1
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COMPLAINT for Declaratory and Injunctive Relief (Class Action) against All Defendants, filed by All Plaintiffs. (Filing fee $400, receipt number 0756−2711386) (Attachments: # 1 Exhibit 1 (Targeting Letter to CIH Waiver Recipients), # 2 Exhibit 2 (FSSA Webinar), # 3 Exhibit 3 (2011 Policy Change), # 4 Exhibit 4 (2006 Policy Statement), # 5 Exhibit 5 (Eligibility Screen), # 6 Exhibit 6 (K. Steimel Targeting Letter), # 7 Exhibit 7 (K. Steimel Eligibility Screen), # 8 Exhibit 8 (K. Steimel ICF/ID Eligibility), # 9 Civil Cover Sheet, # 10 Proposed Summons)(Rose, Gavin) (Entered: 06/14/2013)
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June 14, 2013
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June 14, 2013
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3
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MOTION to Certify Class , filed by Plaintiff KARLA STEIMEL. (Rose, Gavin) (Entered: 06/14/2013)
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June 14, 2013
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June 14, 2013
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4
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BRIEF/MEMORANDUM in Support re 3 MOTION to Certify Class , filed by Plaintiff KARLA STEIMEL. (Rose, Gavin) (Entered: 06/14/2013)
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June 14, 2013
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June 14, 2013
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5
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MOTION for Preliminary Injunction , filed by Plaintiff KARLA STEIMEL. (Rose, Gavin) (Entered: 06/14/2013)
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June 14, 2013
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June 14, 2013
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6
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Summons Issued as to FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (LBT) (Entered: 06/17/2013)
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June 17, 2013
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June 17, 2013
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7
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MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (LBT) (Entered: 06/17/2013)
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June 17, 2013
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June 17, 2013
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8
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SCHEDULING ORDER: Pretrial Conference set for 6/27/2013 at 10:00 AM in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore. The purpose of the conference is to discuss a schedule regarding the Motion for Preliminary Injunction [Dkt. 5]. Counsel for Plaintiff and Defendants, either in person or by counsel if represented, shall personally appear. Counsel for Plaintiff is to serve this order on Defendants on or before June 21, 2013. Signed by Magistrate Judge Mark J. Dinsmore on 6/18/2013.(NLR) (Entered: 06/18/2013)
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June 18, 2013
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June 18, 2013
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9
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MOTION for Discovery (Expedited) , filed by Plaintiff KARLA STEIMEL. (Attachments: # 1 Text of Proposed Order)(Rose, Gavin) (Entered: 06/19/2013)
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June 19, 2013
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June 19, 2013
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10
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BRIEF/MEMORANDUM in Support re 5 MOTION for Preliminary Injunction , filed by Plaintiff KARLA STEIMEL. (Rose, Gavin) (Entered: 06/19/2013)
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June 19, 2013
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June 19, 2013
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11
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NOTICE of Compliance with Scheduling Order of June 18, 2013 , filed by Plaintiff KARLA STEIMEL (Rose, Gavin) (Entered: 06/19/2013)
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June 19, 2013
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June 19, 2013
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12
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RETURN of Service by CMRRR, filed by All Plaintiffs. DEBRA MINOTT served on 6/18/2013. (Rose, Gavin) (Entered: 06/19/2013)
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June 19, 2013
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June 19, 2013
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13
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RETURN of Service by CMRRR, filed by All Plaintiffs. NICOLE NORVELL served on 6/18/2013. (Rose, Gavin) (Entered: 06/19/2013)
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June 19, 2013
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June 19, 2013
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14
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RETURN of Service by CMRRR, filed by All Plaintiffs. FAITH LAIRD served on 6/18/2013. (Rose, Gavin) (Entered: 06/19/2013)
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June 19, 2013
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June 19, 2013
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15
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NOTICE of Appearance by Harmony A. Mappes on behalf of Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Mappes, Harmony) (Entered: 06/24/2013)
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June 24, 2013
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June 24, 2013
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16
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NOTICE of Appearance by Ryan Michael Hurley on behalf of Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Hurley, Ryan) (Entered: 06/24/2013)
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June 24, 2013
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June 24, 2013
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17
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Joint MOTION to Stay Proceedings Temporarily and to Vacate or Continue Pretrial Conference , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL, Plaintiff KARLA STEIMEL. (Attachments: # 1 Text of Proposed Order)(Rose, Gavin) (Entered: 06/25/2013)
