| CASREF |
T.Z., By and Through his Parent and Legal Guardian, P.Z. v. Tippecanoe School Corporation et al Assigned to: Judge Philip P Simon Referred to: Magistrate Judge John E Martin Cause: 42:1983 Civil Rights Act |
Date Filed: 03/04/2022 Jury Demand: Plaintiff Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question |
| Mediator | ||
| William Hussmann | ||
| Plaintiff | ||
|
T.Z. By and Through his Parent and Legal Guardian, P.Z. |
represented by | Erin Bauer
Barber & Bauer LLP 124 SE First St Ste 101 Evansville, IN 47708 812-425-9211 Fax: 812-425-9216 Email: mail@barlegal.net LEAD ATTORNEY ATTORNEY TO BE NOTICED |
V. | ||
| Defendant | ||
| Tippecanoe School Corporation | represented by | Karen Glasser Sharp
Lewis & Kappes - Ind/IN One American Sq Ste 2500 Indianapolis, IN 46282-0003 317-639-1210 Fax: 317-639-4882 Email: ksharp@lewis-kappes.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Matthew S Tarkington Lewis & Kappes - Ind/IN One American Sq Ste 2500 Indianapolis, IN 46282-0003 317-639-1210 Fax: 317-639-4882 Email: mtarkington@lewis-kappes.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew R Bernlohr Lewis & Kappes - Ind/IN One American Sq Ste 2500 Indianapolis, IN 46282-0003 317-639-1210 Fax: 317-639-4882 Email: abernlohr@lewis-kappes.com TERMINATED: 02/01/2023 Sara R Blevins Lewis & Kappes - Ind/IN One American Sq Ste 2500 Indianapolis, IN 46282-0003 317-639-1210 Fax: 317-639-4882 Email: sarablevins@hotmail.com TERMINATED: 10/25/2022 |
| Defendant | ||
| Greater Lafayette Area Special Services | represented by | Karen Glasser Sharp
(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Matthew S Tarkington (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Sara R Blevins (See above for address) TERMINATED: 10/25/2022 LEAD ATTORNEY Andrew R Bernlohr (See above for address) TERMINATED: 02/01/2023 |
| Defendant | ||
|
Dr. Scott Hanback In His Individual Capacity |
represented by | Karen Glasser Sharp
(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Matthew S Tarkington (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew R Bernlohr (See above for address) TERMINATED: 02/01/2023 ATTORNEY TO BE NOTICED Sara R Blevins (See above for address) TERMINATED: 10/25/2022 |
| Defendant | ||
|
Michael Gabauer In His Individual Capacity |
represented by | Karen Glasser Sharp
(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Matthew S Tarkington (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew R Bernlohr (See above for address) TERMINATED: 02/01/2023 Sara R Blevins (See above for address) TERMINATED: 10/25/2022 |
| Defendant | ||
|
Lesley Dause In her Individual Capacity |
represented by | Karen Glasser Sharp
(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Matthew S Tarkington (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew R Bernlohr (See above for address) TERMINATED: 02/01/2023 Sara R Blevins (See above for address) TERMINATED: 10/25/2022 |
| Defendant | ||
|
Clinton Wilson In his Individual Capacity |
represented by | Karen Glasser Sharp
(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Matthew S Tarkington (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew R Bernlohr (See above for address) TERMINATED: 02/01/2023 Sara R Blevins (See above for address) TERMINATED: 10/25/2022 |
| Defendant | ||
|
Jeffrey Toll In his Individual Capacity |
represented by | Karen Glasser Sharp
(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Matthew S Tarkington (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew R Bernlohr (See above for address) TERMINATED: 02/01/2023 Sara R Blevins (See above for address) TERMINATED: 10/25/2022 |
| Defendant | ||
|
Courtlon Peters In his Individual Capacity |
represented by | Karen Glasser Sharp
