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Case Information

Filed 2023-09-05
Type Civil Tort
Docket 138 entries

Docket Entries

  2. ocument Transmitted
  3. rder Denying Petition to Transfer Order - Transfer Appellees' petitions to transfer denied. All Justices concur, except Rush, C.J., who votes to grant the petitions to transfer. Judicial Officer: Rush, Loretta H. Party: Amazon Logistics, Inc. Party: Amazon, Inc Party: Amazon.com Services, LLC, MQJI Party: Amazon.Com, Inc. Party: CF Mount Comfort DST Party: ICI Transport, LLC Party: McPhearson, William Serve: Abel, Edmund Serve: Bowling, Joseph Serve: Cook, Richard Serve: Dollens, Lucy Serve: Dutton, Cyrus Serve: Hubley, Charles Serve: O'Brien, Edward Serve: Raman, Barath Serve: Rizzo, Philip Serve: Rowe, Crystal Serve: Schultz, Thomas Serve: Tisch, Bryan Serve: Trueblood, Alexander Serve: Wilson, Chase Serve: Yosha, Brandon Serve: Yosha, Louis Serve: Zigenfus, Jacob File Stamp: 04/30/2025
  4. ocument Transmitted
  5. cknowledgment of Order Setting Oral Argument (ICI Transport, LLC; William McPhearson) Certificate of Service- Electronically Served 03/13/25 Attorney: Schultz, Thomas Party: ICI Transport, LLC Party: McPhearson, William File Stamp: 03/13/2025
  6. cknowledgment of Order Setting Oral Argument (Amazon, Inc. et al.) Certificate of Service- Electronically Served 03/13/25 Attorney: Dutton, Cyrus Attorney: O'Brien, Edward Attorney: Rizzo, Philip Party: Amazon Logistics, Inc. Party: Amazon, Inc Party: Amazon.com Services, LLC, MQJI Party: Amazon.Com, Inc. File Stamp: 03/13/2025
  7. otice of Defect Cured Clerk Comments: Amazon, Inc., et al. Acknowledgment of Oral Argument Party: Amazon Logistics, Inc. Party: Amazon, Inc Party: Amazon.com Services, LLC, MQJI Party: Amazon.Com, Inc. Serve: Abel, Edmund Serve: Bowling, Joseph Serve: Cook, Richard Serve: Dollens, Lucy Serve: Dutton, Cyrus Serve: Hubley, Charles Serve: O'Brien, Edward Serve: Raman, Barath Serve: Rizzo, Philip Serve: Rowe, Crystal Serve: Tisch, Bryan Serve: Trueblood, Alexander Serve: Wilson, Chase Serve: Yosha, Brandon Serve: Yosha, Louis Serve: Zigenfus, Jacob File Stamp: 03/13/2025
  8. cknowledgment of Order Setting Oral Argument (ICI Transport, LLC; William McPhearson) Certificate of Service- Electronically Served 03/13/25 Attorney: Schultz, Thomas Party: ICI Transport, LLC Party: McPhearson, William File Stamp: 03/13/2025
  9. ocument Transmitted
  10. cknowledgment of Order Setting Oral Argument Certificate of Service- Electronically Served 03/12/2025 Attorney: Abel, Edmund Attorney: Bowling, Joseph Attorney: Raman, Barath Party: CF Mount Comfort DST File Stamp: 03/12/2025
  11. cknowledgment of Order Setting Oral Argument Certificate of Service- Electronically Served 03/11/25 Attorney: Tisch, Bryan Attorney: Trueblood, Alexander Attorney: Yosha, Brandon Party: Kaur, Harjit File Stamp: 03/11/2025
  12. eceived Document Receive Date: 03/11/25 Amazon Appellees' Acknowledgment of Oral Argument. Edward DeVries has not appeared in this case. PostmarkDate: 03/11/2025
  13. otice of Defect Issued Acknowledgment of Oral Argument - Amazon Party: Amazon Logistics, Inc. Party: Amazon, Inc Party: Amazon.com Services, LLC, MQJI Party: Amazon.Com, Inc. Serve: Abel, Edmund Serve: Bowling, Joseph Serve: Cook, Richard Serve: Dollens, Lucy Serve: Dutton, Cyrus Serve: Hubley, Charles Serve: O'Brien, Edward Serve: Raman, Barath Serve: Rizzo, Philip Serve: Rowe, Crystal Serve: Tisch, Bryan Serve: Trueblood, Alexander Serve: Wilson, Chase Serve: Yosha, Brandon Serve: Yosha, Louis Serve: Zigenfus, Jacob Issue Date: 03/12/2025
  14. ocument Transmitted
  15. cknowledgment of Order Setting Oral Argument Certificate of Service- Electronically Served 03/11/25 Attorney: Hubley, Charles Attorney: Wilson, Chase Party: Indiana Trial Lawyers Association File Stamp: 03/11/2025
  16. cknowledgment of Order Setting Oral Argument Amicus - Defense Trial Counsel Of Indiana - Certificate of Service- Electronically Served 03/04/25 Attorney: Dollens, Lucy Party: Defense Trial Counsel Of Indiana File Stamp: 03/04/2025
  17. rder Scheduling Oral Argument Order - TOA The Court has determined the above-captioned cases merit a consolidated oral argument. The appeals are not consolidated for any other purpose. The argument will be conducted as a traveling oral argument at Indiana Wesleyan University's Chapel Auditorium, 4201 South Washington Street, Marion, Indiana on, Thursday, April 10, 2025 at 10:00 a.m. Judicial Officer: Rush, Loretta H. Serve: Abel, Edmund Serve: Bowling, Joseph Serve: Cook, Richard Serve: Dollens, Lucy Serve: Dutton, Cyrus Serve: Hubley, Charles Serve: O'Brien, Edward Serve: Raman, Barath Serve: Rizzo, Philip Serve: Rowe, Crystal Serve: Schultz, Thomas Serve: Tisch, Bryan Serve: Trueblood, Alexander Serve: Wilson, Chase Serve: Yosha, Brandon Serve: Yosha, Louis Serve: Zigenfus, Jacob File Stamp: 02/28/2025
  18. ote The order issued 2/28/25 was served on Trial Counsel for Appellees ICI Transport, LLC and William McPhearson only. No address provided.
