Outcome of Their Motion to Dismiss, filed by Defendants CLASSIC DINING ACQUISITION CORP., CLASSIC DINING CASTLETON, INC., CLASSIC DINING CRAWFORDSVILLE, INC., CLASSIC DINING E WASHINGTON ST., INC., CLASSIC DINING GREENWOOD MALL, INC., CLASSIC DINING GROUP, LLC, CLASSIC DINING KENTUCKY AVENUE, INC., CLASSIC DINING KEYSTONE, INC., CLASSIC DINING MANAGEMENT COMPANY, INC., CLASSIC DINING MICHIGAN ROAD, INC., CLASSIC DINING OF BLOOMINGTON, INC., CLASSIC DINING OF DALEVILLE, LLC, CLASSIC DINING OF FORT WAYNE, INC., CLASSIC DINING OF KOKOMO, INC., CLASSIC DINING OF LAFAYETTE, INC., CLASSIC DINING OF LEBANON, INC., CLASSIC DINING OF MERRILLVILLE, INC., CLASSIC DINING OF NEW CASTLE, INC., CLASSIC DINING OF PLAINFIELD, INC., CLASSIC DINING OF SOUTH BEND, LLC, CLASSIC DINING PENDLETON PIKE, INC., CLASSIC DINING POST ROAD, INC., CLASSIC DINING SOUTH EAST STREET, INC., CLASSIC DINING WEST BRADBURY, INC.. (Attachments: # 1 Exhibit Plaintiff's Discovery Requests, # 2 Exhibit Declaration of Stephanie M. Dinkel, # 3 Text of Proposed Order)(Koehler, Renee) (Entered: 02/03/2012)
2012-02-06 89 0 MARGINAL ENTRY re 85 Supplement to proposed Case Management Plan: Accepted and entered as an amendment to the parties' approved Case Management Plan. Signed by Magistrate Judge Mark J. Dinsmore on 2/6/2012.(SWM) (Entered: 02/07/2012)
2012-02-08 90 0 SCHEDULING ORDER: This matter is set for a hearing on certain Defendants' Unopposed Motions to Stay Discovery Pending the Outcome of Their Motion to Dismiss [Dkts. 86, 87, 88], Tuesday, February 21, 2012 at 11:00 a.m. in Room 243, United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana, before Magistrate Judge Mark J. Dinsmore. Signed by Magistrate Judge Mark J. Dinsmore on 2/8/2012.(SWM) (Entered: 02/08/2012)
2012-02-09 91 0 SCHEDULING ORDER: This matter is currently set for a status conference on February 13, 2012 at 4:00 p.m. and in-person hearing on Tuesday, February 21, 2012 at 11:00 a.m. The Court hereby vacates the February 21, 2012 in-person hearing and changes the Status Conference on February 13, 2012 at 4:00 p.m. to a telephonic hearing on Defendants' Motions [Dkt. 86.7, 88.] Counsel shall attend the telephonic hearing by calling the designated phone number, tobe provided by the court via email. All other requirements of the Court's Orders dated 1/11/12 [Dkt. 52] and 2/8/2012 [Dkt. 90] are still in order and effect. Signed by Magistrate Judge Mark J. Dinsmore on 2/9/2012.(SWM) (Entered: 02/09/2012)
2012-02-17 93 0 Minute Entry for proceedings held before Magistrate Judge Mark J. Dinsmore: Motions Hearing held on 2/13/2012. The Court, having considered the briefs and the arguments of counsel, now holds that Defendants' motions to stay Dkt. Nos. 86 and 87 will be GRANTED; and Defendants' motion to stay Dkt. No. 88 will be GRANTED, except as to Defendants Classic Dining Kentucky Avenue, Inc. and Classic Dining South East Street, Inc., with regard to which the motion shall be DENIED. Discovery with respect to Defendants Classic Dining Kentucky Avenue, Inc. and Classic Dining South East Street, Inc. shall proceed without delay pursuant to the Federal Rules of Civil Procedure, the Local Rules of this Court and the schedule established in the parties' approved Case Management Plan [Dkt.53]. See Entry for additional information. Signed by Magistrate Judge Mark J. Dinsmore.(SWM) (Entered: 02/17/2012)
2012-02-23 94 0 MOTION for Protective Order (AGREED), filed by Defendants CLASSIC DINING KENTUCKY AVENUE, INC., CLASSIC DINING SOUTH EAST STREET, INC.. (Attachments: # 1 Exhibit A - Agreed Protective Order, # 2 Exhibit B - Discovery Requests, # 3 Exhibit C - Declaration of Stephanie M. Dinkel)(Koehler, Renee) (Entered: 02/23/2012)