(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Matthew S Tarkington (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew R Bernlohr (See above for address) TERMINATED: 02/01/2023 Sara R Blevins (See above for address) TERMINATED: 10/25/2022 |
| Defendant | ||
|
Kelly Vanderwal In her Individual Capacity |
represented by | Karen Glasser Sharp
(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Matthew S Tarkington (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew R Bernlohr (See above for address) TERMINATED: 02/01/2023 Sara R Blevins (See above for address) TERMINATED: 10/25/2022 |
| Defendant | ||
|
Ashley Achgill In her Individual Capacity |
represented by | Karen Glasser Sharp
(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Matthew S Tarkington (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew R Bernlohr (See above for address) TERMINATED: 02/01/2023 Sara R Blevins (See above for address) TERMINATED: 10/25/2022 |
| Defendant | ||
|
Marrissa Parker In her Individual Capacity |
represented by | Karen Glasser Sharp
(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Matthew S Tarkington (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew R Bernlohr (See above for address) TERMINATED: 02/01/2023 Sara R Blevins (See above for address) TERMINATED: 10/25/2022 |
| Defendant | ||
|
Kelly Gabauer In her Individual Capacity |
represented by | Karen Glasser Sharp
(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Matthew S Tarkington (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew R Bernlohr (See above for address) TERMINATED: 02/01/2023 Sara R Blevins (See above for address) TERMINATED: 10/25/2022 |
| Defendant | ||
| Jane Does 1-10 | ||
| Defendant | ||
| John Does 1-10 | ||
| Date Filed | # | Docket Text |
|---|---|---|
| 03/04/2022 | 1 | COMPLAINT against All Defendants (Filing fee $402, receipt number AINNDC-4849768), filed by T.Z., By and Through his Parent and Legal Guardian, P.Z. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons). (Bauer, Erin) (Entered: 03/04/2022) |
| 03/04/2022 | 2 | NOTICE of Appearance by Erin Bauer on behalf of T.Z., By and Through his Parent and Legal Guardian, P.Z. (Bauer, Erin) (Entered: 03/04/2022) |
| 03/07/2022 | Judge Philip P Simon and Magistrate Judge John E Martin added. NEW CASE. (nal) (Entered: 03/07/2022) | |
| 03/07/2022 | 3 | Summons Issued as to Ashley Achgill, Lesley Dause, Kelly Gabauer, Michael Gabauer, Greater Lafayette Area Special Services, Dr. Scott Hanback, Marrissa Parker, Courtlon Peters, Tippecanoe School Corporation, Jeffrey Toll, Kelly Vanderwall and Clinton Wilson. 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. (nal) (Entered: 03/07/2022) |
| 03/22/2022 | 4 | NOTICE of Appearance by Sara R Blevins on behalf of Ashley Achgill, Lesley Dause, Kelly Gabauer, Michael Gabauer, Greater Lafayette Area Special Services, Dr. Scott Hanback, Marrissa Parker, Courtlon Peters, Tippecanoe School Corporation, Jeffrey Toll, Kelly Vanderwal, Clinton Wilson (Blevins, Sara) (Entered: 03/22/2022) |
| 03/22/2022 | 5 | NOTICE of Appearance by Karen Glasser Sharp on behalf of Ashley Achgill, Lesley Dause, Kelly Gabauer, Michael Gabauer, Greater Lafayette Area Special Services, Dr. Scott Hanback, Marrissa Parker, Courtlon Peters, Tippecanoe School Corporation, Jeffrey Toll, Kelly Vanderwal, Clinton Wilson (Sharp, Karen) (Entered: 03/22/2022) |
| 03/22/2022 | 6 | AGREED NOTICE to extend time to file answer filed by Ashley Achgill, Lesley Dause, Kelly Gabauer, Michael Gabauer, Greater Lafayette Area Special Services, Dr. Scott Hanback, Marrissa Parker, Courtlon Peters, Tippecanoe School Corporation, Jeffrey Toll, Kelly Vanderwal, Clinton Wilson ; answer due by April 28, 2022. (Sharp, Karen) (Entered: 03/22/2022) |
| 03/23/2022 | Reset Answer deadline pursuant to 6 Agreed Notice. (rmf) (Entered: 03/23/2022) | |
| 04/06/2022 | 7 | Proposed Summons filed by T.Z.. (Bauer, Erin) (Entered: 04/06/2022) |