  19. ocument Transmitted
  20. eceived Document Receive Date: 1/31/2025 A new media flash drive was submitted to replace the faulty one that was received in the Appendix on 4/22/2024 and released to Court Administration on 1/29/2025. PostmarkDate: 02/03/2025
  21. ocuments released to Court Administration Volumes of Appendices 1 * Flash drive * SC
  22. ransmitted on Transfer (Supreme Court)
  23. rief - Reply in Support of Transfer Brief - Reply in Support of Transfer - Appellee (CF Mount Comfort DST) - Appellee (CF Mount Comfort DST)Certificate of Service- Electronically Served 12/12/24 Attorney: Abel, Edmund Attorney: Bowling, Joseph Attorney: Raman, Barath Party: CF Mount Comfort DST File Stamp: 12/12/2024
  24. rief - Reply in Support of Transfer Brief - Reply in Support of Transfer - Appellees (Amazon) - Appellees' (Amazon) Certificate of Service- Electronically Served 12/12/24 Attorney: Dutton, Cyrus Attorney: O'Brien, Edward Attorney: Rizzo, Philip Party: Amazon Logistics, Inc. Party: Amazon, Inc Party: Amazon.com Services, LLC, MQJI Party: Amazon.Com, Inc. File Stamp: 12/12/2024
  25. etransmission of Order The order issued 12/4/24 is retransmitted to serve the Court of Appeals Administrator. Judicial Officer: Rush, Loretta H. File Stamp: 12/04/2024
  26. orrected Entry The docket is corrected to show the correct file stamp date for the retransmission of the order issued 12/3/24.
  27. etransmission of Order Order - Motion for Leave The order issued 12/3/24 is retransmitted to serve the Court of Appeals Administrator. Judicial Officer: Rush, Loretta H. File Stamp: 12/03/2024
  28. ocument Transmitted
  29. rief - Response to Transfer Brief - Response to Transfer - Appellant - Appellant Certificate of Service- Electronically Served 12/02/24 Attorney: Tisch, Bryan Attorney: Trueblood, Alexander Attorney: Yosha, Brandon Attorney: Yosha, Louis Party: Kaur, Harjit File Stamp: 12/02/2024
  30. rder Issued Order - Motion for Leave Being duly advised, DTCI's "Motion for Leave to File Belated Amicus Curiae Brief" is GRANTED and the Clerk is instructed to file DTCI's amicus brief as of the date of this order. Our Appellate Rules do not provide for parties to file separate briefs responding to amicus curiae briefs; rather, the party may include any response to the amicus brief in the briefs permitted by Appellate Rules 57(D) (brief in response to the petition to transfer) and (E) (transfer petitioner's reply brief). Judicial Officer: Rush, Loretta H. Serve: Abel, Edmund Serve: Bowling, Joseph Serve: Cook, Richard Serve: Dollens, Lucy Serve: Dutton, Cyrus Serve: Hubley, Charles Serve: O'Brien, Edward Serve: Raman, Barath Serve: Rizzo, Philip Serve: Rowe, Crystal Serve: Schultz, Thomas Serve: Tisch, Bryan Serve: Trueblood, Alexander Serve: Wilson, Chase Serve: Yosha, Brandon Serve: Yosha, Louis Serve: Zigenfus, Jacob File Stamp: 12/03/2024
  31. ote The order issued 12/3/24 was served on Trial Counsel for Appellees ICI Transport, LLC and William McPhearson only. No address provided.
  32. rief of Amicus Curiae Brief - Amicus Curiae (Defense Trial Counsel of Indiana) (Defense Trial Counsel of Indiana) Certificate of Service- Electronically Served 11/27/24 Attorney: Dollens, Lucy Attorney: Rowe, Crystal Attorney: Zigenfus, Jacob Party: Defense Trial Counsel Of Indiana File Stamp: 12/03/2024
  33. ocument Transmitted
  34. ppearance (L. Dollens, C. Rowe, and J. Zigenfus)Certificate of Service- Electronically Served 11/27/24 Attorney: Dollens, Lucy Attorney: Rowe, Crystal Attorney: Zigenfus, Jacob Party: Defense Trial Counsel Of Indiana File Stamp: 11/27/2024
  35. ocument Filed Motion for Leave to file Belated Amicus Brief (Defense Trial Counsel of Indiana) Motion for Leave to File Belated Amicus Curiae Brief (Defense Trial Counsel of Indiana) Certificate of Service- Electronically Served 11/27/24 Attorney: Dollens, Lucy Attorney: Rowe, Crystal Attorney: Zigenfus, Jacob Party: Defense Trial Counsel Of Indiana File Stamp: 11/27/2024
  36. eceived Document Brief - Amicus Curiae (Defense Trial Counsel of Indiana) Receive Date: 11/27/24 Brief of Amicus Curiae (Defense Trial Counsel of Indiana) pending ruling on Motion. PostmarkDate: 11/27/2024
  37. etition to Transfer Petition to Transfer - Appellee (CF Mount Comfort DST) - Appellee (CF Mount Comfort DST)Certificate of Service- Electronically Served 11/22/24 Attorney: Abel, Edmund Attorney: Bowling, Joseph Attorney: Raman, Barath Party: CF Mount Comfort DST File Stamp: 11/22/2024