2012-02-24 95 0 AGREED PROTECTIVE ORDER 94 APPROVED as AMENDED. Signed by Magistrate Judge Mark J. Dinsmore on 2/24/2012.(SWM) (Entered: 02/24/2012)
2012-02-24 96 0 Unopposed MOTION to Amend/Correct Case Management Plan, filed by Plaintiff NORMA K. WHITE. (Attachments: # 1 Text of Proposed Order)(Starkey, Christopher) (Entered: 02/24/2012)
2012-02-28 97 0 ORDER granting in part and denying in part Pltf's 96 Motion to Amend CMP. The deadline for Pltf to move to certify a collective or class action in this matter is hereby STAYED pending further order of the Court. Any discovery that has been allowed by the Court shall proceed unaltered by this ruling. Signed by Magistrate Judge Mark J. Dinsmore on 2/28/2012. (SWM) (Entered: 02/28/2012)
2012-04-13 98 0 ENTRY on Pending Motions: For the reasons explicated in this entry, Defendants' Motion to Dismiss Pursuant to FRCP 12(b)(1) and 12(b)(6), 33 , and Defendants' Motions to Quash Service of Summons and Dismiss Pursuant to FRCP 12 (b)(5) or, In the Alternative, to Dismiss Pursuant to FRCP 12(b)(1) and 12(b)(6), 46 and 48 , are GRANTED IN PART. The remaining claims asserted in those motions are DENIED AS MOOT. Plaintiff's federal claims under the FLSA are dismissed with prejudice as to all Defendants other than CD Kentucky and CD South East for lack of subject-matter jurisdiction. The remaining claims against CD Kentucky and CD South East are dismissed without prejudice for failure to state a claim. Plaintiff will be afforded fourteen (14) days within which to file an amended complaint against CD Kentucky and CD South East only. However, should Plaintiff elect not to pursue an amended complaint within fourteen days, the Court will, pursuant to 28 U.S.C. ยง 1367(c)(3), relinquish supplemental jurisdiction and Plaintiffs remaining state law claims will be dismissed without prejudice to their being pursued in state court, and a judgment shall be entered accordingly (See Entry). Signed by Judge Jane Magnus-Stinson on 4/13/2012. (MAC) (Entered: 04/13/2012) 2012-04-14 08:29:15 423a85a960161a1b9472e7514d497981fafd8a6b
2012-04-27 99 0 AMENDED COMPLAINT against CLASSIC DINING KENTUCKY AVENUE, INC. and against CLASSIC DINING SOUTH EAST STREET, INC., filed by NORMA K. WHITE.(Starkey, Christopher) (Entered: 04/27/2012)
2012-05-11 100 0 ORDER: In light of the Court's April 13, 2012 Entry on Pending Motions [Dkt. 98] dismissing all of the Defendants except Classic Dining Kentucky Avenue, Inc. and Classic Dining South East Street, Inc., Plaintiff is ORDERED to either reassert her previous Demand or serve Defendants with an updated Demand by no later than May 18, 2012. Defendants shall have through and including, May 25, 2012, to respond to the Demand. If applicable, Defendants shall also comply with the following (see Order for additional information). Signed by Magistrate Judge Mark J. Dinsmore on 5/11/2012.(SWM) (Entered: 05/11/2012)
2012-05-14 101 0 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants CLASSIC DINING KENTUCKY AVENUE, INC., CLASSIC DINING SOUTH EAST STREET, INC.. (Koehler, Renee) (Entered: 05/14/2012)
2012-05-14 102 0 BRIEF/MEMORANDUM in Support re 101 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants CLASSIC DINING KENTUCKY AVENUE, INC., CLASSIC DINING SOUTH EAST STREET, INC.. (Koehler, Renee) (Entered: 05/14/2012)
2012-05-14 103 0 SCHEDULING ORDER: Status Conference set for 5/17/2012 03:00 PM in Telephonic before Magistrate Judge Mark J. Dinsmore. The purpose of this conference to discuss the settlement conference currently scheduled for June 15, 2012. Counsel shall attend the conference by calling the phone number to be provided by the court in an email. Signed by Magistrate Judge Mark J. Dinsmore on 5/14/2012.(SWM) (Entered: 05/14/2012)