| 04/07/2022 | 8 | ORDER: Each party and each attorney in this case shall take reasonable steps to preserve electronically stored information (ESI) that is relevant to any claim or defense in this case, whether or not the information is admissible at trial. This requirement relates back to the point in time when the party or attorney reasonably anticipated litigation about these matters. Text entry order. By Magistrate Judge John E Martin on 4/7/2022. (smb) (Entered: 04/07/2022) |
| 04/07/2022 | 9 | **DOCKETED IN ERROR** ALIAS SUMMONS ISSUED as to Courtlon Peters, Jeffrey Toll. 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. (shk) Modified on 4/7/2022 (shk). (Entered: 04/07/2022) |
| 04/07/2022 | 10 | Proposed Summons filed by T.Z.. (Bauer, Erin) (Entered: 04/07/2022) |
| 04/07/2022 | 11 | Proposed Summons filed by T.Z.. (Bauer, Erin) (Entered: 04/07/2022) |
| 04/08/2022 | 12 | ALIAS SUMMONS ISSUED as to Courtlon Peters, Jeffrey Toll. 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. (Attachments: # 1 Jeffrey Toll Summons)(asd) (Entered: 04/08/2022) |
| 04/22/2022 | 13 | AFFIDAVIT of Service for Complaint for Damages, Summons, Civil Cover Sheet, and Appearance served on Dr. Scott Hanback, Tippecanoe School Corporation, Michael Gabauer, Clinton Wilson, Kelly Vanderwall, Marrissa Parker, Kelly Gabauer, Ashley Achgill, and Lesley Dause on March 11, 2022, filed by T.Z.. (Attachments: # 1 Exhibit Green Cards)(Bauer, Erin) (Entered: 04/22/2022) |
| 04/22/2022 | 14 | AFFIDAVIT of Service for Complaint for Damages, Summons, Civil Cover Sheet, and Appearance served on Greater Lafayette Area Special Services on March 10, 2022, filed by T.Z.. (Attachments: # 1 Exhibit Green Card)(Bauer, Erin) (Entered: 04/22/2022) |
| 04/22/2022 | 15 | AFFIDAVIT of Service for Complaint for Damages, Summons, Civil Cover Sheet, and Appearance served on Jeffrey Toll on April 14, 2022, filed by T.Z.. (Attachments: # 1 Exhibit Green Card)(Bauer, Erin) (Entered: 04/22/2022) |
| 04/22/2022 | 16 | AFFIDAVIT of Service for Complaint for Damages, Alias Summons, Civil Cover Sheet, and Appearance served on Courtlon Peters on April 18, 2022, filed by T.Z.. (Attachments: # 1 Exhibit Green Card)(Bauer, Erin) (Entered: 04/22/2022) |
| 04/27/2022 | 17 | MOTION for Extension of Time to File Answer re 6 Agreed Notice to Extend Time to File Answer, 1 Complaint to May 11, 2022 by Defendants Ashley Achgill, Lesley Dause, Kelly Gabauer, Michael Gabauer, Greater Lafayette Area Special Services, Dr. Scott Hanback, Marrissa Parker, Courtlon Peters, Tippecanoe School Corporation, Jeffrey Toll, Kelly Vanderwal, Clinton Wilson. (Blevins, Sara) (Entered: 04/27/2022) |
| 04/28/2022 | 18 | ORDER granting 17 Motion for Extension of Time to Answer re 1 Complaint to May 11, 2022 All Defendants. Approved by Magistrate Judge John E Martin on 4/28/2022. No pdf attached.(cp) (Entered: 04/28/2022) |
| 05/03/2022 | 19 | ORDER & NOTICE OF HEARING: Telephonic Rule 16 Preliminary Pretrial Conference set for 6/9/2022 10:30 AM Central before Magistrate Judge John E Martin. Parties' proposed joint discovery plan in accordance with FRCP 26(f) due by 6/3/2022. Signed by Magistrate Judge John E Martin on 5/3/2022. (smb) (Entered: 05/03/2022) |
| 05/03/2022 | 20 | MAGISTRATE JUDGE CONSENT FORMS sent to all parties. (smb) (Entered: 05/03/2022) |
| 05/03/2022 | 21 | MOTION to Continue by Plaintiff T.Z.. (Attachments: # 1 Exhibit Proposed Order)(Bauer, Erin) (Entered: 05/03/2022) |
| 05/04/2022 | 22 | ORDER granting 21 MOTION to Continue filed by T.Z. Telephonic Rule 16 Preliminary Pretrial Conference on 6/9/2022 is RESET to 6/16/2022 09:30 AM Central before Magistrate Judge John E Martin. Parties' proposed joint discovery plan in accordance with FRCP 26(f) now due 6/10/2022. Text entry. By Magistrate Judge John E Martin on 5/4/2022. (smb) (Entered: 05/04/2022) |