  38. otice of Defect Cured Clerk Comments:Petition to Transfer - Appellee (CF Mount Comfort DST) Party: CF Mount Comfort DST Serve: Abel, Edmund Serve: Bowling, Joseph Serve: Cook, Richard Serve: Dutton, Cyrus Serve: Hubley, Charles Serve: O'Brien, Edward Serve: Raman, Barath Serve: Rizzo, Philip Serve: Tisch, Bryan Serve: Trueblood, Alexander Serve: Wilson, Chase Serve: Yosha, Brandon Serve: Yosha, Louis File Stamp: 11/22/2024
  39. ocument Transmitted
  40. etition to Transfer Petition to Transfer - Appellees (Amazon Logistics, Inc, Amazon, Inc, Amazon.com, Inc, & Amazon.Com) - Appellees' (All Amazon parties) Certificate of Service- Electronically Served 11/12/24 Attorney: Dutton, Cyrus Attorney: O'Brien, Edward Attorney: Rizzo, Philip Party: Amazon Logistics, Inc. Party: Amazon, Inc Party: Amazon.com Services, LLC, MQJI Party: Amazon.Com, Inc. File Stamp: 11/12/2024
  41. etition to Transfer - Appellee (CF Mount Comfort DST)Certificate of Service- Electronically Served 11/12/24 Attorney: Abel, Edmund Attorney: Bowling, Joseph Attorney: Raman, Barath Party: CF Mount Comfort DST File Stamp: 11/12/2024
  42. ocument Filed in Error Letter Issued Clerk Comments: Petition to Transfer - Appellee (CF Mount Comfort DST) Certificate does not correctly identify the name of the document served. Party: CF Mount Comfort DST Serve: Abel, Edmund Serve: Bowling, Joseph Serve: Cook, Richard Serve: Dutton, Cyrus Serve: Hubley, Charles Serve: O'Brien, Edward Serve: Raman, Barath Serve: Rizzo, Philip Serve: Tisch, Bryan Serve: Trueblood, Alexander Serve: Wilson, Chase Serve: Yosha, Brandon Serve: Yosha, Louis Sent: 11/14/2024
  43. eceived Document REC - Petition to Transfer - Appellee (CF Mount Comfort DST) Receive Date: 11/12/2024 Petition to Transfer - Appellee (CF Mount Comfort DST) Certificate does not correctly identify the name of the document served. PostmarkDate: 11/12/2024
  44. ocument Transmitted
  45. otice of Defect Issued Petition to Transfer - Appellee (CF Mount Comfort DST) Party: CF Mount Comfort DST Serve: Abel, Edmund Serve: Bowling, Joseph Serve: Cook, Richard Serve: Dutton, Cyrus Serve: Hubley, Charles Serve: O'Brien, Edward Serve: Raman, Barath Serve: Rizzo, Philip Serve: Tisch, Bryan Serve: Trueblood, Alexander Serve: Wilson, Chase Serve: Yosha, Brandon Serve: Yosha, Louis Issue Date: 11/14/2024
  46. ocument Transmitted
  47. ote Opinion issued 9/27/24 was served on Trial Counsel for Appellees ICI Transport, LLC and William McPhearson only. No address provided.
  48. pinion Issued Opinion OPINION: Altice, C.J., reverse and remand Bailey, J., concur Mathias, J., concur with separate opinion Judicial Officer: Altice, Robert R. Serve: Abel, Edmund Serve: Bowling, Joseph Serve: Cook, Richard Serve: Dutton, Cyrus Serve: Hubley, Charles Serve: O'Brien, Edward Serve: Raman, Barath Serve: Rizzo, Philip Serve: Schultz, Thomas Serve: Tisch, Bryan Serve: Trueblood, Alexander Serve: Wilson, Chase Serve: Yosha, Brandon Serve: Yosha, Louis File Stamp: 09/27/2024
  49. ocument Transmitted
  50. cknowledgment of Order Setting Oral Argument - Appellee (CF Mount Comfort DST)Certificate of Service- Electronically Served 07/26/24 Attorney: Abel, Edmund Attorney: Bowling, Joseph Attorney: Raman, Barath Party: CF Mount Comfort DST File Stamp: 07/26/2024
  51. rder Filed by Instruction of Court order scheduling oral argument Having reviewed the matter, the Court finds and orders as follows: 1. Appellants' Motion for Oral Argument is granted. 2. The Oral Argument in both Cases is scheduled for the following date, time, and place: Tuesday, August 20, 2024 2:00 p.m., Indianapolis Time Court of Appeals of Indiana Courtroom State House, Room 413 Indianapolis, Indiana 46204 3. The argument will be web-cast at www.IN.gov/judiciary and will be televised on a monitor outside of the Courtroom. 4. Attorneys who plan to sit at counsel's table should arrive at least fifteen (15) minutes before the scheduled start of the argument. 5. Each side will be allotted forty (40) minutes for argument. 6. The scheduled panel members are Chief Judge Altice and Judges Bailey and Mathias. 7. The contact person for the Court is Anne Fuchs who can be reached at (317) 234-4859 or by e-mail at [email protected]. 8. In accordance with Indiana Appellate Rule 52(C), counsel of record shall file with the Clerk an acknowledgment of this order no later than fifteen (15) days after service of the order. 9. The parties are reminded to comply with the Indiana Rules on Access to Court Records and Indiana Appellate Rule 53(H). All panel judges concur. Judicial Officer: Altice, Robert R. Serve: Cook, Richard Serve: Hubley, Charles Serve: Schultz, Thomas Serve: Wilson, Chase File Stamp: 07/25/2024
  52. ote Order issued 7/25/24 was served on Trial Counsel for Appellees ICI Transport, LLC and William McPhearson only. No address provided.
