Wirtz et al v. South Bend City of :: Indiana Northern District Court :: Federal Civil Lawsuit No. 3:11-cv-00325-RLM-CAN, Judge Robert L Miller, Jr presiding

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71	Filed: 4/12/2012, Entered: 4/12/2012	Notice - Other
	NOTICE by Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz of Settlement/Satisfaction of Attorneys' Fees Entitlement (Rose, Gavin)
	Request

70	Filed: 3/16/2012, Entered: 3/16/2012	order on motion for extension of time to file
	ORDER granting [69] Motion for Extension of Time to File petition for supplemental atty fees and costs. Petition to be filed by 5/18/2012.. Signed by Judge Robert L Miller, Jr on 3/16/12. (jld)
	Request

69	Filed: 3/15/2012, Entered: 3/15/2012, Terminated: 3/16/2012	Motion for Extension of Time
	Consent MOTION for Extension of Time to File Supplemental Petition for Attorneys' Fees and Costs by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin)
	Request

68	Filed: 2/29/2012, Entered: 2/29/2012	USCA Mandate
	MANDATE of USCA as to [58] Notice of Appeal filed by South Bend City of. The appeal, untimely and moot, is DISMISSED (Attachments: # (1) Certified Judgment, # (2) Certified Opinion)(jld)
	Request

67	Filed: 2/17/2012, Entered: 2/22/2012	Order on Motion for attorney fees
	OPINION AND ORDER granting [56] Motion for Attorney Fees in the sum of $70,695.06. Signed by Judge Robert L Miller, Jr on 2/17/12. (jld)
	Request

66	Filed: 2/9/2012, Entered: 2/10/2012	order on motion for extension of time to file
	ORDER granting [65] Motion for Extension of Time to File Petition for Supplemental Attorneys' Fees and Costs to/including 30 days following disposition of pltf's Motion for Attorneys' Fees and Costs. Signed by Judge Robert L Miller, Jr on 2/9/12. (jld)
	Request

65	Filed: 2/8/2012, Entered: 2/8/2012, Terminated: 2/9/2012	Motion for Extension of Time
	Consent MOTION for Extension of Time to File Petition for Supplemental Attorneys' Fees and Costs by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin)
	Request

64	Filed: 1/9/2012, Entered: 1/9/2012	Reply to Response to motion
	REPLY to Response to Motion re [56] MOTION for Attorney Fees and Costs filed by Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Attachments: # (1) Affidavit (Supp. Aff. of Rose), # (2) Affidavit (Reply Decl. of Luchenitser))(Rose, Gavin)
	Request

63	Filed: 12/27/2011, Entered: 12/28/2011	Order on motion for extension of time to file Response/Reply
	ORDER granting [62] Motion for Extension of Time to File Reply in support of motion for attorneys' fees and costs. Reply to be filed by 1/10/2012.. Signed by Judge Robert L Miller, Jr on 12/27/11. (smp)
	Request

62	Filed: 12/27/2011, Entered: 12/27/2011, Terminated: 12/27/2011	Motion for Extension of Time to File Response/Reply
	Consent MOTION for Extension of Time to File Response/Reply as to [56] MOTION for Attorney Fees and Costs (Unopposed Motion for Extension of Time to File Reply Memorandum) by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin)
	Request

61	Filed: 12/23/2011, Entered: 12/23/2011	Memorandum in opposition
	MEMORANDUM in Opposition to [56] MOTION for Attorney Fees and Costs filed by South Bend City of. (Attachments: # (1) Affidavit of Aladean M. DeRose)(Leone, Charles)
	Request

60	Filed: 12/20/2011, Entered: 12/20/2011, Terminated: 2/29/2012	USCA Case Number
	USCA Case Number 11-3811 for [58] Notice of Appeal filed by South Bend City of. (ksc)
	Request

59	Filed: 12/19/2011, Entered: 12/19/2011, Terminated: 2/29/2012	Short Record Sent to USCA
	Short Record Sent to US Court of Appeals re [58] Notice of Appeal. Appeal filing fees paid in the amount of $455 - Receipt # 3002911. (Attachments: # (1) Notice of Appeal, # (2) Order of 11/21/2011, # (3) Opinion and Order of 10/19/2011, # (4) Opinion and Order of 9/7/2011, # (5) Clerk's Judgment, # (6) Docket Sheet)(ksc)
	Request

58	Filed: 12/16/2011, Entered: 12/16/2011, Terminated: 2/29/2012	Notice of appeal
	NOTICE OF APPEAL as to [55] Order, [52] Order on Motion for Miscellaneous Relief, [21] Opinion and Order, Terminate Motions,, by South Bend City of. (Leone, Charles) Modified to add link on 12/19/2011 (ksc).
	Request

57	Filed: 12/16/2011, Entered: 12/16/2011	Memorandum In Support
	MEMORANDUM in Support of [56] MOTION for Attorney Fees and Costs filed by Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin)
	Request

56	Filed: 12/16/2011, Entered: 12/16/2011, Terminated: 2/17/2012	Motion for Attorney Fees
	MOTION for Attorney Fees and Costs by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Attachments: # (1) Affidavit Gavin M. Rose, # (2) Affidavit Kenneth J. Falk, # (3) Affidavit Alex J. Luchenitser, # (4) Affidavit Daniel Mach, # (5) Affidavit William L. Wilson, # (6) Affidavit Michael K. Sutherlin, # (7) Affidavit Richard A. Waples)(Rose, Gavin)
	Request

	Filed: None, Entered: None	USCA Appeal Fees
	USCA Appeal Fees received $ 455, receipt number 3002911 re [58] Notice of Appeal. (ksc)


55	Filed: 11/21/2011, Entered: 11/21/2011	Order
	ORDER: the Injunction of 9/7/2011 [21] is dissolved conditioned upon South Bend selling the subject realty at public auction in conformity with I.C. 36-1-11-4 and pursuant to the terms of its Notice to Bidders. Signed by Judge Robert L Miller, Jr on 11/21/11. (ksc)
	Request

54	Filed: 11/18/2011, Entered: 11/18/2011	Response to motion
	RESPONSE to Motion re [53] Second MOTION to Modify or Dismiss Injunction filed by Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin)
	Request

53	Filed: 11/16/2011, Entered: 11/16/2011, Terminated: 11/21/2011	Motion for Miscellaneous Relief
	Second MOTION to Modify or Dismiss Injunction by Defendant South Bend City of. (Attachments: # (1) Exhibit "A" Resolution, # (2) Exhibit "B" Notice to Bidders)(Leone, Charles)
	Request

52	Filed: 10/19/2011, Entered: 10/19/2011	order on motion for miscellaneous relief
	OPINION AND ORDER denying [24] Motion to Modify or Dismiss Injunction. Signed by Judge Robert L Miller, Jr on 10/19/11. (ksc)


51	Filed: 10/7/2011, Entered: 10/7/2011	waiver
	WAIVER by South Bend City of Oral Argument on Motion to Modify or Dismiss Injunction. (Leone, Charles)
	Request

50	Filed: 10/6/2011, Entered: 10/6/2011	Reply to Response to motion
	REPLY to Response to [24] Motion to Rule 60(b)(5) Motion filed by South Bend City of. (Leone, Charles) Modified to correct link and text on 10/7/2011 (ksc). Modified on 10/7/2011 to correct link and text (jld).
	Request

49	Filed: 10/3/2011, Entered: 10/4/2011	Order on Motion to unseal document
	ORDER granting [45] Motion to Unseal Document [35] Unredacted version of Stipulation. Signed by Judge Robert L Miller, Jr on 10/3/11. (jld)
	Request

47	Filed: 10/3/2011, Entered: 10/4/2011	Order on Motion for Leave to File
	ORDER granting [46] Motion for Leave to File Supplemental Response. Supplemental Response deemed filed as of the date of tender.. Signed by Judge Robert L Miller, Jr on 10/3/11. (jld)
	Request

48	Filed: 9/30/2011, Entered: 10/4/2011	Response to motion
	SUPPLEMENTAL RESPONSE to Motion re [24] MOTION to Modify or Dismiss Injunction filed by Eric Brown, Tim Delaney, Peter Reimers. (filed per order [47]) (jld)
	Request

46	Filed: 9/30/2011, Entered: 9/30/2011, Terminated: 10/3/2011	Motion for Leave to File
	MOTION for Leave to File Supplemental Response in Opposition to Rule 60(b)(5) Motion by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Attachments: # (1) Supplement Supplemental Response in Opposition to Rule 60 Motion)(Rose, Gavin)
	Request

45	Filed: 9/30/2011, Entered: 9/30/2011, Terminated: 10/3/2011	Motion to Unseal Document
	Joint MOTION to Unseal Document [35] Sealed Document (Unredacted Version of Second Stipulation of Facts) by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz, Defendant South Bend City of. (Rose, Gavin)
	Request

44	Filed: 9/28/2011, Entered: 9/28/2011	order on motion for miscellaneous relief
	ORDER granting [41] Motion for leave to file belatedly the Affidavit of Donald E. Inks. Signed by Judge Robert L Miller, Jr on 9/28/11. (ksc)
	Request

43	Filed: 9/27/2011, Entered: 9/27/2011	Notice - Other
	NOTICE by South Bend City of re [42] Affidavit, [40] Memorandum in Support, of Submission of Exhibit "A" to Affidavit of Donald E. Inks (Leone, Charles)
	Request

42	Filed: 9/26/2011, Entered: 9/26/2011	Affidavit
	AFFIDAVIT re [40] Memorandum in Support, of Donald E. Inks and Notice of Additional Exhibit "4" by South Bend City of. (Leone, Charles)
	Request

41	Filed: 9/23/2011, Entered: 9/23/2011, Terminated: 9/28/2011	Motion for Miscellaneous Relief
	MOTION re [40] Memorandum in Support, for Leave to File Belatedly Affidavit of Donald E. Inks by Defendant South Bend City of. (Leone, Charles)
	Request

40	Filed: 9/23/2011, Entered: 9/23/2011	Memorandum In Support
	MEMORANDUM in Support of [24] MOTION to Modify or Dismiss Injunction and for Expedited Hearing re [21] Memorandum & Opinion, Terminate Motions,, filed by South Bend City of. (Attachments: # (1) Exhibit "1" Resolution, # (2) Exhibit "2" Notice to Bidders)(Leone, Charles)
	Request

39	Filed: 9/23/2011, Entered: 9/23/2011, Terminated: 9/26/2011	stipulation
	Third STIPULATION of Facts by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz, Defendant South Bend City of. (Rose, Gavin)
	Request

38	Filed: 9/22/2011, Entered: 9/22/2011	Order
	ORDER affording plaintiffs to and including 9/30/2011 within which to supplement their response to [24] MOTION to Modify or Dismiss Injunction and for Expedited Hearing. Defendant's reply to be filed by 10/7/2011. Signed by Judge Robert L Miller, Jr on 9/22/11. (ksc)
	Request

37	Filed: 9/21/2011, Entered: 9/21/2011	Notice - Other
	NOTICE by South Bend City of re [24] MOTION to Modify or Dismiss Injunction and for Expedited Hearing re [21] Memorandum & Opinion, Terminate Motions,, of Clarification of or Amendment to City's Motion to Modify or Dismiss Injunction (Leone, Charles)
	Request

36	Filed: 9/20/2011, Entered: 9/21/2011	Order on Motion to seal
	ORDER granting [34] Joint Motion to Seal Unredacted Version of Parties' Second Stipulation of Facts. Signed by Judge Robert L Miller, Jr on 9/20/11. (ksc)
	Request

35	Filed: 9/19/2011, Entered: 9/19/2011	Sealed document
	UNSEALED PER ORDER [49] Sealed Document re [34] Joint MOTION to Seal Unredacted Version of Second Stipulation of Facts. (Rose, Gavin) Modified on 10/4/2011 to unseal document (jld).
	Request

34	Filed: 9/19/2011, Entered: 9/19/2011, Terminated: 9/20/2011	Motion to Seal
	Joint MOTION to Seal Unredacted Version of Second Stipulation of Facts by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz, Defendant South Bend City of. (Rose, Gavin)
	Request

33	Filed: 9/19/2011, Entered: 9/19/2011, Terminated: 9/19/2011	stipulation
	Second STIPULATION of Facts (Redacted) by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz, Defendant South Bend City of. (Rose, Gavin)
	Request

32	Filed: 9/16/2011, Entered: 9/19/2011	order on motion for extension of time to file
	ORDER granting [27] Motion for Extension of Time to File Petition for Attorneys Fees and Costs. Signed by Judge Robert L Miller, Jr on 9/16/11. (ksc)
	Request

31	Filed: 9/16/2011, Entered: 9/19/2011	Order on Motion to seal
	ORDER denying [28] Joint Motion to Seal. Signed by Judge Robert L Miller, Jr on 9/16/11. (ksc)
	Request

30	Filed: 9/16/2011, Entered: 9/16/2011	Memorandum in opposition
	MEMORANDUM in Opposition to [24] MOTION to Modify or Dismiss Injunction and for Expedited Hearing re [21] Memorandum & Opinion, Terminate Motions,, (Response in Opposition to Rule 60(b) Motion) filed by Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin)
	Request

29	Filed: 9/16/2011, Entered: 9/16/2011	Sealed document
	Sealed Document re [28] Joint MOTION to Seal Motion for Leave to File Stipulation Under Temporary Seal. (Rose, Gavin)


28	Filed: 9/16/2011, Entered: 9/16/2011, Terminated: 9/16/2011	Motion to Seal
	Joint MOTION to Seal Motion for Leave to File Stipulation Under Temporary Seal by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz, Defendant South Bend City of. (Rose, Gavin)
	Request

27	Filed: 9/14/2011, Entered: 9/14/2011, Terminated: 9/16/2011	Motion for Extension of Time
	Consent MOTION for Extension of Time to File Petition for Attorneys Fees and Costs (Unopposed) by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin)
	Request

26	Filed: 9/12/2011, Entered: 9/12/2011, Terminated: 10/19/2011	Motion to Expedite
	MOTION to Expedite Hearing by Defendant South Bend City of. (Leone, Charles)
	Request

25	Filed: 9/12/2011, Entered: 9/12/2011	clerk's judgment
	CLERK'S ENTRY OF JUDGMENT. (ksc)
	Request

24	Filed: 9/9/2011, Entered: 9/9/2011, Terminated: 10/19/2011	Motion for Miscellaneous Relief
	MOTION to Modify or Dismiss Injunction and for Expedited Hearing re [21] Memorandum & Opinion, Terminate Motions,, by Defendant South Bend City of. (Leone, Charles)
	Request

23	Filed: 9/9/2011, Entered: 9/9/2011	transcript
	TRANSCRIPT of Hearing held on 8/31/11, before Judge Robert L. Miller, Jr. Court Reporter Debra Bonk, Telephone number 574-246-8039. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IMPORTANT: Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above matter. The parties have 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Redaction Request - Transcript shall be e-filed with the Court. Access to this request will be restricted to the Court and attorneys of record in the case. If no such Notice and Redaction Request are filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the Court Reporter. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Notice of Intent to Redact due 9/20/2011. Redaction Request due 9/30/2011. Redacted Transcript Deadline set for 10/11/2011. Release of Transcript Restriction set for 12/8/2011. (ksc)
	Request

