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Filed: 2/2/2017, Entered: None |
Unknown Document Type |
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CASE DISMISSED WITH PREJUDICE pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure and the 88 stipulation. (saj)
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 Request |
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Filed: 8/19/2016, Entered: None |
Unknown Document Type |
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Magistrate Judge Michael G Gotsch, Sr added. Magistrate Judge Christopher A Nuechterlein no longer assigned to case. (slm)
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Request |
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Filed: 6/7/2016, Entered: None |
Unknown Document Type |
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Set Deadlines/Hearings: Deficiency (filing fee) to be cured by 7/8/2016, (mlc)
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Request |
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Filed: None, Entered: None |
Dismissal Notice to Parties Pursuant to Rule 41a1 |
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CASE DISMISSED WITH PREJUDICE pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure and the [88] stipulation. (saj)
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| 88 |
Filed: 2/1/2017, Entered: 2/1/2017, Terminated: 2/2/2017 |
Stipulation to Dismiss |
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Joint STIPULATION to Dismiss by Defendants Pete Buttigieg, South Bend City of. (DeRose, Aladean)
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Request |
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| 87 |
Filed: 1/26/2017, Entered: 1/26/2017 |
Order |
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ORDER - Pursuant to the [86] Notice of Settlement, this case has settled. Therefore, the defendants deadline for the filing of their answer is hereby vacated and the parties are given until 2/27/2017 to file the dismissal papers. This is a text-only order by Judge Jon E DeGuilio on 1/26/2017. (saj)
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Request |
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| 86 |
Filed: 1/26/2017, Entered: 1/26/2017 |
Notice of settlement |
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NOTICE of Settlement by Pete Buttigieg, South Bend City of (DeRose, Aladean)
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Request |
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| 85 |
Filed: 1/5/2017, Entered: 1/9/2017 |
Amended Complaint |
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VERIFIED AMENDED COMPLAINT against Pete Buttigieg, South Bend City offiled by Andrew U. D. Straw. (Attachments: # (1) Exhibit 1 - Tinker case, # (2) Exhibit 2 - FHWA Letter of Findings dated 7-1-2016, # (3) Exhibit 2.1 - FHWA Email dated 11-18-2016, # (4) Exhibit 3 - Parker case, # (5) Exhibit 4 - Barden case, # (6) Exhibit 5 - Affidavit re Andrew Straw's Disabilities, # (7) Exhibit 6 - Right Pelvis X-ray of Andrew Straw 2001, # (8) Exhibit 7 - Left leg-ankle X-ray 2001, # (9) Exhibit 8 - MRI of Right Pelvis 2001, # (10) Exhibit 9 - Xray of total hip replacement 2012, # (11) Exhibit 10 - X-ray of left leg-ankle, OSMC 2016, # (12) Exhibit 11 - Andrew Straw's Current Illinois Handicap Placard, Permanent, # (13) Exhibit 12 - Memorandum of Law on Standing, # (14) Exhibit 13 - Photos of County City-Building handicap parking taken 5-30-2016, # (15) Exhibit 14 - Photos of South Bend Democratic Headquarters parking lot and entra, # (16) Exhibit 15 - Photos of WNIT Building handicap parking taken 5-30-2016, # (17) Exhibit 16 - Photos of Trigon Building handicap parking taken 5-30-2016, # (18) Exhibit 17 - Photos of South Bend Federal Court Building and lack of adjacent h, # (19) Exhibit 18 - Photos of handicap parking and sidewalks in residential areas of S, # (20) Exhibit 19 - DeRose letter dated 1-7-2015, # (21) Exhibit 20 - Straw email dated 4-19-2015, # (22) Exhibit 21 - DeRose letter dated 1-7-2015, # (23) Exhibit 22 - Straw Complaint RE SB Democratic HQ & Ramp, # (24) Exhibit 23 - Affidavit RE photos and other exhibits, # (25) Exhibit 24 - State case counterclaim filed 11-17-2016, # (26) Exhibit 25 - Case docket state case, # (27) Exhibit 26 - Email to Stephanie Nemeth re counterclaim 11-17-2016, # (28) Exhibit 27 - Judgment on the Pleadings state case dated 12-8-2016, # (29) Exhibit 27.A - Straw Email to Nemeth, # (30) Exhibit 27.B - Straw Email to Nemeth and Agostino, # (31) Exhibit 27.C - Nemeth Email to Straw 8-8-2016, # (32) Exhibit 28 - Hummel case 7th Circuit 2016).(cer)
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Request |
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| 84 |
Filed: 1/9/2017, Entered: 1/9/2017 |
Order |
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ORDER STRIKING [83] AMENDED COMPLAINT filed by Plaintiff Andrew U. D. Straw. Clerk DIRECTED to file Plaintiff's proposed Amended Complaint and Exhibits (DE [78-1] through [78-33]). Plaintiff's Amended Complaint and Exhibits are DEEMED filed 1/5/2017. Defendants have until 1/26/2017 to respond to the Amended Complaint. Signed by Magistrate Judge Michael G Gotsch, Sr on 1/9/17. (cer)
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Request |
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| 83 |
Filed: 1/5/2017, Entered: 1/5/2017 |
Amended Complaint |