2012-05-17 105 0 ORDER on Briefing Schedule: This matter comes before the Court on Defendants' Motion to Dismiss Pursuant to FRCP 12(b)(6). [Dkt. 101.] In light of the upcoming settlement conference, Plaintiff is hereby Ordered to respond to the Motion to Dismiss on or before May 23, 2012. Defendants shall file any reply in support of the motion to dismiss on or before May 25, 2012. Signed by Magistrate Judge Mark J. Dinsmore on 5/17/2012.(SWM) (Entered: 05/17/2012)
2012-05-18 106 0 Minute Entry for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 5/17/2012. (See Entry for details.) Signed by Magistrate Judge Mark J. Dinsmore. (TMA) (Entered: 05/21/2012)
2012-05-22 107 0 Joint MOTION to Amend/Correct the Case Management Plan, Joint MOTION for Continuance of the June 15, 2012 Settlement Conference and Trial Date, filed by Defendants CLASSIC DINING KENTUCKY AVENUE, INC., CLASSIC DINING SOUTH EAST STREET, INC., Plaintiff NORMA K. WHITE. (Attachments: # 1 Exhibit Exhibit 1 - May 14, 2012 Correspondence, # 2 Exhibit May 17, 2012 Correspondence, # 3 Exhibit May 18, 2012 Correspondence)(Koehler, Renee) (Entered: 05/22/2012)
2012-05-23 108 0 Submission of Proposed Order , re 107 Joint MOTION to Amend/Correct the Case Management PlanJoint MOTION for Continuance of the June 15, 2012 Settlement Conference and Trial Date, filed by Defendants CLASSIC DINING KENTUCKY AVENUE, INC., CLASSIC DINING SOUTH EAST STREET, INC., Plaintiff NORMA K. WHITE. (Koehler, Renee) (Entered: 05/23/2012)
2012-05-23 109 0 MOTION for Leave to File Second Amended Complaint, filed by Plaintiff NORMA K. WHITE. (Attachments: # 1 Text of Proposed Order, # 2 Second Amended Complaint)(Starkey, Christopher) (Entered: 05/23/2012)
2012-05-23 110 0 RESPONSE in Opposition re 101 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Plaintiff NORMA K. WHITE. (Starkey, Christopher) (Entered: 05/23/2012)
2012-05-25 111 0 REPLY in Support of Motion re 101 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants CLASSIC DINING KENTUCKY AVENUE, INC., CLASSIC DINING SOUTH EAST STREET, INC.. (Koehler, Renee) (Entered: 05/25/2012)
2012-05-29 112 0 ORDER to Supplement Filing re 107 Joint MOTION to Amend/Correct the Case Management Plan Joint MOTION for Continuance of the June 15, 2012 Settlement Conference and Trial Date filed by CLASSIC DINING SOUTH EAST STREET, INC., CLASSIC DINING KENTUCKY AVENUE, INC., NORMA K. WHITE. The Court requires additional information to determine the parties' motion; accordingly, Defendants shall supplement the motion on or before June 5, 2012 (See Order for requirements). Signed by Magistrate Judge Mark J. Dinsmore on 5/29/2012.(MAC) (Entered: 05/29/2012)
2012-05-30 113 0 SCHEDULING ORDER: This cause comes before the court on Plaintiff's Motion for Leave to File Second Amended Complaint [Dkt. 109]. Defendants' Brief in Opposition to said Motion is due on or before June 8, 2012 and any Reply Brief is due on or before June 12, 2012. This matter is set for a hearing on the above-noted motion, Friday, June 15, 2012 at 9:00 a.m. in Room 243, United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana, before Magistrate Judge Mark J. Dinsmore. Signed by Magistrate Judge Mark J. Dinsmore on 5/30/2012.(SWM) (Entered: 05/31/2012)
2012-06-05 114 0 BRIEF/MEMORANDUM in Support re 107 Joint MOTION to Amend/Correct the Case Management PlanJoint MOTION for Continuance of the June 15, 2012 Settlement Conference and Trial Date (DEFENDANTS' SUPPLEMENT TO MOTION), filed by Defendants CLASSIC DINING KENTUCKY AVENUE, INC., CLASSIC DINING SOUTH EAST STREET, INC.. (Attachments: # 1 Exhibit Declaration of Ken Kilberger)(Koehler, Renee) (Entered: 06/05/2012)