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21	Filed: 9/7/2011, Entered: 9/7/2011	Opinion and Order
	OPINION AND ORDER re: [5] MOTION for Preliminary Injunction . The City of South Bend is enjoined from transferring the property at 717 E. LaSalle Ave. to Northeast Neighborhood Revitalization, Inc. for transfer to St. Josephs High School. Signed by Judge Robert L Miller, Jr on 9/7/11. (ksc) 23 Filed & Entered: 09/09/2011 Transcript TRANSCRIPT of Hearing held on 8/31/11, before Judge Robert L. Miller, Jr. Court Reporter Debra Bonk, Telephone number 574-246-8039. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IMPORTANT: Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above matter. The parties have 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Redaction Request - Transcript shall be e-filed with the Court. Access to this request will be restricted to the Court and attorneys of record in the case. If no such Notice and Redaction Request are filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the Court Reporter. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Notice of Intent to Redact due 9/20/2011. Redaction Request due 9/30/2011. Redacted Transcript Deadline set for 10/11/2011. Release of Transcript Restriction set for 12/8/2011. (ksc) 24 Filed & Entered: 09/09/2011Terminated: 10/19/2011 Motion for Miscellaneous Relief MOTION to Modify or Dismiss Injunction and for Expedited Hearing re [21] Memorandum & Opinion, Terminate Motions,, by Defendant South Bend City of. (Leone, Charles) 25 Filed & Entered: 09/12/2011 Clerks Judgment CLERK'S ENTRY OF JUDGMENT. (ksc) 26 Filed & Entered: 09/12/2011Terminated: 10/19/2011 Motion to Expedite MOTION to Expedite Hearing by Defendant South Bend City of. (Leone, Charles) 27 Filed & Entered: 09/14/2011Terminated: 09/16/2011 Motion for Extension of Time to File Consent MOTION for Extension of Time to File Petition for Attorneys Fees and Costs (Unopposed) by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 28 Filed & Entered: 09/16/2011Terminated: 09/16/2011 Motion to Seal Joint MOTION to Seal Motion for Leave to File Stipulation Under Temporary Seal by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz, Defendant South Bend City of. (Rose, Gavin) 29 Filed & Entered: 09/16/2011 Sealed Document Sealed Document re [28] Joint MOTION to Seal Motion for Leave to File Stipulation Under Temporary Seal. (Rose, Gavin) 30 Filed & Entered: 09/16/2011 Memorandum in Opposition MEMORANDUM in Opposition to [24] MOTION to Modify or Dismiss Injunction and for Expedited Hearing re [21] Memorandum & Opinion, Terminate Motions,, (Response in Opposition to Rule 60(b) Motion) filed by Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 31 Filed: 09/16/2011Entered: 09/19/2011 Order on Motion to Seal ORDER denying [28] Joint Motion to Seal. Signed by Judge Robert L Miller, Jr on 9/16/11. (ksc) 32 Filed: 09/16/2011Entered: 09/19/2011 Order on Motion for Extension of Time to File ORDER granting [27] Motion for Extension of Time to File Petition for Attorneys Fees and Costs. Signed by Judge Robert L Miller, Jr on 9/16/11. (ksc) 33 Filed & Entered: 09/19/2011Terminated: 09/19/2011 Stipulation Second STIPULATION of Facts (Redacted) by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz, Defendant South Bend City of. (Rose, Gavin) 34 Filed & Entered: 09/19/2011Terminated: 09/20/2011 Motion to Seal Joint MOTION to Seal Unredacted Version of Second Stipulation of Facts by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz, Defendant South Bend City of. (Rose, Gavin) 35 Filed & Entered: 09/19/2011 Sealed Document UNSEALED PER ORDER [49] Sealed Document re [34] Joint MOTION to Seal Unredacted Version of Second Stipulation of Facts. (Rose, Gavin) Modified on 10/4/2011 to unseal document (jld). 36 Filed: 09/20/2011Entered: 09/21/2011 Order on Motion to Seal ORDER granting [34] Joint Motion to Seal Unredacted Version of Parties' Second Stipulation of Facts. Signed by Judge Robert L Miller, Jr on 9/20/11. (ksc) 37 Filed & Entered: 09/21/2011 Notice (Other) NOTICE by South Bend City of re [24] MOTION to Modify or Dismiss Injunction and for Expedited Hearing re [21] Memorandum & Opinion, Terminate Motions,, of Clarification of or Amendment to City's Motion to Modify or Dismiss Injunction (Leone, Charles) 38 Filed & Entered: 09/22/2011 Order ORDER affording plaintiffs to and including 9/30/2011 within which to supplement their response to [24] MOTION to Modify or Dismiss Injunction and for Expedited Hearing. Defendant's reply to be filed by 10/7/2011. Signed by Judge Robert L Miller, Jr on 9/22/11. (ksc) 39 Filed & Entered: 09/23/2011Terminated: 09/26/2011 Stipulation Third STIPULATION of Facts by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz, Defendant South Bend City of. (Rose, Gavin) 40 Filed & Entered: 09/23/2011 Memorandum in Support MEMORANDUM in Support of [24] MOTION to Modify or Dismiss Injunction and for Expedited Hearing re [21] Memorandum & Opinion, Terminate Motions,, filed by South Bend City of. (Attachments: # (1) Exhibit "1" Resolution, # (2) Exhibit "2" Notice to Bidders)(Leone, Charles) 41 Filed & Entered: 09/23/2011Terminated: 09/28/2011 Motion for Miscellaneous Relief MOTION re [40] Memorandum in Support, for Leave to File Belatedly Affidavit of Donald E. Inks by Defendant South Bend City of. (Leone, Charles) 42 Filed & Entered: 09/26/2011 Affidavit AFFIDAVIT re [40] Memorandum in Support, of Donald E. Inks and Notice of Additional Exhibit "4" by South Bend City of. (Leone, Charles) 43 Filed & Entered: 09/27/2011 Notice (Other) NOTICE by South Bend City of re [42] Affidavit, [40] Memorandum in Support, of Submission of Exhibit "A" to Affidavit of Donald E. Inks (Leone, Charles) 44 Filed & Entered: 09/28/2011 Order on Motion for Miscellaneous Relief ORDER granting [41] Motion for leave to file belatedly the Affidavit of Donald E. Inks. Signed by Judge Robert L Miller, Jr on 9/28/11. (ksc) 45 Filed & Entered: 09/30/2011Terminated: 10/03/2011 Motion to Unseal Document Joint MOTION to Unseal Document [35] Sealed Document (Unredacted Version of Second Stipulation of Facts) by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz, Defendant South Bend City of. (Rose, Gavin) 46 Filed & Entered: 09/30/2011Terminated: 10/03/2011 Motion for Leave to File MOTION for Leave to File Supplemental Response in Opposition to Rule 60(b)(5) Motion by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Attachments: # (1) Supplement Supplemental Response in Opposition to Rule 60 Motion)(Rose, Gavin) 48 Filed: 09/30/2011Entered: 10/04/2011 Response to Motion SUPPLEMENTAL RESPONSE to Motion re [24] MOTION to Modify or Dismiss Injunction filed by Eric Brown, Tim Delaney, Peter Reimers. (filed per order [47]) (jld) 47 Filed: 10/03/2011Entered: 10/04/2011 Order on Motion for Leave to File ORDER granting [46] Motion for Leave to File Supplemental Response. Supplemental Response deemed filed as of the date of tender.. Signed by Judge Robert L Miller, Jr on 10/3/11. (jld) 49 Filed: 10/03/2011Entered: 10/04/2011 Order on Motion to Unseal Document ORDER granting [45] Motion to Unseal Document [35] Unredacted version of Stipulation. Signed by Judge Robert L Miller, Jr on 10/3/11. (jld) 50 Filed & Entered: 10/06/2011 Reply to Response to Motion REPLY to Response to [24] Motion to Rule 60(b)(5) Motion filed by South Bend City of. (Leone, Charles) Modified to correct link and text on 10/7/2011 (ksc). Modified on 10/7/2011 to correct link and text (jld). 51 Filed & Entered: 10/07/2011 Waiver WAIVER by South Bend City of Oral Argument on Motion to Modify or Dismiss Injunction. (Leone, Charles) 52 Filed & Entered: 10/19/2011 Order on Motion for Miscellaneous Relief OPINION AND ORDER denying [24] Motion to Modify or Dismiss Injunction. Signed by Judge Robert L Miller, Jr on 10/19/11. (ksc) 53 Filed & Entered: 11/16/2011Terminated: 11/21/2011 Motion for Miscellaneous Relief Second MOTION to Modify or Dismiss Injunction by Defendant South Bend City of. (Attachments: # (1) Exhibit "A" Resolution, # (2) Exhibit "B" Notice to Bidders)(Leone, Charles) 54 Filed & Entered: 11/18/2011 Response to Motion RESPONSE to Motion re [53] Second MOTION to Modify or Dismiss Injunction filed by Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 55 Filed & Entered: 11/21/2011 Order ORDER: the Injunction of 9/7/2011 [21] is dissolved conditioned upon South Bend selling the subject realty at public auction in conformity with I.C. 36-1-11-4 and pursuant to the terms of its Notice to Bidders. Signed by Judge Robert L Miller, Jr on 11/21/11. (ksc) Filed: 12/16/2011Entered: 12/19/2011Terminated: 02/29/2012 USCA Appeal Fees USCA Appeal Fees received $ 455, receipt number 3002911 re [58] Notice of Appeal. (ksc) 56 Filed & Entered: 12/16/2011Terminated: 02/17/2012 Motion for Attorney Fees MOTION for Attorney Fees and Costs by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Attachments: # (1) Affidavit Gavin M. Rose, # (2) Affidavit Kenneth J. Falk, # (3) Affidavit Alex J. Luchenitser, # (4) Affidavit Daniel Mach, # (5) Affidavit William L. Wilson, # (6) Affidavit Michael K. Sutherlin, # (7) Affidavit Richard A. Waples)(Rose, Gavin) 57 Filed & Entered: 12/16/2011 Memorandum in Support MEMORANDUM in Support of [56] MOTION for Attorney Fees and Costs filed by Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 58 Filed & Entered: 12/16/2011Terminated: 02/29/2012 Notice of Appeal NOTICE OF APPEAL as to [55] Order, [52] Order on Motion for Miscellaneous Relief, [21] Opinion and Order, Terminate Motions,, by South Bend City of. (Leone, Charles) Modified to add link on 12/19/2011 (ksc). 59 Filed & Entered: 12/19/2011Terminated: 02/29/2012 Short Record Sent to USCA Short Record Sent to US Court of Appeals re [58] Notice of Appeal. Appeal filing fees paid in the amount of $455 - Receipt # 3002911. (Attachments: # (1) Notice of Appeal, # (2) Order of 11/21/2011, # (3) Opinion and Order of 10/19/2011, # (4) Opinion and Order of 9/7/2011, # (5) Clerk's Judgment, # (6) Docket Sheet)(ksc) 60 Filed & Entered: 12/20/2011Terminated: 02/29/2012 USCA Case Number USCA Case Number 11-3811 for [58] Notice of Appeal filed by South Bend City of. (ksc) 61 Filed & Entered: 12/23/2011 Memorandum in Opposition MEMORANDUM in Opposition to [56] MOTION for Attorney Fees and Costs filed by South Bend City of. (Attachments: # (1) Affidavit of Aladean M. DeRose)(Leone, Charles) 62 Filed & Entered: 12/27/2011Terminated: 12/27/2011 Motion for Extension of Time to File Response/Reply Consent MOTION for Extension of Time to File Response/Reply as to [56] MOTION for Attorney Fees and Costs (Unopposed Motion for Extension of Time to File Reply Memorandum) by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 63 Filed: 12/27/2011Entered: 12/28/2011 Order on Motion for Extension of Time to File Response/Reply ORDER granting [62] Motion for Extension of Time to File Reply in support of motion for attorneys' fees and costs. Reply to be filed by 1/10/2012.. Signed by Judge Robert L Miller, Jr on 12/27/11. (smp) 64 Filed & Entered: 01/09/2012 Reply to Response to Motion REPLY to Response to Motion re [56] MOTION for Attorney Fees and Costs filed by Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Attachments: # (1) Affidavit (Supp. Aff. of Rose), # (2) Affidavit (Reply Decl. of Luchenitser))(Rose, Gavin) 65 Filed & Entered: 02/08/2012Terminated: 02/09/2012 Motion for Extension of Time to File Consent MOTION for Extension of Time to File Petition for Supplemental Attorneys' Fees and Costs by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 66 Filed: 02/09/2012Entered: 02/10/2012 Order on Motion for Extension of Time to File ORDER granting [65] Motion for Extension of Time to File Petition for Supplemental Attorneys' Fees and Costs to/including 30 days following disposition of pltf's Motion for Attorneys' Fees and Costs. Signed by Judge Robert L Miller, Jr on 2/9/12. (jld) 67 Filed: 02/17/2012Entered: 02/22/2012 Order on Motion for Attorney Fees OPINION AND ORDER granting [56] Motion for Attorney Fees in the sum of $70,695.06. Signed by Judge Robert L Miller, Jr on 2/17/12. (jld) 68 Filed & Entered: 02/29/2012 USCA Mandate MANDATE of USCA as to [58] Notice of Appeal filed by South Bend City of. The appeal, untimely and moot, is DISMISSED (Attachments: # (1) Certified Judgment, # (2) Certified Opinion)(jld) 69 Filed & Entered: 03/15/2012Terminated: 03/16/2012 Motion for Extension of Time to File Consent MOTION for Extension of Time to File Supplemental Petition for Attorneys' Fees and Costs by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 70 Filed & Entered: 03/16/2012 Order on Motion for Extension of Time to File ORDER granting [69] Motion for Extension of Time to File petition for supplemental atty fees and costs. Petition to be filed by 5/18/2012.. Signed by Judge Robert L Miller, Jr on 3/16/12. (jld) 71 Filed & Entered: 04/12/2012 Notice (Other) NOTICE by Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz of Settlement/Satisfaction of Attorneys' Fees Entitlement (Rose, Gavin)


22	Filed: 9/6/2011, Entered: 9/8/2011	Receipt
	RECEIPT of letter addressed to Judge Miller from George E Lane, Citizens for the Accountability of Government, Inc. (ksc)
	Request

20	Filed: 9/6/2011, Entered: 9/7/2011	Order on Application to Appear Pro Hac Vice
	ORDER granting [18] Application to Appear Pro Hac Vice of Attorney Ayesha N Khan PHV for Eric Brown, Tim Delaney,Peter Reimers, and Roy Wirtz. Signed by Magistrate Judge Christopher A Nuechterlein on 9/6/11. (ksc)


19	Filed: 9/6/2011, Entered: 9/6/2011	Notice - Other
	NOTICE by Eric Brown, Tim Delaney, Peter Reimers, South Bend City of, Roy Wirtz Notice Regarding Consolidation (Rose, Gavin)
	Request

18	Filed: 9/2/2011, Entered: 9/6/2011	Application to Appear Pro Hac Vice
	APPLICATION for Attorney Ayesha N Khan to Appear Pro Hac Vice on behalf of Roy Wirtz, Eric Brown, Peter Reimers, and Tim Delaney ; Receipt #3002103. (kds)


17	Filed: 8/31/2011, Entered: 8/31/2011	Order on Application to Appear Pro Hac Vice
	ORDER granting [12] Application to Appear Pro Hac Vice of Attorney Alexander J Luchenitser PHV for Eric Brown, Tim Delaney, Peter Reimers, and Roy Wirtz. Signed by Magistrate Judge Christopher A Nuechterlein on 8/29/11. (ksc)