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STRICKEN PURSUANT TO COURT ORDER DATED 1/9/17, DE [84]. AMENDED COMPLAINT , with added exhibit 29 (Hearing Transcript), as promised, and adjustments from 12/9/2016 as to date, and including demand for protection against City Attorney DeRose under 42 USC 1986, against Pete Buttigieg, South Bend City of, filed by Andrew U. D. Straw. (Attachments: # (1) Exhibit 1 - FHWA Email Dated 11/18/2016, # (2) Exhibit 2.0 - FHWA Letter of Findings Dated 7/1/2016, # (3) Exhibit 2.1 - FHWA Email, 11/18/2016, # (4) Exhibit 3 - Parker case, 1st Circuit, # (5) Exhibit 4 - Barden case, 9th Circuit, # (6) Affidavit 5 - Affidavit re Andrew Straw's Disabilities, # (7) Exhibit 6 - X-ray, Straw's right hip joint and pelvis, # (8) Exhibit 7 - X-ray, Straw's left leg and ankle, # (9) Exhibit 8 - MRI of Straw's pelvis, # (10) Exhibit 9 - Straw's 2012 total hip replacement, # (11) Exhibit 10 - X-ray of Straw's left leg, ankle, # (12) Exhibit 11 - Straw's Illinois handicap placard, Exp 2018, # (13) Exhibit 12 - Memorandum of Law on Standing, # (14) Exhibit 13 - Photos of County-City Building handicap parking, 5/30/2016, # (15) Exhibit 14 - Photos of South Bend Democratic HQ parking and entrances, 5/30/2016, # (16) Exhibit 15 - Photos of SB WNIT handicap parking on street, 5/30/2016, # (17) Exhibit 16 - Photos of handicap parking in front of SB Trigon Building, 5/30/2016, # (18) Exhibit 17 - Photos of parking around South Bend Federal Courthouse Building, 5/30/2016, # (19) Exhibit 18 - Photos of alleged ADA violations in South Bend, additional, 11/9/2016, # (20) Exhibit 19 - Letter DeRose, 01/07/2015, # (21) Exhibit 19.1 - Letter DeRose, 01/07/2016, # (22) Exhibit 20 - Letter 04/19/2015, # (23) Exhibit 21 - SB Letter to Straw, 2015, # (24) Exhibit 22 - Straw's complaint re: Democratic HQ parking, # (25) Affidavit 23 - Straw's Affidavit RE Exhibits, # (26) Exhibit 24 - Straw counterclaim in DeRose v Straw state case, # (27) Exhibit 25 - Case docket, CCS entries in DeRose v Straw, 12/08/2016, # (28) Exhibit 26 - Straw email to Nemeth, 11/17/2016, # (29) Exhibit 27.A - Straw Email to Stephanie Nemeth, # (30) Exhibit 27.B - Straw Email to Stephanie Nemeth and Peter Agostino, 11/29/2016, # (31) Exhibit 27.C - Stephanie Nemeth Email to Straw on 08/08/2016, # (32) Exhibit 28 - Hummel Case, 7th Circuit, 2016, # (33) Exhibit 29 - Transcript of DeRose v Straw hearing held 11/28/2016). (Straw, Andrew). Modified on 1/9/2017. (cer)
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Request |
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| 82 |
Filed: 1/4/2017, Entered: 1/5/2017 |
Order |
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ORDER GRANTING [78] MOTION to Amend/Correct--Seeking Leave to File to Oppose Disability Violations and Discrimination, Inter Alia, by Plaintiff Andrew U. D. Straw; STRIKING [79] MOTION (First) for Declaratory Judgment, Sought to Declare that Defendants Have not Answered or Defended, and Seeking Appropriate Relief, by Plaintiff Andrew U. D. Straw. Plaintiff has until 1/11/2017 to file, by separate entry, his Amended Complaint. Consistent with the Court's previous Order, any pleadings or filings not explicitly permitted above are PROHIBITED without further permission of the Court and will be summarily stricken if filed. As Defendant's [80] MOTION to Clarify Status and Plaintiff's [81] REPLY to Motion both related to Plaintiff's now stricken [79] MOTION (First) for Declaratory Judgment, they are now MOOT and STRICKEN. Signed by Magistrate Judge Michael G Gotsch, Sr on 1/4/17. (cer)
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Request |
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| 81 |
Filed: 1/3/2017, Entered: 1/3/2017 |
Reply to Response to motion |
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STRICKEN PURSUANT TO COURT ORDER DATED 1/4/17, DE [82]. REPLY to Response to Motion re [79] First MOTION for Declaratory Judgment , sought to declare that defendants have not answered or defended, and seeking appropriate relief, filed by Andrew U. D. Straw. (Attachments: # (1) Exhibit 1 - Hearing Transcript in DeRose v. Straw).(Straw, Andrew). Modified on 1/5/2017. (cer)
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Request |
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| 80 |
Filed: 1/3/2017, Entered: 1/3/2017 |
Response to motion |
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STRICKEN PURSUANT TO COURT ORDER DATED 1/4/17, DE [82]. RESPONSE to Motion re [79] First MOTION for Declaratory Judgment , sought to declare that defendants have not answered or defended, and seeking appropriate relief, filed by Pete Buttigieg, South Bend City of. (DeRose, Aladean). Modified on 1/5/2017. (cer)
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Request |
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| 79 |
Filed: 12/30/2016, Entered: 12/30/2016, Terminated: 1/4/2017 |
Motion for Declaratory Judgment |
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STRICKEN PURSUANT TO COURT ORDER DATED 1/4/17, DE [82]. First MOTION for Declaratory Judgment , sought to declare that defendants have not answered or defended, and seeking appropriate relief, by Plaintiff Andrew U. D. Straw. (Straw, Andrew). Modified on 1/5/2017. (cer)
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Request |
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| 78 |
Filed: 12/9/2016, Entered: 12/9/2016, Terminated: 1/4/2017 |
Motion to Amend/Correct |