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June 25, 2013
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June 25, 2013
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18
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ORDER granting 17 Motion to Stay proceedings to and including 8/26/2013 and that parties shall file a Status Report on or before that date concerning which further steps, if any, they believe necessary in this case. The PTC currently scheduled for 6/27/2013 is hereby vacated. Signed by Judge Jane Magnus−Stinson on 6/25/2013.(CBU) (Entered: 06/25/2013)
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June 25, 2013
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June 25, 2013
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19
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MARGINAL ENTRY denying w/o prejudice Pltf's 9 Motion for Expedited Discovery. Signed by Magistrate Judge Mark J. Dinsmore on 7/5/2013. (SWM) (Entered: 07/05/2013)
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July 5, 2013
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July 5, 2013
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20
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STATUS REPORT (Joint) by All Parties. (Attachments: # 1 Text of Proposed Order)(Rose, Gavin) (Entered: 08/23/2013)
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Aug. 23, 2013
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Aug. 23, 2013
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22
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ORDER Extending Stay − IT IS HEREBY ORDERED that this cause shall remain stayed for a period of time to and including October 25, 2013, at which time the stay shall expire automatically. IT IS FURTHER ORDERED that the parties shall jointly file a status report on or before October 25, 2013, concerning the status of settlement negotiations in this cause, or at such time as the magistrate judge may order at the upcoming status conference. Signed by Judge Jane Magnus−Stinson on 8/28/2013. (JKS) (Entered: 08/28/2013)
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Aug. 28, 2013
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Aug. 28, 2013
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24
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MOTION to Withdraw 5 MOTION for Preliminary Injunction , filed by Plaintiff KARLA STEIMEL. (Attachments: # 1 Text of Proposed Order)(Rose, Gavin) (Entered: 09/20/2013)
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Sept. 20, 2013
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Sept. 20, 2013
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25
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MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 9/19/2013. The parties report they are continuing to discuss a possible resolution of this matter. They further report that Plaintiff will be filing a motion to withdraw the pending motion for preliminary injunction. Initial Pretrial Conference set for 10/24/2013 at 03:20 PM in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore. ***SEE ORDER FOR ADDITIONAL INFORMATION***. Signed by Magistrate Judge Mark J. Dinsmore. (NLR) (Entered: 09/23/2013)
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Sept. 23, 2013
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Sept. 23, 2013
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26
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ORDER withdrawing 5 Motion for Preliminary Injunction and granting 24 Motion to Withdraw motion for prel injunction. Signed by Magistrate Judge Mark J. Dinsmore on 9/23/2013. (CBU) (Entered: 09/23/2013)
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Sept. 23, 2013
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Sept. 23, 2013
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27
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CASE MANAGEMENT PLAN TENDERED, filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL, Plaintiff KARLA STEIMEL . (Rose, Gavin) (Entered: 10/17/2013)
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Oct. 17, 2013
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Oct. 17, 2013
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28
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MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Initial Pretrial Conference held on 10/24/2013. The parties appeared by counsel for an Initial Pretrial Conference. The Court will approve the Case Management Plan, by separate order, with the changes to which the parties have agreed.Defendant contends this matter should be dismissed and discovery herein stayed pending a ruling on Defendant's motion to dismiss. However, the pendency of Plaintiff's Motion for Class Certification [Dkt. 3] will not allow the Court to accommodate that request. Accordingly, the Court orders as follows: 1.Defendant shall respond to Plaintiff's Complaint (the Court anticipates a motion to dismiss will be filed) on or before November 1, 2013. Plaintiff shall respond to such motion on or before November 8, 2013 and Defendant shall file any reply in support of the motion on or before November 14, 2013. 2. Any prior stays of this matter are lifted and discovery in this matter shall proceed forthwith. To facilitate the discovery process, any responses to interrogatories, requests for production and/or requests for admission under Rules 33, 34 and/or 36 shall be served within 25 days after the request is served (the Court anticipates that the 3 additional days provided by Rule 6(d) will still apply when appropriate). Any written discovery and any responses thereto shall be served by either hand delivery or electronic mail with telephonic confirmation of receipt. Any voluminous documents produced that are not susceptible to transmission by electronic mail shall be produced by hand delivery or via an overnight delivery service. In the event either party files a motion to stay discovery, discovery shall not be stayed and shall proceed pursuant to this order until an order on such motion is issued. Likewise, no discovery deadlines stall be extended unless an order to that effect has been sought and obtained prior to the expiration of the deadline. 3. Plaintiff shall file a supplemental brief in support of her Motion for Class Certification [Dkt. 3] on or before January 24, 2014. Defendant shall respond to that motion on or before February 11, 2014 and Plaintiff shall file any reply in support of the motion on or before February 18,2014. 4.The requirement in Dkt. No. 22 for the parties to file a status report on or before October 25, 2013 is hereby VACATED. Status Conference set for ***See Order For Additional Information***. Signed by Magistrate Judge Mark J. Dinsmore. (NLR) (Entered: 10/25/2013)