16	Filed: 8/31/2011, Entered: 8/31/2011	terminate hearings
	MOTION HEARING held on 8/31/2011 in re [5] MOTION for Preliminary Injunction filed by Roy Wirtz, Eric Brown, Tim Delaney, Peter Reimers before Judge Robert L Miller, Jr.L parties present; Pltfs appeared by atty Gavin Rose; Dft appeared by atty Charles Leone; counsel presented further arguments before the court; motion taken under advisement; parties to inform the court if they wish to advance the trial date in this case. (Court Reporter D. Bonk.) (arl) 17 Filed & Entered: 08/31/2011 Order on Application to Appear Pro Hac Vice ORDER granting [12] Application to Appear Pro Hac Vice of Attorney Alexander J Luchenitser PHV for Eric Brown, Tim Delaney, Peter Reimers, and Roy Wirtz. Signed by Magistrate Judge Christopher A Nuechterlein on 8/29/11. (ksc) 18 Filed: 09/02/2011Entered: 09/06/2011Terminated: 09/06/2011 Application to Appear Pro Hac Vice APPLICATION for Attorney Ayesha N Khan to Appear Pro Hac Vice on behalf of Roy Wirtz, Eric Brown, Peter Reimers, and Tim Delaney ; Receipt #3002103. (kds) 19 Filed & Entered: 09/06/2011 Notice (Other) NOTICE by Eric Brown, Tim Delaney, Peter Reimers, South Bend City of, Roy Wirtz Notice Regarding Consolidation (Rose, Gavin) 20 Filed: 09/06/2011Entered: 09/07/2011 Order on Application to Appear Pro Hac Vice ORDER granting [18] Application to Appear Pro Hac Vice of Attorney Ayesha N Khan PHV for Eric Brown, Tim Delaney,Peter Reimers, and Roy Wirtz. Signed by Magistrate Judge Christopher A Nuechterlein on 9/6/11. (ksc) 22 Filed: 09/06/2011Entered: 09/08/2011 Receipt RECEIPT of letter addressed to Judge Miller from George E Lane, Citizens for the Accountability of Government, Inc. (ksc) 21 Filed & Entered: 09/07/2011 Opinion and Order OPINION AND ORDER re: [5] MOTION for Preliminary Injunction . The City of South Bend is enjoined from transferring the property at 717 E. LaSalle Ave. to Northeast Neighborhood Revitalization, Inc. for transfer to St. Josephs High School. Signed by Judge Robert L Miller, Jr on 9/7/11. (ksc) 23 Filed & Entered: 09/09/2011 Transcript TRANSCRIPT of Hearing held on 8/31/11, before Judge Robert L. Miller, Jr. Court Reporter Debra Bonk, Telephone number 574-246-8039. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IMPORTANT: Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above matter. The parties have 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Redaction Request - Transcript shall be e-filed with the Court. Access to this request will be restricted to the Court and attorneys of record in the case. If no such Notice and Redaction Request are filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the Court Reporter. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Notice of Intent to Redact due 9/20/2011. Redaction Request due 9/30/2011. Redacted Transcript Deadline set for 10/11/2011. Release of Transcript Restriction set for 12/8/2011. (ksc) 24 Filed & Entered: 09/09/2011Terminated: 10/19/2011 Motion for Miscellaneous Relief MOTION to Modify or Dismiss Injunction and for Expedited Hearing re [21] Memorandum & Opinion, Terminate Motions,, by Defendant South Bend City of. (Leone, Charles) 25 Filed & Entered: 09/12/2011 Clerks Judgment CLERK'S ENTRY OF JUDGMENT. (ksc) 26 Filed & Entered: 09/12/2011Terminated: 10/19/2011 Motion to Expedite MOTION to Expedite Hearing by Defendant South Bend City of. (Leone, Charles) 27 Filed & Entered: 09/14/2011Terminated: 09/16/2011 Motion for Extension of Time to File Consent MOTION for Extension of Time to File Petition for Attorneys Fees and Costs (Unopposed) by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 28 Filed & Entered: 09/16/2011Terminated: 09/16/2011 Motion to Seal Joint MOTION to Seal Motion for Leave to File Stipulation Under Temporary Seal by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz, Defendant South Bend City of. (Rose, Gavin) 29 Filed & Entered: 09/16/2011 Sealed Document Sealed Document re [28] Joint MOTION to Seal Motion for Leave to File Stipulation Under Temporary Seal. (Rose, Gavin) 30 Filed & Entered: 09/16/2011 Memorandum in Opposition MEMORANDUM in Opposition to [24] MOTION to Modify or Dismiss Injunction and for Expedited Hearing re [21] Memorandum & Opinion, Terminate Motions,, (Response in Opposition to Rule 60(b) Motion) filed by Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 31 Filed: 09/16/2011Entered: 09/19/2011 Order on Motion to Seal ORDER denying [28] Joint Motion to Seal. Signed by Judge Robert L Miller, Jr on 9/16/11. (ksc) 32 Filed: 09/16/2011Entered: 09/19/2011 Order on Motion for Extension of Time to File ORDER granting [27] Motion for Extension of Time to File Petition for Attorneys Fees and Costs. Signed by Judge Robert L Miller, Jr on 9/16/11. (ksc) 33 Filed & Entered: 09/19/2011Terminated: 09/19/2011 Stipulation Second STIPULATION of Facts (Redacted) by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz, Defendant South Bend City of. (Rose, Gavin) 34 Filed & Entered: 09/19/2011Terminated: 09/20/2011 Motion to Seal Joint MOTION to Seal Unredacted Version of Second Stipulation of Facts by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz, Defendant South Bend City of. (Rose, Gavin) 35 Filed & Entered: 09/19/2011 Sealed Document UNSEALED PER ORDER [49] Sealed Document re [34] Joint MOTION to Seal Unredacted Version of Second Stipulation of Facts. (Rose, Gavin) Modified on 10/4/2011 to unseal document (jld). 36 Filed: 09/20/2011Entered: 09/21/2011 Order on Motion to Seal ORDER granting [34] Joint Motion to Seal Unredacted Version of Parties' Second Stipulation of Facts. Signed by Judge Robert L Miller, Jr on 9/20/11. (ksc) 37 Filed & Entered: 09/21/2011 Notice (Other) NOTICE by South Bend City of re [24] MOTION to Modify or Dismiss Injunction and for Expedited Hearing re [21] Memorandum & Opinion, Terminate Motions,, of Clarification of or Amendment to City's Motion to Modify or Dismiss Injunction (Leone, Charles) 38 Filed & Entered: 09/22/2011 Order ORDER affording plaintiffs to and including 9/30/2011 within which to supplement their response to [24] MOTION to Modify or Dismiss Injunction and for Expedited Hearing. Defendant's reply to be filed by 10/7/2011. Signed by Judge Robert L Miller, Jr on 9/22/11. (ksc) 39 Filed & Entered: 09/23/2011Terminated: 09/26/2011 Stipulation Third STIPULATION of Facts by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz, Defendant South Bend City of. (Rose, Gavin) 40 Filed & Entered: 09/23/2011 Memorandum in Support MEMORANDUM in Support of [24] MOTION to Modify or Dismiss Injunction and for Expedited Hearing re [21] Memorandum & Opinion, Terminate Motions,, filed by South Bend City of. (Attachments: # (1) Exhibit "1" Resolution, # (2) Exhibit "2" Notice to Bidders)(Leone, Charles) 41 Filed & Entered: 09/23/2011Terminated: 09/28/2011 Motion for Miscellaneous Relief MOTION re [40] Memorandum in Support, for Leave to File Belatedly Affidavit of Donald E. Inks by Defendant South Bend City of. (Leone, Charles) 42 Filed & Entered: 09/26/2011 Affidavit AFFIDAVIT re [40] Memorandum in Support, of Donald E. Inks and Notice of Additional Exhibit "4" by South Bend City of. (Leone, Charles) 43 Filed & Entered: 09/27/2011 Notice (Other) NOTICE by South Bend City of re [42] Affidavit, [40] Memorandum in Support, of Submission of Exhibit "A" to Affidavit of Donald E. Inks (Leone, Charles) 44 Filed & Entered: 09/28/2011 Order on Motion for Miscellaneous Relief ORDER granting [41] Motion for leave to file belatedly the Affidavit of Donald E. Inks. Signed by Judge Robert L Miller, Jr on 9/28/11. (ksc) 45 Filed & Entered: 09/30/2011Terminated: 10/03/2011 Motion to Unseal Document Joint MOTION to Unseal Document [35] Sealed Document (Unredacted Version of Second Stipulation of Facts) by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz, Defendant South Bend City of. (Rose, Gavin) 46 Filed & Entered: 09/30/2011Terminated: 10/03/2011 Motion for Leave to File MOTION for Leave to File Supplemental Response in Opposition to Rule 60(b)(5) Motion by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Attachments: # (1) Supplement Supplemental Response in Opposition to Rule 60 Motion)(Rose, Gavin) 48 Filed: 09/30/2011Entered: 10/04/2011 Response to Motion SUPPLEMENTAL RESPONSE to Motion re [24] MOTION to Modify or Dismiss Injunction filed by Eric Brown, Tim Delaney, Peter Reimers. (filed per order [47]) (jld) 47 Filed: 10/03/2011Entered: 10/04/2011 Order on Motion for Leave to File ORDER granting [46] Motion for Leave to File Supplemental Response. Supplemental Response deemed filed as of the date of tender.. Signed by Judge Robert L Miller, Jr on 10/3/11. (jld) 49 Filed: 10/03/2011Entered: 10/04/2011 Order on Motion to Unseal Document ORDER granting [45] Motion to Unseal Document [35] Unredacted version of Stipulation. Signed by Judge Robert L Miller, Jr on 10/3/11. (jld) 50 Filed & Entered: 10/06/2011 Reply to Response to Motion REPLY to Response to [24] Motion to Rule 60(b)(5) Motion filed by South Bend City of. (Leone, Charles) Modified to correct link and text on 10/7/2011 (ksc). Modified on 10/7/2011 to correct link and text (jld). 51 Filed & Entered: 10/07/2011 Waiver WAIVER by South Bend City of Oral Argument on Motion to Modify or Dismiss Injunction. (Leone, Charles) 52 Filed & Entered: 10/19/2011 Order on Motion for Miscellaneous Relief OPINION AND ORDER denying [24] Motion to Modify or Dismiss Injunction. Signed by Judge Robert L Miller, Jr on 10/19/11. (ksc) 53 Filed & Entered: 11/16/2011Terminated: 11/21/2011 Motion for Miscellaneous Relief Second MOTION to Modify or Dismiss Injunction by Defendant South Bend City of. (Attachments: # (1) Exhibit "A" Resolution, # (2) Exhibit "B" Notice to Bidders)(Leone, Charles) 54 Filed & Entered: 11/18/2011 Response to Motion RESPONSE to Motion re [53] Second MOTION to Modify or Dismiss Injunction filed by Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 55 Filed & Entered: 11/21/2011 Order ORDER: the Injunction of 9/7/2011 [21] is dissolved conditioned upon South Bend selling the subject realty at public auction in conformity with I.C. 36-1-11-4 and pursuant to the terms of its Notice to Bidders. Signed by Judge Robert L Miller, Jr on 11/21/11. (ksc) Filed: 12/16/2011Entered: 12/19/2011Terminated: 02/29/2012 USCA Appeal Fees USCA Appeal Fees received $ 455, receipt number 3002911 re [58] Notice of Appeal. (ksc) 56 Filed & Entered: 12/16/2011Terminated: 02/17/2012 Motion for Attorney Fees MOTION for Attorney Fees and Costs by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Attachments: # (1) Affidavit Gavin M. Rose, # (2) Affidavit Kenneth J. Falk, # (3) Affidavit Alex J. Luchenitser, # (4) Affidavit Daniel Mach, # (5) Affidavit William L. Wilson, # (6) Affidavit Michael K. Sutherlin, # (7) Affidavit Richard A. Waples)(Rose, Gavin) 57 Filed & Entered: 12/16/2011 Memorandum in Support MEMORANDUM in Support of [56] MOTION for Attorney Fees and Costs filed by Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 58 Filed & Entered: 12/16/2011Terminated: 02/29/2012 Notice of Appeal NOTICE OF APPEAL as to [55] Order, [52] Order on Motion for Miscellaneous Relief, [21] Opinion and Order, Terminate Motions,, by South Bend City of. (Leone, Charles) Modified to add link on 12/19/2011 (ksc). 59 Filed & Entered: 12/19/2011Terminated: 02/29/2012 Short Record Sent to USCA Short Record Sent to US Court of Appeals re [58] Notice of Appeal. Appeal filing fees paid in the amount of $455 - Receipt # 3002911. (Attachments: # (1) Notice of Appeal, # (2) Order of 11/21/2011, # (3) Opinion and Order of 10/19/2011, # (4) Opinion and Order of 9/7/2011, # (5) Clerk's Judgment, # (6) Docket Sheet)(ksc) 60 Filed & Entered: 12/20/2011Terminated: 02/29/2012 USCA Case Number USCA Case Number 11-3811 for [58] Notice of Appeal filed by South Bend City of. (ksc) 61 Filed & Entered: 12/23/2011 Memorandum in Opposition MEMORANDUM in Opposition to [56] MOTION for Attorney Fees and Costs filed by South Bend City of. (Attachments: # (1) Affidavit of Aladean M. DeRose)(Leone, Charles) 62 Filed & Entered: 12/27/2011Terminated: 12/27/2011 Motion for Extension of Time to File Response/Reply Consent MOTION for Extension of Time to File Response/Reply as to [56] MOTION for Attorney Fees and Costs (Unopposed Motion for Extension of Time to File Reply Memorandum) by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 63 Filed: 12/27/2011Entered: 12/28/2011 Order on Motion for Extension of Time to File Response/Reply ORDER granting [62] Motion for Extension of Time to File Reply in support of motion for attorneys' fees and costs. Reply to be filed by 1/10/2012.. Signed by Judge Robert L Miller, Jr on 12/27/11. (smp) 64 Filed & Entered: 01/09/2012 Reply to Response to Motion REPLY to Response to Motion re [56] MOTION for Attorney Fees and Costs filed by Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Attachments: # (1) Affidavit (Supp. Aff. of Rose), # (2) Affidavit (Reply Decl. of Luchenitser))(Rose, Gavin) 65 Filed & Entered: 02/08/2012Terminated: 02/09/2012 Motion for Extension of Time to File Consent MOTION for Extension of Time to File Petition for Supplemental Attorneys' Fees and Costs by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 66 Filed: 02/09/2012Entered: 02/10/2012 Order on Motion for Extension of Time to File ORDER granting [65] Motion for Extension of Time to File Petition for Supplemental Attorneys' Fees and Costs to/including 30 days following disposition of pltf's Motion for Attorneys' Fees and Costs. Signed by Judge Robert L Miller, Jr on 2/9/12. (jld) 67 Filed: 02/17/2012Entered: 02/22/2012 Order on Motion for Attorney Fees OPINION AND ORDER granting [56] Motion for Attorney Fees in the sum of $70,695.06. Signed by Judge Robert L Miller, Jr on 2/17/12. (jld) 68 Filed & Entered: 02/29/2012 USCA Mandate MANDATE of USCA as to [58] Notice of Appeal filed by South Bend City of. The appeal, untimely and moot, is DISMISSED (Attachments: # (1) Certified Judgment, # (2) Certified Opinion)(jld) 69 Filed & Entered: 03/15/2012Terminated: 03/16/2012 Motion for Extension of Time to File Consent MOTION for Extension of Time to File Supplemental Petition for Attorneys' Fees and Costs by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 70 Filed & Entered: 03/16/2012 Order on Motion for Extension of Time to File ORDER granting [69] Motion for Extension of Time to File petition for supplemental atty fees and costs. Petition to be filed by 5/18/2012.. Signed by Judge Robert L Miller, Jr on 3/16/12. (jld) 71 Filed & Entered: 04/12/2012 Notice (Other) NOTICE by Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz of Settlement/Satisfaction of Attorneys' Fees Entitlement (Rose, Gavin)