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MOTION to Amend/Correct [77] Order,, [75] Opinion and Order,,,,,, Terminate Motions,,,,,, Set Deadlines,,,,, seeking leave to file to oppose disability violations and discrimination, inter alia, by Plaintiff Andrew U. D. Straw. (Attachments: # (1) Exhibit Verified Amended Complaint, # (2) Exhibit 1 - Tinker case, # (3) Exhibit 2 - FHWA Letter of Findings, dated 7/1/2016, # (4) Exhibit 2.1 - FHWA Email, dated 11/18/2016, # (5) Exhibit 3 - Parker case, # (6) Exhibit 4 - Barden case, # (7) Affidavit 5 - Affidavit re Andrew Straw's Disabilities, # (8) Exhibit 6 - Right Pelvis X-ray of Andrew Straw, 2001, # (9) Exhibit 7 - Left leg/ankle X-ray, 2001, # (10) Exhibit 8 - MRI of Right Pelvis, 2001, # (11) Exhibit 9 Xray of total hip replacement, 2012, # (12) Exhibit 10 - X-ray of left leg/ankle, OSMC, 2016, # (13) Exhibit 11 - Andrew Straw's Current Illinois Handicap Placard, Permanent, # (14) Exhibit 12 - Memorandum of Law on Standing, # (15) Exhibit 13 - Photos of County-City Building handicap parking, taken 5/30/2016, # (16) Exhibit 14 - Photos of South Bend Democratic Headquarters parking lot and entrances, taken 5/30/2016, # (17) Exhibit 15 - Photos of WNIT Building handicap parking, taken 5/30/2016, # (18) Exhibit 16 - Photos of Trigon Building handicap parking, taken 5/30/2016, # (19) Exhibit 17 - Photos of South Bend Federal Court Building and lack of adjacent handicap parking, taken 5/30/2016, # (20) Exhibit 18 - Photos of handicap parking and sidewalks in residential areas of South Bend, taken 11/9/2016, # (21) Exhibit 19 - DeRose letter, dated 1/7/2015, # (22) Exhibit 20 - Straw email, dated 4/19/2015, # (23) Exhibit 21 - DeRose letter, dated 1/7/2015, # (24) Exhibit 22 - Straw Complaint RE SB Democratic HQ & Ramp, # (25) Affidavit 23 - Affidavit RE photos and other exhibits, # (26) Exhibit 24 - State case counterclaim, filed 11/17/2016, # (27) Exhibit 25 - Case docket, state case, # (28) Exhibit 26 - Email to Stephanie Nemeth re counterclaim, 11/17/2016, # (29) Exhibit 27 - Judgment on the Pleadings, state case, dated 12/8/2016, # (30) Exhibit 27.A - Straw Email to Nemeth, # (31) Exhibit 27.B - Straw Email to Nemeth and Agostino, # (32) Exhibit 27.C - Nemeth Email to Straw, 8/8/2016, # (33) Exhibit 28 - Hummel case, 7th Circuit, 2016)(Straw, Andrew)
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Request |
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| 77 |
Filed: 12/9/2016, Entered: 12/9/2016 |
Order |
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ORDER: In direct opposition to [75] order, Plaintiff filed a "Verified Amended Complaint; Short and Concise Statement" on 12/8/2016, without this Court's permission to do so. Therefore, the Court STRIKES Plaintiff's [76] Verified Amended Complaint. The Court ADMONISHES Plaintiff to comply with this Court's orders in their entirety. Future non-compliant filings will be summarily stricken without necessity of future hearing. Signed by Magistrate Judge Michael G Gotsch, Sr on 12/9/2016. (jss)
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Request |
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| 75 |
Filed: 11/30/2016, Entered: 11/30/2016 |
Opinion and Order |
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OPINION AND ORDER: The [15], [60], [63], [65], & [73] Motions to Recuse Judge or Disqualify Counsel are DENIED; the [32] Motion to Dismiss is GRANTED on the limited standing grounds detailed in the Opinion and Order; The [62] First Motion to Amend Complaint is DENIED WITH LEAVE TO REFILE an amended motion for leave to file an amended complaint by 12/29/2016; The [58] Motion for a telephonic Rule 16 conference is DENIED; The [11], [12], [33] Motions for Summary Judgment are DENIED AS MOOT; To the extent Straw also sought summary judgment in his 11/26/2016 [73] filing, that request is DENIED; The [36], [41], [55], [57] motions seeking to alter the documents to be considered as evidence for purposes of summary judgment are DENIED AS MOOT. Given the prolific filing of such unhelpful documents, the parties are hereby ORDERED not to file any further documents in this case, except that Straw may file his motion for leave to amend the complaint (along with his proposed amended complaint and any supporting exhibits) in an attempt to establish standing. Defendants may then file an answer and/or responsive pleading, to which Straw may reply, if such filing is provided for under the rules. Until further order of the Court, all other unrelated filings will be summarily struck absent a party's seeking and receiving the Court's leave to make such a filing. Signed by Judge Jon E DeGuilio on 11/30/16. (jld)
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Request |
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 74 |
Filed: 11/29/2016, Entered: 11/29/2016 |
Response/Reply |
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RESPONSE by Pete Buttigieg, South Bend City of to [69] Affidavit, . (DeRose, Aladean)
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| 73 |
Filed: 11/26/2016, Entered: 11/26/2016, Terminated: 11/30/2016 |
~Motion to Alter Judgment |
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First MOTION to Alter Judgment and recuse and expel DeRose, and provide judgment protecting my disability rights, proven to be violated, by Plaintiff Andrew U. D. Straw. (Straw, Andrew)
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Request |
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| 72 |
Filed: 11/24/2016, Entered: 11/24/2016 |
Notice - Other |
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NOTICE by Andrew U. D. Straw regarding discrimination by Indiana courts and the relationship to this case. (Straw, Andrew)
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Request |
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| 71 |
Filed: 11/23/2016, Entered: 11/23/2016 |
Notice - Other |
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NOTICE by Andrew U. D. Straw regarding disabled people writing to the Court about this case, and that I did not initiate any ex parte communication (Straw, Andrew)