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Oct. 25, 2013
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Oct. 25, 2013
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29
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ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED − Discovery due by 8/8/2014. Dispositive Motions due by 9/5/2014. *SEE ORDER*. Signed by Magistrate Judge Mark J. Dinsmore on 10/25/2013.(JD) (Entered: 10/25/2013)
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Oct. 25, 2013
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Oct. 25, 2013
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30
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MOTION to Dismiss for Lack of Jurisdiction − Subject Matter , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Attachments: # 1 Affidavit Luchauer Declaration, # 2 Exhibit 1 − Case Notes Excerpt)(Mappes, Harmony) (Entered: 11/01/2013)
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Nov. 1, 2013
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Nov. 1, 2013
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31
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BRIEF/MEMORANDUM in Support re 30 MOTION to Dismiss for Lack of Jurisdiction − Subject Matter , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Attachments: # 1 Luchauer Declaration, # 2 Exhibit A − Case Notes Excerpt)(Mappes, Harmony) (Entered: 11/01/2013)
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Nov. 1, 2013
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Nov. 1, 2013
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32
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MOTION to Stay Discovery , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Mappes, Harmony) (Entered: 11/01/2013)
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Nov. 1, 2013
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Nov. 1, 2013
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33
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BRIEF/MEMORANDUM in Support re 32 MOTION to Stay Discovery , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Attachments: # 1 Exhibit A − Requests for Production, # 2 Exhibit B − Interrogatories, # 3 Exhibit C − Waschevski Declaration)(Mappes, Harmony) (Entered: 11/01/2013)
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Nov. 1, 2013
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Nov. 1, 2013
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34
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SCHEDULING ORDER: This cause comes before the court on Defendants' Motion to Stay Discovery [Dkt. 32]. Plaintiff's brief in response to said motion shall be filed by no later than November 8, 2013. Defendants' brief in reply to said motion shall be filed by nolater than November 14, 2013. Signed by Magistrate Judge Mark J. Dinsmore on 11/5/2013.(CKM) (Entered: 11/05/2013)
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Nov. 5, 2013
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Nov. 5, 2013
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35
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MOTION for Extension of Time to 1/24/2014 to file response to 30 MOTION to Dismiss for Lack of Jurisdiction − Subject Matter (Conditional Motion) , filed by Plaintiff KARLA STEIMEL. (Attachments: # 1 Affidavit of Counsel)(Rose, Gavin) (Entered: 11/08/2013)
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Nov. 8, 2013
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Nov. 8, 2013
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36
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RESPONSE in Opposition re 30 MOTION to Dismiss for Lack of Jurisdiction − Subject Matter , 32 MOTION to Stay Discovery , 35 MOTION for Extension of Time to 1/24/2014 to file response to 30 MOTION to Dismiss for Lack of Jurisdiction − Subject Matter (Conditional Motion) (Response in Opposition to ECF Nos. 30 & 32; Memo. in Support of ECF No. 35) , filed by Plaintiff KARLA STEIMEL. (Attachments: # 1 Exhibit 1 (Aff. of Karla Steimel), # 2 Exhibit 2 (CIH Waiver Document))(Rose, Gavin) (Entered: 11/08/2013)
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Nov. 8, 2013
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Nov. 8, 2013
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37
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REPLY in Support of Motion re 30 MOTION to Dismiss for Lack of Jurisdiction − Subject Matter , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Mappes, Harmony) (Entered: 11/14/2013)
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Nov. 14, 2013
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Nov. 14, 2013
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38
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REPLY in Support of Motion re 32 MOTION to Stay Discovery , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Mappes, Harmony) (Entered: 11/14/2013)
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Nov. 14, 2013
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Nov. 14, 2013
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39
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RESPONSE in Opposition re 35 MOTION for Extension of Time to 1/24/2014 to file response to 30 MOTION to Dismiss for Lack of Jurisdiction − Subject Matter (Conditional Motion) , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Mappes, Harmony) (Entered: 11/14/2013)
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Nov. 14, 2013
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Nov. 14, 2013
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41
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WITHDRAWN PER DKT. 43 STIPULATION of Protective Order Governing Confidential Health Information , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL, Plaintiff KARLA STEIMEL. (Mappes, Harmony) Modified on 11/27/2013 (NLR). (Entered: 11/26/2013)
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Nov. 26, 2013
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Nov. 26, 2013
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42
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MOTION for Protective Order Governing Confidential Health Information , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Attachments: # 1 Text of Proposed Order)(Mappes, Harmony) (Entered: 11/27/2013)