15	Filed: 8/30/2011, Entered: 8/30/2011	Memorandum in opposition
	MEMORANDUM in Opposition to [5] MOTION for Preliminary Injunction filed by South Bend City of. (Leone, Charles) 16 Filed & Entered: 08/31/2011 Terminate Hearings MOTION HEARING held on 8/31/2011 in re [5] MOTION for Preliminary Injunction filed by Roy Wirtz, Eric Brown, Tim Delaney, Peter Reimers before Judge Robert L Miller, Jr.L parties present; Pltfs appeared by atty Gavin Rose; Dft appeared by atty Charles Leone; counsel presented further arguments before the court; motion taken under advisement; parties to inform the court if they wish to advance the trial date in this case. (Court Reporter D. Bonk.) (arl) 17 Filed & Entered: 08/31/2011 Order on Application to Appear Pro Hac Vice ORDER granting [12] Application to Appear Pro Hac Vice of Attorney Alexander J Luchenitser PHV for Eric Brown, Tim Delaney, Peter Reimers, and Roy Wirtz. Signed by Magistrate Judge Christopher A Nuechterlein on 8/29/11. (ksc) 18 Filed: 09/02/2011Entered: 09/06/2011Terminated: 09/06/2011 Application to Appear Pro Hac Vice APPLICATION for Attorney Ayesha N Khan to Appear Pro Hac Vice on behalf of Roy Wirtz, Eric Brown, Peter Reimers, and Tim Delaney ; Receipt #3002103. (kds) 19 Filed & Entered: 09/06/2011 Notice (Other) NOTICE by Eric Brown, Tim Delaney, Peter Reimers, South Bend City of, Roy Wirtz Notice Regarding Consolidation (Rose, Gavin) 20 Filed: 09/06/2011Entered: 09/07/2011 Order on Application to Appear Pro Hac Vice ORDER granting [18] Application to Appear Pro Hac Vice of Attorney Ayesha N Khan PHV for Eric Brown, Tim Delaney,Peter Reimers, and Roy Wirtz. Signed by Magistrate Judge Christopher A Nuechterlein on 9/6/11. (ksc) 22 Filed: 09/06/2011Entered: 09/08/2011 Receipt RECEIPT of letter addressed to Judge Miller from George E Lane, Citizens for the Accountability of Government, Inc. (ksc) 21 Filed & Entered: 09/07/2011 Opinion and Order OPINION AND ORDER re: [5] MOTION for Preliminary Injunction . The City of South Bend is enjoined from transferring the property at 717 E. LaSalle Ave. to Northeast Neighborhood Revitalization, Inc. for transfer to St. Josephs High School. Signed by Judge Robert L Miller, Jr on 9/7/11. (ksc) 23 Filed & Entered: 09/09/2011 Transcript TRANSCRIPT of Hearing held on 8/31/11, before Judge Robert L. Miller, Jr. Court Reporter Debra Bonk, Telephone number 574-246-8039. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IMPORTANT: Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above matter. The parties have 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Redaction Request - Transcript shall be e-filed with the Court. Access to this request will be restricted to the Court and attorneys of record in the case. If no such Notice and Redaction Request are filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the Court Reporter. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Notice of Intent to Redact due 9/20/2011. Redaction Request due 9/30/2011. Redacted Transcript Deadline set for 10/11/2011. Release of Transcript Restriction set for 12/8/2011. (ksc) 24 Filed & Entered: 09/09/2011Terminated: 10/19/2011 Motion for Miscellaneous Relief MOTION to Modify or Dismiss Injunction and for Expedited Hearing re [21] Memorandum & Opinion, Terminate Motions,, by Defendant South Bend City of. (Leone, Charles) 25 Filed & Entered: 09/12/2011 Clerks Judgment CLERK'S ENTRY OF JUDGMENT. (ksc) 26 Filed & Entered: 09/12/2011Terminated: 10/19/2011 Motion to Expedite MOTION to Expedite Hearing by Defendant South Bend City of. (Leone, Charles) 27 Filed & Entered: 09/14/2011Terminated: 09/16/2011 Motion for Extension of Time to File Consent MOTION for Extension of Time to File Petition for Attorneys Fees and Costs (Unopposed) by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 28 Filed & Entered: 09/16/2011Terminated: 09/16/2011 Motion to Seal Joint MOTION to Seal Motion for Leave to File Stipulation Under Temporary Seal by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz, Defendant South Bend City of. (Rose, Gavin) 29 Filed & Entered: 09/16/2011 Sealed Document Sealed Document re [28] Joint MOTION to Seal Motion for Leave to File Stipulation Under Temporary Seal. (Rose, Gavin) 30 Filed & Entered: 09/16/2011 Memorandum in Opposition MEMORANDUM in Opposition to [24] MOTION to Modify or Dismiss Injunction and for Expedited Hearing re [21] Memorandum & Opinion, Terminate Motions,, (Response in Opposition to Rule 60(b) Motion) filed by Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 31 Filed: 09/16/2011Entered: 09/19/2011 Order on Motion to Seal ORDER denying [28] Joint Motion to Seal. Signed by Judge Robert L Miller, Jr on 9/16/11. (ksc) 32 Filed: 09/16/2011Entered: 09/19/2011 Order on Motion for Extension of Time to File ORDER granting [27] Motion for Extension of Time to File Petition for Attorneys Fees and Costs. Signed by Judge Robert L Miller, Jr on 9/16/11. (ksc) 33 Filed & Entered: 09/19/2011Terminated: 09/19/2011 Stipulation Second STIPULATION of Facts (Redacted) by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz, Defendant South Bend City of. (Rose, Gavin) 34 Filed & Entered: 09/19/2011Terminated: 09/20/2011 Motion to Seal Joint MOTION to Seal Unredacted Version of Second Stipulation of Facts by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz, Defendant South Bend City of. (Rose, Gavin) 35 Filed & Entered: 09/19/2011 Sealed Document UNSEALED PER ORDER [49] Sealed Document re [34] Joint MOTION to Seal Unredacted Version of Second Stipulation of Facts. (Rose, Gavin) Modified on 10/4/2011 to unseal document (jld). 36 Filed: 09/20/2011Entered: 09/21/2011 Order on Motion to Seal ORDER granting [34] Joint Motion to Seal Unredacted Version of Parties' Second Stipulation of Facts. Signed by Judge Robert L Miller, Jr on 9/20/11. (ksc) 37 Filed & Entered: 09/21/2011 Notice (Other) NOTICE by South Bend City of re [24] MOTION to Modify or Dismiss Injunction and for Expedited Hearing re [21] Memorandum & Opinion, Terminate Motions,, of Clarification of or Amendment to City's Motion to Modify or Dismiss Injunction (Leone, Charles) 38 Filed & Entered: 09/22/2011 Order ORDER affording plaintiffs to and including 9/30/2011 within which to supplement their response to [24] MOTION to Modify or Dismiss Injunction and for Expedited Hearing. Defendant's reply to be filed by 10/7/2011. Signed by Judge Robert L Miller, Jr on 9/22/11. (ksc) 39 Filed & Entered: 09/23/2011Terminated: 09/26/2011 Stipulation Third STIPULATION of Facts by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz, Defendant South Bend City of. (Rose, Gavin) 40 Filed & Entered: 09/23/2011 Memorandum in Support MEMORANDUM in Support of [24] MOTION to Modify or Dismiss Injunction and for Expedited Hearing re [21] Memorandum & Opinion, Terminate Motions,, filed by South Bend City of. (Attachments: # (1) Exhibit "1" Resolution, # (2) Exhibit "2" Notice to Bidders)(Leone, Charles) 41 Filed & Entered: 09/23/2011Terminated: 09/28/2011 Motion for Miscellaneous Relief MOTION re [40] Memorandum in Support, for Leave to File Belatedly Affidavit of Donald E. Inks by Defendant South Bend City of. (Leone, Charles) 42 Filed & Entered: 09/26/2011 Affidavit AFFIDAVIT re [40] Memorandum in Support, of Donald E. Inks and Notice of Additional Exhibit "4" by South Bend City of. (Leone, Charles) 43 Filed & Entered: 09/27/2011 Notice (Other) NOTICE by South Bend City of re [42] Affidavit, [40] Memorandum in Support, of Submission of Exhibit "A" to Affidavit of Donald E. Inks (Leone, Charles) 44 Filed & Entered: 09/28/2011 Order on Motion for Miscellaneous Relief ORDER granting [41] Motion for leave to file belatedly the Affidavit of Donald E. Inks. Signed by Judge Robert L Miller, Jr on 9/28/11. (ksc) 45 Filed & Entered: 09/30/2011Terminated: 10/03/2011 Motion to Unseal Document Joint MOTION to Unseal Document [35] Sealed Document (Unredacted Version of Second Stipulation of Facts) by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz, Defendant South Bend City of. (Rose, Gavin) 46 Filed & Entered: 09/30/2011Terminated: 10/03/2011 Motion for Leave to File MOTION for Leave to File Supplemental Response in Opposition to Rule 60(b)(5) Motion by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Attachments: # (1) Supplement Supplemental Response in Opposition to Rule 60 Motion)(Rose, Gavin) 48 Filed: 09/30/2011Entered: 10/04/2011 Response to Motion SUPPLEMENTAL RESPONSE to Motion re [24] MOTION to Modify or Dismiss Injunction filed by Eric Brown, Tim Delaney, Peter Reimers. (filed per order [47]) (jld) 47 Filed: 10/03/2011Entered: 10/04/2011 Order on Motion for Leave to File ORDER granting [46] Motion for Leave to File Supplemental Response. Supplemental Response deemed filed as of the date of tender.. Signed by Judge Robert L Miller, Jr on 10/3/11. (jld) 49 Filed: 10/03/2011Entered: 10/04/2011 Order on Motion to Unseal Document ORDER granting [45] Motion to Unseal Document [35] Unredacted version of Stipulation. Signed by Judge Robert L Miller, Jr on 10/3/11. (jld) 50 Filed & Entered: 10/06/2011 Reply to Response to Motion REPLY to Response to [24] Motion to Rule 60(b)(5) Motion filed by South Bend City of. (Leone, Charles) Modified to correct link and text on 10/7/2011 (ksc). Modified on 10/7/2011 to correct link and text (jld). 51 Filed & Entered: 10/07/2011 Waiver WAIVER by South Bend City of Oral Argument on Motion to Modify or Dismiss Injunction. (Leone, Charles) 52 Filed & Entered: 10/19/2011 Order on Motion for Miscellaneous Relief OPINION AND ORDER denying [24] Motion to Modify or Dismiss Injunction. Signed by Judge Robert L Miller, Jr on 10/19/11. (ksc) 53 Filed & Entered: 11/16/2011Terminated: 11/21/2011 Motion for Miscellaneous Relief Second MOTION to Modify or Dismiss Injunction by Defendant South Bend City of. (Attachments: # (1) Exhibit "A" Resolution, # (2) Exhibit "B" Notice to Bidders)(Leone, Charles) 54 Filed & Entered: 11/18/2011 Response to Motion RESPONSE to Motion re [53] Second MOTION to Modify or Dismiss Injunction filed by Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 55 Filed & Entered: 11/21/2011 Order ORDER: the Injunction of 9/7/2011 [21] is dissolved conditioned upon South Bend selling the subject realty at public auction in conformity with I.C. 36-1-11-4 and pursuant to the terms of its Notice to Bidders. Signed by Judge Robert L Miller, Jr on 11/21/11. (ksc) Filed: 12/16/2011Entered: 12/19/2011Terminated: 02/29/2012 USCA Appeal Fees USCA Appeal Fees received $ 455, receipt number 3002911 re [58] Notice of Appeal. (ksc) 56 Filed & Entered: 12/16/2011Terminated: 02/17/2012 Motion for Attorney Fees MOTION for Attorney Fees and Costs by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Attachments: # (1) Affidavit Gavin M. Rose, # (2) Affidavit Kenneth J. Falk, # (3) Affidavit Alex J. Luchenitser, # (4) Affidavit Daniel Mach, # (5) Affidavit William L. Wilson, # (6) Affidavit Michael K. Sutherlin, # (7) Affidavit Richard A. Waples)(Rose, Gavin) 57 Filed & Entered: 12/16/2011 Memorandum in Support MEMORANDUM in Support of [56] MOTION for Attorney Fees and Costs filed by Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 58 Filed & Entered: 12/16/2011Terminated: 02/29/2012 Notice of Appeal NOTICE OF APPEAL as to [55] Order, [52] Order on Motion for Miscellaneous Relief, [21] Opinion and Order, Terminate Motions,, by South Bend City of. (Leone, Charles) Modified to add link on 12/19/2011 (ksc). 59 Filed & Entered: 12/19/2011Terminated: 02/29/2012 Short Record Sent to USCA Short Record Sent to US Court of Appeals re [58] Notice of Appeal. Appeal filing fees paid in the amount of $455 - Receipt # 3002911. (Attachments: # (1) Notice of Appeal, # (2) Order of 11/21/2011, # (3) Opinion and Order of 10/19/2011, # (4) Opinion and Order of 9/7/2011, # (5) Clerk's Judgment, # (6) Docket Sheet)(ksc) 60 Filed & Entered: 12/20/2011Terminated: 02/29/2012 USCA Case Number USCA Case Number 11-3811 for [58] Notice of Appeal filed by South Bend City of. (ksc) 61 Filed & Entered: 12/23/2011 Memorandum in Opposition MEMORANDUM in Opposition to [56] MOTION for Attorney Fees and Costs filed by South Bend City of. (Attachments: # (1) Affidavit of Aladean M. DeRose)(Leone, Charles) 62 Filed & Entered: 12/27/2011Terminated: 12/27/2011 Motion for Extension of Time to File Response/Reply Consent MOTION for Extension of Time to File Response/Reply as to [56] MOTION for Attorney Fees and Costs (Unopposed Motion for Extension of Time to File Reply Memorandum) by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 63 Filed: 12/27/2011Entered: 12/28/2011 Order on Motion for Extension of Time to File Response/Reply ORDER granting [62] Motion for Extension of Time to File Reply in support of motion for attorneys' fees and costs. Reply to be filed by 1/10/2012.. Signed by Judge Robert L Miller, Jr on 12/27/11. (smp) 64 Filed & Entered: 01/09/2012 Reply to Response to Motion REPLY to Response to Motion re [56] MOTION for Attorney Fees and Costs filed by Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Attachments: # (1) Affidavit (Supp. Aff. of Rose), # (2) Affidavit (Reply Decl. of Luchenitser))(Rose, Gavin) 65 Filed & Entered: 02/08/2012Terminated: 02/09/2012 Motion for Extension of Time to File Consent MOTION for Extension of Time to File Petition for Supplemental Attorneys' Fees and Costs by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 66 Filed: 02/09/2012Entered: 02/10/2012 Order on Motion for Extension of Time to File ORDER granting [65] Motion for Extension of Time to File Petition for Supplemental Attorneys' Fees and Costs to/including 30 days following disposition of pltf's Motion for Attorneys' Fees and Costs. Signed by Judge Robert L Miller, Jr on 2/9/12. (jld) 67 Filed: 02/17/2012Entered: 02/22/2012 Order on Motion for Attorney Fees OPINION AND ORDER granting [56] Motion for Attorney Fees in the sum of $70,695.06. Signed by Judge Robert L Miller, Jr on 2/17/12. (jld) 68 Filed & Entered: 02/29/2012 USCA Mandate MANDATE of USCA as to [58] Notice of Appeal filed by South Bend City of. The appeal, untimely and moot, is DISMISSED (Attachments: # (1) Certified Judgment, # (2) Certified Opinion)(jld) 69 Filed & Entered: 03/15/2012Terminated: 03/16/2012 Motion for Extension of Time to File Consent MOTION for Extension of Time to File Supplemental Petition for Attorneys' Fees and Costs by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 70 Filed & Entered: 03/16/2012 Order on Motion for Extension of Time to File ORDER granting [69] Motion for Extension of Time to File petition for supplemental atty fees and costs. Petition to be filed by 5/18/2012.. Signed by Judge Robert L Miller, Jr on 3/16/12. (jld) 71 Filed & Entered: 04/12/2012 Notice (Other) NOTICE by Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz of Settlement/Satisfaction of Attorneys' Fees Entitlement (Rose, Gavin)
	Request

14	Filed: 8/30/2011, Entered: 8/30/2011, Terminated: 8/31/2011	stipulation
	STIPULATION of Facts by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz, Defendant South Bend City of. (Attachments: # (1) Exhibit 1 (East Bank Exec. Summ.), # (2) Exhibit 2 (Comm. Meeting Miutes - 6/6/11), # (3) Exhibit 3 (Meeting Minutes - 6/13/11), # (4) Exhibit 4 (Comm. Meeting Minutes - 6/27/11), # (5) Exhibit 5 (Meeting Minutes - 6/27/11), # (6) Exhibit 6 (Ordinance No. 10099-11), # (7) Exhibit 7 (Agreement for Services), # (8) Exhibit 8 (SJHS Mission and Vision Stmt), # (9) Exhibit 9 (SJHS Student Handbook), # (10) Exhibit 10 (Transaction List))(Rose, Gavin)
	Request