| 05/11/2022 | 23 | ANSWER to 1 Complaint by Ashley Achgill, Lesley Dause, Kelly Gabauer, Michael Gabauer, Greater Lafayette Area Special Services, Dr. Scott Hanback, Marrissa Parker, Courtlon Peters, Tippecanoe School Corporation, Jeffrey Toll, Kelly Vanderwal, Clinton Wilson.(Blevins, Sara) (Entered: 05/11/2022) |
| 05/11/2022 | 24 | MOTION for Judgment on the Pleadings by Defendants Ashley Achgill, Lesley Dause, Kelly Gabauer, Michael Gabauer, Greater Lafayette Area Special Services, Dr. Scott Hanback, Marrissa Parker, Courtlon Peters, Tippecanoe School Corporation, Jeffrey Toll, Kelly Vanderwal, Clinton Wilson. (Blevins, Sara) (Entered: 05/11/2022) |
| 05/11/2022 | 25 | BRIEF in Support of 24 MOTION for Judgment on the Pleadings filed by Lesley Dause, Kelly Vanderwal, Greater Lafayette Area Special Services, Jeffrey Toll, Tippecanoe School Corporation, Ashley Achgill, Clinton Wilson, Dr. Scott Hanback, Kelly Gabauer, Marrissa Parker, Courtlon Peters, Michael Gabauer. (Blevins, Sara) (Entered: 05/11/2022) |
| 05/19/2022 | 26 | MOTION for Extension of Time to File Response/Reply as to 24 MOTION for Judgment on the Pleadings , 25 Brief in Support, by Plaintiff T.Z.. (Attachments: # 1 Exhibit Proposed Order)(Bauer, Erin) (Entered: 05/19/2022) |
| 05/20/2022 | 27 | ORDER granting 26 Motion for Extension of Time to File Response/Reply as to 24 MOTION for Judgment on the Pleadings, 25 Brief in Support. Response to be filed by 6/27/2022 Reply to be filed by 7/5/2022.Approved by Magistrate Judge John E Martin on 5/20/2022. No pdf attached.(cp) (Entered: 05/20/2022) |
| 05/26/2022 | 28 | REPORT of Rule 26(f) Planning Meeting. (Blevins, Sara) (Entered: 05/26/2022) |
| 05/27/2022 | 29 | SCHEDULING ORDER: The Court hereby ORDERS Rule 26(a)(1) initial exchanges must be completed, but not filed with the Court, by 8/1/2022; Plaintiff's deadline to seek leave to amend the pleadings is 12/1/2022; Defendants' deadline to seek leave to amend the pleadings is 1/2/2023; The deadline to complete all fact and expert discovery is 10/2/2023; Plaintiff's expert witness disclosures and reports are to be provided to Defendants by 3/1/2023; Defendants expert witness disclosures and reports are to be provided to Plaintiff by 6/1/2023; Rule 26(e) supplements are due by 9/1/2023; the Court APPROVES the parties' selection of William Hussmann as mediator, with mediation to be completed and a report filed by 10/2/2023; and the deadline for parties to review and return either the consent to or the declination of the exercise of jurisdiction by a United States Magistrate Judge is extended to 6/17/2022. The Court VACATES the Preliminary Pretrial Conference currently scheduled for 6/16/2022. Signed by Magistrate Judge John E Martin on 5/27/2022. (asd) (Entered: 05/27/2022) |
| 06/06/2022 | 30 | Consent MOTION for Extension of Time to File Response/Reply as to 24 MOTION for Judgment on the Pleadings , 25 Brief in Support, 29 Scheduling Order,,,,, Terminate Deadlines and Hearings,,,, to July 12, 2022 by Defendants Ashley Achgill, Lesley Dause, Kelly Gabauer, Michael Gabauer, Greater Lafayette Area Special Services, Dr. Scott Hanback, Marrissa Parker, Courtlon Peters, Tippecanoe School Corporation, Jeffrey Toll, Kelly Vanderwal, Clinton Wilson. (Blevins, Sara) (Entered: 06/06/2022) |
| 06/07/2022 | 31 | ORDER granting 30 Motion for Extension of Time to File Response/Reply as to 24 MOTION for Judgment on the Pleadings. Reply to be filed by 7/12/2022.Approved by Magistrate Judge John E Martin on 6/7/2022. No pdf attached.(cp) (Entered: 06/07/2022) |
| 06/15/2022 | 32 | MOTION for Leave to File Excess Pages by Plaintiff T.Z.. (Attachments: # 1 Proposed Order)(Bauer, Erin) (Entered: 06/15/2022) |
