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Case Information
Docket Entries
- Opinion Certified Serve: M, T Serve: Marcus, Cynthia Notice Date: 11/28/2022
- Document Transmitted
- Opinion Issued Memorandum Decision MEMORANDUM DECISION Friedlander, Sr. J., Affirmed Brown, J., and Tavitas, J., concur. Judicial Officer: Friedlander, Ezra H. -SR Serve: M, T Serve: Marcus, Cynthia File Stamp: 09/27/2022
- Order Issued order denying motion for sanctions Having reviewed the matter, the Court finds and orders as follows: 1. Appellee's Motion to Strike is granted in part. Pages 26 through 70 of Appellant's Appendix Volume 2 are hereby stricken. In all other respects, Appellee's Motion to Strike is denied. 2. Appellant's July 10, 2022 Motion for Leave to File Motion to Strike is granted. The Clerk of the Court is directed to file Appellant's Motion to Strike Portions and Sections of Appellee's Brief as of the date of this order. 3. Appellee's July 19, 2022 Motion for Leave to Respond to Appellant's Motion to Strike Portions and Sections of Appellee's Brief is granted. The Clerk of the Court is directed to file Appellee's Response to Appellant's Motion to Strike Portions and Sections of Appellee's Brief as of the date of this order. 4. Appellant's July 25, 2022 Motion for Leave to File Reply to Appellee's Response to Appellant's Motion to Strike is granted. The Clerk of the Court is directed to file Appellant's Reply to Appellee's Response to Appellant's Motion to Strike as of the date of this order. 5. Appellant's Motion to Strike Portions and Sections of Appellee's Brief is denied. 6. Appellant's July 19, 2022 Motion for Leave to File Motion to Strike is granted. The Clerk of the Court is directed to file Appellant's Motion to Strike Appellee's Appendix as of the date of this order. 7. Appellant's August 2, 2022 Motion for Leave to Reply to Appellee's Response is granted. The Clerk of the Court is directed to file Appellant's Reply to Appellee's Response to Appellant's Motion for Leave to File Motions as of the date of this order. 8. Appellant's Motion to Strike Appellee's Appendix is denied. 9. Appellant's Motion for Leave to Sanction Appellee is granted. The Clerk of the Court is directed to file Appellant's Motion for Sanctions as of the date of this order. 10.Appellant's Motion for Sanctions is denied. Brown, Tavitas, JJ., Friedlander, Sr.J., concur. Judicial Officer: Bradford, Cale J. Serve: M, T Serve: Marcus, Cynthia File Stamp: 09/27/2022
- Document Transmitted
- Document Transmitted
- Motion to Strike Portions and Sections of Appellee's Brief Certificate of Service- Electronically Served 07/10/2022 Attorney: M, T Party: M, T File Stamp: 09/27/2022
- Response to Motion to Strike Portions and Sections of Appellee's Brief Certificate of Service- Electronically Served 07/19/2022 Attorney: Marcus, Cynthia Party: S, K File Stamp: 09/27/2022
- Reply to Appellee's Response to Motion to Strike Certificate of Service- Electronically Served 07/25/2022 Attorney: M, T Party: M, T File Stamp: 09/27/2022
- Motion to Strike Appellee's Appendix Certificate of Service- Electronically Served 07/19/2022 Attorney: M, T Party: M, T File Stamp: 09/27/2022
- Reply to Appellee's Response to Appellant's Motion for Leave to File MotionsCertificate of Service- Electronically Served 08/02/2022 Attorney: M, T Party: M, T File Stamp: 09/27/2022
- Document Filed Motion for Sanctions Certificate of Service- Electronically Served 07/27/2022 Attorney: M, T Party: M, T File Stamp: 09/27/2022
- Motion for Leave to File Reply to Response to Appellants Motion for Leave to File Motions- Appellant Certificate of Service- Electronically Served 08/02/2022 Attorney: M, T File Stamp: 06/28/2022
- Received Document Receive Date: 08/02/2022 Appellants Reply to Appellee's Response to Appellants Motion for Leave to File Motions- Appellant **Pending Ruling on motion for leave to file** PostmarkDate: 08/02/2022
- Document Filed Motion for Leave to Sanction Appellee Certificate of Service- Electronically Served 07/27/2022 Attorney: M, T Party: M, T File Stamp: 07/27/2022
- Received Document Receive Date: 07/27/2022 Motion for Sanctions - pending ruling on motion for leave PostmarkDate: 07/27/2022