13	Filed: 8/30/2011, Entered: 8/30/2011	Notice - Other
	NOTICE by Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz re [5] MOTION for Preliminary Injunction Notice of Filing of Affidavits (Attachments: # (1) Affidavit (Roy Wirtz), # (2) Affidavit (Eric Brown), # (3) Affidavit (Peter Reimers), # (4) Affidavit (Tim DeLaney))(Rose, Gavin) 14 Filed & Entered: 08/30/2011Terminated: 08/31/2011 Stipulation STIPULATION of Facts by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz, Defendant South Bend City of. (Attachments: # (1) Exhibit 1 (East Bank Exec. Summ.), # (2) Exhibit 2 (Comm. Meeting Miutes - 6/6/11), # (3) Exhibit 3 (Meeting Minutes - 6/13/11), # (4) Exhibit 4 (Comm. Meeting Minutes - 6/27/11), # (5) Exhibit 5 (Meeting Minutes - 6/27/11), # (6) Exhibit 6 (Ordinance No. 10099-11), # (7) Exhibit 7 (Agreement for Services), # (8) Exhibit 8 (SJHS Mission and Vision Stmt), # (9) Exhibit 9 (SJHS Student Handbook), # (10) Exhibit 10 (Transaction List))(Rose, Gavin) 15 Filed & Entered: 08/30/2011 Memorandum in Opposition MEMORANDUM in Opposition to [5] MOTION for Preliminary Injunction filed by South Bend City of. (Leone, Charles) 16 Filed & Entered: 08/31/2011 Terminate Hearings MOTION HEARING held on 8/31/2011 in re [5] MOTION for Preliminary Injunction filed by Roy Wirtz, Eric Brown, Tim Delaney, Peter Reimers before Judge Robert L Miller, Jr.L parties present; Pltfs appeared by atty Gavin Rose; Dft appeared by atty Charles Leone; counsel presented further arguments before the court; motion taken under advisement; parties to inform the court if they wish to advance the trial date in this case. (Court Reporter D. Bonk.) (arl) 17 Filed & Entered: 08/31/2011 Order on Application to Appear Pro Hac Vice ORDER granting [12] Application to Appear Pro Hac Vice of Attorney Alexander J Luchenitser PHV for Eric Brown, Tim Delaney, Peter Reimers, and Roy Wirtz. Signed by Magistrate Judge Christopher A Nuechterlein on 8/29/11. (ksc) 18 Filed: 09/02/2011Entered: 09/06/2011Terminated: 09/06/2011 Application to Appear Pro Hac Vice APPLICATION for Attorney Ayesha N Khan to Appear Pro Hac Vice on behalf of Roy Wirtz, Eric Brown, Peter Reimers, and Tim Delaney ; Receipt #3002103. (kds) 19 Filed & Entered: 09/06/2011 Notice (Other) NOTICE by Eric Brown, Tim Delaney, Peter Reimers, South Bend City of, Roy Wirtz Notice Regarding Consolidation (Rose, Gavin) 20 Filed: 09/06/2011Entered: 09/07/2011 Order on Application to Appear Pro Hac Vice ORDER granting [18] Application to Appear Pro Hac Vice of Attorney Ayesha N Khan PHV for Eric Brown, Tim Delaney,Peter Reimers, and Roy Wirtz. Signed by Magistrate Judge Christopher A Nuechterlein on 9/6/11. (ksc) 22 Filed: 09/06/2011Entered: 09/08/2011 Receipt RECEIPT of letter addressed to Judge Miller from George E Lane, Citizens for the Accountability of Government, Inc. (ksc) 21 Filed & Entered: 09/07/2011 Opinion and Order OPINION AND ORDER re: [5] MOTION for Preliminary Injunction . The City of South Bend is enjoined from transferring the property at 717 E. LaSalle Ave. to Northeast Neighborhood Revitalization, Inc. for transfer to St. Josephs High School. Signed by Judge Robert L Miller, Jr on 9/7/11. (ksc) 23 Filed & Entered: 09/09/2011 Transcript TRANSCRIPT of Hearing held on 8/31/11, before Judge Robert L. Miller, Jr. Court Reporter Debra Bonk, Telephone number 574-246-8039. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IMPORTANT: Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above matter. The parties have 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Redaction Request - Transcript shall be e-filed with the Court. Access to this request will be restricted to the Court and attorneys of record in the case. If no such Notice and Redaction Request are filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the Court Reporter. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Notice of Intent to Redact due 9/20/2011. Redaction Request due 9/30/2011. Redacted Transcript Deadline set for 10/11/2011. Release of Transcript Restriction set for 12/8/2011. (ksc) 24 Filed & Entered: 09/09/2011Terminated: 10/19/2011 Motion for Miscellaneous Relief MOTION to Modify or Dismiss Injunction and for Expedited Hearing re [21] Memorandum & Opinion, Terminate Motions,, by Defendant South Bend City of. (Leone, Charles) 25 Filed & Entered: 09/12/2011 Clerks Judgment CLERK'S ENTRY OF JUDGMENT. (ksc) 26 Filed & Entered: 09/12/2011Terminated: 10/19/2011 Motion to Expedite MOTION to Expedite Hearing by Defendant South Bend City of. (Leone, Charles) 27 Filed & Entered: 09/14/2011Terminated: 09/16/2011 Motion for Extension of Time to File Consent MOTION for Extension of Time to File Petition for Attorneys Fees and Costs (Unopposed) by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 28 Filed & Entered: 09/16/2011Terminated: 09/16/2011 Motion to Seal Joint MOTION to Seal Motion for Leave to File Stipulation Under Temporary Seal by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz, Defendant South Bend City of. (Rose, Gavin) 29 Filed & Entered: 09/16/2011 Sealed Document Sealed Document re [28] Joint MOTION to Seal Motion for Leave to File Stipulation Under Temporary Seal. (Rose, Gavin) 30 Filed & Entered: 09/16/2011 Memorandum in Opposition MEMORANDUM in Opposition to [24] MOTION to Modify or Dismiss Injunction and for Expedited Hearing re [21] Memorandum & Opinion, Terminate Motions,, (Response in Opposition to Rule 60(b) Motion) filed by Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 31 Filed: 09/16/2011Entered: 09/19/2011 Order on Motion to Seal ORDER denying [28] Joint Motion to Seal. Signed by Judge Robert L Miller, Jr on 9/16/11. (ksc) 32 Filed: 09/16/2011Entered: 09/19/2011 Order on Motion for Extension of Time to File ORDER granting [27] Motion for Extension of Time to File Petition for Attorneys Fees and Costs. Signed by Judge Robert L Miller, Jr on 9/16/11. (ksc) 33 Filed & Entered: 09/19/2011Terminated: 09/19/2011 Stipulation Second STIPULATION of Facts (Redacted) by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz, Defendant South Bend City of. (Rose, Gavin) 34 Filed & Entered: 09/19/2011Terminated: 09/20/2011 Motion to Seal Joint MOTION to Seal Unredacted Version of Second Stipulation of Facts by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz, Defendant South Bend City of. (Rose, Gavin) 35 Filed & Entered: 09/19/2011 Sealed Document UNSEALED PER ORDER [49] Sealed Document re [34] Joint MOTION to Seal Unredacted Version of Second Stipulation of Facts. (Rose, Gavin) Modified on 10/4/2011 to unseal document (jld). 36 Filed: 09/20/2011Entered: 09/21/2011 Order on Motion to Seal ORDER granting [34] Joint Motion to Seal Unredacted Version of Parties' Second Stipulation of Facts. Signed by Judge Robert L Miller, Jr on 9/20/11. (ksc) 37 Filed & Entered: 09/21/2011 Notice (Other) NOTICE by South Bend City of re [24] MOTION to Modify or Dismiss Injunction and for Expedited Hearing re [21] Memorandum & Opinion, Terminate Motions,, of Clarification of or Amendment to City's Motion to Modify or Dismiss Injunction (Leone, Charles) 38 Filed & Entered: 09/22/2011 Order ORDER affording plaintiffs to and including 9/30/2011 within which to supplement their response to [24] MOTION to Modify or Dismiss Injunction and for Expedited Hearing. Defendant's reply to be filed by 10/7/2011. Signed by Judge Robert L Miller, Jr on 9/22/11. (ksc) 39 Filed & Entered: 09/23/2011Terminated: 09/26/2011 Stipulation Third STIPULATION of Facts by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz, Defendant South Bend City of. (Rose, Gavin) 40 Filed & Entered: 09/23/2011 Memorandum in Support MEMORANDUM in Support of [24] MOTION to Modify or Dismiss Injunction and for Expedited Hearing re [21] Memorandum & Opinion, Terminate Motions,, filed by South Bend City of. (Attachments: # (1) Exhibit "1" Resolution, # (2) Exhibit "2" Notice to Bidders)(Leone, Charles) 41 Filed & Entered: 09/23/2011Terminated: 09/28/2011 Motion for Miscellaneous Relief MOTION re [40] Memorandum in Support, for Leave to File Belatedly Affidavit of Donald E. Inks by Defendant South Bend City of. (Leone, Charles) 42 Filed & Entered: 09/26/2011 Affidavit AFFIDAVIT re [40] Memorandum in Support, of Donald E. Inks and Notice of Additional Exhibit "4" by South Bend City of. (Leone, Charles) 43 Filed & Entered: 09/27/2011 Notice (Other) NOTICE by South Bend City of re [42] Affidavit, [40] Memorandum in Support, of Submission of Exhibit "A" to Affidavit of Donald E. Inks (Leone, Charles) 44 Filed & Entered: 09/28/2011 Order on Motion for Miscellaneous Relief ORDER granting [41] Motion for leave to file belatedly the Affidavit of Donald E. Inks. Signed by Judge Robert L Miller, Jr on 9/28/11. (ksc) 45 Filed & Entered: 09/30/2011Terminated: 10/03/2011 Motion to Unseal Document Joint MOTION to Unseal Document [35] Sealed Document (Unredacted Version of Second Stipulation of Facts) by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz, Defendant South Bend City of. (Rose, Gavin) 46 Filed & Entered: 09/30/2011Terminated: 10/03/2011 Motion for Leave to File MOTION for Leave to File Supplemental Response in Opposition to Rule 60(b)(5) Motion by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Attachments: # (1) Supplement Supplemental Response in Opposition to Rule 60 Motion)(Rose, Gavin) 48 Filed: 09/30/2011Entered: 10/04/2011 Response to Motion SUPPLEMENTAL RESPONSE to Motion re [24] MOTION to Modify or Dismiss Injunction filed by Eric Brown, Tim Delaney, Peter Reimers. (filed per order [47]) (jld) 47 Filed: 10/03/2011Entered: 10/04/2011 Order on Motion for Leave to File ORDER granting [46] Motion for Leave to File Supplemental Response. Supplemental Response deemed filed as of the date of tender.. Signed by Judge Robert L Miller, Jr on 10/3/11. (jld) 49 Filed: 10/03/2011Entered: 10/04/2011 Order on Motion to Unseal Document ORDER granting [45] Motion to Unseal Document [35] Unredacted version of Stipulation. Signed by Judge Robert L Miller, Jr on 10/3/11. (jld) 50 Filed & Entered: 10/06/2011 Reply to Response to Motion REPLY to Response to [24] Motion to Rule 60(b)(5) Motion filed by South Bend City of. (Leone, Charles) Modified to correct link and text on 10/7/2011 (ksc). Modified on 10/7/2011 to correct link and text (jld). 51 Filed & Entered: 10/07/2011 Waiver WAIVER by South Bend City of Oral Argument on Motion to Modify or Dismiss Injunction. (Leone, Charles) 52 Filed & Entered: 10/19/2011 Order on Motion for Miscellaneous Relief OPINION AND ORDER denying [24] Motion to Modify or Dismiss Injunction. Signed by Judge Robert L Miller, Jr on 10/19/11. (ksc) 53 Filed & Entered: 11/16/2011Terminated: 11/21/2011 Motion for Miscellaneous Relief Second MOTION to Modify or Dismiss Injunction by Defendant South Bend City of. (Attachments: # (1) Exhibit "A" Resolution, # (2) Exhibit "B" Notice to Bidders)(Leone, Charles) 54 Filed & Entered: 11/18/2011 Response to Motion RESPONSE to Motion re [53] Second MOTION to Modify or Dismiss Injunction filed by Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 55 Filed & Entered: 11/21/2011 Order ORDER: the Injunction of 9/7/2011 [21] is dissolved conditioned upon South Bend selling the subject realty at public auction in conformity with I.C. 36-1-11-4 and pursuant to the terms of its Notice to Bidders. Signed by Judge Robert L Miller, Jr on 11/21/11. (ksc) Filed: 12/16/2011Entered: 12/19/2011Terminated: 02/29/2012 USCA Appeal Fees USCA Appeal Fees received $ 455, receipt number 3002911 re [58] Notice of Appeal. (ksc) 56 Filed & Entered: 12/16/2011Terminated: 02/17/2012 Motion for Attorney Fees MOTION for Attorney Fees and Costs by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Attachments: # (1) Affidavit Gavin M. Rose, # (2) Affidavit Kenneth J. Falk, # (3) Affidavit Alex J. Luchenitser, # (4) Affidavit Daniel Mach, # (5) Affidavit William L. Wilson, # (6) Affidavit Michael K. Sutherlin, # (7) Affidavit Richard A. Waples)(Rose, Gavin) 57 Filed & Entered: 12/16/2011 Memorandum in Support MEMORANDUM in Support of [56] MOTION for Attorney Fees and Costs filed by Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 58 Filed & Entered: 12/16/2011Terminated: 02/29/2012 Notice of Appeal NOTICE OF APPEAL as to [55] Order, [52] Order on Motion for Miscellaneous Relief, [21] Opinion and Order, Terminate Motions,, by South Bend City of. (Leone, Charles) Modified to add link on 12/19/2011 (ksc). 59 Filed & Entered: 12/19/2011Terminated: 02/29/2012 Short Record Sent to USCA Short Record Sent to US Court of Appeals re [58] Notice of Appeal. Appeal filing fees paid in the amount of $455 - Receipt # 3002911. (Attachments: # (1) Notice of Appeal, # (2) Order of 11/21/2011, # (3) Opinion and Order of 10/19/2011, # (4) Opinion and Order of 9/7/2011, # (5) Clerk's Judgment, # (6) Docket Sheet)(ksc) 60 Filed & Entered: 12/20/2011Terminated: 02/29/2012 USCA Case Number USCA Case Number 11-3811 for [58] Notice of Appeal filed by South Bend City of. (ksc) 61 Filed & Entered: 12/23/2011 Memorandum in Opposition MEMORANDUM in Opposition to [56] MOTION for Attorney Fees and Costs filed by South Bend City of. (Attachments: # (1) Affidavit of Aladean M. DeRose)(Leone, Charles) 62 Filed & Entered: 12/27/2011Terminated: 12/27/2011 Motion for Extension of Time to File Response/Reply Consent MOTION for Extension of Time to File Response/Reply as to [56] MOTION for Attorney Fees and Costs (Unopposed Motion for Extension of Time to File Reply Memorandum) by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 63 Filed: 12/27/2011Entered: 12/28/2011 Order on Motion for Extension of Time to File Response/Reply ORDER granting [62] Motion for Extension of Time to File Reply in support of motion for attorneys' fees and costs. Reply to be filed by 1/10/2012.. Signed by Judge Robert L Miller, Jr on 12/27/11. (smp) 64 Filed & Entered: 01/09/2012 Reply to Response to Motion REPLY to Response to Motion re [56] MOTION for Attorney Fees and Costs filed by Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Attachments: # (1) Affidavit (Supp. Aff. of Rose), # (2) Affidavit (Reply Decl. of Luchenitser))(Rose, Gavin) 65 Filed & Entered: 02/08/2012Terminated: 02/09/2012 Motion for Extension of Time to File Consent MOTION for Extension of Time to File Petition for Supplemental Attorneys' Fees and Costs by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 66 Filed: 02/09/2012Entered: 02/10/2012 Order on Motion for Extension of Time to File ORDER granting [65] Motion for Extension of Time to File Petition for Supplemental Attorneys' Fees and Costs to/including 30 days following disposition of pltf's Motion for Attorneys' Fees and Costs. Signed by Judge Robert L Miller, Jr on 2/9/12. (jld) 67 Filed: 02/17/2012Entered: 02/22/2012 Order on Motion for Attorney Fees OPINION AND ORDER granting [56] Motion for Attorney Fees in the sum of $70,695.06. Signed by Judge Robert L Miller, Jr on 2/17/12. (jld) 68 Filed & Entered: 02/29/2012 USCA Mandate MANDATE of USCA as to [58] Notice of Appeal filed by South Bend City of. The appeal, untimely and moot, is DISMISSED (Attachments: # (1) Certified Judgment, # (2) Certified Opinion)(jld) 69 Filed & Entered: 03/15/2012Terminated: 03/16/2012 Motion for Extension of Time to File Consent MOTION for Extension of Time to File Supplemental Petition for Attorneys' Fees and Costs by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 70 Filed & Entered: 03/16/2012 Order on Motion for Extension of Time to File ORDER granting [69] Motion for Extension of Time to File petition for supplemental atty fees and costs. Petition to be filed by 5/18/2012.. Signed by Judge Robert L Miller, Jr on 3/16/12. (jld) 71 Filed & Entered: 04/12/2012 Notice (Other) NOTICE by Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz of Settlement/Satisfaction of Attorneys' Fees Entitlement (Rose, Gavin)
	Request

12	Filed: 8/29/2011, Entered: 8/29/2011, Terminated: 8/31/2011	Application to Appear Pro Hac Vice
	APPLICATION for Attorney Alexander J. Luchenitser to Appear Pro Hac Vice on behalf of Roy Wirtz, Eric Brown, Peter Reimers, and Tim Delaney ; Receipt #3002083. (ksc)


11	Filed: 8/29/2011, Entered: 8/29/2011	Order on Application to Appear Pro Hac Vice
	ORDER granting [10] Application to Appear Pro Hac Vice of Attorney Daniel Mach PHV for Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. Signed by Magistrate Judge Christopher A Nuechterlein on 8/29/11. (ksc)


10	Filed: 8/25/2011, Entered: 8/25/2011, Terminated: 8/29/2011	Application to Appear Pro Hac Vice
	APPLICATION for Attorney Daniel Mach to Appear Pro Hac Vice on behalf of Roy Wirtz, Eric Brown, Peter Reimers, and Tim Delaney; Receipt #3002065. (ksc)


9	Filed: 8/25/2011, Entered: 8/25/2011	summons returned executed
	SUMMONS Returned Executed by Roy Wirtz, Eric Brown, Peter Reimers, Tim Delaney. South Bend City of served on 8/23/2011, answer due 9/13/2011. (Rose, Gavin)
	Request