2012-06-08 115 0 ORDER: This matter comes before the Court on the parties' Joint Motion to Continue the June 15, 2012 Settlement Conference Date, Amend the Case Management Plan, and Continue the Trial Date 107 . The parties' Joint Motion to Continue the June 15, 2012 Settlement Conference is DENIED. Nevertheless, the Court recognizes the unique procedural status in which this case presently resides and understands the adverse impact those procedural issues have upon the parties' settlement positions. Accordingly, the Court, sua sponte, VACATES the June 15, 2012 settlement conference in this matter, to be rescheduled as appropriate following resolution by the Court of the pending procedural issues. The portions of Docket No. 107 relating to the parties' Joint Motion to Amend the Case Management Plan and Continue the Trial Date remain pending and will be addressed with the parties at the conclusion of the hearing on Plaintiff's Motion for Leave to File Second Amended Complaint scheduled on June 15, 2012 (see Order for additional information). Signed by Magistrate Judge Mark J. Dinsmore on 6/8/2012.(SWM) (Entered: 06/08/2012)
2012-06-08 116 0 RESPONSE in Opposition re 109 MOTION for Leave to File Second Amended Complaint , filed by Defendants CLASSIC DINING KENTUCKY AVENUE, INC., CLASSIC DINING SOUTH EAST STREET, INC.. (Koehler, Renee) (Entered: 06/08/2012)
2012-06-12 117 0 REPLY in Support of Motion re 109 MOTION for Leave to File Second Amended Complaint , filed by Plaintiff NORMA K. WHITE. (Starkey, Christopher) (Entered: 06/12/2012)
2012-06-12 118 0 Second MOTION to Amend/Correct Complaint, filed by Plaintiff NORMA K. WHITE. (Attachments: # 1 Text of Proposed Order, # 2 Proposed Third Amended Complaint)(Starkey, Christopher) (Entered: 06/12/2012)
2012-06-13 119 0 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Christopher Kenneth Starkey hereby notifies the Clerk of the court of changed in contact information. (Starkey, Christopher) (Entered: 06/13/2012)
2012-06-14 120 0 ORDER REGARDING HEARING ON JUNE 15, 2012: The Court hereby notifies that it will also address Plaintiff's Second Motion for Leave to Amend Complaint [Dkt. 118] at the hearing scheduled to take place in this matter on June 15, 2012. If Defendants wish to submit a written response to that motion, such response shall be filed no later than June 14, 2012. Signed by Magistrate Judge Mark J. Dinsmore on 6/14/2012.(SWM) (Entered: 06/14/2012)
2012-06-14 121 0 RESPONSE in Opposition re 118 Second MOTION to Amend/Correct Complaint , filed by Defendants CLASSIC DINING KENTUCKY AVENUE, INC., CLASSIC DINING SOUTH EAST STREET, INC.. (Koehler, Renee) (Entered: 06/14/2012)
2012-06-15 122 0 AMENDED COMPLAINT (Second) against CLASSIC DINING KENTUCKY AVENUE, INC., filed by NORMA K. WHITE.(Starkey, Christopher) (Entered: 06/15/2012)
2012-06-18 123 0 ORDER denying as moot 101 Defendants' Motion to Dismiss for Failure to State a Claim - The Plaintiff has filed a second amended complaint, [dkt. 122]. As such, the motion to dismiss, directed to the first amended complaint, is now DENIED AS MOOT. Signed by Judge Jane Magnus-Stinson on 6/18/2012. (JKS) (Entered: 06/18/2012)
2012-06-22 124 0 ORDER denying as moot Pltf's 109 Motion for Leave to File Amended Complaint; granting Pltf's 118 Motion to Amend Complaint. Because the Second Amended Complaint abandons Plaintiff's claims against Defendant Classic Dining South East Street, Inc., Plaintiff's oral motion to dismiss Defendant Classic Dining South East Street, Inc., with prejudice, is GRANTED.(see Order for additional information). Signed by Magistrate Judge Mark J. Dinsmore on 6/22/2012. (SWM) (Entered: 06/22/2012) 2012-06-23 17:03:46 41c82a5d6206844d57dfc79d6c33d92343f245f8
2012-06-22 125 0 THIRD AMENDED COMPLAINT against CLASSIC DINING KENTUCKY AVENUE, INC., filed by NORMA K. WHITE.(SWM) (Entered: 06/22/2012)