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Request |
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| 70 |
Filed: 11/23/2016, Entered: 11/23/2016 |
Response to motion |
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RESPONSE to Motion re [62] MOTION to Amend/Correct filed by Pete Buttigieg, South Bend City of. (DeRose, Aladean)
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Request |
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| 69 |
Filed: 11/22/2016, Entered: 11/22/2016 |
Affidavit |
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AFFIDAVIT re [62] MOTION to Amend/Correct, [1] Complaint,,,,, [12] Second MOTION for Summary Judgment (revising first for Rule 56(c) compliance) to Include New FHWA Email Dated 11/18/2016 and FHWA Letter of Findings Dated 7/1/2016, to Which it Refers by Andrew U. D. Straw. (Attachments: # (1) Exhibit 1 - FHWA Email Dated 11/18/2016, # (2) Exhibit 2 - FHWA Letter of Findings Dated 7/1/2016)(Straw, Andrew)
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Request |
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| 68 |
Filed: 11/22/2016, Entered: 11/22/2016 |
Reply to Response to motion |
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REPLY to Response to Motion re [60] First MOTION for Recusal of Magistrate Judge GotschFirst MOTION to Disqualify Counsel Aladean DeRose, who serves as ADA Coordinator, City Attorney, South Bend Human Rights Commission counsel, and helped choose Gotsch as a Magistrate Judge finalist in 2016., [63] First MOTION for Order to Show Cause Why Attorneys for City Should Not be Disqualified And/Or Sanctioned, Including Attorney Stephanie Nemeth, [65] First MOTION for Recusal of Hon. Jon DeGuilio and Magistrate Judge Michael Gotsch in reply to defendants' RESPONSE [67], filed by Andrew U. D. Straw. (Straw, Andrew)
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Request |
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| 67 |
Filed: 11/22/2016, Entered: 11/22/2016 |
Response to motion |
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RESPONSE to Motion re [60] First MOTION for Recusal of Magistrate Judge GotschFirst MOTION to Disqualify Counsel Aladean DeRose, who serves as ADA Coordinator, City Attorney, South Bend Human Rights Commission counsel, and helped choose Gotsch as a Magistrate Judge finalist in 2016., [65] First MOTION for Recusal of Hon. Jon DeGuilio and Magistrate Judge Michael Gotsch filed by Pete Buttigieg, South Bend City of. (DeRose, Aladean)
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Request |
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| 66 |
Filed: 11/18/2016, Entered: 11/18/2016 |
Notice - Other |
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NOTICE by Andrew U. D. Straw of my Statement of My Religious Creed and Prayer (Straw, Andrew)
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Request |
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| 65 |
Filed: 11/18/2016, Entered: 11/18/2016, Terminated: 11/30/2016 |
Motion for Recusal |
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First MOTION for Recusal of Hon. Jon DeGuilio and Magistrate Judge Michael Gotsch by Plaintiff Andrew U. D. Straw. (Straw, Andrew)
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Request |
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| 64 |
Filed: 11/17/2016, Entered: 11/17/2016 |
Order on Motion for TRO |
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ORDER Mr. Straws [61] motion for a temporary restraining order is summarily denied. Signed by Judge Jon E DeGuilio on 11/17/16. cc:pltf (kjp)
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Request |
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| 63 |
Filed: 11/16/2016, Entered: 11/16/2016, Terminated: 11/30/2016 |
~Motion for Order to Show Cause |
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First MOTION for Order to Show Cause Why Attorneys for City Should Not be Disqualified And/Or Sanctioned, Including Attorney Stephanie Nemeth by Plaintiff Andrew U. D. Straw. (Straw, Andrew)
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Request |
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| 62 |
Filed: 11/16/2016, Entered: 11/16/2016, Terminated: 11/30/2016 |
Motion to Amend/Correct |
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MOTION FOR LEAVE TO AMEND; AMENDED COMPLAINT to include First Amendment and ADA retaliation violations under 42 USC 12203 by City of South Bend and its ADA Coordinator Attorney, Aladean DeRose against All Defendants, filed by Andrew U. D. Straw. (Attachments: # (1) Amended Complaint to include First Amendment and Retaliation Violations by City of South Bend, # (2) Exhibit 1 - Andrew Straw's Handicap Parking Placard, # (3) Exhibit 2 - Photos of Handicap Parking at City-County Building, 5/30/2016, # (4) Errata 2.1 - Photos of Parking Lot, Democratic HQ, 5/30/2016, # (5) Exhibit 2.2 - Photos of Handicap Parking, WNIT Public Television, 5/30/2016, # (6) Exhibit 2.3 - Photos of Handicap Parking, Trigon Building, 5/30/2016, # (7) Exhibit 2.4 - Photos of Parking Lot, South Bend Building Department, 5/30/2016, # (8) Exhibit 2.5 - Photos of Federal Court on-street parking, 5/30/2016, # (9) Exhibit 3 - ADA Coordinator Aladean DeRose Letter, # (10) Exhibit 4 - Andrew Straw Letter, # (11) Exhibit 5 - South Bend Letter to Andrew Straw, # (12) Exhibit 6 - Complaint RE Ramp, # (13) Exhibit 7 - FHWA Letter of Findings, copy of original also in possession of City Attorney (See p. 1))(Straw, Andrew) Modified on 11/21/2016 to set as motion to be ruled on (lhc).