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Nov. 27, 2013
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Nov. 27, 2013
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43
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MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 11/27/2013. The parties reported on the status of discovery and are working through some issues relating to production of certain information. The parties further discussed their stipulated protective order [Dkt. 41] and have agreed to withdraw it. Accordingly, the Clerk is directed to show Dkt. 41 as withdrawn. Status Conference set for 12/13/2013 at 04:00 PM in Telephonic before Magistrate Judge Mark J. Dinsmore. ****See Order For Addtional Information***. Signed by Magistrate Judge Mark J. Dinsmore. (NLR) (Entered: 11/27/2013)
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Nov. 27, 2013
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Nov. 27, 2013
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44
|
ORDER granting 42 Motion for Protective Order. Signed by Magistrate Judge Mark J. Dinsmore on 11/27/2013. (CBU) (Entered: 11/27/2013)
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Nov. 27, 2013
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Nov. 27, 2013
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46
|
MOTION to Supplement Record Concerning Motion to Dismiss , filed by Plaintiff KARLA STEIMEL. (Attachments: # 1 Exhibit Steimel Case Note (6/6/2013), # 2 Text of Proposed Order)(Rose, Gavin) (Entered: 12/12/2013)
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Dec. 12, 2013
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Dec. 12, 2013
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47
|
RESPONSE in Opposition re 46 MOTION to Supplement Record Concerning Motion to Dismiss , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Mappes, Harmony) (Entered: 12/18/2013)
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Dec. 18, 2013
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Dec. 18, 2013
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48
|
REPLY in Support of Motion re 46 MOTION to Supplement Record Concerning Motion to Dismiss , filed by Plaintiff KARLA STEIMEL. (Rose, Gavin) (Entered: 12/19/2013)
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Dec. 19, 2013
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Dec. 19, 2013
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49
|
ORDER: GRANTED 46 Motion to Supplement Record Concerning Motion to Dismiss. IT IS THEREFORE ORDERED that the plaintiffs are granted leave to supplement the record concerning the defendants' Motion to Dismiss for Lack of Subject Matter Jurisdiction, and that the "case note" attached to the plaintiffs' Motion is hereby admitted into the record and shall be considered in resolving the motion to dismiss. The Court now considers the Defendants previously filed Motion to Dismiss [dkt. 30] fully briefed. Signed by Judge Jane Magnus−Stinson on 12/20/2013. (DW) (Entered: 12/20/2013)
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Dec. 20, 2013
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Dec. 20, 2013
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50
|
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 12/13/2013. The parties reported on the status of discovery. A discussion was further held regarding Plaintiff's Motion to Supplement the Record [Dkt. 46]. After the call counsel for Defendant contacted the Court and reported they would not be objecting to Dkt. 46, but would file a response to Plaintiff's supplemental information, which response was filed at Dkt. 47. Plaintiff'sreply in support of her supplemental information was filed at Dkt. 48. Status Conference set for 12/30/2013 at 10:40 AM in Telephonic before Magistrate Judge Mark J. Dinsmore. ***See Order For Additional Information***. Signed by Magistrate Judge Mark J. Dinsmore. (NLR) (Entered: 12/23/2013)
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Dec. 23, 2013
|
Dec. 23, 2013
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52
|
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 12/30/2013. The parties discussed the status of discovery and the deadline for Plaintiff to file her amended brief in support of class certification, which she intends to meet. Status Conference set for 2/18/2014 at 03:00 PM in Telephonic before Magistrate Judge Mark J. Dinsmore. ***See Order For Additional Information***. Signed by Magistrate Judge Mark J. Dinsmore. (NLR) (Entered: 01/02/2014)
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Jan. 2, 2014
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Jan. 2, 2014
|
53
|
NOTICE of Service of Initial Disclosures , filed by Plaintiff KARLA STEIMEL. (Rose, Gavin) (Entered: 01/10/2014)
|
Jan. 10, 2014
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Jan. 10, 2014
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54
|
MOTION for Continuance of Pretrial Conference Scheduled for February 18, 2014 , filed by Plaintiff KARLA STEIMEL. (Attachments: # 1 Text of Proposed Order)(Rose, Gavin) (Entered: 01/14/2014)
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Jan. 14, 2014
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Jan. 14, 2014
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55
|
Unopposed MOTION for Extension of Time to 01/24/2014 to File Preliminary Witness and Exhibit Lists , filed by Plaintiff KARLA STEIMEL. (Attachments: # 1 Text of Proposed Order)(Rose, Gavin) (Entered: 01/14/2014)
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Jan. 14, 2014
|
Jan. 14, 2014
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56
|
ORDER granting 54 Motion for Continuance − The telephonic pretrial conference currently scheduled for 3:00 p.m. on February 18, 2014, is hereby continued to 3:00 p.m. on February 24, 2014. All other requirements of the Court's order dated 12/23/13 [Dkt. 50 ] remain in full force and effect. Signed by Magistrate Judge Mark J. Dinsmore on 1/14/2014.(JD) (Entered: 01/15/2014)
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Jan. 14, 2014
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Jan. 14, 2014
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58
|