8	Filed: 8/22/2011, Entered: 8/22/2011	Notice of hearing on motion
	NOTICE of Hearing on Motion in re [5] MOTION for Preliminary Injunction filed by Plaintiff : Motion Hearing set for 8/31/2011 09:30 AM in US District Court - South Bend before Judge Robert L Miller Jr. (arl) 9 Filed & Entered: 08/25/2011 Summons Returned Executed SUMMONS Returned Executed by Roy Wirtz, Eric Brown, Peter Reimers, Tim Delaney. South Bend City of served on 8/23/2011, answer due 9/13/2011. (Rose, Gavin) 10 Filed & Entered: 08/25/2011Terminated: 08/29/2011 Application to Appear Pro Hac Vice APPLICATION for Attorney Daniel Mach to Appear Pro Hac Vice on behalf of Roy Wirtz, Eric Brown, Peter Reimers, and Tim Delaney; Receipt #3002065. (ksc) 11 Filed & Entered: 08/29/2011 Order on Application to Appear Pro Hac Vice ORDER granting [10] Application to Appear Pro Hac Vice of Attorney Daniel Mach PHV for Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. Signed by Magistrate Judge Christopher A Nuechterlein on 8/29/11. (ksc) 12 Filed & Entered: 08/29/2011Terminated: 08/31/2011 Application to Appear Pro Hac Vice APPLICATION for Attorney Alexander J. Luchenitser to Appear Pro Hac Vice on behalf of Roy Wirtz, Eric Brown, Peter Reimers, and Tim Delaney ; Receipt #3002083. (ksc) 13 Filed & Entered: 08/30/2011 Notice (Other) NOTICE by Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz re [5] MOTION for Preliminary Injunction Notice of Filing of Affidavits (Attachments: # (1) Affidavit (Roy Wirtz), # (2) Affidavit (Eric Brown), # (3) Affidavit (Peter Reimers), # (4) Affidavit (Tim DeLaney))(Rose, Gavin) 14 Filed & Entered: 08/30/2011Terminated: 08/31/2011 Stipulation STIPULATION of Facts by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz, Defendant South Bend City of. (Attachments: # (1) Exhibit 1 (East Bank Exec. Summ.), # (2) Exhibit 2 (Comm. Meeting Miutes - 6/6/11), # (3) Exhibit 3 (Meeting Minutes - 6/13/11), # (4) Exhibit 4 (Comm. Meeting Minutes - 6/27/11), # (5) Exhibit 5 (Meeting Minutes - 6/27/11), # (6) Exhibit 6 (Ordinance No. 10099-11), # (7) Exhibit 7 (Agreement for Services), # (8) Exhibit 8 (SJHS Mission and Vision Stmt), # (9) Exhibit 9 (SJHS Student Handbook), # (10) Exhibit 10 (Transaction List))(Rose, Gavin) 15 Filed & Entered: 08/30/2011 Memorandum in Opposition MEMORANDUM in Opposition to [5] MOTION for Preliminary Injunction filed by South Bend City of. (Leone, Charles) 16 Filed & Entered: 08/31/2011 Terminate Hearings MOTION HEARING held on 8/31/2011 in re [5] MOTION for Preliminary Injunction filed by Roy Wirtz, Eric Brown, Tim Delaney, Peter Reimers before Judge Robert L Miller, Jr.L parties present; Pltfs appeared by atty Gavin Rose; Dft appeared by atty Charles Leone; counsel presented further arguments before the court; motion taken under advisement; parties to inform the court if they wish to advance the trial date in this case. (Court Reporter D. Bonk.) (arl) 17 Filed & Entered: 08/31/2011 Order on Application to Appear Pro Hac Vice ORDER granting [12] Application to Appear Pro Hac Vice of Attorney Alexander J Luchenitser PHV for Eric Brown, Tim Delaney, Peter Reimers, and Roy Wirtz. Signed by Magistrate Judge Christopher A Nuechterlein on 8/29/11. (ksc) 18 Filed: 09/02/2011Entered: 09/06/2011Terminated: 09/06/2011 Application to Appear Pro Hac Vice APPLICATION for Attorney Ayesha N Khan to Appear Pro Hac Vice on behalf of Roy Wirtz, Eric Brown, Peter Reimers, and Tim Delaney ; Receipt #3002103. (kds) 19 Filed & Entered: 09/06/2011 Notice (Other) NOTICE by Eric Brown, Tim Delaney, Peter Reimers, South Bend City of, Roy Wirtz Notice Regarding Consolidation (Rose, Gavin) 20 Filed: 09/06/2011Entered: 09/07/2011 Order on Application to Appear Pro Hac Vice ORDER granting [18] Application to Appear Pro Hac Vice of Attorney Ayesha N Khan PHV for Eric Brown, Tim Delaney,Peter Reimers, and Roy Wirtz. Signed by Magistrate Judge Christopher A Nuechterlein on 9/6/11. (ksc) 22 Filed: 09/06/2011Entered: 09/08/2011 Receipt RECEIPT of letter addressed to Judge Miller from George E Lane, Citizens for the Accountability of Government, Inc. (ksc) 21 Filed & Entered: 09/07/2011 Opinion and Order OPINION AND ORDER re: [5] MOTION for Preliminary Injunction . The City of South Bend is enjoined from transferring the property at 717 E. LaSalle Ave. to Northeast Neighborhood Revitalization, Inc. for transfer to St. Josephs High School. Signed by Judge Robert L Miller, Jr on 9/7/11. (ksc) 23 Filed & Entered: 09/09/2011 Transcript TRANSCRIPT of Hearing held on 8/31/11, before Judge Robert L. Miller, Jr. Court Reporter Debra Bonk, Telephone number 574-246-8039. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IMPORTANT: Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above matter. The parties have 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Redaction Request - Transcript shall be e-filed with the Court. Access to this request will be restricted to the Court and attorneys of record in the case. If no such Notice and Redaction Request are filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the Court Reporter. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Notice of Intent to Redact due 9/20/2011. Redaction Request due 9/30/2011. Redacted Transcript Deadline set for 10/11/2011. Release of Transcript Restriction set for 12/8/2011. (ksc) 24 Filed & Entered: 09/09/2011Terminated: 10/19/2011 Motion for Miscellaneous Relief MOTION to Modify or Dismiss Injunction and for Expedited Hearing re [21] Memorandum & Opinion, Terminate Motions,, by Defendant South Bend City of. (Leone, Charles) 25 Filed & Entered: 09/12/2011 Clerks Judgment CLERK'S ENTRY OF JUDGMENT. (ksc) 26 Filed & Entered: 09/12/2011Terminated: 10/19/2011 Motion to Expedite MOTION to Expedite Hearing by Defendant South Bend City of. (Leone, Charles) 27 Filed & Entered: 09/14/2011Terminated: 09/16/2011 Motion for Extension of Time to File Consent MOTION for Extension of Time to File Petition for Attorneys Fees and Costs (Unopposed) by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 28 Filed & Entered: 09/16/2011Terminated: 09/16/2011 Motion to Seal Joint MOTION to Seal Motion for Leave to File Stipulation Under Temporary Seal by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz, Defendant South Bend City of. (Rose, Gavin) 29 Filed & Entered: 09/16/2011 Sealed Document Sealed Document re [28] Joint MOTION to Seal Motion for Leave to File Stipulation Under Temporary Seal. (Rose, Gavin) 30 Filed & Entered: 09/16/2011 Memorandum in Opposition MEMORANDUM in Opposition to [24] MOTION to Modify or Dismiss Injunction and for Expedited Hearing re [21] Memorandum & Opinion, Terminate Motions,, (Response in Opposition to Rule 60(b) Motion) filed by Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 31 Filed: 09/16/2011Entered: 09/19/2011 Order on Motion to Seal ORDER denying [28] Joint Motion to Seal. Signed by Judge Robert L Miller, Jr on 9/16/11. (ksc) 32 Filed: 09/16/2011Entered: 09/19/2011 Order on Motion for Extension of Time to File ORDER granting [27] Motion for Extension of Time to File Petition for Attorneys Fees and Costs. Signed by Judge Robert L Miller, Jr on 9/16/11. (ksc) 33 Filed & Entered: 09/19/2011Terminated: 09/19/2011 Stipulation Second STIPULATION of Facts (Redacted) by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz, Defendant South Bend City of. (Rose, Gavin) 34 Filed & Entered: 09/19/2011Terminated: 09/20/2011 Motion to Seal Joint MOTION to Seal Unredacted Version of Second Stipulation of Facts by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz, Defendant South Bend City of. (Rose, Gavin) 35 Filed & Entered: 09/19/2011 Sealed Document UNSEALED PER ORDER [49] Sealed Document re [34] Joint MOTION to Seal Unredacted Version of Second Stipulation of Facts. (Rose, Gavin) Modified on 10/4/2011 to unseal document (jld). 36 Filed: 09/20/2011Entered: 09/21/2011 Order on Motion to Seal ORDER granting [34] Joint Motion to Seal Unredacted Version of Parties' Second Stipulation of Facts. Signed by Judge Robert L Miller, Jr on 9/20/11. (ksc) 37 Filed & Entered: 09/21/2011 Notice (Other) NOTICE by South Bend City of re [24] MOTION to Modify or Dismiss Injunction and for Expedited Hearing re [21] Memorandum & Opinion, Terminate Motions,, of Clarification of or Amendment to City's Motion to Modify or Dismiss Injunction (Leone, Charles) 38 Filed & Entered: 09/22/2011 Order ORDER affording plaintiffs to and including 9/30/2011 within which to supplement their response to [24] MOTION to Modify or Dismiss Injunction and for Expedited Hearing. Defendant's reply to be filed by 10/7/2011. Signed by Judge Robert L Miller, Jr on 9/22/11. (ksc) 39 Filed & Entered: 09/23/2011Terminated: 09/26/2011 Stipulation Third STIPULATION of Facts by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz, Defendant South Bend City of. (Rose, Gavin) 40 Filed & Entered: 09/23/2011 Memorandum in Support MEMORANDUM in Support of [24] MOTION to Modify or Dismiss Injunction and for Expedited Hearing re [21] Memorandum & Opinion, Terminate Motions,, filed by South Bend City of. (Attachments: # (1) Exhibit "1" Resolution, # (2) Exhibit "2" Notice to Bidders)(Leone, Charles) 41 Filed & Entered: 09/23/2011Terminated: 09/28/2011 Motion for Miscellaneous Relief MOTION re [40] Memorandum in Support, for Leave to File Belatedly Affidavit of Donald E. Inks by Defendant South Bend City of. (Leone, Charles) 42 Filed & Entered: 09/26/2011 Affidavit AFFIDAVIT re [40] Memorandum in Support, of Donald E. Inks and Notice of Additional Exhibit "4" by South Bend City of. (Leone, Charles) 43 Filed & Entered: 09/27/2011 Notice (Other) NOTICE by South Bend City of re [42] Affidavit, [40] Memorandum in Support, of Submission of Exhibit "A" to Affidavit of Donald E. Inks (Leone, Charles) 44 Filed & Entered: 09/28/2011 Order on Motion for Miscellaneous Relief ORDER granting [41] Motion for leave to file belatedly the Affidavit of Donald E. Inks. Signed by Judge Robert L Miller, Jr on 9/28/11. (ksc) 45 Filed & Entered: 09/30/2011Terminated: 10/03/2011 Motion to Unseal Document Joint MOTION to Unseal Document [35] Sealed Document (Unredacted Version of Second Stipulation of Facts) by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz, Defendant South Bend City of. (Rose, Gavin) 46 Filed & Entered: 09/30/2011Terminated: 10/03/2011 Motion for Leave to File MOTION for Leave to File Supplemental Response in Opposition to Rule 60(b)(5) Motion by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Attachments: # (1) Supplement Supplemental Response in Opposition to Rule 60 Motion)(Rose, Gavin) 48 Filed: 09/30/2011Entered: 10/04/2011 Response to Motion SUPPLEMENTAL RESPONSE to Motion re [24] MOTION to Modify or Dismiss Injunction filed by Eric Brown, Tim Delaney, Peter Reimers. (filed per order [47]) (jld) 47 Filed: 10/03/2011Entered: 10/04/2011 Order on Motion for Leave to File ORDER granting [46] Motion for Leave to File Supplemental Response. Supplemental Response deemed filed as of the date of tender.. Signed by Judge Robert L Miller, Jr on 10/3/11. (jld) 49 Filed: 10/03/2011Entered: 10/04/2011 Order on Motion to Unseal Document ORDER granting [45] Motion to Unseal Document [35] Unredacted version of Stipulation. Signed by Judge Robert L Miller, Jr on 10/3/11. (jld) 50 Filed & Entered: 10/06/2011 Reply to Response to Motion REPLY to Response to [24] Motion to Rule 60(b)(5) Motion filed by South Bend City of. (Leone, Charles) Modified to correct link and text on 10/7/2011 (ksc). Modified on 10/7/2011 to correct link and text (jld). 51 Filed & Entered: 10/07/2011 Waiver WAIVER by South Bend City of Oral Argument on Motion to Modify or Dismiss Injunction. (Leone, Charles) 52 Filed & Entered: 10/19/2011 Order on Motion for Miscellaneous Relief OPINION AND ORDER denying [24] Motion to Modify or Dismiss Injunction. Signed by Judge Robert L Miller, Jr on 10/19/11. (ksc) 53 Filed & Entered: 11/16/2011Terminated: 11/21/2011 Motion for Miscellaneous Relief Second MOTION to Modify or Dismiss Injunction by Defendant South Bend City of. (Attachments: # (1) Exhibit "A" Resolution, # (2) Exhibit "B" Notice to Bidders)(Leone, Charles) 54 Filed & Entered: 11/18/2011 Response to Motion RESPONSE to Motion re [53] Second MOTION to Modify or Dismiss Injunction filed by Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 55 Filed & Entered: 11/21/2011 Order ORDER: the Injunction of 9/7/2011 [21] is dissolved conditioned upon South Bend selling the subject realty at public auction in conformity with I.C. 36-1-11-4 and pursuant to the terms of its Notice to Bidders. Signed by Judge Robert L Miller, Jr on 11/21/11. (ksc) Filed: 12/16/2011Entered: 12/19/2011Terminated: 02/29/2012 USCA Appeal Fees USCA Appeal Fees received $ 455, receipt number 3002911 re [58] Notice of Appeal. (ksc) 56 Filed & Entered: 12/16/2011Terminated: 02/17/2012 Motion for Attorney Fees MOTION for Attorney Fees and Costs by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Attachments: # (1) Affidavit Gavin M. Rose, # (2) Affidavit Kenneth J. Falk, # (3) Affidavit Alex J. Luchenitser, # (4) Affidavit Daniel Mach, # (5) Affidavit William L. Wilson, # (6) Affidavit Michael K. Sutherlin, # (7) Affidavit Richard A. Waples)(Rose, Gavin) 57 Filed & Entered: 12/16/2011 Memorandum in Support MEMORANDUM in Support of [56] MOTION for Attorney Fees and Costs filed by Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 58 Filed & Entered: 12/16/2011Terminated: 02/29/2012 Notice of Appeal NOTICE OF APPEAL as to [55] Order, [52] Order on Motion for Miscellaneous Relief, [21] Opinion and Order, Terminate Motions,, by South Bend City of. (Leone, Charles) Modified to add link on 12/19/2011 (ksc). 59 Filed & Entered: 12/19/2011Terminated: 02/29/2012 Short Record Sent to USCA Short Record Sent to US Court of Appeals re [58] Notice of Appeal. Appeal filing fees paid in the amount of $455 - Receipt # 3002911. (Attachments: # (1) Notice of Appeal, # (2) Order of 11/21/2011, # (3) Opinion and Order of 10/19/2011, # (4) Opinion and Order of 9/7/2011, # (5) Clerk's Judgment, # (6) Docket Sheet)(ksc) 60 Filed & Entered: 12/20/2011Terminated: 02/29/2012 USCA Case Number USCA Case Number 11-3811 for [58] Notice of Appeal filed by South Bend City of. (ksc) 61 Filed & Entered: 12/23/2011 Memorandum in Opposition MEMORANDUM in Opposition to [56] MOTION for Attorney Fees and Costs filed by South Bend City of. (Attachments: # (1) Affidavit of Aladean M. DeRose)(Leone, Charles) 62 Filed & Entered: 12/27/2011Terminated: 12/27/2011 Motion for Extension of Time to File Response/Reply Consent MOTION for Extension of Time to File Response/Reply as to [56] MOTION for Attorney Fees and Costs (Unopposed Motion for Extension of Time to File Reply Memorandum) by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 63 Filed: 12/27/2011Entered: 12/28/2011 Order on Motion for Extension of Time to File Response/Reply ORDER granting [62] Motion for Extension of Time to File Reply in support of motion for attorneys' fees and costs. Reply to be filed by 1/10/2012.. Signed by Judge Robert L Miller, Jr on 12/27/11. (smp) 64 Filed & Entered: 01/09/2012 Reply to Response to Motion REPLY to Response to Motion re [56] MOTION for Attorney Fees and Costs filed by Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Attachments: # (1) Affidavit (Supp. Aff. of Rose), # (2) Affidavit (Reply Decl. of Luchenitser))(Rose, Gavin) 65 Filed & Entered: 02/08/2012Terminated: 02/09/2012 Motion for Extension of Time to File Consent MOTION for Extension of Time to File Petition for Supplemental Attorneys' Fees and Costs by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 66 Filed: 02/09/2012Entered: 02/10/2012 Order on Motion for Extension of Time to File ORDER granting [65] Motion for Extension of Time to File Petition for Supplemental Attorneys' Fees and Costs to/including 30 days following disposition of pltf's Motion for Attorneys' Fees and Costs. Signed by Judge Robert L Miller, Jr on 2/9/12. (jld) 67 Filed: 02/17/2012Entered: 02/22/2012 Order on Motion for Attorney Fees OPINION AND ORDER granting [56] Motion for Attorney Fees in the sum of $70,695.06. Signed by Judge Robert L Miller, Jr on 2/17/12. (jld) 68 Filed & Entered: 02/29/2012 USCA Mandate MANDATE of USCA as to [58] Notice of Appeal filed by South Bend City of. The appeal, untimely and moot, is DISMISSED (Attachments: # (1) Certified Judgment, # (2) Certified Opinion)(jld) 69 Filed & Entered: 03/15/2012Terminated: 03/16/2012 Motion for Extension of Time to File Consent MOTION for Extension of Time to File Supplemental Petition for Attorneys' Fees and Costs by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 70 Filed & Entered: 03/16/2012 Order on Motion for Extension of Time to File ORDER granting [69] Motion for Extension of Time to File petition for supplemental atty fees and costs. Petition to be filed by 5/18/2012.. Signed by Judge Robert L Miller, Jr on 3/16/12. (jld) 71 Filed & Entered: 04/12/2012 Notice (Other) NOTICE by Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz of Settlement/Satisfaction of Attorneys' Fees Entitlement (Rose, Gavin)