  53. ocument Transmitted
  54. cknowledgment of Order Setting Oral Argument Certificate of Service- Electronically Served 07/24/24 Attorney: Tisch, Bryan Attorney: Trueblood, Alexander Attorney: Yosha, Brandon Attorney: Yosha, Louis Party: Kaur, Harjit File Stamp: 07/24/2024
  55. cknowledgment of Order Setting Oral Argument (Amazon Appellees') Certificate of Service- Electronically Served 07/19/24 Attorney: Dutton, Cyrus Attorney: O'Brien, Edward Attorney: Rizzo, Philip Party: Amazon Logistics, Inc. Party: Amazon, Inc Party: Amazon.com Services, LLC, MQJI Party: Amazon.Com, Inc. File Stamp: 07/19/2024
  56. rder Granting Motion for Oral Argument order scheduling oral argument Having reviewed the matter, the Court finds and orders as follows: 1. Appellant's Motion for Oral Argument is granted. 2. The Oral Argument is scheduled for the following date, time, and place: Tuesday, August 20, 2024 2:00 p.m., Indianapolis Time Court of Appeals of Indiana Courtroom State House, Room 413 Indianapolis, Indiana 46204 3. The argument will be web-cast at www.IN.gov/judiciary and will be televised on a monitor outside of the Courtroom. 4. Attorneys who plan to sit at counsel's table should arrive at least fifteen (15) minutes before the scheduled start of the argument. 5. Each side will be allotted twenty (20) minutes for argument. 6. The scheduled panel members are Chief Judge Altice, Judges Bailey, and Mathias. 7. The contact person for the Court is Anne Fuchs who can be reached at (317) 234-4859 or by e-mail at [email protected]. 8. In accordance with Indiana Appellate Rule 52(C), counsel of record shall file with the Clerk an acknowledgment of this order no later than fifteen (15) days after service of the order. 9. The parties are reminded to comply with the Indiana Rules on Access to Court Records and Indiana Appellate Rule 53(H). All panel judges concur. Judicial Officer: Altice, Robert R. Party: Kaur, Harjit Serve: Abel, Edmund Serve: Bowling, Joseph Serve: Cook, Richard Serve: Dutton, Cyrus Serve: Hubley, Charles Serve: O'Brien, Edward Serve: Raman, Barath Serve: Rizzo, Philip Serve: Schultz, Thomas Serve: Tisch, Bryan Serve: Trueblood, Alexander Serve: Wilson, Chase Serve: Yosha, Brandon Serve: Yosha, Louis File Stamp: 07/18/2024
  57. ote Order issued 7/18/24 was served on Trial Counsel for Appellees ICI Transport, LLC and William McPhearson only. No address provided.
  58. ocument Transmitted
  59. lectronic Documents Received from Trial Court Clerk Volumes of Transcripts - One (1) Volumes of T/C - One (1) Received Electronically 5/17/2024 Postmark: 05/17/2024
  60. ase Fully Briefed Oral Argument Requested: Yes FB Date: 05/20/2024
  61. ransmitted to Court of Appeals
  62. otion for Oral Argument Motion for Oral Argument - Appellant - Appellant Certificate of Service- Electronically Served 05/13/24 Attorney: Tisch, Bryan Attorney: Trueblood, Alexander Attorney: Yosha, Brandon Attorney: Yosha, Louis Party: Kaur, Harjit File Stamp: 05/13/2024
  63. rial Court Clerk Notified to Transmit Transcript Date Sent: 05/10/2024
  64. ocument Transmitted
  65. rief - Appellant Reply Brief - Appellant Reply Certificate of Service- Electronically Served 05/07/24 Attorney: Tisch, Bryan Attorney: Yosha, Brandon Attorney: Yosha, Louis Party: Kaur, Harjit File Stamp: 05/07/2024
  66. upplemental Appendix Filed Volumes of Appendices: One (1) Conventional No Certificate of Service Attorney: Dutton, Cyrus Attorney: O'Brien, Edward Attorney: Rizzo, Philip Party: Amazon Logistics, Inc. Party: Amazon, Inc Party: Amazon.com Services, LLC, MQJI Party: Amazon.Com, Inc. File Stamp: 04/22/2024
  67. ote Order issued 4/22/24 was served on Trial Counsel for Appellees ICI Transport, LLC and William McPhearson only. No address provided.
  68. rder Issued order granting motion to file supp appendix Having reviewed the matter, the Court finds and orders as follows: 1. Appellee's Motion for Leave to File Supplemental Appendix is granted. 2. Within ten (10) days of the date of this order, Appellee shall file a conventional, Supplemental Appendix that contains Exhibit A (i.e., a flash drive of surveillance footage) that was attached to Appellee's Answer filed in the trial court on April 13, 2023. Specifically, the flash drive shall be submitted in an envelope stapled into the conventional Appellee's Supplemental Appendix volume. 3. Appellant's reply brief, if any, is due no later than fifteen (15) days from the date the Appellee's Supplemental Appendix is filed. Judicial Officer: Altice, Robert R. Serve: Abel, Edmund Serve: Bowling, Joseph Serve: Cook, Richard Serve: Dutton, Cyrus Serve: Hubley, Charles Serve: O'Brien, Edward Serve: Raman, Barath Serve: Rizzo, Philip Serve: Schultz, Thomas Serve: Tisch, Bryan Serve: Trueblood, Alexander Serve: Wilson, Chase Serve: Yosha, Brandon Serve: Yosha, Louis File Stamp: 04/22/2024
  69. ocument Transmitted
  70. ote Appellees' Conventional Appendix returned in the mail to attorney Cyrus Dutton.