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Request |
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| 61 |
Filed: 11/16/2016, Entered: 11/16/2016, Terminated: 11/17/2016 |
Motion for TRO |
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First MOTION for Temporary Restraining Order against City of South Bend and Aladean DeRose regarding the violation of my First Amendment rights to freedom of speech and petitioning the government for redress of grievances by Plaintiff Andrew U. D. Straw. (Attachments: # (1) Exhibit 1 - Email from Attorney Stephanie Nemeth)(Straw, Andrew)
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Request |
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| 60 |
Filed: 11/15/2016, Entered: 11/15/2016, Terminated: 11/30/2016 |
Motion for Recusal |
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First MOTION for Recusal of Magistrate Judge Gotsch, First MOTION to Disqualify Counsel Aladean DeRose, who serves as ADA Coordinator, City Attorney, South Bend Human Rights Commission counsel, and helped choose Gotsch as a Magistrate Judge finalist in 2016. by Plaintiff Andrew U. D. Straw. (Attachments: # (1) Exhibit 1 - Merit Selection Panel with Aladean DeRose Choosing MJ Gotsch as a Finalist in 2016.)(Straw, Andrew)
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Request |
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| 59 |
Filed: 11/10/2016, Entered: 11/10/2016 |
Notice - Other |
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NOTICE by Andrew U. D. Straw re [58] First MOTION for Hearing re [57] RULE 12(f) MOTION to Strike [56] Response to Motion , [33] MOTION for Summary Judgment , [56] Response to Motion, [55] RULE 12(f) MOTION to Strike [54] Statement of Plaintiff, [54 regarding failure of mediation to achieve settlement, and anticipating discovery plan (Straw, Andrew)
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Request |
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| 58 |
Filed: 10/6/2016, Entered: 10/6/2016, Terminated: 11/30/2016 |
Motion for Hearing |
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First MOTION for Hearing re [57] RULE 12(f) MOTION to Strike [56] Response to Motion , [33] MOTION for Summary Judgment , [56] Response to Motion, [55] RULE 12(f) MOTION to Strike [54] Statement of Plaintiff, [54] Statement, [12] Second MOTION for Summary Judgment (revising first for Rule 56(c) compliance) to set Rule 16 and/or 26(f) hearings later, due to upcoming mediation talks. by Plaintiff Andrew U. D. Straw. (Straw, Andrew)
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Request |
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| 57 |
Filed: 10/6/2016, Entered: 10/6/2016, Terminated: 11/30/2016 |
Rule 12(f) Motion to Strike |
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RULE 12(f) MOTION to Strike [56] Response to Motion by Defendants Pete Buttigieg, South Bend City of. (DeRose, Aladean)
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Request |
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| 56 |
Filed: 9/30/2016, Entered: 9/30/2016 |
Response to motion |
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RESPONSE to Motion re [55] RULE 12(f) MOTION to Strike [54] Statement of Plaintiff filed by Andrew U. D. Straw. (Attachments: # (1) Affidavit 1 - Affidavit of Captain Jason Lee Straw (ret.), CCRN)(Straw, Andrew)
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Request |
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| 55 |
Filed: 9/29/2016, Entered: 9/29/2016, Terminated: 11/30/2016 |
Rule 12(f) Motion to Strike |
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RULE 12(f) MOTION to Strike [54] Statement of Plaintiff by Defendants Pete Buttigieg, South Bend City of. (DeRose, Aladean)
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Request |
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| 54 |
Filed: 9/27/2016, Entered: 9/27/2016 |
statement |
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STATEMENT regarding [52] Order,,, Terminate Motions,,. (Straw, Andrew)
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Request |
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| 53 |
Filed: 9/9/2016, Entered: 9/9/2016 |
Order Reassigning Case |
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ORDER REASSIGNING CASE. Case reassigned to Judge Jon E DeGuilio for all further proceedings. Senior Judge James T Moody no longer assigned to case. Signed by Chief Judge Philip P Simon on 9/9/16. (ksc)
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Request |
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| 52 |
Filed: 9/2/2016, Entered: 9/2/2016 |
Order |
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ORDER GRANTING [23] MOTION for Reconsideration re [21] Order by Defendants Pete Buttigieg, South Bend City of; DENYING [49] MOTION (First) to Appoint Counsel Due to my Mental Disability and Emotions on this Subject Matter in my Own Pro Se Case, and to Guarantee my Right to Access to this Court by Plaintiff Andrew U. D. Straw. Defendants may challenge the use of Plaintiff's Supplemental Document (DE [22]) in this litigation as appropriate under the Federal Rules of Evidence or under applicable substantive law. Signed by Magistrate Judge Michael G Gotsch, Sr on 9/2/16. (cer)
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| 51 |
Filed: 9/1/2016, Entered: 9/1/2016 |
Reply to Response to motion |
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REPLY to Response to Motion re [49] First MOTION to Appoint Counsel due to my mental disability and emotions on this subject matter in my own pro se case, and to guarantee my right to access to this Court, filed by Andrew U. D. Straw. (Attachments: # (1) Exhibit - CL - Admissions from Federal Government from Rule 36)(Straw, Andrew)
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Request |
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| 50 |
Filed: 9/1/2016, Entered: 9/1/2016 |
Response to motion |
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RESPONSE to Motion re [49] First MOTION to Appoint Counsel due to my mental disability and emotions on this subject matter in my own pro se case, and to guarantee my right to access to this Court, filed by Pete Buttigieg, South Bend City of. (DeRose, Aladean)
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Request |
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| 49 |
Filed: 8/31/2016, Entered: 8/31/2016, Terminated: 9/2/2016 |
Motion to Appoint Counsel |
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First MOTION to Appoint Counsel due to my mental disability and emotions on this subject matter in my own pro se case, and to guarantee my right to access to this Court, by Plaintiff Andrew U. D. Straw. (Straw, Andrew)
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Request |
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| 48 |
Filed: 8/30/2016, Entered: 8/30/2016 |
Amended document |
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AMENDED DOCUMENT by Andrew U. D. Straw. Amendment to [47] Affidavit . (Straw, Andrew)
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Request |
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| 47 |
Filed: 8/30/2016, Entered: 8/30/2016 |
Affidavit |
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AFFIDAVIT re [44] Order Striking Document, [25] Order,,, Terminate Motions,, [1] Complaint,,,,, [30] Order on Motion for Recusal, by Andrew U. D. Straw. (Straw, Andrew)
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Request |
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| 46 |
Filed: 8/30/2016, Entered: 8/30/2016 |
Reply to Response to motion |
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REPLY to Response to Motion re [33] MOTION for Summary Judgment with supplemental document filed by Pete Buttigieg, South Bend City of. (Attachments: # (1) Supplement)(DeRose, Aladean)
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Request |
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| 45 |
Filed: 8/30/2016, Entered: 8/30/2016 |
Reply to Response to motion |
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REPLY to Response to Motion re [32] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Pete Buttigieg, South Bend City of. (DeRose, Aladean)
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Request |
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| 44 |
Filed: 8/26/2016, Entered: 8/26/2016 |
Order Striking Document |
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ORDER STRIKING [43] First MOTION to calculate damages filed by Andrew U. D. Straw. If Pla files another motion or other document which the court believes is frivolous, it will exercise its power under Federal Rule of Civil Procedure 11(c)(3) to require Pla to show cause why his conduct has not violated Rule 11(b). Signed by Senior Judge James T Moody on 8/26/2016. (lns)
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Request |
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| 43 |
Filed: 8/23/2016, Entered: 8/23/2016, Terminated: 8/26/2016 |
Motion for Miscellaneous Relief |
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STRICKEN PURSUANT TO COURT ORDER DATED 8/26/16, DE [44]. First MOTION to calculate damages re [1] Complaint,,,,, [12] Second MOTION for Summary Judgment (revising first for Rule 56(c) compliance) by Plaintiff Andrew U. D. Straw. (Straw, Andrew) Modified on 8/26/2016 (lns).