7	Filed: 8/19/2011, Entered: 8/19/2011	Memorandum In Support
	MEMORANDUM in Support of [5] MOTION for Preliminary Injunction filed by Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 8 Filed & Entered: 08/22/2011 Notice of Hearing on Motion NOTICE of Hearing on Motion in re [5] MOTION for Preliminary Injunction filed by Plaintiff : Motion Hearing set for 8/31/2011 09:30 AM in US District Court - South Bend before Judge Robert L Miller Jr. (arl) 9 Filed & Entered: 08/25/2011 Summons Returned Executed SUMMONS Returned Executed by Roy Wirtz, Eric Brown, Peter Reimers, Tim Delaney. South Bend City of served on 8/23/2011, answer due 9/13/2011. (Rose, Gavin) 10 Filed & Entered: 08/25/2011Terminated: 08/29/2011 Application to Appear Pro Hac Vice APPLICATION for Attorney Daniel Mach to Appear Pro Hac Vice on behalf of Roy Wirtz, Eric Brown, Peter Reimers, and Tim Delaney; Receipt #3002065. (ksc) 11 Filed & Entered: 08/29/2011 Order on Application to Appear Pro Hac Vice ORDER granting [10] Application to Appear Pro Hac Vice of Attorney Daniel Mach PHV for Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. Signed by Magistrate Judge Christopher A Nuechterlein on 8/29/11. (ksc) 12 Filed & Entered: 08/29/2011Terminated: 08/31/2011 Application to Appear Pro Hac Vice APPLICATION for Attorney Alexander J. Luchenitser to Appear Pro Hac Vice on behalf of Roy Wirtz, Eric Brown, Peter Reimers, and Tim Delaney ; Receipt #3002083. (ksc) 13 Filed & Entered: 08/30/2011 Notice (Other) NOTICE by Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz re [5] MOTION for Preliminary Injunction Notice of Filing of Affidavits (Attachments: # (1) Affidavit (Roy Wirtz), # (2) Affidavit (Eric Brown), # (3) Affidavit (Peter Reimers), # (4) Affidavit (Tim DeLaney))(Rose, Gavin) 14 Filed & Entered: 08/30/2011Terminated: 08/31/2011 Stipulation STIPULATION of Facts by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz, Defendant South Bend City of. (Attachments: # (1) Exhibit 1 (East Bank Exec. Summ.), # (2) Exhibit 2 (Comm. Meeting Miutes - 6/6/11), # (3) Exhibit 3 (Meeting Minutes - 6/13/11), # (4) Exhibit 4 (Comm. Meeting Minutes - 6/27/11), # (5) Exhibit 5 (Meeting Minutes - 6/27/11), # (6) Exhibit 6 (Ordinance No. 10099-11), # (7) Exhibit 7 (Agreement for Services), # (8) Exhibit 8 (SJHS Mission and Vision Stmt), # (9) Exhibit 9 (SJHS Student Handbook), # (10) Exhibit 10 (Transaction List))(Rose, Gavin) 15 Filed & Entered: 08/30/2011 Memorandum in Opposition MEMORANDUM in Opposition to [5] MOTION for Preliminary Injunction filed by South Bend City of. (Leone, Charles) 16 Filed & Entered: 08/31/2011 Terminate Hearings MOTION HEARING held on 8/31/2011 in re [5] MOTION for Preliminary Injunction filed by Roy Wirtz, Eric Brown, Tim Delaney, Peter Reimers before Judge Robert L Miller, Jr.L parties present; Pltfs appeared by atty Gavin Rose; Dft appeared by atty Charles Leone; counsel presented further arguments before the court; motion taken under advisement; parties to inform the court if they wish to advance the trial date in this case. (Court Reporter D. Bonk.) (arl) 17 Filed & Entered: 08/31/2011 Order on Application to Appear Pro Hac Vice ORDER granting [12] Application to Appear Pro Hac Vice of Attorney Alexander J Luchenitser PHV for Eric Brown, Tim Delaney, Peter Reimers, and Roy Wirtz. Signed by Magistrate Judge Christopher A Nuechterlein on 8/29/11. (ksc) 18 Filed: 09/02/2011Entered: 09/06/2011Terminated: 09/06/2011 Application to Appear Pro Hac Vice APPLICATION for Attorney Ayesha N Khan to Appear Pro Hac Vice on behalf of Roy Wirtz, Eric Brown, Peter Reimers, and Tim Delaney ; Receipt #3002103. (kds) 19 Filed & Entered: 09/06/2011 Notice (Other) NOTICE by Eric Brown, Tim Delaney, Peter Reimers, South Bend City of, Roy Wirtz Notice Regarding Consolidation (Rose, Gavin) 20 Filed: 09/06/2011Entered: 09/07/2011 Order on Application to Appear Pro Hac Vice ORDER granting [18] Application to Appear Pro Hac Vice of Attorney Ayesha N Khan PHV for Eric Brown, Tim Delaney,Peter Reimers, and Roy Wirtz. Signed by Magistrate Judge Christopher A Nuechterlein on 9/6/11. (ksc) 22 Filed: 09/06/2011Entered: 09/08/2011 Receipt RECEIPT of letter addressed to Judge Miller from George E Lane, Citizens for the Accountability of Government, Inc. (ksc) 21 Filed & Entered: 09/07/2011 Opinion and Order OPINION AND ORDER re: [5] MOTION for Preliminary Injunction . The City of South Bend is enjoined from transferring the property at 717 E. LaSalle Ave. to Northeast Neighborhood Revitalization, Inc. for transfer to St. Josephs High School. Signed by Judge Robert L Miller, Jr on 9/7/11. (ksc) 23 Filed & Entered: 09/09/2011 Transcript TRANSCRIPT of Hearing held on 8/31/11, before Judge Robert L. Miller, Jr. Court Reporter Debra Bonk, Telephone number 574-246-8039. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IMPORTANT: Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above matter. The parties have 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Redaction Request - Transcript shall be e-filed with the Court. Access to this request will be restricted to the Court and attorneys of record in the case. If no such Notice and Redaction Request are filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the Court Reporter. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Notice of Intent to Redact due 9/20/2011. Redaction Request due 9/30/2011. Redacted Transcript Deadline set for 10/11/2011. Release of Transcript Restriction set for 12/8/2011. (ksc) 24 Filed & Entered: 09/09/2011Terminated: 10/19/2011 Motion for Miscellaneous Relief MOTION to Modify or Dismiss Injunction and for Expedited Hearing re [21] Memorandum & Opinion, Terminate Motions,, by Defendant South Bend City of. (Leone, Charles) 25 Filed & Entered: 09/12/2011 Clerks Judgment CLERK'S ENTRY OF JUDGMENT. (ksc) 26 Filed & Entered: 09/12/2011Terminated: 10/19/2011 Motion to Expedite MOTION to Expedite Hearing by Defendant South Bend City of. (Leone, Charles) 27 Filed & Entered: 09/14/2011Terminated: 09/16/2011 Motion for Extension of Time to File Consent MOTION for Extension of Time to File Petition for Attorneys Fees and Costs (Unopposed) by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 28 Filed & Entered: 09/16/2011Terminated: 09/16/2011 Motion to Seal Joint MOTION to Seal Motion for Leave to File Stipulation Under Temporary Seal by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz, Defendant South Bend City of. (Rose, Gavin) 29 Filed & Entered: 09/16/2011 Sealed Document Sealed Document re [28] Joint MOTION to Seal Motion for Leave to File Stipulation Under Temporary Seal. (Rose, Gavin) 30 Filed & Entered: 09/16/2011 Memorandum in Opposition MEMORANDUM in Opposition to [24] MOTION to Modify or Dismiss Injunction and for Expedited Hearing re [21] Memorandum & Opinion, Terminate Motions,, (Response in Opposition to Rule 60(b) Motion) filed by Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 31 Filed: 09/16/2011Entered: 09/19/2011 Order on Motion to Seal ORDER denying [28] Joint Motion to Seal. Signed by Judge Robert L Miller, Jr on 9/16/11. (ksc) 32 Filed: 09/16/2011Entered: 09/19/2011 Order on Motion for Extension of Time to File ORDER granting [27] Motion for Extension of Time to File Petition for Attorneys Fees and Costs. Signed by Judge Robert L Miller, Jr on 9/16/11. (ksc) 33 Filed & Entered: 09/19/2011Terminated: 09/19/2011 Stipulation Second STIPULATION of Facts (Redacted) by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz, Defendant South Bend City of. (Rose, Gavin) 34 Filed & Entered: 09/19/2011Terminated: 09/20/2011 Motion to Seal Joint MOTION to Seal Unredacted Version of Second Stipulation of Facts by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz, Defendant South Bend City of. (Rose, Gavin) 35 Filed & Entered: 09/19/2011 Sealed Document UNSEALED PER ORDER [49] Sealed Document re [34] Joint MOTION to Seal Unredacted Version of Second Stipulation of Facts. (Rose, Gavin) Modified on 10/4/2011 to unseal document (jld). 36 Filed: 09/20/2011Entered: 09/21/2011 Order on Motion to Seal ORDER granting [34] Joint Motion to Seal Unredacted Version of Parties' Second Stipulation of Facts. Signed by Judge Robert L Miller, Jr on 9/20/11. (ksc) 37 Filed & Entered: 09/21/2011 Notice (Other) NOTICE by South Bend City of re [24] MOTION to Modify or Dismiss Injunction and for Expedited Hearing re [21] Memorandum & Opinion, Terminate Motions,, of Clarification of or Amendment to City's Motion to Modify or Dismiss Injunction (Leone, Charles) 38 Filed & Entered: 09/22/2011 Order ORDER affording plaintiffs to and including 9/30/2011 within which to supplement their response to [24] MOTION to Modify or Dismiss Injunction and for Expedited Hearing. Defendant's reply to be filed by 10/7/2011. Signed by Judge Robert L Miller, Jr on 9/22/11. (ksc) 39 Filed & Entered: 09/23/2011Terminated: 09/26/2011 Stipulation Third STIPULATION of Facts by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz, Defendant South Bend City of. (Rose, Gavin) 40 Filed & Entered: 09/23/2011 Memorandum in Support MEMORANDUM in Support of [24] MOTION to Modify or Dismiss Injunction and for Expedited Hearing re [21] Memorandum & Opinion, Terminate Motions,, filed by South Bend City of. (Attachments: # (1) Exhibit "1" Resolution, # (2) Exhibit "2" Notice to Bidders)(Leone, Charles) 41 Filed & Entered: 09/23/2011Terminated: 09/28/2011 Motion for Miscellaneous Relief MOTION re [40] Memorandum in Support, for Leave to File Belatedly Affidavit of Donald E. Inks by Defendant South Bend City of. (Leone, Charles) 42 Filed & Entered: 09/26/2011 Affidavit AFFIDAVIT re [40] Memorandum in Support, of Donald E. Inks and Notice of Additional Exhibit "4" by South Bend City of. (Leone, Charles) 43 Filed & Entered: 09/27/2011 Notice (Other) NOTICE by South Bend City of re [42] Affidavit, [40] Memorandum in Support, of Submission of Exhibit "A" to Affidavit of Donald E. Inks (Leone, Charles) 44 Filed & Entered: 09/28/2011 Order on Motion for Miscellaneous Relief ORDER granting [41] Motion for leave to file belatedly the Affidavit of Donald E. Inks. Signed by Judge Robert L Miller, Jr on 9/28/11. (ksc) 45 Filed & Entered: 09/30/2011Terminated: 10/03/2011 Motion to Unseal Document Joint MOTION to Unseal Document [35] Sealed Document (Unredacted Version of Second Stipulation of Facts) by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz, Defendant South Bend City of. (Rose, Gavin) 46 Filed & Entered: 09/30/2011Terminated: 10/03/2011 Motion for Leave to File MOTION for Leave to File Supplemental Response in Opposition to Rule 60(b)(5) Motion by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Attachments: # (1) Supplement Supplemental Response in Opposition to Rule 60 Motion)(Rose, Gavin) 48 Filed: 09/30/2011Entered: 10/04/2011 Response to Motion SUPPLEMENTAL RESPONSE to Motion re [24] MOTION to Modify or Dismiss Injunction filed by Eric Brown, Tim Delaney, Peter Reimers. (filed per order [47]) (jld) 47 Filed: 10/03/2011Entered: 10/04/2011 Order on Motion for Leave to File ORDER granting [46] Motion for Leave to File Supplemental Response. Supplemental Response deemed filed as of the date of tender.. Signed by Judge Robert L Miller, Jr on 10/3/11. (jld) 49 Filed: 10/03/2011Entered: 10/04/2011 Order on Motion to Unseal Document ORDER granting [45] Motion to Unseal Document [35] Unredacted version of Stipulation. Signed by Judge Robert L Miller, Jr on 10/3/11. (jld) 50 Filed & Entered: 10/06/2011 Reply to Response to Motion REPLY to Response to [24] Motion to Rule 60(b)(5) Motion filed by South Bend City of. (Leone, Charles) Modified to correct link and text on 10/7/2011 (ksc). Modified on 10/7/2011 to correct link and text (jld). 51 Filed & Entered: 10/07/2011 Waiver WAIVER by South Bend City of Oral Argument on Motion to Modify or Dismiss Injunction. (Leone, Charles) 52 Filed & Entered: 10/19/2011 Order on Motion for Miscellaneous Relief OPINION AND ORDER denying [24] Motion to Modify or Dismiss Injunction. Signed by Judge Robert L Miller, Jr on 10/19/11. (ksc) 53 Filed & Entered: 11/16/2011Terminated: 11/21/2011 Motion for Miscellaneous Relief Second MOTION to Modify or Dismiss Injunction by Defendant South Bend City of. (Attachments: # (1) Exhibit "A" Resolution, # (2) Exhibit "B" Notice to Bidders)(Leone, Charles) 54 Filed & Entered: 11/18/2011 Response to Motion RESPONSE to Motion re [53] Second MOTION to Modify or Dismiss Injunction filed by Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 55 Filed & Entered: 11/21/2011 Order ORDER: the Injunction of 9/7/2011 [21] is dissolved conditioned upon South Bend selling the subject realty at public auction in conformity with I.C. 36-1-11-4 and pursuant to the terms of its Notice to Bidders. Signed by Judge Robert L Miller, Jr on 11/21/11. (ksc) Filed: 12/16/2011Entered: 12/19/2011Terminated: 02/29/2012 USCA Appeal Fees USCA Appeal Fees received $ 455, receipt number 3002911 re [58] Notice of Appeal. (ksc) 56 Filed & Entered: 12/16/2011Terminated: 02/17/2012 Motion for Attorney Fees MOTION for Attorney Fees and Costs by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Attachments: # (1) Affidavit Gavin M. Rose, # (2) Affidavit Kenneth J. Falk, # (3) Affidavit Alex J. Luchenitser, # (4) Affidavit Daniel Mach, # (5) Affidavit William L. Wilson, # (6) Affidavit Michael K. Sutherlin, # (7) Affidavit Richard A. Waples)(Rose, Gavin) 57 Filed & Entered: 12/16/2011 Memorandum in Support MEMORANDUM in Support of [56] MOTION for Attorney Fees and Costs filed by Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 58 Filed & Entered: 12/16/2011Terminated: 02/29/2012 Notice of Appeal NOTICE OF APPEAL as to [55] Order, [52] Order on Motion for Miscellaneous Relief, [21] Opinion and Order, Terminate Motions,, by South Bend City of. (Leone, Charles) Modified to add link on 12/19/2011 (ksc). 59 Filed & Entered: 12/19/2011Terminated: 02/29/2012 Short Record Sent to USCA Short Record Sent to US Court of Appeals re [58] Notice of Appeal. Appeal filing fees paid in the amount of $455 - Receipt # 3002911. (Attachments: # (1) Notice of Appeal, # (2) Order of 11/21/2011, # (3) Opinion and Order of 10/19/2011, # (4) Opinion and Order of 9/7/2011, # (5) Clerk's Judgment, # (6) Docket Sheet)(ksc) 60 Filed & Entered: 12/20/2011Terminated: 02/29/2012 USCA Case Number USCA Case Number 11-3811 for [58] Notice of Appeal filed by South Bend City of. (ksc) 61 Filed & Entered: 12/23/2011 Memorandum in Opposition MEMORANDUM in Opposition to [56] MOTION for Attorney Fees and Costs filed by South Bend City of. (Attachments: # (1) Affidavit of Aladean M. DeRose)(Leone, Charles) 62 Filed & Entered: 12/27/2011Terminated: 12/27/2011 Motion for Extension of Time to File Response/Reply Consent MOTION for Extension of Time to File Response/Reply as to [56] MOTION for Attorney Fees and Costs (Unopposed Motion for Extension of Time to File Reply Memorandum) by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 63 Filed: 12/27/2011Entered: 12/28/2011 Order on Motion for Extension of Time to File Response/Reply ORDER granting [62] Motion for Extension of Time to File Reply in support of motion for attorneys' fees and costs. Reply to be filed by 1/10/2012.. Signed by Judge Robert L Miller, Jr on 12/27/11. (smp) 64 Filed & Entered: 01/09/2012 Reply to Response to Motion REPLY to Response to Motion re [56] MOTION for Attorney Fees and Costs filed by Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Attachments: # (1) Affidavit (Supp. Aff. of Rose), # (2) Affidavit (Reply Decl. of Luchenitser))(Rose, Gavin) 65 Filed & Entered: 02/08/2012Terminated: 02/09/2012 Motion for Extension of Time to File Consent MOTION for Extension of Time to File Petition for Supplemental Attorneys' Fees and Costs by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 66 Filed: 02/09/2012Entered: 02/10/2012 Order on Motion for Extension of Time to File ORDER granting [65] Motion for Extension of Time to File Petition for Supplemental Attorneys' Fees and Costs to/including 30 days following disposition of pltf's Motion for Attorneys' Fees and Costs. Signed by Judge Robert L Miller, Jr on 2/9/12. (jld) 67 Filed: 02/17/2012Entered: 02/22/2012 Order on Motion for Attorney Fees OPINION AND ORDER granting [56] Motion for Attorney Fees in the sum of $70,695.06. Signed by Judge Robert L Miller, Jr on 2/17/12. (jld) 68 Filed & Entered: 02/29/2012 USCA Mandate MANDATE of USCA as to [58] Notice of Appeal filed by South Bend City of. The appeal, untimely and moot, is DISMISSED (Attachments: # (1) Certified Judgment, # (2) Certified Opinion)(jld) 69 Filed & Entered: 03/15/2012Terminated: 03/16/2012 Motion for Extension of Time to File Consent MOTION for Extension of Time to File Supplemental Petition for Attorneys' Fees and Costs by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 70 Filed & Entered: 03/16/2012 Order on Motion for Extension of Time to File ORDER granting [69] Motion for Extension of Time to File petition for supplemental atty fees and costs. Petition to be filed by 5/18/2012.. Signed by Judge Robert L Miller, Jr on 3/16/12. (jld) 71 Filed & Entered: 04/12/2012 Notice (Other) NOTICE by Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz of Settlement/Satisfaction of Attorneys' Fees Entitlement (Rose, Gavin)


6	Filed: 8/17/2011, Entered: 8/17/2011	Notice of Appearance
	NOTICE of Appearance by Charles S Leone on behalf of South Bend City of (Leone, Charles)
	Request