2012-06-27 126 0 MINUTE ENTRY for proceedings held before Magistrate Judge Mark J. Dinsmore: Motion Hearing held on 6/15/2012. This matter came before the Court for a hearing on Plaintiff's Motion For Leave to File Second Amended Complaint [dkt. 109] and Plaintiff's Second Motion for Leave to File Amended/Correct Complaint [dkt. 118]. Arguments were held and a ruling was issued by separate order. The Court will also address the remaining issues in [Dkt. 107], the parties' Joint Motion to Continue the June 15, 2012 Settlement Conference, Amend the Case Management Plan and Continue the Trial Date. The parties' joint motion to amend the Case Management Plan is hereby GRANTED and the parties approved Case Management Plan, [Dkt. 53], is amended as follows: Discovery due by 2/15/2013. Dispositive Motions due by 11/5/2012 (see Entry for other established deadlines). The parties' motion to continue the trial of this matter is hereby GRANTED. The final pretrial conference scheduled on January 24, 2013 and the trial scheduled to commence on February 19, 2013 before the Honorable Judge Jane Magnus- Stinson are hereby VACATED. Signed by Magistrate Judge Mark J. Dinsmore.(SWM) (Entered: 06/27/2012)
2012-07-06 127 0 ANSWER to 125 Amended Complaint , filed by CLASSIC DINING KENTUCKY AVENUE, INC..(Koehler, Renee) (Entered: 07/06/2012)
2012-07-10 128 0 TRIAL SETTING AND NOTICE OF FINAL PRETRIAL CONFERENCE - This cause is hereby set for a Court Trial before Judge Jane Magnus-Stinson on June 10, 2013 at 9:00 a.m. in Room 307 of the Birch Bayh Federal Building and U.S. Courthouse, 46 East Ohio Street, Indianapolis, Indiana. A Final Pretrial Conference is also set for May 16, 2013 at 9:00 a.m. in Room 307. Counsel are reminded of the required pretrial preparation deadlines set forth in paragraph VIII of the case management plan. Counsel are further reminded to review the undersigned's Practices and Procedures. Signed by Judge Jane Magnus-Stinson on 7/10/2012.(JD) (Entered: 07/11/2012)
2012-07-17 129 0 NOTICE of FILING of OFFICIAL TRANSCRIPT of Motions Hearing held before Magistrate Judge Mark J. Dinsmore on 6/15/12 (Howie-Walters, Laura) (Entered: 07/17/2012)
2012-07-17 130 0 TRANSCRIPT of Motions Hearing held on 6/15/12 before Magistrate Judge Mark J. Dinsmore. (17 pages.) Court Reporter/Transcriber: Laura Howie-Walters (Telephone: (317) 632-3422). Please review Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 8/7/2012. Release of Transcript Restriction set for 10/15/2012. (Howie-Walters, Laura) Released on 10/15/2012 (SWM). (Entered: 07/17/2012)
2012-08-03 131 0 MOTION for Sanctions Pursuant to FRCP 11 and 28 USC 1927, filed by Defendants CLASSIC DINING KENTUCKY AVENUE, INC., CLASSIC DINING SOUTH EAST STREET, INC.. (Koehler, Renee) (Entered: 08/03/2012)
2012-08-03 132 0 BRIEF/MEMORANDUM in Support re 131 MOTION for Sanctions Pursuant to FRCP 11 and 28 USC 1927 , filed by Defendants CLASSIC DINING KENTUCKY AVENUE, INC., CLASSIC DINING SOUTH EAST STREET, INC.. (Attachments: # 1 Exhibit 1 -- Correspondence, # 2 Exhibit 2 -- Interrogatories and Responses)(Koehler, Renee) (Entered: 08/03/2012)
2012-08-12 133 0 MOTION for Extension of Time to 08/24/2012 to file response to 131 MOTION for Sanctions Pursuant to FRCP 11 and 28 USC 1927 , filed by Plaintiff NORMA K. WHITE. (Attachments: # 1 Text of Proposed Order)(Starkey, Christopher) (Entered: 08/12/2012)
2012-08-13 134 0 ORDER granting plaintiff's 133 Motion for Extension of Time to File Response to 8/24/2012 re 131 MOTION for Sanctions Pursuant to FRCP 11 and 28 USC 1927. Signed by Judge Jane Magnus-Stinson on 8/13/2012. (MAC) (Entered: 08/13/2012)