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Request |
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| 42 |
Filed: 8/23/2016, Entered: 8/23/2016 |
Response to motion |
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RESPONSE to Motion re [41] MOTION to Amend/Correct [36] First RULE 12(f) MOTION to Strike [34] Response to Motion, [35] Brief in Support due to City Attorney/ADA Coordinator/Notary Public DeRose failing to affix her notarial seal to 5 affidavits provided by her in s filed by Andrew U. D. Straw. (Straw, Andrew)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 41 |
Filed: 8/23/2016, Entered: 8/23/2016, Terminated: 11/30/2016 |
Motion to Amend/Correct |
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MOTION to Amend/Correct [34] Response to Motion, [35] Brief in Support due to City Attorney/ADA Coordinator/Notary Public DeRose failing to affix her notarial seal to 5 affidavits provided by her in support of dismissal and summary j by Defendants Pete Buttigieg, South Bend City of. (DeRose, Aladean) Modified links on 8/23/2016 (kds).
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Request |
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| 40 |
Filed: 8/21/2016, Entered: 8/21/2016 |
Memorandum In Support |
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MEMORANDUM in Support of [36] First RULE 12(f) MOTION to Strike [34] Response to Motion, [35] Brief in Support due to City Attorney/ADA Coordinator/Notary Public DeRose failing to affix her notarial seal to 5 affidavits provided by her in support of dismissal and summary j filed by Andrew U. D. Straw. (Straw, Andrew)
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Request |
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| 39 |
Filed: 8/20/2016, Entered: 8/20/2016 |
Reply to Response to motion |
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REPLY to Response to Motion re [12] Second MOTION for Summary Judgment (revising first for Rule 56(c) compliance) filed by Andrew U. D. Straw. (Straw, Andrew)
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Request |
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| 38 |
Filed: 8/20/2016, Entered: 8/20/2016 |
Response to motion |
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RESPONSE to Motion re [33] MOTION for Summary Judgment filed by Andrew U. D. Straw. (Straw, Andrew)
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Request |
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| 37 |
Filed: 8/20/2016, Entered: 8/20/2016 |
Response to motion |
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RESPONSE to Motion re [32] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Andrew U. D. Straw. (Straw, Andrew)
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Request |
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| 36 |
Filed: 8/20/2016, Entered: 8/20/2016, Terminated: 11/30/2016 |
Rule 12(f) Motion to Strike |
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First RULE 12(f) MOTION to Strike [34] Response to Motion, [35] Brief in Support due to City Attorney/ADA Coordinator/Notary Public DeRose failing to affix her notarial seal to 5 affidavits provided by her in support of dismissal and summary judgment by Plaintiff Andrew U. D. Straw. (Straw, Andrew)
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Request |
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| 35 |
Filed: 8/19/2016, Entered: 8/19/2016 |
Brief in Support |
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BRIEF in Support of [32] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , [33] MOTION for Summary Judgment filed by Pete Buttigieg, South Bend City of. (Attachments: # (1) Appendix with exhibits)(DeRose, Aladean)
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| 34 |
Filed: 8/19/2016, Entered: 8/19/2016 |
Response to motion |
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RESPONSE to Motion re [13] First MOTION for Leave to File FHWA Letter of Finding Supporting Plaintiff's Motion for Summary Judgment, [11] First MOTION for Summary Judgment , [12] Second MOTION for Summary Judgment (revising first for Rule 56(c) compliance) filed by Pete Buttigieg, South Bend City of. (Attachments: # (1) Appendix with exhibits)(DeRose, Aladean)
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Request |
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| 33 |
Filed: 8/19/2016, Entered: 8/19/2016, Terminated: 11/30/2016 |
Motion for Summary Judgment |
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MOTION for Summary Judgment by Defendants Pete Buttigieg, South Bend City of. (DeRose, Aladean)
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| 32 |
Filed: 8/19/2016, Entered: 8/19/2016, Terminated: 11/30/2016 |
Motion to Dismiss for Failure to State a Claim |
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MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Pete Buttigieg, South Bend City of. (DeRose, Aladean)
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Request |
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| 31 |
Filed: 8/19/2016, Entered: 8/19/2016 |
Magistrate Consent Forms Sent - Standard - pptc already held or no pptc |
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MAGISTRATE JUDGE CONSENT FORMS sent to all parties (Standard Track). Magistrate Consent forms due by 9/9/2016. (slm)
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Request |
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Filed: None, Entered: None |
Add and Terminate Judges |
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Magistrate Judge Michael G Gotsch, Sr added. Magistrate Judge Christopher A Nuechterlein no longer assigned to case. (slm)
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 30 |
Filed: 8/17/2016, Entered: 8/17/2016 |
Order on Motion for Recusal |
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ORDER DENYING [27] First MOTION for Recusal of Judge James T. Moody based on his actions and status as a former city attorney in 2 cities in the Northern District by Plaintiff Andrew U. D. Straw. Signed by Senior Judge James T Moody on 8/17/2016. (lhc)
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Request |
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| 29 |
Filed: 8/16/2016, Entered: 8/16/2016 |
Reply to Response to motion |
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REPLY to Response to Motion re [23] MOTION for Reconsideration re [21] Order,, Terminate Motions,, Set Deadlines, filed by Pete Buttigieg, South Bend City of. (DeRose, Aladean)
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Request |
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| 28 |
Filed: 8/15/2016, Entered: 8/16/2016 |
Order |
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ORDER DENYING AS MOOT [26] MOTION (First) Provide 8/15/2016 Order via CM/ECF re 25 Order by Plaintiff Andrew U. D. Straw. Clerk DIRECTED to (1) Correct the mistake noted in DE [25] by changing "DE #15" in the first sentence, last paragraph, to "DE #18"; (2) Show that DE [15] remains pending; and (3) Strike DE [18]. Signed by Senior Judge James T Moody on 8/15/16. (cc: Aladean M DeRose). (cer)