  71. otion to File Appendix Motion for Leave to File Supplemental (Conventional) Appendix (Conventional Supplemental Appendix) Certificate of Service- Electronically Served 04/17/24 Attorney: Dutton, Cyrus Attorney: O'Brien, Edward Attorney: Rizzo, Philip Party: Amazon Logistics, Inc. Party: Amazon, Inc Party: Amazon.com Services, LLC, MQJI Party: Amazon.Com, Inc. File Stamp: 04/17/2024
  72. eceived Document Receive Date: 04/15/24 Two (2) Conventional Appendix from Appellees - Appendix is a duplicate submission of appendix that was E-filed, but also includes a flash drive. A Conventional Appendix may only contain the flash drive and not contain other documents. Party must also seek leave of Court to tender conventional appendix. PostmarkDate: 04/11/2024
  73. rief - Appellee Brief - Appellee (CF Mount Comfort DST) (CF Mount Comfort DST) Certificate of Service- Electronically Served 04/11/24 Attorney: Abel, Edmund Attorney: Bowling, Joseph Attorney: Raman, Barath Party: CF Mount Comfort DST File Stamp: 04/11/2024
  74. rief and Appendix - Appellee Brief - Appellees (Amazon Logistics, Inc. et al) (Amazon, Inc., et al) Volumes of Appendix: Two (2) Certificate of Service- Electronically Served 04/11/24 Attorney: Dutton, Cyrus Attorney: O'Brien, Edward Attorney: Rizzo, Philip Party: Amazon Logistics, Inc. Party: Amazon, Inc Party: Amazon.com Services, LLC, MQJI Party: Amazon.Com, Inc. File Stamp: 04/11/2024
  75. rder Granting Motion to Withdraw Appearance order granting motion to withdraw appearance Having reviewed the matter, the Court finds and orders as follows: 1. The Motion to Withdraw Appearance of Katherine E. Tapp is granted. 2. The Clerk of the Court is directed to remove from the Clerk's on-line docket Attorney Katherine E. Tapp as counsel of record for Appellees. 3. The Clerk of the Court is directed to send this order to the parties and former counsel of record. Judicial Officer: Altice, Robert R. Serve: Abel, Edmund Serve: Bowling, Joseph Serve: Cook, Richard Serve: Dutton, Cyrus Serve: Hubley, Charles Serve: O'Brien, Edward Serve: Raman, Barath Serve: Rizzo, Philip Serve: Schultz, Thomas Serve: Tisch, Bryan Serve: Trueblood, Alexander Serve: Wilson, Chase Serve: Yosha, Brandon Serve: Yosha, Louis File Stamp: 03/22/2024
  76. ote Order issued 3/22/24 was served on Trial Counsel for Appellees ICI Transport, LLC and William McPhearson only. No address provided.
  77. ocument Transmitted
  78. rder Granting Motion for Extension of Time To File Brief order granting extension of time Having reviewed the matter, the Court finds and orders as follows: 1. Appellee CF Mount Comfort DST's Verified Motion for Extension of Time to File Appellee's Brief is granted. 2. Appellee CF Mount Comfort DST's Brief is due by April 11, 2024. Judicial Officer: Altice, Robert R. Party: CF Mount Comfort DST Serve: Abel, Edmund Serve: Bowling, Joseph Serve: Cook, Richard Serve: Dutton, Cyrus Serve: Hubley, Charles Serve: O'Brien, Edward Serve: Raman, Barath Serve: Rizzo, Philip Serve: Schultz, Thomas Serve: Tisch, Bryan Serve: Trueblood, Alexander Serve: Wilson, Chase Serve: Yosha, Brandon Serve: Yosha, Louis File Stamp: 03/21/2024
  79. ote Order issued 3/21/24 was served on Trial Counsel for Appellees ICI Transport, LLC and William McPhearson only. No address provided.
  80. ocument Transmitted
  81. rder Granting Motion for Extension of Time To File Brief order granting extension of time Having reviewed the matter, the Court finds and orders as follows: 1. Appellees' Verified Motion for Extension of Time to File Appellees' Brief is granted. 2. Appellees' brief is due on April 11, 2024. Judicial Officer: Altice, Robert R. Party: Amazon Logistics, Inc. Party: Amazon, Inc Party: Amazon.com Services, LLC, MQJI Party: Amazon.Com, Inc. Serve: Abel, Edmund Serve: Bowling, Joseph Serve: Cook, Richard Serve: Dutton, Cyrus Serve: Hubley, Charles Serve: O'Brien, Edward Serve: Raman, Barath Serve: Rizzo, Philip Serve: Schultz, Thomas Serve: Tisch, Bryan Serve: Trueblood, Alexander Serve: Wilson, Chase Serve: Yosha, Brandon Serve: Yosha, Louis File Stamp: 03/20/2024
  82. ote Order issued 3/20/24 was served on Trial Counsel for Appellees ICI Transport, LLC and William McPhearson only. No address provided.