Designation of Evidence re 3 MOTION to Certify Class , filed by Plaintiff KARLA STEIMEL. (Attachments: # 1 Exhibit 1 (Dep. of Vickie Trout), # 2 Exhibit 2 (Dep. of Debbie Pierson), # 3 Exhibit 3 (Dep. of Karen Smith−Filler), # 4 Exhibit 4 (Dep. of Matt Rodway), # 5 Exhibit 5 (Selected Dep. Exhs.) (1 of 5), # 6 Exhibit 5 (2 of 5), # 7 Exhibit 5 (3 of 5), # 8 Exhibit 5 (4 of 5), # 9 Exhibit 5 (5 of 5), # 10 Exhibit 6 (Interr. Responses), # 11 Exhibit 7 (Case Files − Terminated from A&D) (Filed Under Seal), # 12 Exhibit 8 (Case Files − Enrolled in A&D) (Filed Under Seal), # 13 Exhibit 9 (Case Files − Enrolled in CIH) (Filed Under Seal), # 14 Exhibit 10 (Aff. of Karla Steimel), # 15 Exhibit 11 (Aff. of Tamara Awald), # 16 Exhibit 12 (Aff. of Francesca Kemp), # 17 Exhibit 13 (Aff. of Lori Coldiron), # 18 Exhibit 14 (Aff. of Arlene Beckem−Reid), # 19 Exhibit 15 (Aff. of Rebecca Whaley), # 20 Exhibit 16 (Aff. of Angela Thompson), # 21 Exhibit 17 (Aff. of Sheila Walters), # 22 Exhibit 18 (Demonstr. Exh. 1 − Cross−Referencing of Clients) (Filed Under Seal), # 23 Exhibit 19 (Demonstr. Exh. 2 − Terminated from A&D Waiver) (Filed Under Seal), # 24 Exhibit 20 (Demonstr. Exh. 3 − Enrolled in A&D Waiver) (Filed Under Seal))(Rose, Gavin) (Entered: 01/24/2014)
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Jan. 24, 2014
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Jan. 24, 2014
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59
|
SEALED Evidentiary Materials , re 58 Designation of Evidence re 3 Motion to Certify Class, filed by Plaintiff KARLA STEIMEL. (Attachments: # 1 Exhibit 5 (Selected Dep. Exhs.) (1 of 2), # 2 Exhibit 5 (2 of 2), # 3 Exhibit 7 (Case Files − Terminated from A&D) (1 of 19), # 4 Exhibit 7 (2 of 19), # 5 Exhibit 7 (3 of 19), # 6 Exhibit 7 (4 of 19), # 7 Exhibit 7 (5 of 19), # 8 Exhibit 7 (6 of 19), # 9 Exhibit 7 (7 of 19), # 10 Exhibit 7 (8 of 19), # 11 Exhibit 7 (9 of 19), # 12 Exhibit 7 (10 of 19), # 13 Exhibit 7 (11 of 19), # 14 Exhibit 7 (12 of 19), # 15 Exhibit 7 (13 of 19), # 16 Exhibit 7 (14 of 19), # 17 Exhibit 7 (15 of 19), # 18 Exhibit 7 (16 of 19), # 19 Exhibit 7 (17 of 19), # 20 Exhibit 7 (18 of 19), # 21 Exhibit 7 (19 of 19), # 22 Exhibit 8 (Case Files − Enrolled in A&D) (1 of 12), # 23 Exhibit 8 (2 of 12), # 24 Exhibit 8 (3 of 12), # 25 Exhibit 8 (4 of 12), # 26 Exhibit 8 (5 of 12), # 27 Exhibit 8 (6 of 12), # 28 Exhibit 8 (7 of 12), # 29 Exhibit 8 (8 of 12), # 30 Exhibit 8 (9 of 12), # 31 Exhibit 8 (10 of 12), # 32 Exhibit 8 (11 of 12), # 33 Exhibit 8 (12 of 12), # 34 Exhibit 9 (Case Files − Enrolled in CIH) (1 of 4), # 35 Exhibit 9 (2 of 4), # 36 Exhibit 9 (3 of 4), # 37 Exhibit 9 (4 of 4), # 38 Exhibit 18 (Demonstr. Exh. 1 − Cross−Referencing of Clients), # 39 Exhibit 19 (Demonstr. Exh. 2 − Terminated from A&D Waiver), # 40 Exhibit 20 (Demonstr. Exh. 3 − Enrolled in A&D Waiver))(Rose, Gavin) Modified on 1/24/2014 (JKS). (Entered: 01/24/2014)
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Jan. 24, 2014
|
Jan. 24, 2014
|
60
|
MOTION to Amend/Correct Definition of Proposed Class , filed by Plaintiff KARLA STEIMEL. (Attachments: # 1 Text of Proposed Order)(Rose, Gavin) (Entered: 01/24/2014)
|
Jan. 24, 2014
|
Jan. 24, 2014
|
61
|
Unopposed MOTION for Extension of Time to January 31, 2014 to File Preliminary Witness and Exhibit Lists , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Attachments: # 1 Text of Proposed Order)(Mappes, Harmony) (Entered: 01/24/2014)
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Jan. 24, 2014
|
Jan. 24, 2014
|
62
|
***STRICKEN PER 71 ORDER*** BRIEF/MEMORANDUM in Support re 3 MOTION to Certify Class (Supplemental Memorandum) (Redacted Version) , filed by Plaintiff KARLA STEIMEL. (Rose, Gavin) Modified on 1/30/2014 (DW). (Entered: 01/24/2014)
|
Jan. 24, 2014
|
Jan. 24, 2014
|
63
|
***STRICKEN PER 71 ORDER*** SEALED (Supplemental Class Memorandum) (Unredacted) , re 62 Brief/Memorandum in Support of Motion, filed by Plaintiff KARLA STEIMEL. (Rose, Gavin) Modified on 1/30/2014 (DW). (Entered: 01/24/2014)
|
Jan. 24, 2014
|
Jan. 24, 2014
|
64
|
***STRICKEN PER 71 ORDER*** NOTICE of Tender of Supplemental Response in Opposition to Motion to Dismiss , filed by Plaintiff KARLA STEIMEL, re 30 MOTION to Dismiss for Lack of Jurisdiction − Subject Matter . (Attachments: # 1 Exhibit (Supplemental Memorandum in Opposition to Motion to Dismiss)) (Rose, Gavin) Modified on 1/30/2014 (DW). (Entered: 01/24/2014)
|
Jan. 24, 2014
|
Jan. 24, 2014
|
65
|
***STRICKEN PER 71 ORDER*** SEALED Notice of Tender of Supplemental Response in Opposition to Motion to Dismiss , re 64 Notice (Other), filed by Plaintiff KARLA STEIMEL. (Attachments: # 1 Exhibit (Supplemental Memorandum in Opposition to Motion to Dismiss))(Rose, Gavin) Modified on 1/30/2014 (DW). (Entered: 01/24/2014)
|
Jan. 24, 2014
|
Jan. 24, 2014
|
66
|
Witness List (Preliminary) , filed by Plaintiff KARLA STEIMEL, Exhibit List (Preliminary) , filed by Plaintiff KARLA STEIMEL. (Rose, Gavin) (Entered: 01/24/2014)
|
Jan. 24, 2014
|
Jan. 24, 2014
|
67
|
ORDER granting 61 Defendant's Motion for Extension of Time to File to 01/31/2014 to file preliminary witness and exhibit lists. Signed by Judge Jane Magnus−Stinson on 1/27/2014. (MRI) (Entered: 01/27/2014)
|
Jan. 27, 2014
|
Jan. 27, 2014
|
68
|
SCHEDULING ORDER − This matter is set for a telephone status conference on Thursday, January 30, 2014 at 11:20 a.m. Counsel shall attend the conference by calling the designated phone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Mark J. Dinsmore on 1/27/2014. (JD) (Entered: 01/27/2014)
|
Jan. 27, 2014
|
Jan. 27, 2014
|
70
|
SCHEDULING ORDER: This cause is set for a Hearing on Defendants Debra Minott, Nicole Norvell, and Faith Laird's Motion To Dismiss For Lack of Subject Matter Jurisdiction [dkt. 30] for 2/11/2014 02:00 PM in room #307, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Jane Magnus−Stinson. Counsel shall have 20 minutes per side. Signed by Judge Jane Magnus−Stinson on 1/28/2014.(MRI) (Entered: 01/28/2014)
|
Jan. 28, 2014
|
Jan. 28, 2014
|
71
|
ORDER: Accordingly, for the reasons detailed herein, the Court STRIKES Plaintiffs' supplemental brief in support of their Motion to Certify Class, [dkts. 62; 63], and Plaintiffs' supplemental response brief in opposition to Defendants' Motion to Dismiss, [dkts. 64; 65], and ORDERS Plaintiffs to file an amended supplemental brief in support of their Motion to Certify and an amended supplemental brief in opposition to Defendants' Motion to Dismiss by February 3, 2014. The Court will not require Plaintiffs to refile the exhibits already on file; however, these amended briefs must use the citation format detailed above to facilitate the Court's use of its new hyperlink program. Plaintiffs should not substantively amend their brief other than to add citations in accordance with this Order. Similarly, in the responsive briefing by Defendants they, too, should provide both proper labeling of exhibits and citations in the format detailed above. In order to cite in this manner, the exhibits will have to be filed in advance of the brief so that docket citation will be available. As is the case for Plaintiffs, Defendants must also email a Microsoft Word version of their filings to the chambers' email account: judge_stinson_chambers@insd.uscourts.gov ***SEE ORDER FOR ADDITIONAL INFORMATION***. Signed by Judge Jane Magnus−Stinson on 1/29/2014.(DW) (Entered: 01/30/2014)