2012-08-23 135 0 Second MOTION for Extension of Time to 9/7/2012 to file response to 131 MOTION for Sanctions Pursuant to FRCP 11 and 28 USC 1927 , filed by Plaintiff NORMA K. WHITE. (Attachments: # 1 Text of Proposed Order)(Starkey, Christopher) (Entered: 08/23/2012)
2012-08-27 136 0 ORDER granting 135 Motion for Extension of Time to File Response - Plaintiff is hereby granted until September 7, 2012 to file its response to defendant's motion for sanctions. Signed by Judge Jane Magnus-Stinson on 8/27/2012. (JKS) (Entered: 08/27/2012)
2012-09-07 137 0 Third MOTION for Extension of Time to 9/17/2012 to file response to 131 MOTION for Sanctions Pursuant to FRCP 11 and 28 USC 1927 , filed by Plaintiff NORMA K. WHITE. (Attachments: # 1 Text of Proposed Order)(Starkey, Christopher) (Entered: 09/07/2012)
2012-09-10 138 0 ORDER granting 137 Motion for Extension of Time to File Response - Wherefore, Plaintiff is hereby granted until September 19, 2012 to file its response to defendant's 131 motion for sanctions filed August 3, 2012. Counsel should not anticipate further extensions. Signed by Judge Jane Magnus-Stinson on 9/10/2012. (JKS) (Entered: 09/10/2012)
2012-09-18 139 0 SCHEDULING ORDER: Settlement Conference set for 10/2/2012 09:00 AM in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore. On or before five (5) business days before the settlement conference, the parties shall submit (not file) a confidential settlement statement (see Order for additional information). Signed by Magistrate Judge Mark J. Dinsmore on 9/18/2012.(SWM) (Entered: 09/18/2012)
2012-09-18 140 0 MINUTE ENTRY for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 9/18/2012. The parties discussed scheduling of a settlement conference which will be set for October 2, 2012 by separate order; Defendant and its counsel may participate by telephone. In addition, the parties discussed case management deadlines. Accordingly, Plaintiff's oral motion for a further enlargement of time to respond to Defendant's motion for sanctions, [Dkt. 131], to which Defendant did not object, will be granted and Plaintiff's response to the motion for sanctions shall be filed by no later than October 5, 2012. Additionally, the deadline for the completion of non-expert discovery and discovery relating to liability issues in the parties' approved Case Management Plan is hereby enlarged to and including October 26, 2012. Signed by Magistrate Judge Mark J. Dinsmore.(SWM) (Entered: 09/19/2012)
2012-10-05 141 0 MINUTE ENTRY for proceedings held before Magistrate Judge Mark J. Dinsmore: Settlement Conference held on 10/2/2012. The parties appeared in person and by counsel. A settlement has been reached in this action. Therefore, all pending motions, if any, are now DENIED AS MOOT and all previously ordered dates relating to discovery, filings, schedules, conferences, and trial, if any, are VACATED. Within thirty (30) days of the date of this entry, counsel for the Plaintiff shall file a motion to dismiss this cause and submit an order for the Court's signature ordering the dismissal of this action or a stipulation of dismissal. Signed by Magistrate Judge Mark J. Dinsmore.(SWM) (Entered: 10/05/2012)
2012-11-02 142 0 STIPULATION of Dismissal , filed by Defendant CLASSIC DINING KENTUCKY AVENUE, INC.. (Koehler, Renee) (Entered: 11/02/2012)
2012-11-05 143 0 CLOSED DISMISSED - The 142 Stipulation of Dismissal is acknowledged. This case is dismissed with prejudice and without costs or attorneys' fees awarded by the Court to any party, all costs having been paid and all matters in controversy for which said action was brought having been fully settled, compromised and adjourned. (Marginal Notation). Signed by Judge Jane Magnus-Stinson on 11/5/2012. (JKS) (Entered: 11/05/2012)