  83. ocument Transmitted
  84. otion for Extension of Time to File Brief Verified Motion for Extension to File Appellee's (CF Mount Comfort DST) Brief (Appellee - CF Mount Comfort DST) Certificate of Service- Electronically Served 03/20/24 Attorney: Abel, Edmund Attorney: Bowling, Joseph Attorney: Raman, Barath Party: CF Mount Comfort DST File Stamp: 03/20/2024
  85. eceived Document Receive Date: 03/19/24 Motion for Extension of Time to File Appellee's Brief (CF Mount Comfort DST) - Certificate indicates future date of service or states will send notice rather than have served. Service must be done contemporaneously with filing. PostmarkDate: 03/19/2024
  86. otice of Defect Issued Motion for Extension of Time to File Appellee's Brief - Certificate indicates future date of service or states will send notice rather than have served. Service must be done contemporaneously with filing. Party: CF Mount Comfort DST Serve: Abel, Edmund Serve: Bowling, Joseph Serve: Cook, Richard Serve: Dutton, Cyrus Serve: Hubley, Charles Serve: O'Brien, Edward Serve: Raman, Barath Serve: Rizzo, Philip Serve: Tisch, Bryan Serve: Trueblood, Alexander Serve: Wilson, Chase Serve: Yosha, Brandon Serve: Yosha, Louis Issue Date: 03/19/2024
  87. ocument Transmitted
  88. otion to Withdraw Appearance Motion to Withdraw Appearance - Katherine Tapp- Amazon Parties- Appellee (Katherine Tapp) Certificate of Service- Electronically Served 03/18/24 Attorney: Dutton, Cyrus Attorney: O'Brien, Edward Attorney: Rizzo, Philip Party: Amazon Logistics, Inc. Party: Amazon, Inc Party: Amazon.com Services, LLC, MQJI Party: Amazon.Com, Inc. File Stamp: 03/18/2024
  89. otion for Extension of Time to File Brief Verified Motion for Extension of Time - Appellee Amazon Certificate of Service- Electronically Served 03/18/24 Attorney: Dutton, Cyrus Attorney: O'Brien, Edward Attorney: Rizzo, Philip Party: Amazon Logistics, Inc. Party: Amazon, Inc Party: Amazon.com Services, LLC, MQJI Party: Amazon.Com, Inc. File Stamp: 03/18/2024
  90. rief of Amicus Curiae Brief - Amicus Amended Consolidated - ITLA *Amended Consolidated* Certificate of Service- Electronically Served 02/16/24 Attorney: Hubley, Charles Attorney: Wilson, Chase Party: Indiana Trial Lawyers Association File Stamp: 02/27/2024
  91. rder Issued order directing clerk to file amended brief Having reviewed the matter, the Court finds and orders as follows: 1. The Clerk of the Court is directed to file, as of the date of this order, the Amended Consolidated Amicus Curiae Brief of the Indiana Trial Lawyers Association received on February 16, 2024. 2. The Clerk of the Court is directed to mark as obsolete Amicus Curiae Indiana Trial Lawyers Association's Brief filed on December 1, 2023. 3. Appellee's Brief is due within thirty (30) days of the date of this order. Judicial Officer: Altice, Robert R. Serve: Abel, Edmund Serve: Bowling, Joseph Serve: Cook, Richard Serve: Dutton, Cyrus Serve: Hubley, Charles Serve: O'Brien, Edward Serve: Raman, Barath Serve: Rizzo, Philip Serve: Schultz, Thomas Serve: Tisch, Bryan Serve: Trueblood, Alexander Serve: Wilson, Chase Serve: Yosha, Brandon Serve: Yosha, Louis File Stamp: 02/27/2024
  92. ote Order issued 2/27/24 was served on Trial Counsel for Appellees ICI Transport, LLC and William McPhearson only. No address provided.
  93. ocument Transmitted
  94. mended Brief - Appellant Brief - Appellant Amended Brief - Appealed Order -Amazon Brief - Final Judgment - Amazon Brief - Appealed Order - Mt Comfort Certificate of Service- Electronically Served 02/19/24 Attorney: Tisch, Bryan Attorney: Trueblood, Alexander Attorney: Yosha, Brandon Attorney: Yosha, Louis Party: Kaur, Harjit File Stamp: 02/19/2024
  95. ppendix Filed Supplemental Volumes of Appendices: 2 Certificate of Service- Electronically Served 02/19/24 Attorney: Tisch, Bryan Attorney: Trueblood, Alexander Attorney: Yosha, Brandon Attorney: Yosha, Louis Party: Kaur, Harjit File Stamp: 02/19/2024
  96. eceived Document Brief - Amicus Amended Consolidated - ITLA Receive Date: 02/16/24 Amended Consolidated Amicus Curiae Brief of the Indiana Trial Lawyers Association. Brief was tendered without a motion to amend. PostmarkDate: 02/16/2024
  97. mended Notice of Completion of Transcript Method of Service Not Provided/Not Specified 01/22/24 File Stamp: 01/22/2024
  98. rder Issued order granting motion to consolidate Having reviewed the matter, the Court finds and orders as follows: 1. The Joint Motion to Stay Briefing Schedule is granted in part. 2. The Joint Motion to Consolidate is granted. 3. Pursuant to Appellate Rule 38, the Court consolidates Cause Number 23A-CT-2561 under Cause Number 23A-CT-2059. 4. All further filings are to be made under Cause Number 23A-CT-2059. 5. Within five (5) days of the date of this order, the Hamilton Circuit and Superior Courts Clerk is ordered to file an Amended Notice of Completion of Transcript. 6. Within thirty (30) days of the date of this order, Appellant is ordered to file an amended consolidated brief that addresses all issues Appellant seeks to raise in Cause Numbers 23A-CT-2059 and 23A-CT-2561. Appellant is also granted leave to file an amended appendix, which is due at the same time Appellant's amended brief is due. 7. Appellees' Briefs are due within thirty (30) days of the service of Appellant's amended brief. 8. Upon the filing of Appellant's amended brief, the Clerk of the Court is directed to mark as obsolete the Appellant's Brief that was filed on November 17, 2023 in Cause Number 23A-CT-2059. 9. If Appellant files an amended appendix, then the Clerk is directed to mark as obsolete the Appellant's Appendix that was filed on November 17, 2023 in Cause Number 23A-CT-2059. 10.The Clerk of the Court is directed to send this order to the parties, the trial court, and the Hamilton Circuit and Superior Courts Clerk. 11.The Hamilton Circuit and Superior Courts Clerk is directed to file this order under Cause Number 29D04-2212-CT-10006, and, pursuant to Indiana Trial Rule 77(D), the Clerk shall place the contents of this order in the Record of Judgments and Orders. Judicial Officer: Brown, Elaine B. Serve: Abel, Edmund Serve: Bowling, Joseph Serve: Cook, Richard Serve: Dutton, Cyrus Serve: Hubley, Charles Serve: O'Brien, Edward Serve: Raman, Barath Serve: Rizzo, Philip Serve: Schultz, Thomas Serve: Tisch, Bryan Serve: Trueblood, Alexander Serve: Wilson, Chase Serve: Yosha, Brandon Serve: Yosha, Louis File Stamp: 01/18/2024
  99. ote Per the order issued on 01/18/24, this case has been consolidated with 23A-CT-2561. All filings from 23A-CT-2561 have been transferred to this cause number. All future filings for lower cause number 29D04-2212-CT-10006 should be filed under this cause number.