|
Jan. 29, 2014
|
Jan. 29, 2014
|
72
|
Witness List − Preliminary , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL, Exhibit List − Preliminary , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Mappes, Harmony) (Entered: 01/31/2014)
|
Jan. 31, 2014
|
Jan. 31, 2014
|
73
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MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 1/30/2014. A discussion was held regarding the pending motion to dismiss and naming of a co−class representative. A discussion was further held regarding the Court's order dated 1/29/2014 [Dkt. 71]. To clarify the order, on or before February 6, 2014 Defendant shallfile any reply to Plaintiff's Supplemental Brief which was filedon 1/24/14 and ordered to be amended and re−refiled on or before2/3/14. The telephonic status conference scheduled for February 24,2014 at 3:00 p.m. is hereby VACATED and rescheduled for 4/2/2014 at 04:00 PM in Telephonic before Magistrate Judge Mark J. Dinsmore. ***See Order For Additional Information*** Signed by Magistrate Judge Mark J. Dinsmore. (NLR) (Entered: 01/31/2014)
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Jan. 31, 2014
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Jan. 31, 2014
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74
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BRIEF/MEMORANDUM in Support re 3 MOTION to Certify Class (Amended Supplemental Memorandum) , filed by Plaintiff KARLA STEIMEL. (Rose, Gavin) (Entered: 02/03/2014)
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Feb. 3, 2014
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Feb. 3, 2014
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75
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SEALED Amended Supplemental Memorandum (Unredacted) , re 74 Brief/Memorandum in Support of Motion, filed by Plaintiff KARLA STEIMEL. (Rose, Gavin) (Entered: 02/03/2014)
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Feb. 3, 2014
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Feb. 3, 2014
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77
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SEALED Notice of Tender of Amended Supplemental Rresponse in Opposition to Motion to Dismiss , re 76 Notice (Other), filed by Plaintiff KARLA STEIMEL. (Attachments: # 1 Exhibit (Amended Supplemental Memorandum in Opp. to Mot. to Dismiss))(Rose, Gavin) (Entered: 02/03/2014)
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Feb. 3, 2014
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Feb. 3, 2014
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78
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Appendix of Exhibits in Support of Reply in Support of Motion re 30 MOTION to Dismiss for Lack of Jurisdiction − Subject Matter , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Attachments: # 1 Exhibit Declaration of Lynn Jump, # 2 Exhibit Declaration of Matt Rodway, # 3 Exhibit A − Steimel CIH Application, # 4 Exhibit B − Redacted CIH Summaries)(Mappes, Harmony) (Entered: 02/06/2014)
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Feb. 6, 2014
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Feb. 6, 2014
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79
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**SEALED PER DKT. NO. 87 ** SEALED Cover Sheet , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Attachments: # 1 Exhibit B Sealed − Unredacted CIH Summaries)(Mappes, Harmony) Modified on 2/10/2014 (JD). (Entered: 02/06/2014)
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Feb. 6, 2014
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Feb. 6, 2014
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80
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MOTION to Seal Document 79 SEALED Document Exhibit B , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Attachments: # 1 Text of Proposed Order)(Mappes, Harmony) (Entered: 02/06/2014)
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Feb. 6, 2014
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Feb. 6, 2014
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81
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REPLY in Support of Motion re 30 MOTION to Dismiss for Lack of Jurisdiction − Subject Matter (Supplemental) , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Mappes, Harmony) (Entered: 02/06/2014)
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Feb. 6, 2014
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Feb. 6, 2014
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82
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Notice of *LINK BUILDER VERSION* of Docket # 74 BRIEF/MEMORANDUM in Support re 3 MOTION to Certify Class (Amended Supplemental Memorandum) (JKS) (Entered: 02/07/2014)
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Feb. 7, 2014
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Feb. 7, 2014
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83
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Notice of *LINK BUILDER VERSION* of Docket #76−1, Attachment # 1 Exhibit −Amended Supplemental Memorandum in Opp. to Mot. to Dismiss. (JKS) (Entered: 02/07/2014)
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Feb. 7, 2014
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Feb. 7, 2014
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84
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Notice of *LINK BUILDER VERSION* of Docket # 81 REPLY in Support of Motion re 30 MOTION to Dismiss for Lack of Jurisdiction − Subject Matter (Supplemental). (JKS) (Entered: 02/07/2014)
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Feb. 7, 2014
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Feb. 7, 2014
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85
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MOTION to Seal Document 75 SEALED Document, 77 SEALED Document, 63 SEALED Document, 59 SEALED Document, 65 SEALED Document [Maintain Documents Under Seal] , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Attachments: # 1 Text of Proposed Order)(Mappes, Harmony) (Entered: 02/07/2014)
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Feb. 7, 2014