- Response Response to Appellant's Motion for Leave to File Motions Certificate of Service- Electronically Served 07/28/22 Attorney: Marcus, Cynthia Party: S, K File Stamp: 07/28/2022
- Motion for Leave to File Reply to Response to Appellant's Motion to Strike (sections of the Appellee's Brief) Certificate of Service- Electronically Served 07/25/2022 Attorney: M, T Party: M, T File Stamp: 07/25/2022
- Received Document Receive Date: 07/25/2022 Appellant's Reply to Appellee's Response to Appellant's Motion to Strike (sections of Appellee's Brief) - pending ruling on motion for leave. PostmarkDate: 07/25/2022
- Document Filed Motion for Leave to File Motion to Strike-Appellant Certificate of Service- Electronically Served 07/19/2022 Attorney: M, T File Stamp: 07/19/2022
- Received Document Receive Date: 07/19/2022 Motion to Strike Appellee's Appendix- Appellant PostmarkDate: 07/19/2022
- Document Filed Appellee's Motion for Leave to Respond to Appellant's Motion to Strike Portions and Sections of Appellee's Brief; Certificate of Service- Electronically Served 07/19/22 Attorney: Marcus, Cynthia Party: S, K File Stamp: 07/19/2022
- Received Document Receive Date: 07/19/22 Appellee's Response to Appellant's Motion to Strike Portions and Sections of Appellee's Brief; Received pending Court's ruling on Motion. PostmarkDate: 07/19/2022
- Case Fully Briefed Oral Argument Requested: No FB Date: 07/14/2022
- Transmitted to Court of Appeals
- Brief - Appellant Reply Certificate of Service- Electronically Served 07/13/2022 Attorney: M, T Party: M, T File Stamp: 07/13/2022
- Document Filed Motion for Leave to File Motion to Strike Certificate of Service- Electronically Served 07/10/2022 Attorney: M, T Party: M, T File Stamp: 07/10/2022
- Received Document Receive Date: 07/10/2022 Motion to Strike Portions and Sections of Appellee's Brief PostmarkDate: 07/10/2022
- Order Issued order holding motion to strike in abeyance Having reviewed the matter, the Court finds and orders as follows: 1. Appellee's Motion for Leave to File Motion to Strike is granted. 2. The Clerk of the Court is directed to file, as of the date of this order, Appellee's Motion to Strike received on June 29, 2022 and Appellant's Response to Appellee's Motion to Strike received on July 4, 2022. 3. Appellee's Motion to Strike and Appellant's Response to Appellee's Motion to Strike are held in abeyance to be addressed by the writing panel to which this case is assigned. 4. Personnel in the Office of the Administrator are directed to mark the docket to bring this order, Appellee's Motion to Strike, and Appellant's Response to Appellee's Motion to Strike to the attention of the writing panel to which this case is assigned. Judicial Officer: Bradford, Cale J. Party: S, K Serve: M, T Serve: Marcus, Cynthia File Stamp: 07/08/2022
- Motion to Strike Certificate of Service- Electronically Served 06/29/22 Attorney: Marcus, Cynthia Party: S, K File Stamp: 07/08/2022
- Document Transmitted
- Response to Motion to Strike Certificate of Service- Electronically Served 07/04/22 Attorney: M, T Party: M, T File Stamp: 07/08/2022
- Received Document Receive Date: 07/04/22 Appellant's Response to Appellee's Motion to Strike, received pending ruling on Appellee's Motion for Leave to File Motion to Strike PostmarkDate: 07/04/2022
- Document Filed Appellee's Motion for Leave to File Motion to Strike; Certificate of Service- Electronically Served 06/29/22 Attorney: Marcus, Cynthia Party: S, K File Stamp: 06/29/2022
- Received Document Receive Date: 06/29/22 Appellee's Motion to Strike; Received pending Court's ruling on Motion for Leave to File Motion to Strike PostmarkDate: 06/29/2022
- Brief and Appendix - Appellee Volumes of Appendix: 2 Certificate of Service- Electronically Served 06/28/22 Attorney: Marcus, Cynthia Party: S, K File Stamp: 06/28/2022
- Brief - Appellant Certificate of Service- Electronically Served 05/30/2022 Attorney: M, T Party: M, T File Stamp: 05/30/2022
- Order Denying Motion to Dismiss order denying motion to dismiss Having reviewed the matter, the Court finds and orders as follows: 1. Appellee's Motion to Dismiss is denied. 2. Pursuant to Appellate Rule 45(B)(1)(a), Appellant's Brief is due on June 15, 2022. Riley, J., Darden, Friedlander, Sr.JJ., concur. Judicial Officer: Bradford, Cale J. Party: S, K Serve: M, T Serve: Marcus, Cynthia File Stamp: 05/31/2022