  100. ote Order issued 1/18/24 was served on Trial Counsel for Appellees ICI Transport, LLC and William McPhearson only. No address provided.
  101. ocument Transmitted
  102. otion to Stay Briefing Joint Mtn to Stay Briefing Schedule Certificate of Service- Electronically Served 01/10/24 Attorney: Dutton, Cyrus Attorney: O'Brien, Edward Party: Amazon Logistics, Inc. Party: Amazon, Inc Party: Amazon.com Services, LLC, MQJI Party: Amazon.Com, Inc. Party: CF Mount Comfort DST Party: Kaur, Harjit File Stamp: 01/10/2024
  103. ppearance Certificate of Service- Electronically Served 01/04/24 Attorney: Bowling, Joseph Party: CF Mount Comfort DST File Stamp: 01/04/2024
  104. rder Granting Motion for Extension of Time To File Brief order granting appellee mount comfort's motion for extension of time Having reviewed the matter, the Court finds and orders as follows: 1. Appellee Mount Comfort's Verified Motion for Extension of Time to File Appellee's Brief is granted. 2. Appellee's brief is due on January 17, 2024. Judicial Officer: Altice, Robert R. Party: CF Mount Comfort DST Serve: Abel, Edmund Serve: Cook, Richard Serve: Dutton, Cyrus Serve: Hubley, Charles Serve: O'Brien, Edward Serve: Raman, Barath Serve: Rizzo, Philip Serve: Schultz, Thomas Serve: Tisch, Bryan Serve: Trueblood, Alexander Serve: Wilson, Chase Serve: Yosha, Brandon Serve: Yosha, Louis File Stamp: 12/12/2023
  105. ote Order issued 12/12/23 was served on Trial Counsel for Appellees ICI Transport, LLC and William McPhearson only. No address provided.
  106. ocument Transmitted
  107. otion for Extension of Time to File Brief Motion for Extension Certificate of Service- Electronically Served 12/07/23 Attorney: Abel, Edmund Attorney: Raman, Barath Party: CF Mount Comfort DST File Stamp: 12/07/2023
  108. otice of Defect Cured Clerk Comments: Motion for Extension Party: CF Mount Comfort DST Serve: Abel, Edmund Serve: Cook, Richard Serve: Dutton, Cyrus Serve: Hubley, Charles Serve: O'Brien, Edward Serve: Raman, Barath Serve: Rizzo, Philip Serve: Tisch, Bryan Serve: Trueblood, Alexander Serve: Wilson, Chase Serve: Yosha, Brandon Serve: Yosha, Louis File Stamp: 12/07/2023
  109. ocument Transmitted
  110. eceived Document Receive Date: 12/04/23 Mount Comfort's Verified Motion for Extension of Time to File Appellee's Brief. The certificate of service does not indicate, by name, who was served by mail. PostmarkDate: 12/04/2023
  111. otice of Defect Issued Motion for Extension Party: CF Mount Comfort DST Serve: Abel, Edmund Serve: Cook, Richard Serve: Dutton, Cyrus Serve: Hubley, Charles Serve: O'Brien, Edward Serve: Raman, Barath Serve: Rizzo, Philip Serve: Tisch, Bryan Serve: Trueblood, Alexander Serve: Wilson, Chase Serve: Yosha, Brandon Serve: Yosha, Louis Issue Date: 12/05/2023
  112. ocument Transmitted
  113. rder Granting Motion to Appear as Amicus Curiae order granting motion to appear as amicus curiae Having reviewed the matter, the Court finds and orders as follows: 1. The Indiana Trial Lawyers Association's Motion for Leave to Appear as Amicus Curiae is granted. 2. The Clerk of the Court is directed to file the Amicus Curiae Brief of the Indiana Trial Lawyers Association received on November 17, 2023, as of the date of this order. Vaidik, Bradford, JJ., Najam, Sr. J., concur. Judicial Officer: Altice, Robert R. Party: Indiana Trial Lawyers Association Serve: Abel, Edmund Serve: Cook, Richard Serve: Dutton, Cyrus Serve: Hubley, Charles Serve: O'Brien, Edward Serve: Raman, Barath Serve: Rizzo, Philip Serve: Schultz, Thomas Serve: Tisch, Bryan Serve: Trueblood, Alexander Serve: Wilson, Chase Serve: Yosha, Brandon Serve: Yosha, Louis File Stamp: 12/01/2023
  114. ote Order issued 12/01/23 was served on Trial Counsel for Appellees ICI Transport, LLC and William McPhearson only. No address provided.