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Feb. 7, 2014
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86
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MOTION to Withdraw 32 MOTION to Stay Discovery , 30 MOTION to Dismiss for Lack of Jurisdiction − Subject Matter , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Attachments: # 1 Text of Proposed Order)(Mappes, Harmony) (Entered: 02/07/2014)
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Feb. 7, 2014
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Feb. 7, 2014
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87
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ORDER granting 80 Motion to Seal Document − Filing No. 79−1, the unredacted version of Exhibit B filed in support of Defendants' Supplemental Reply in Support of Motion to Dismiss, having been accepted for filing under seal pending resolution of the Motion, shall remain under seal until further Order. Signed by Magistrate Judge Mark J. Dinsmore on 2/7/2014. (JD) (Entered: 02/10/2014)
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Feb. 7, 2014
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Feb. 7, 2014
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88
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MOTION to Intervene (Permissive) and to Join in Pending Motion for Class Certification , filed by Intervenor Plaintiffs THOMAS MAERTZ, COLTON COLE, CODY COLE, TIMOTHY KEISTER. (Attachments: # 1 Exhibit (Complaint in Intervention))(Rose, Gavin) (Entered: 02/10/2014)
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Feb. 10, 2014
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Feb. 10, 2014
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89
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BRIEF/MEMORANDUM in Support re 88 MOTION to Intervene (Permissive) and to Join in Pending Motion for Class Certification , filed by Intervenor Plaintiffs CODY COLE, COLTON COLE, TIMOTHY KEISTER, THOMAS MAERTZ. (Rose, Gavin) (Entered: 02/10/2014)
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Feb. 10, 2014
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Feb. 10, 2014
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91
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MARGINAL ENTRY − Given the Court's granting of Defendants' motion to withdraw, Court DENIES as withdrawn Defendants' Motion to Dismiss, 30 . Signed by Judge Jane Magnus−Stinson on 2/10/2014. (RSF) (Entered: 02/10/2014)
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Feb. 10, 2014
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Feb. 10, 2014
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92
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MARGINAL ENTRY − Given Defendants' withdrawal of their Motion to Dismiss, the Court DENIES as moot Plaintiffs' Motion 35 for Extension of Time. Signed by Judge Jane Magnus−Stinson on 2/10/2014. (RSF) (Entered: 02/10/2014)
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Feb. 10, 2014
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Feb. 10, 2014
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93
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MARGINAL ENTRY − Given Defendants' withdrawal of their Motion to Stay, the Court DENIES as withdrawn the Motion 32 toStay Discovery. Signed by Judge Jane Magnus−Stinson on 2/10/2014. (RSF) (Entered: 02/10/2014)
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Feb. 10, 2014
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Feb. 10, 2014
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94
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NOTICE of Appearance by Gavin Minor Rose on behalf of Intervenor Plaintiffs CODY COLE, COLTON COLE, TIMOTHY KEISTER, THOMAS MAERTZ. (Rose, Gavin) (Entered: 02/10/2014)
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Feb. 10, 2014
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Feb. 10, 2014
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95
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Appendix of Exhibits in Support of 97 Response in Opposition to Motion re 3 MOTION to Certify Class , 88 MOTION to Intervene (Permissive) and to Join in Pending Motion for Class Certification , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Attachments: # 1 Affidavit Pierson Declaration, # 2 Affidavit Rodway Declaration)(Mappes, Harmony) Modified on 2/20/2014 (JKS). (Entered: 02/19/2014)
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Feb. 19, 2014
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Feb. 19, 2014
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96
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SEALED Exhibits , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Attachments: # 1 Exhibit A − Compilation of Aging Reports, # 2 Exhibit B − DDRS Spreadsheet, # 3 Affidavit Unredacted Pierson Declaration)(Mappes, Harmony) (Entered: 02/19/2014)
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Feb. 19, 2014
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Feb. 19, 2014
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97
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RESPONSE in Opposition re 3 MOTION to Certify Class , 88 MOTION to Intervene (Permissive) and to Join in Pending Motion for Class Certification , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Mappes, Harmony) (Entered: 02/19/2014)
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Feb. 19, 2014
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Feb. 19, 2014
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98
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SEALED RESPONSE re 3 MOTION to Certify Class , 88 MOTION to Intervene (Permissive) and to Join in Pending Motion for Class Certification , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Attachments: # 1 Exhibit Unredacted Response in Opposition to Plaintiff's Motion for Class Certification)(Mappes, Harmony) (Entered: 02/19/2014)
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Feb. 19, 2014
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Feb. 19, 2014
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99
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MOTION to Seal Document 98 SEALED Response to Motion, 96 SEALED Document Exhibits , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Attachments: # 1 Text of Proposed Order)(Mappes, Harmony) (Entered: 02/19/2014)
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Feb. 19, 2014
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Feb. 19, 2014