5	Filed: 8/17/2011, Entered: 8/17/2011, Terminated: 9/7/2011	Motion for Preliminary Injunction
	MOTION for Preliminary Injunction by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 6 Filed & Entered: 08/17/2011 Notice of Appearance NOTICE of Appearance by Charles S Leone on behalf of South Bend City of (Leone, Charles) 7 Filed & Entered: 08/19/2011 Memorandum in Support MEMORANDUM in Support of [5] MOTION for Preliminary Injunction filed by Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 8 Filed & Entered: 08/22/2011 Notice of Hearing on Motion NOTICE of Hearing on Motion in re [5] MOTION for Preliminary Injunction filed by Plaintiff : Motion Hearing set for 8/31/2011 09:30 AM in US District Court - South Bend before Judge Robert L Miller Jr. (arl) 9 Filed & Entered: 08/25/2011 Summons Returned Executed SUMMONS Returned Executed by Roy Wirtz, Eric Brown, Peter Reimers, Tim Delaney. South Bend City of served on 8/23/2011, answer due 9/13/2011. (Rose, Gavin) 10 Filed & Entered: 08/25/2011Terminated: 08/29/2011 Application to Appear Pro Hac Vice APPLICATION for Attorney Daniel Mach to Appear Pro Hac Vice on behalf of Roy Wirtz, Eric Brown, Peter Reimers, and Tim Delaney; Receipt #3002065. (ksc) 11 Filed & Entered: 08/29/2011 Order on Application to Appear Pro Hac Vice ORDER granting [10] Application to Appear Pro Hac Vice of Attorney Daniel Mach PHV for Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. Signed by Magistrate Judge Christopher A Nuechterlein on 8/29/11. (ksc) 12 Filed & Entered: 08/29/2011Terminated: 08/31/2011 Application to Appear Pro Hac Vice APPLICATION for Attorney Alexander J. Luchenitser to Appear Pro Hac Vice on behalf of Roy Wirtz, Eric Brown, Peter Reimers, and Tim Delaney ; Receipt #3002083. (ksc) 13 Filed & Entered: 08/30/2011 Notice (Other) NOTICE by Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz re [5] MOTION for Preliminary Injunction Notice of Filing of Affidavits (Attachments: # (1) Affidavit (Roy Wirtz), # (2) Affidavit (Eric Brown), # (3) Affidavit (Peter Reimers), # (4) Affidavit (Tim DeLaney))(Rose, Gavin) 14 Filed & Entered: 08/30/2011Terminated: 08/31/2011 Stipulation STIPULATION of Facts by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz, Defendant South Bend City of. (Attachments: # (1) Exhibit 1 (East Bank Exec. Summ.), # (2) Exhibit 2 (Comm. Meeting Miutes - 6/6/11), # (3) Exhibit 3 (Meeting Minutes - 6/13/11), # (4) Exhibit 4 (Comm. Meeting Minutes - 6/27/11), # (5) Exhibit 5 (Meeting Minutes - 6/27/11), # (6) Exhibit 6 (Ordinance No. 10099-11), # (7) Exhibit 7 (Agreement for Services), # (8) Exhibit 8 (SJHS Mission and Vision Stmt), # (9) Exhibit 9 (SJHS Student Handbook), # (10) Exhibit 10 (Transaction List))(Rose, Gavin) 15 Filed & Entered: 08/30/2011 Memorandum in Opposition MEMORANDUM in Opposition to [5] MOTION for Preliminary Injunction filed by South Bend City of. (Leone, Charles) 16 Filed & Entered: 08/31/2011 Terminate Hearings MOTION HEARING held on 8/31/2011 in re [5] MOTION for Preliminary Injunction filed by Roy Wirtz, Eric Brown, Tim Delaney, Peter Reimers before Judge Robert L Miller, Jr.L parties present; Pltfs appeared by atty Gavin Rose; Dft appeared by atty Charles Leone; counsel presented further arguments before the court; motion taken under advisement; parties to inform the court if they wish to advance the trial date in this case. (Court Reporter D. Bonk.) (arl) 17 Filed & Entered: 08/31/2011 Order on Application to Appear Pro Hac Vice ORDER granting [12] Application to Appear Pro Hac Vice of Attorney Alexander J Luchenitser PHV for Eric Brown, Tim Delaney, Peter Reimers, and Roy Wirtz. Signed by Magistrate Judge Christopher A Nuechterlein on 8/29/11. (ksc) 18 Filed: 09/02/2011Entered: 09/06/2011Terminated: 09/06/2011 Application to Appear Pro Hac Vice APPLICATION for Attorney Ayesha N Khan to Appear Pro Hac Vice on behalf of Roy Wirtz, Eric Brown, Peter Reimers, and Tim Delaney ; Receipt #3002103. (kds) 19 Filed & Entered: 09/06/2011 Notice (Other) NOTICE by Eric Brown, Tim Delaney, Peter Reimers, South Bend City of, Roy Wirtz Notice Regarding Consolidation (Rose, Gavin) 20 Filed: 09/06/2011Entered: 09/07/2011 Order on Application to Appear Pro Hac Vice ORDER granting [18] Application to Appear Pro Hac Vice of Attorney Ayesha N Khan PHV for Eric Brown, Tim Delaney,Peter Reimers, and Roy Wirtz. Signed by Magistrate Judge Christopher A Nuechterlein on 9/6/11. (ksc) 22 Filed: 09/06/2011Entered: 09/08/2011 Receipt RECEIPT of letter addressed to Judge Miller from George E Lane, Citizens for the Accountability of Government, Inc. (ksc) 21 Filed & Entered: 09/07/2011 Opinion and Order OPINION AND ORDER re: [5] MOTION for Preliminary Injunction . The City of South Bend is enjoined from transferring the property at 717 E. LaSalle Ave. to Northeast Neighborhood Revitalization, Inc. for transfer to St. Josephs High School. Signed by Judge Robert L Miller, Jr on 9/7/11. (ksc) 23 Filed & Entered: 09/09/2011 Transcript TRANSCRIPT of Hearing held on 8/31/11, before Judge Robert L. Miller, Jr. Court Reporter Debra Bonk, Telephone number 574-246-8039. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IMPORTANT: Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above matter. The parties have 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Redaction Request - Transcript shall be e-filed with the Court. Access to this request will be restricted to the Court and attorneys of record in the case. If no such Notice and Redaction Request are filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the Court Reporter. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Notice of Intent to Redact due 9/20/2011. Redaction Request due 9/30/2011. Redacted Transcript Deadline set for 10/11/2011. Release of Transcript Restriction set for 12/8/2011. (ksc) 24 Filed & Entered: 09/09/2011Terminated: 10/19/2011 Motion for Miscellaneous Relief MOTION to Modify or Dismiss Injunction and for Expedited Hearing re [21] Memorandum & Opinion, Terminate Motions,, by Defendant South Bend City of. (Leone, Charles) 25 Filed & Entered: 09/12/2011 Clerks Judgment CLERK'S ENTRY OF JUDGMENT. (ksc) 26 Filed & Entered: 09/12/2011Terminated: 10/19/2011 Motion to Expedite MOTION to Expedite Hearing by Defendant South Bend City of. (Leone, Charles) 27 Filed & Entered: 09/14/2011Terminated: 09/16/2011 Motion for Extension of Time to File Consent MOTION for Extension of Time to File Petition for Attorneys Fees and Costs (Unopposed) by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 28 Filed & Entered: 09/16/2011Terminated: 09/16/2011 Motion to Seal Joint MOTION to Seal Motion for Leave to File Stipulation Under Temporary Seal by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz, Defendant South Bend City of. (Rose, Gavin) 29 Filed & Entered: 09/16/2011 Sealed Document Sealed Document re [28] Joint MOTION to Seal Motion for Leave to File Stipulation Under Temporary Seal. (Rose, Gavin) 30 Filed & Entered: 09/16/2011 Memorandum in Opposition MEMORANDUM in Opposition to [24] MOTION to Modify or Dismiss Injunction and for Expedited Hearing re [21] Memorandum & Opinion, Terminate Motions,, (Response in Opposition to Rule 60(b) Motion) filed by Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 31 Filed: 09/16/2011Entered: 09/19/2011 Order on Motion to Seal ORDER denying [28] Joint Motion to Seal. Signed by Judge Robert L Miller, Jr on 9/16/11. (ksc) 32 Filed: 09/16/2011Entered: 09/19/2011 Order on Motion for Extension of Time to File ORDER granting [27] Motion for Extension of Time to File Petition for Attorneys Fees and Costs. Signed by Judge Robert L Miller, Jr on 9/16/11. (ksc) 33 Filed & Entered: 09/19/2011Terminated: 09/19/2011 Stipulation Second STIPULATION of Facts (Redacted) by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz, Defendant South Bend City of. (Rose, Gavin) 34 Filed & Entered: 09/19/2011Terminated: 09/20/2011 Motion to Seal Joint MOTION to Seal Unredacted Version of Second Stipulation of Facts by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz, Defendant South Bend City of. (Rose, Gavin) 35 Filed & Entered: 09/19/2011 Sealed Document UNSEALED PER ORDER [49] Sealed Document re [34] Joint MOTION to Seal Unredacted Version of Second Stipulation of Facts. (Rose, Gavin) Modified on 10/4/2011 to unseal document (jld). 36 Filed: 09/20/2011Entered: 09/21/2011 Order on Motion to Seal ORDER granting [34] Joint Motion to Seal Unredacted Version of Parties' Second Stipulation of Facts. Signed by Judge Robert L Miller, Jr on 9/20/11. (ksc) 37 Filed & Entered: 09/21/2011 Notice (Other) NOTICE by South Bend City of re [24] MOTION to Modify or Dismiss Injunction and for Expedited Hearing re [21] Memorandum & Opinion, Terminate Motions,, of Clarification of or Amendment to City's Motion to Modify or Dismiss Injunction (Leone, Charles) 38 Filed & Entered: 09/22/2011 Order ORDER affording plaintiffs to and including 9/30/2011 within which to supplement their response to [24] MOTION to Modify or Dismiss Injunction and for Expedited Hearing. Defendant's reply to be filed by 10/7/2011. Signed by Judge Robert L Miller, Jr on 9/22/11. (ksc) 39 Filed & Entered: 09/23/2011Terminated: 09/26/2011 Stipulation Third STIPULATION of Facts by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz, Defendant South Bend City of. (Rose, Gavin) 40 Filed & Entered: 09/23/2011 Memorandum in Support MEMORANDUM in Support of [24] MOTION to Modify or Dismiss Injunction and for Expedited Hearing re [21] Memorandum & Opinion, Terminate Motions,, filed by South Bend City of. (Attachments: # (1) Exhibit "1" Resolution, # (2) Exhibit "2" Notice to Bidders)(Leone, Charles) 41 Filed & Entered: 09/23/2011Terminated: 09/28/2011 Motion for Miscellaneous Relief MOTION re [40] Memorandum in Support, for Leave to File Belatedly Affidavit of Donald E. Inks by Defendant South Bend City of. (Leone, Charles) 42 Filed & Entered: 09/26/2011 Affidavit AFFIDAVIT re [40] Memorandum in Support, of Donald E. Inks and Notice of Additional Exhibit "4" by South Bend City of. (Leone, Charles) 43 Filed & Entered: 09/27/2011 Notice (Other) NOTICE by South Bend City of re [42] Affidavit, [40] Memorandum in Support, of Submission of Exhibit "A" to Affidavit of Donald E. Inks (Leone, Charles) 44 Filed & Entered: 09/28/2011 Order on Motion for Miscellaneous Relief ORDER granting [41] Motion for leave to file belatedly the Affidavit of Donald E. Inks. Signed by Judge Robert L Miller, Jr on 9/28/11. (ksc) 45 Filed & Entered: 09/30/2011Terminated: 10/03/2011 Motion to Unseal Document Joint MOTION to Unseal Document [35] Sealed Document (Unredacted Version of Second Stipulation of Facts) by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz, Defendant South Bend City of. (Rose, Gavin) 46 Filed & Entered: 09/30/2011Terminated: 10/03/2011 Motion for Leave to File MOTION for Leave to File Supplemental Response in Opposition to Rule 60(b)(5) Motion by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Attachments: # (1) Supplement Supplemental Response in Opposition to Rule 60 Motion)(Rose, Gavin) 48 Filed: 09/30/2011Entered: 10/04/2011 Response to Motion SUPPLEMENTAL RESPONSE to Motion re [24] MOTION to Modify or Dismiss Injunction filed by Eric Brown, Tim Delaney, Peter Reimers. (filed per order [47]) (jld) 47 Filed: 10/03/2011Entered: 10/04/2011 Order on Motion for Leave to File ORDER granting [46] Motion for Leave to File Supplemental Response. Supplemental Response deemed filed as of the date of tender.. Signed by Judge Robert L Miller, Jr on 10/3/11. (jld) 49 Filed: 10/03/2011Entered: 10/04/2011 Order on Motion to Unseal Document ORDER granting [45] Motion to Unseal Document [35] Unredacted version of Stipulation. Signed by Judge Robert L Miller, Jr on 10/3/11. (jld) 50 Filed & Entered: 10/06/2011 Reply to Response to Motion REPLY to Response to [24] Motion to Rule 60(b)(5) Motion filed by South Bend City of. (Leone, Charles) Modified to correct link and text on 10/7/2011 (ksc). Modified on 10/7/2011 to correct link and text (jld). 51 Filed & Entered: 10/07/2011 Waiver WAIVER by South Bend City of Oral Argument on Motion to Modify or Dismiss Injunction. (Leone, Charles) 52 Filed & Entered: 10/19/2011 Order on Motion for Miscellaneous Relief OPINION AND ORDER denying [24] Motion to Modify or Dismiss Injunction. Signed by Judge Robert L Miller, Jr on 10/19/11. (ksc) 53 Filed & Entered: 11/16/2011Terminated: 11/21/2011 Motion for Miscellaneous Relief Second MOTION to Modify or Dismiss Injunction by Defendant South Bend City of. (Attachments: # (1) Exhibit "A" Resolution, # (2) Exhibit "B" Notice to Bidders)(Leone, Charles) 54 Filed & Entered: 11/18/2011 Response to Motion RESPONSE to Motion re [53] Second MOTION to Modify or Dismiss Injunction filed by Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 55 Filed & Entered: 11/21/2011 Order ORDER: the Injunction of 9/7/2011 [21] is dissolved conditioned upon South Bend selling the subject realty at public auction in conformity with I.C. 36-1-11-4 and pursuant to the terms of its Notice to Bidders. Signed by Judge Robert L Miller, Jr on 11/21/11. (ksc) Filed: 12/16/2011Entered: 12/19/2011Terminated: 02/29/2012 USCA Appeal Fees USCA Appeal Fees received $ 455, receipt number 3002911 re [58] Notice of Appeal. (ksc) 56 Filed & Entered: 12/16/2011Terminated: 02/17/2012 Motion for Attorney Fees MOTION for Attorney Fees and Costs by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Attachments: # (1) Affidavit Gavin M. Rose, # (2) Affidavit Kenneth J. Falk, # (3) Affidavit Alex J. Luchenitser, # (4) Affidavit Daniel Mach, # (5) Affidavit William L. Wilson, # (6) Affidavit Michael K. Sutherlin, # (7) Affidavit Richard A. Waples)(Rose, Gavin) 57 Filed & Entered: 12/16/2011 Memorandum in Support MEMORANDUM in Support of [56] MOTION for Attorney Fees and Costs filed by Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 58 Filed & Entered: 12/16/2011Terminated: 02/29/2012 Notice of Appeal NOTICE OF APPEAL as to [55] Order, [52] Order on Motion for Miscellaneous Relief, [21] Opinion and Order, Terminate Motions,, by South Bend City of. (Leone, Charles) Modified to add link on 12/19/2011 (ksc). 59 Filed & Entered: 12/19/2011Terminated: 02/29/2012 Short Record Sent to USCA Short Record Sent to US Court of Appeals re [58] Notice of Appeal. Appeal filing fees paid in the amount of $455 - Receipt # 3002911. (Attachments: # (1) Notice of Appeal, # (2) Order of 11/21/2011, # (3) Opinion and Order of 10/19/2011, # (4) Opinion and Order of 9/7/2011, # (5) Clerk's Judgment, # (6) Docket Sheet)(ksc) 60 Filed & Entered: 12/20/2011Terminated: 02/29/2012 USCA Case Number USCA Case Number 11-3811 for [58] Notice of Appeal filed by South Bend City of. (ksc) 61 Filed & Entered: 12/23/2011 Memorandum in Opposition MEMORANDUM in Opposition to [56] MOTION for Attorney Fees and Costs filed by South Bend City of. (Attachments: # (1) Affidavit of Aladean M. DeRose)(Leone, Charles) 62 Filed & Entered: 12/27/2011Terminated: 12/27/2011 Motion for Extension of Time to File Response/Reply Consent MOTION for Extension of Time to File Response/Reply as to [56] MOTION for Attorney Fees and Costs (Unopposed Motion for Extension of Time to File Reply Memorandum) by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 63 Filed: 12/27/2011Entered: 12/28/2011 Order on Motion for Extension of Time to File Response/Reply ORDER granting [62] Motion for Extension of Time to File Reply in support of motion for attorneys' fees and costs. Reply to be filed by 1/10/2012.. Signed by Judge Robert L Miller, Jr on 12/27/11. (smp) 64 Filed & Entered: 01/09/2012 Reply to Response to Motion REPLY to Response to Motion re [56] MOTION for Attorney Fees and Costs filed by Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Attachments: # (1) Affidavit (Supp. Aff. of Rose), # (2) Affidavit (Reply Decl. of Luchenitser))(Rose, Gavin) 65 Filed & Entered: 02/08/2012Terminated: 02/09/2012 Motion for Extension of Time to File Consent MOTION for Extension of Time to File Petition for Supplemental Attorneys' Fees and Costs by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 66 Filed: 02/09/2012Entered: 02/10/2012 Order on Motion for Extension of Time to File ORDER granting [65] Motion for Extension of Time to File Petition for Supplemental Attorneys' Fees and Costs to/including 30 days following disposition of pltf's Motion for Attorneys' Fees and Costs. Signed by Judge Robert L Miller, Jr on 2/9/12. (jld) 67 Filed: 02/17/2012Entered: 02/22/2012 Order on Motion for Attorney Fees OPINION AND ORDER granting [56] Motion for Attorney Fees in the sum of $70,695.06. Signed by Judge Robert L Miller, Jr on 2/17/12. (jld) 68 Filed & Entered: 02/29/2012 USCA Mandate MANDATE of USCA as to [58] Notice of Appeal filed by South Bend City of. The appeal, untimely and moot, is DISMISSED (Attachments: # (1) Certified Judgment, # (2) Certified Opinion)(jld) 69 Filed & Entered: 03/15/2012Terminated: 03/16/2012 Motion for Extension of Time to File Consent MOTION for Extension of Time to File Supplemental Petition for Attorneys' Fees and Costs by Plaintiffs Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz. (Rose, Gavin) 70 Filed & Entered: 03/16/2012 Order on Motion for Extension of Time to File ORDER granting [69] Motion for Extension of Time to File petition for supplemental atty fees and costs. Petition to be filed by 5/18/2012.. Signed by Judge Robert L Miller, Jr on 3/16/12. (jld) 71 Filed & Entered: 04/12/2012 Notice (Other) NOTICE by Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz of Settlement/Satisfaction of Attorneys' Fees Entitlement (Rose, Gavin)


4	Filed: 8/17/2011, Entered: 8/17/2011	Summons issued
	Summons Issued as to South Bend City of. (smp)
	Request

3	Filed: 8/16/2011, Entered: 8/17/2011	Notice of Appearance
	NOTICE of Appearance by Gavin M Rose on behalf of Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz (smp)
	Request

2	Filed: 8/16/2011, Entered: 8/17/2011	Notice of Appearance
	NOTICE of Appearance by Kenneth J Falk on behalf of Eric Brown, Tim Delaney, Peter Reimers, Roy Wirtz (smp)
	Request

1	Filed: 8/16/2011, Entered: 8/17/2011	Complaint
	COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against South Bend City of (Filing fee $ 350.) Receipt #3002020, filed by Roy Wirtz, Eric Brown, Peter Reimers, Tim Delaney. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Civil cover sheet)(smp)
	Request