  115. ocument Transmitted
  116. rief of Amicus Curiae (ITLA) Certificate of Service- Electronically Served 11/17/23 Attorney: Hubley, Charles Attorney: Wilson, Chase Party: Indiana Trial Lawyers Association File Stamp: 12/01/2023
  117. rder Granting Motion for Extension of Time To File Brief order granting extension of time Having reviewed the matter, the Court finds and orders as follows: 1. Appellees' Verified Motion for Extension of Time to File Appellees' Brief is granted. 2. Appellees' Brief shall be filed on or before January 17, 2024. Judicial Officer: Altice, Robert R. Party: Amazon Logistics, Inc. Party: Amazon, Inc Party: Amazon.com Services, LLC, MQJI Party: Amazon.Com, Inc. Party: CF Mount Comfort DST Party: ICI Transport, LLC Party: McPhearson, William Serve: Abel, Edmund Serve: Cook, Richard Serve: Dutton, Cyrus Serve: Hubley, Charles Serve: O'Brien, Edward Serve: Raman, Barath Serve: Rizzo, Philip Serve: Schultz, Thomas Serve: Tisch, Bryan Serve: Trueblood, Alexander Serve: Wilson, Chase Serve: Yosha, Brandon Serve: Yosha, Louis File Stamp: 11/27/2023
  118. ote Order issued 11/27/23 was served on Trial Counsel for Appellees ICI Transport, LLC and William McPhearson only. No address provided.
  119. ocument Transmitted
  120. otion for Extension of Time to File Brief Verified Motion for Extension of time to File Appellee's Brief - Amazon x4 Certificate of Service- Electronically Served 11/20/23 Attorney: Dutton, Cyrus Attorney: O'Brien, Edward Attorney: Rizzo, Philip Party: Amazon Logistics, Inc. Party: Amazon, Inc Party: Amazon.com Services, LLC, MQJI Party: Amazon.Com, Inc. File Stamp: 11/20/2023
  121. ppearance Amicus Indiana Trial Lawyers Association (ITLA) Certificate of Service- Electronically Served 11/17/23 Attorney: Hubley, Charles Attorney: Wilson, Chase Party: Indiana Trial Lawyers Association File Stamp: 11/17/2023
  122. otion to Appear as Amicus Curiae Motion for Leave to Appear as Amicus Curiae- ITLA (ITLA) Certificate of Service- Electronically Served 11/17/23 Attorney: Hubley, Charles Attorney: Wilson, Chase Party: Indiana Trial Lawyers Association File Stamp: 11/17/2023
  123. eceived Document Receive Date: 11/17/23 Amicus Brief (ITLA) - hold for ruling on motion. PostmarkDate: 11/17/2023
  124. ppearance -Katherine E. Tapp Certificate of Service- Electronically Served 11/17/23 Party: Amazon Logistics, Inc. Party: Amazon, Inc Party: Amazon.com Services, LLC, MQJI Party: Amazon.Com, Inc. File Stamp: 11/17/2023
  125. rief and Appendix - Appellant Volumes of Appendix: Two (2) Certificate of Service- Electronically Served 11/17/23 Attorney: Cook, Richard Attorney: Tisch, Bryan Attorney: Trueblood, Alexander Attorney: Yosha, Brandon Attorney: Yosha, Louis Party: Kaur, Harjit File Stamp: 11/17/2023
  126. rder Granting Motion for Extension of Time To File Brief order granting extension of time Having reviewed the matter, the Court finds and orders as follows: 1. Appellant's Motion for Extension of Time to File Appellant's Brief is granted. 2. Appellant's brief is due on November 17, 2023. Judicial Officer: Altice, Robert R. Party: Kaur, Harjit Serve: Abel, Edmund Serve: Cook, Richard Serve: Dutton, Cyrus Serve: O'Brien, Edward Serve: Raman, Barath Serve: Rizzo, Philip Serve: Schultz, Thomas Serve: Tisch, Bryan Serve: Trueblood, Alexander Serve: Yosha, Brandon Serve: Yosha, Louis File Stamp: 10/13/2023
  127. ote Order issued 10/13/23 was served on Trial Counsel for Appellees ICI Transport, LLC and William McPhearson only. No address provided.
  128. ocument Transmitted
  129. ppearance -Barath S. Raman and Edmund L. Abel Certificate of Service- Electronic and Mail Service 10/11/23 Attorney: Abel, Edmund Attorney: Raman, Barath Party: CF Mount Comfort DST File Stamp: 10/11/2023
  130. otion for Extension of Time to File Brief Motion for Extension of Time to File Appellant's Brief Certificate of Service- Electronically Served 10/10/23 Attorney: Cook, Richard Attorney: Tisch, Bryan Attorney: Trueblood, Alexander Attorney: Yosha, Brandon Attorney: Yosha, Louis Party: Kaur, Harjit File Stamp: 10/10/2023
  131. ppearance - Edward O'Brien, Philip Rizzo, and Cyrus Dutton Certificate of Service- Electronically Served 09/20/23 Attorney: Dutton, Cyrus Attorney: O'Brien, Edward Attorney: Rizzo, Philip Party: Amazon Logistics, Inc. Party: Amazon, Inc Party: Amazon.com Services, LLC, MQJI Party: Amazon.Com, Inc. File Stamp: 09/20/2023
  132. otice of Completion of Transcript Certificate of Service- Electronically Served 09/18/23 File Stamp: 09/18/2023
  133. otice of Completion of Clerk's Record Transcript Not Yet Completed Method of Service Not Provided/Not Specified 09/08/23 File Stamp: 09/08/2023
  134. otice of Appeal Filed Certificate of Service-Mailed 09/05/23 Attorney: Cook, Richard Attorney: Tisch, Bryan Attorney: Trueblood, Alexander Attorney: Yosha, Brandon Attorney: Yosha, Louis Party: Kaur, Harjit File Stamp: 09/05/2023
  135. OA Service to Trial Court Sent Date: 09/05/2023
  136. ocument Transmitted

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