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100
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SEALED submission for corrected Certificate of Service, re 96 Exhibits , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Attachments: # 1 Exhibit A − Compilation of Aging Reports, # 2 Exhibit B − DDRS Spreadsheet, # 3 Affidavit Unredacted Pierson Declaration)(Mappes, Harmony) Modified on 2/20/2014 (JKS). (Entered: 02/20/2014)
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Feb. 20, 2014
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Feb. 20, 2014
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101
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SEALED submission for corrected Certificate of Service re 98 RESPONSE filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Attachments: # 1 Exhibit Unredacted Response in Opposition to Plaintiff's Motion for Class Certification)(Mappes, Harmony) Modified on 2/20/2014 (JKS). (Entered:
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Feb. 20, 2014
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Feb. 20, 2014
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103
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ORDER granting Defendants' 102 Motion for Extension of Time to File response to complaint. Defendants' deadline to respond to the Complaint is extended up to and including twenty days after the Court rules on the Motion for Class Certification and Motion for Permissive Intervention. Signed by Judge Jane Magnus−Stinson on 2/25/2014. (SWM) (Entered: 02/25/2014)
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Feb. 25, 2014
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Feb. 25, 2014
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104
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Appendix of Exhibits in Support of Motion re 88 MOTION to Intervene (Permissive) and to Join in Pending Motion for Class Certification , 3 MOTION to Certify Class (Supplemental) , filed by Intervenor Plaintiffs CODY COLE, COLTON COLE, TIMOTHY KEISTER, THOMAS MAERTZ, Plaintiff KARLA STEIMEL. (Attachments: # 1 Exhibit 21 (Supp. Aff. of Karla Steimel), # 2 Exhibit 22 (Aff. of Kristie Wright), # 3 Exhibit 23 (Supp. Aff. of Tamara Awald), # 4 Exhibit Mot. for Class Cert. in McGarry v. Becher, # 5 Exhibit Entry on Class Cert. in Bowman v. IBM)(Rose, Gavin) (Entered: 02/26/2014)
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Feb. 26, 2014
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Feb. 26, 2014
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105
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REPLY in Support of Motion re 3 MOTION to Certify Class , 88 MOTION to Intervene (Permissive) and to Join in Pending Motion for Class Certification (Redacted − Public Filing) , filed by Intervenor Plaintiffs CODY COLE, COLTON COLE, TIMOTHY KEISTER, THOMAS MAERTZ, Plaintiff KARLA STEIMEL. (Rose, Gavin) (Entered: 02/26/2014)
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Feb. 26, 2014
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Feb. 26, 2014
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106
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SEALED REPLY in support of Motion re 3 MOTION to Certify Class , 88 MOTION to Intervene (Permissive) and to Join in Pending Motion for Class Certification (Unredacted − Under Seal) , filed by Intervenor Plaintiffs CODY COLE, COLTON COLE, TIMOTHY KEISTER, THOMAS MAERTZ, Plaintiff KARLA STEIMEL. (Rose, Gavin) (Entered: 02/26/2014)
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Feb. 26, 2014
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Feb. 26, 2014
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107
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SCHEDULING ORDER: This cause is set for a Hearing on the plaintiff's pending motion for class certification [dkt. 3] on March 10, 2014 at 10:00 a.m. in Room 307, U.S. Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. Counsel shall have 30 minutes per side for argument and to respond to the Court's questions. Signed by Judge Jane Magnus−Stinson on 3/3/2014.(MRI) (Entered: 03/03/2014)
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March 3, 2014
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March 3, 2014
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108
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MINUTE ORDER for proceedings held before Judge Jane Magnus−Stinson: Oral Argument held on March 10, 2014, the Court held a hearing on two pending motions: (1) Plaintiff Karla Steimel's Motion to Certify Class, [Filing No. 3], and (2) Intervenor Plaintiffs' Motion to Intervene and to Join in Pending Motion for Class Certification, [Filing No. 88]. Plaintiff Ms. Steimel and Intervenor Plaintiffs appeared by counsel Gavin Rose. Defendants appeared by counsel Harmony Mappes and Ryan Hurley, as well as in−house counsel Elizabeth Karlson. The Court Reporter was David Moxley. The parties presented argument and responded to the Court's questions, and the Court took both motions, [Filing No. 3; Filing No. 88], UNDER ADVISEMENT. Signed by Judge Jane Magnus−Stinson. (Court Reporter David Moxley.)(MRI) (Entered: 03/11/2014)
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March 11, 2014
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March 11, 2014
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109
|
ORDER granting 99 Motion to Maintain Documents Under Seal − Filing No. 96−1, Filing No. 96−2, Filing No. 96−3, and Filing No. 98−1, having been accepted for filing under seal pending resolution of the Motion, shall remain under seal until further Order. Signed by Magistrate Judge Mark J. Dinsmore on 3/12/2014. (JD) (Entered: 03/12/2014)
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March 12, 2014
|
March 12, 2014
|
110
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MOTION to Seal Document 106 SEALED Reply in support of Motion [Maintain Documents Under Seal] , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Attachments: # 1 Text of Proposed Order)(Mappes, Harmony) (Entered: 03/12/2014)
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March 12, 2014
|
March 12, 2014
|
111
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ORDER − granting 110 Motion to Seal Document 106 SEALED Reply in support of Motion. Signed by Magistrate Judge Mark J. Dinsmore on 3/13/2014. (RSF) (Entered: 03/13/2014)
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March 13, 2014
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March 13, 2014
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