- Document Transmitted
- Order Issued order denying motion to compel and correct clerk's record Having reviewed the matter, the Court finds and orders as follows: 1. Appellant disagrees with the accuracy of the Clerk's Record. The trial court retains jurisdiction to correct or modify the Clerk's Record at any time before the Appellant's reply brief is due to be filed. See Ind. Appellate Rule 32(A). 2. Therefore, Appellant's Motion for Leave and to Compel Marion County Clerk to Correct the Record and Motion to Compel Marion County Clerk to Correct the Record are both denied. Judicial Officer: Bradford, Cale J. Serve: M, T Serve: Marcus, Cynthia File Stamp: 05/24/2022
- Document Transmitted
- Appendix Filed Supplemental Volumes of Appendices: 2 Certificate of Service- Electronically Served 05/18/2022 Attorney: M, T Party: M, T File Stamp: 05/18/2022
- Notice of Completion of Clerk's Record Transcript Not Requested/Not Available Certificate of Service- Electronically Served 05/16/22 File Stamp: 05/16/2022
- Document Filed Appellants Motion for Leave and to Compel Marion County Clerk to Correct the Record- Appellant Certificate of Service- Electronically Served 05/13/2022 Attorney: M, T File Stamp: 05/13/2022
- Motion to Compel Marion County Clerk to Correct the Record Certificate of Service- Electronically Served 05/11/2022 Attorney: M, T File Stamp: 05/13/2022
- Received Document Receive Date: 05/11/2022 Correspondence- Appellant PostmarkDate: 05/11/2022
- Response to Motion to Dismiss Certificate of Service- Electronically Served 05/11/2022 Attorney: M, T Party: M, T File Stamp: 05/11/2022
- Appendix Filed Supplemental Volumes of Appendices: 2 Certificate of Service- Electronically Served 05/11/2022 Attorney: M, T Party: M, T File Stamp: 05/11/2022
- Order Denying Motion to Consolidate Appeals order denying motion to consolidate Having reviewed the matter, the Court finds and orders as follows: Because both Notices of Appeal were filed under this Cause Number, Appellant's Motion to Consolidate Appeals is denied as moot. Judicial Officer: Bradford, Cale J. Party: M, T Serve: M, T Serve: Marcus, Cynthia File Stamp: 05/09/2022
- Document Transmitted
- Appendix Filed Volumes of Appendices: Two (2) Certificate of Service- Electronically Served 05/06/2022 Attorney: M, T Party: M, T File Stamp: 05/06/2022
- Notice of Defect Cured Clerk Comments: Appellant's Appendix Party: M, T Serve: M, T File Stamp: 05/06/2022
- Document Transmitted
- Received Document Receive Date: 05/04/2022 Appendix- Appellant **Volume two is incorrectly paginated** PostmarkDate: 05/04/2022
- Notice of Defect Issued Appendix- Appellant Party: M, T Serve: M, T Serve: Marcus, Cynthia Issue Date: 05/05/2022
- Document Transmitted
- Motion to Dismiss Certificate of Service-Mailed 05/05/22 Attorney: Marcus, Cynthia Party: S, K File Stamp: 05/05/2022
- Appearance Certificate of Service-Mailed 05/03/22 Attorney: Marcus, Cynthia Party: S, K File Stamp: 05/03/2022
- Notice to Court Certificate of Service-Mailed 05/03/22 Attorney: Marcus, Cynthia Party: S, K File Stamp: 05/03/2022
- Motion to Consolidate Appeals Certificate of Service- Electronically Served 05/01/2022 Attorney: M, T File Stamp: 05/01/2022
- Notice of Defect Cured Clerk Comments: Motion to Consolidate Party: M, T Serve: M, T Serve: Marcus, Cynthia Serve: S, K File Stamp: 05/01/2022
- Document Transmitted
- Notice of Appeal Filed (Order to Correct Error) Certificate of Service-Mailed 04/21/2022 Attorney: M, T Party: M, T File Stamp: 04/21/2022
- Notice of Appeal Filed (Order to Dismiss for Lack of Subject Matter Jurisdiction) Certificate of Service-Mailed 04/21/2022 Attorney: M, T Party: M, T File Stamp: 04/21/2022
- Notice Regarding Case Creation Party: M, T Serve: M, T Notice Sent: 04/29/2022
- NOA Service to Trial Court Sent Date: 04/29/2022
- Received Document Receive Date: 04/25/2022 Motion to Consolidate Appeals - certificate of service is incorrect - e-mail is not a proper form of service PostmarkDate: 04/21/2022
- Document Transmitted
- Document Transmitted
- Notice of Defect Issued Motion to Consolidate Party: M, T Serve: Marcus, Cynthia Issue Date: 04/29/2022
- Document Transmitted
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