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16-2549 - BEST v. STATE OF INDIANA, et al.


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16-2549 - BEST v. STATE OF INDIANA, et al.
September 12, 2017
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ORDER granting Plaintiff's 84 Motion for Leave to Exceed Ten Deposition Limit. The parties are directed to cooperate to schedule and conduct the three depositions requested by Plaintiff on or before October 6, 2017. The deadline for Plaintiff to respond to the State Defendants' Motion for Summary Judgment [Dkt. 78] is hereby enlarged to and including October 20, 2017. Signed by Magistrate Judge Mark J. Dinsmore on 9/12/2017. (SWM)
September 14, 2017
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ENTRY ON STATE DEFENDANTS' MOTION TO DISMISS - 21 Motion to Dismiss for Failure to State a Claim is granted in part and denied in part. Count I is dismissed as to the State of Indiana, IDOC, and Zatecky. Count I remains pending against Safford, Peterson, Duncan, Hurt, and King. Count II, brought against IDOC and Zatecky, is dismissed. Count III, brought against Zatecky, Peterson, Duncan, Safford, and Hurt, is dismissed. Count IV is dismissed as to IDOC and Zatecky but remains pending against Corizon and Dr. Talbot. The State of Indiana, IDOC, and Zatecky are terminated as Defendants in this matter. See entry for details. Signed by Judge Tanya Walton Pratt on 9/14/2017. (MEJ) Modified on 9/14/2017 to fix clerical error(MEJ).
April 16, 2018
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ORDER ON MOTION FOR LEAVE TO FILE LATE EXHIBIT AND MOTION TO STRIKE PLAINTIFF'S SURREPLY - The Court GRANTS Best's Motion for Leave to File Late Exhibit (Filing No. 97). Best's Amended Designation of Evidence (Filing No. 97-1) and Best's Affidavit (Filing No. 97-2) are deemed filed. Furthermore, the Court GRANTS the State Defendants' Motion to Strike Plaintiff's Surreply in Opposition to Motion for Partial Summary Judgment (Filing No. 99). Best's Surreply and evidence (Filing No. 98; Filing No. 98-1; Filing No. 98-2) are stricken from the record. Signed by Judge Tanya Walton Pratt on 4/16/2018. (BRR)
April 25, 2018
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ORDER DENYING STATE DEFENDANTS' MOTION FOR SUMMARY JUDGMENT - The State Defendants' Motion for Summary Judgment (Filing No. 78) is DENIED. On September 20, 2017, the Magistrate Judge stayed this case with the exception of discovery into and resolution of the State Defendants' Motion for Summary Judgment on the affirmative defense of failure to exhaust administrative remedies (Filing No. 92). The Court now lifts the stay. On its own motion, the Court vacates the current trial date of June 4, 2018 and final pretrial scheduled for May 10, 2018. The matter is rescheduled for final pretrial on March 13, 2019 at 2:00 p.m. in Room 330 and trial by jury on April 8, 2019 at 9:00 a.m. in Courtroom 344, Birch Bayh Federal Building and U.S. Courthouse, Indianapolis, Indiana. The parties are ordered to contact the Magistrate Judge within ten (10) days of the date of this Order to establish new case management deadlines that will facilitate the speedy resolution of this long-pending action. (See Order.) Signed by Judge Tanya Walton Pratt on 4/25/2018.(BRR)