| 06/15/2022 | 33 | Second MOTION for Extension of Time to File Response/Reply as to 24 MOTION for Judgment on the Pleadings , 25 Brief in Support, by Plaintiff T.Z.. (Attachments: # 1 Proposed Order)(Bauer, Erin) (Entered: 06/15/2022) |
| 06/16/2022 | 34 | ORDER granting 32 Motion for Leave to File Excess Pages. Approved by Magistrate Judge John E Martin on 6/16/2022. No pdf attached.(cp) (Entered: 06/16/2022) |
| 06/16/2022 | 35 | ORDER granting 33 Motion for Extension of Time to File Response/Reply re 24 MOTION for Judgment on the Pleadings. Response to be filed by 7/11/2022 Reply to be filed by 7/18/2022.Approved by Magistrate Judge John E Martin on 6/16/2022. No pdf attached.(cp) (Entered: 06/16/2022) |
| 07/08/2022 | 36 | RESPONSE to Motion re 24 MOTION for Judgment on the Pleadings filed by T.Z.. (Bauer, Erin) (Entered: 07/08/2022) |
| 07/17/2022 | 37 | REPLY to Response to Motion re 24 MOTION for Judgment on the Pleadings filed by Ashley Achgill, Lesley Dause, Kelly Gabauer, Michael Gabauer, Greater Lafayette Area Special Services, Dr. Scott Hanback, Marrissa Parker, Courtlon Peters, Tippecanoe School Corporation, Jeffrey Toll, Kelly Vanderwal, Clinton Wilson. (Blevins, Sara) (Entered: 07/17/2022) |
| 10/24/2022 | 38 | MOTION to Withdraw as Attorney - Sara R. Blevins by Defendants Ashley Achgill, Lesley Dause, Kelly Gabauer, Michael Gabauer, Greater Lafayette Area Special Services, Dr. Scott Hanback, Marrissa Parker, Courtlon Peters, Tippecanoe School Corporation, Jeffrey Toll, Kelly Vanderwal, Clinton Wilson. (Blevins, Sara) (Entered: 10/24/2022) |
| 10/25/2022 | 39 | ORDER granting 38 Motion to Withdraw as Attorney. Attorney Sara R Blevins ORDERED WITHDRAWN from case. Attorney Karen Glasser Sharp remains counsel for Defendants. Text entry order. By Magistrate Judge John E Martin on 10/25/2022. (smb) (Entered: 10/25/2022) |
| 12/13/2022 | 40 | NOTICE of Appearance by Andrew Bernlohr on behalf of Ashley Achgill, Lesley Dause, Kelly Gabauer, Michael Gabauer, Greater Lafayette Area Special Services, Dr. Scott Hanback, Marrissa Parker, Courtlon Peters, Tippecanoe School Corporation, Jeffrey Toll, Kelly Vanderwal, Clinton Wilson (Bernlohr, Andrew) (Entered: 12/13/2022) |
| 01/25/2023 | 41 | OPINION AND ORDER granting in part and denying in part 24 Motion for Judgment. Plaintiffs' claim against Vanderwal for violation of Title II of the Americans with Disabilities Act (Count 2) is DISMISSED WITH PREJUDICE for failure to state aclaim. Plaintiffs' claims under 42 U.S.C. § 1983 for denial of substantive due process (Counts 3, 4) are DISMISSED WITHOUT PREJUDICE. In all other respects themotion is DENIED. Signed by Judge Philip P Simon on 1/25/23. (nal) (Entered: 01/25/2023) |
| 01/31/2023 | 42 | NOTICE of Appearance by Matthew S Tarkington on behalf of Ashley Achgill, Lesley Dause, Kelly Gabauer, Michael Gabauer, Greater Lafayette Area Special Services, Dr. Scott Hanback, Marrissa Parker, Courtlon Peters, Tippecanoe School Corporation, Jeffrey Toll, Kelly Vanderwal, Clinton Wilson (Tarkington, Matthew) (Entered: 01/31/2023) |
| 01/31/2023 | 43 | MOTION to Withdraw as Attorney by Defendants Ashley Achgill, Lesley Dause, Kelly Gabauer, Michael Gabauer, Greater Lafayette Area Special Services, Dr. Scott Hanback, Marrissa Parker, Courtlon Peters, Tippecanoe School Corporation, Jeffrey Toll, Kelly Vanderwal, Clinton Wilson. (Bernlohr, Andrew) (Entered: 01/31/2023) |
| 02/01/2023 | 44 | ORDER granting 43 Motion to Withdraw as Attorney. Attorney Andrew R Bernlohr ORDERED WITHDRAWN on behalf of Defendants. Defts will continue to be represented by Attorney Karen Glasser Sharp. Text order entry. By Magistrate Judge John E Martin on 2/1/2023. (smb) (Entered: 02/01/2023) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 02/02/2023 17:38:39 | |||
| PACER Login: | pw0154 | Client Code: | |
| Description: | Docket Report | Search Criteria: | 4:22-cv-00016-PPS-JEM |
| Billable Pages: | 10 | Cost: | 1.00 |