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Request |
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| 27 |
Filed: 8/15/2016, Entered: 8/15/2016, Terminated: 8/17/2016 |
Motion for Recusal |
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First MOTION for Recusal of Judge James T. Moody based on his actions and status as a former city attorney in 2 cities in the Northern District by Plaintiff Andrew U. D. Straw. (Straw, Andrew)
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Request |
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| 26 |
Filed: 8/15/2016, Entered: 8/15/2016, Terminated: 8/15/2016 |
Motion for Miscellaneous Relief |
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First MOTION provide 8/15/2016 ORDER via CM/ECF re [25] Order,, Terminate Motions, by Plaintiff Andrew U. D. Straw. (Straw, Andrew)
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Request |
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| 25 |
Filed: 8/15/2016, Entered: 8/15/2016 |
Order |
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ORDER STRIKING [18] MOTION (First) for Clerks Entry of Default as a result of the ethical problems with the City's Counsel of Record also being the ADA Coordinator of the City Who Denied My ADA Complaints as to City of South Bend by Plaintiff Andrew U. D. Straw. Plaintiff CAUTIONED to think twice before burdening this Court and opposing parties with any additional frivolous filings. Signed by Senior Judge James T Moody on 8/15/16. (cc: Aladean M DeRose). (cer) (Additional attachment(s) added on 8/16/2016: # (1) Corrected Order); Modified on 8/16/2016 to correct link. (cer)
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Request |
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| 24 |
Filed: 8/12/2016, Entered: 8/12/2016 |
Response to motion |
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RESPONSE to Motion re [23] MOTION for Reconsideration re [21] Order,, Terminate Motions,, Set Deadlines, , [15] First MOTION to Disqualify Counsel DeRose due to her dual roles and ethical considerations, [18] First MOTION for Clerks Entry of Default as a result of the ethical problems with the City's Counsel of Record also being the ADA Coordinator of the City Who Denied My ADA Complaints as to City of South Bend filed by Andrew U. D. Straw. (Straw, Andrew)
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Request |
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| 23 |
Filed: 8/12/2016, Entered: 8/12/2016, Terminated: 9/2/2016 |
Motion for Reconsideration |
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MOTION for Reconsideration re [21] Order,, Terminate Motions,, Set Deadlines, by Defendants Pete Buttigieg, South Bend City of. (DeRose, Aladean)
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Request |
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| 22 |
Filed: 8/11/2016, Entered: 8/11/2016 |
Notice - Other |
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NOTICE by Andrew U. D. Straw re [21] Order,, Terminate Motions,, Set Deadlines, making declarations about the exhibit and providing the FHWA Letter of Findings regarding South Bend's disability access violations and discrimination (Attachments: # (1) Exhibit - 1A - FHWA Letter of Findings Re South Bend Disability Access Violations, Dated 7/1/2016)(Straw, Andrew)
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Request |
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| 21 |
Filed: 8/11/2016, Entered: 8/11/2016 |
Order |
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ORDER GRANTING [13] First MOTION for Leave to File FHWA Letter of Finding Supporting Plaintiff's Motion for Summary Judgment by Plaintiff Andrew U. D. Straw. Plaintiff may file his supplemental document by 8/22/2016. Signed by Magistrate Judge Christopher A Nuechterlein on 8/11/2016. (lhc)
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Request |
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| 20 |
Filed: 8/3/2016, Entered: 8/3/2016 |
Reply to Response to motion |
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REPLY to Response to Motion re [18] First MOTION for Clerks Entry of Default as a result of the ethical problems with the City's Counsel of Record also being the ADA Coordinator of the City Who Denied My ADA Complaints as to City of South Bend and explaining Court's authority to provide relief filed by Andrew U. D. Straw. (Straw, Andrew)
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Request |
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| 19 |
Filed: 8/2/2016, Entered: 8/2/2016 |
Response to motion |
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RESPONSE to Motion re [18] First MOTION for Clerks Entry of Default as a result of the ethical problems with the City's Counsel of Record also being the ADA Coordinator of the City Who Denied My ADA Complaints as to City of South Bend filed by Pete Buttigieg, South Bend City of. (DeRose, Aladean)
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Request |
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| 18 |
Filed: 8/2/2016, Entered: 8/2/2016, Terminated: 8/15/2016 |
Motion for Clerk's Entry of Default |
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STRICKEN PURSUANT TO COURT ORDER DATED 8/11/16, DE [25]. First MOTION for Clerks Entry of Default as a result of the ethical problems with the City's Counsel of Record also being the ADA Coordinator of the City Who Denied My ADA Complaints as to City of South Bend by Plaintiff Andrew U. D. Straw. (Attachments: # (1) Affidavit - Declaration in Support of Clerk's Entry of Default)(Straw, Andrew). Modified on 8/16/2016. (cer)
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Request |
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| 17 |
Filed: 8/1/2016, Entered: 8/1/2016 |
Reply to Response to motion |
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REPLY to Response to Motion re [15] First MOTION to Disqualify Counsel DeRose due to her dual roles and ethical considerations filed by Andrew U. D. Straw. (Straw, Andrew)
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Request |
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| 16 |
Filed: 8/1/2016, Entered: 8/1/2016 |
Response to motion |
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RESPONSE to Motion re [15] First MOTION to Disqualify Counsel DeRose due to her dual roles and ethical considerations filed by Pete Buttigieg, South Bend City of. (DeRose, Aladean)
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Request |
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| 15 |
Filed: 7/30/2016, Entered: 7/30/2016, Terminated: 11/30/2016 |
Motion to Disqualify Counsel |
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First MOTION to Disqualify Counsel DeRose due to her dual roles and ethical considerations by Plaintiff Andrew U. D. Straw. (Straw, Andrew). Modified on 8/15/2016. (cer). Modified on 8/16/2016 to remove "stricken" language. (cer)
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Request |
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| 14 |
Filed: 7/29/2016, Entered: 7/29/2016 |
Answer |
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ANSWER to [1] Complaint,,,,, by Pete Buttigieg, South Bend City of.(DeRose, Aladean)
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Request |
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| 13 |
Filed: 7/24/2016, Entered: 7/24/2016, Terminated: 8/11/2016 |
Motion for Leave to File |
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First MOTION for Leave to File FHWA Letter of Finding Supporting Plaintiff's Motion for Summary Judgment by Plaintiff Andrew U. D. Straw. (Attachments: # (1) Supplement - Memorandum in support of motion, # (2) Exhibit - 1 - Letter of Finding, FHWA, DOT# 2015-0259)(Straw, Andrew)
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Request |
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| 12 |
Filed: 6/26/2016, Entered: 6/26/2016, Terminated: 11/30/2016 |
Motion for Summary Judgment |
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Second MOTION for Summary Judgment (revising first for Rule 56(c) compliance) by Plaintiff Andrew U. D. Straw. (Straw, Andrew)
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Request |
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| 11 |
Filed: 6/19/2016, Entered: 6/19/2016, Terminated: 11/30/2016 |
Motion for Summary Judgment |
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First MOTION for Summary Judgment by Plaintiff Andrew U. D. Straw. (Straw, Andrew)
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Request |
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| 10 |
Filed: 6/16/2016, Entered: 6/16/2016 |
Notice of Appearance |
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NOTICE of Appearance by Aladean M DeRose on behalf of Pete Buttigieg, South Bend City of (DeRose, Aladean)
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Request |
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| 9 |
Filed: 6/14/2016, Entered: 6/14/2016 |
waiver of service executed |
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WAIVER OF SERVICE Returned Executed by Andrew U. D. Straw. South Bend City of waiver sent on 6/1/2016, answer due 8/1/2016. (Straw, Andrew)
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Request |
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| 8 |
Filed: 6/14/2016, Entered: 6/14/2016 |
waiver of service executed |
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WAIVER OF SERVICE Returned Executed by Andrew U. D. Straw. Pete Buttigieg waiver sent on 6/1/2016, answer due 8/1/2016. (Straw, Andrew)
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Request |
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| 7 |
Filed: 6/13/2016, Entered: 6/13/2016 |
Filing Fee Received |
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Filing fee: $400.00, receipt number 3015380 (rmc)
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Request |
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| 6 |
Filed: 6/7/2016, Entered: 6/7/2016 |
order on motion for leave to proceed in forma pauperis |
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ORDER denying [3] Motion for Leave to Proceed in forma pauperis; Plaintiff granted until 7/8/16 to pay the $400.00 filing fee. Signed by Senior Judge James T Moody on 6/7/16. (mlc)
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Request |
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| 5 |
Filed: 6/3/2016, Entered: 6/3/2016 |
Notice - Other |
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NOTICE by Andrew U. D. Straw re [3] MOTION for Leave to Proceed in forma pauperis accompanied by 2 copies of summons forms and 0 copies of USM-285 forms regarding waiver of summons and IFP motion (Straw, Andrew)
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Request |
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| 4 |
Filed: 6/3/2016, Entered: 6/3/2016 |
Memorandum of Law (Other) |
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MEMORANDUM OF LAW re [1] Complaint,,,,, regarding state and federal law governing handicap parking and enforcement of ADA, Titles II and III by Andrew U. D. Straw. (Attachments: # (1) Exhibit - 1 - South Bend Codes Enforced, # (2) Exhibit - 2 - Intl Building Code, 2012, Ch 11, # (3) Exhibit - 3 - ANSI Standard A117.1, # (4) Exhibit - 4 - Indiana Admin Code 675IAC13-2.6)(Straw, Andrew)
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Request |
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| 3 |
Filed: 6/1/2016, Entered: 6/1/2016, Terminated: 6/7/2016 |
Motion for Leave to Proceed In Forma Pauperis |
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MOTION for Leave to Proceed in forma pauperis accompanied by 2 copies of summons forms and 0 copies of USM-285 forms by Plaintiff Andrew U. D. Straw. (This motion was submitted as an attachment to the original complaint.) (kjp)
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Request |
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| 2 |
Filed: 6/1/2016, Entered: 6/1/2016 |
Proposed Pretrial Order |
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ENTERED IN ERROR Proposed Pretrial Order for IFP by Andrew U. D. Straw. (Attachments: # (1) Affidavit for permission to proceed without payment of fees (IFP))(Straw, Andrew) Modified, Restricted and re-entered correctly as a motion on 6/1/2016 (kjp).
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Request |
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| 1 |
Filed: 6/1/2016, Entered: 6/1/2016 |
Complaint |
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COMPLAINT with JURY DEMAND against Pete Buttigieg, South Bend City of, filed by Andrew U. D. Straw. (Attachments: # (1) Exhibit - 1 - Straw's Handicap Placard, # (2) Exhibit - 2.0 - Photos of County-City Building false handicap spots, # (3) Exhibit - 2.1 - SB Democratic Party access violations, # (4) Exhibit - 2.2 - WNIT false handicap spaces, # (5) Exhibit - 2.3 - Trigon Building false handicap spaces, # (6) Exhibit - 2.4 - SB Building Department violations, # (7) Exhibit - 2.5 - Federal Courthouse lacking any handicap parking next to building, # (8) Exhibit - 3 - Letter by Aladean M. DeRose, dated 01/07/2016, # (9) Exhibit - 4 - Response by Andrew Straw to DeRose Letter on handicap parking, # (10) Exhibit - 5 - Letter by Aladean M. DeRose, 01/07/2015, # (11) Exhibit - 6 - Andrew Straw complaint regarding Democratic Party ramp, non ADA Compliant, 08/14/2013, # (12) Proposed Summons for City of South Bend, to City Attorney Aladean M. DeRose, # (13) Proposed Summons for Pete Buttigieg, Mayor of South Bend, # (14) Affidavit - to proceed without payment of fees (IFP), # (15) Affidavit - IFP Proposed Order, # (16) Civil Cover Sheet - for ADA/Rehab Act relief against City of South Bend re handicap parking and access)(Straw, Andrew)
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Request |
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