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Indiana appeal court

Indiana

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Case Information

Filed 2023-08-31
Type Appeal In Certain Administrative Proceedings
Docket 64 entries
Disposition affirmed

Docket Entries

  1. 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 is granted. 2. The Clerk of the Court is directed to remove from the Clerk's online docket Attorney Leah M. Jones as counsel of record for Appellee. 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: Corey, David Serve: Parks, Jay Serve: Recker, Abigail Serve: Rokita, Theodore Serve: V, L File Stamp: 07/15/2024
  2. ocument Transmitted
  3. otion to Withdraw Appearance Certificate of Service-Mailed 07/11/24 Party: Review Board File Stamp: 07/11/2024
  4. pinion Certified Serve: Corey, David Serve: Parks, Jay Serve: Recker, Abigail Serve: Rokita, Theodore Serve: V, L Notice Date: 06/24/2024
  5. ocument Transmitted
  6. pinion Issued Memorandum Decision MEMORANDUM DECISION: Affirmed - Bailey, J. Crone, J., and Pyle, J., concur. Judicial Officer: Bailey, Lloyd Mark Serve: Corey, David Serve: Parks, Jay Serve: Recker, Abigail Serve: Rokita, Theodore Serve: V, L File Stamp: 04/26/2024
  7. ocument Transmitted
  8. ase Fully Briefed Oral Argument Requested: No FB Date: 04/04/2024
  9. ransmitted to Court of Appeals
  10. rief and Appendix - Appellee Volumes of Appendix: Two (2) Certificate of Service-Mailed 03/06/24 Attorney: Recker, Abigail Party: Review Board File Stamp: 03/06/2024
  11. ppearance by Deputy AG Abigail Recker Certificate of Service-Mailed 02/22/24 DAG: Recker, Abigail Party: Review Board File Stamp: 02/22/2024
  12. 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's Verified Motion for Extension of Time to File Brief of Appellee is granted. 2. Appellee's Brief is due by March 6, 2024. Judicial Officer: Brown, Elaine B. Party: Review Board Serve: Corey, David Serve: Parks, Jay Serve: Rokita, Theodore Serve: V, L File Stamp: 02/08/2024
  13. ocument Transmitted
  14. otion for Extension of Time to File Brief Certificate of Service-Mailed 02/05/24 Attorney: Corey, David Party: Review Board File Stamp: 02/05/2024
  15. rief and Appendix - Appellant Volumes of Appendix: 2 Certificate of Service- Mailed 11/29/2023 Attorney: V, L Party: V, L File Stamp: 01/12/2024
  16. rder Granting Motion for Permission to File a Belated Brief order granting belated brief Having reviewed the matter, the Court finds and orders as follows: 1. Appellant's Motion for Belated Brief is granted. 2. The Clerk of the Court is directed to file Appellant's brief and appendix tendered on November 29, 2023 as of the date of this order. 3. Appellee's brief shall be filed within thirty (30) days of the date of this order. Bailey, Brown, JJ., Robb, Sr.J., concur. Judicial Officer: Altice, Robert R. Party: V, L Serve: Corey, David Serve: Parks, Jay Serve: Rokita, Theodore File Stamp: 01/12/2024
  17. ocument Transmitted
  18. otion for Permission to File a Belated Brief/Petition Certificate of Service- Mailed 12/14/2023 Attorney: V, L File Stamp: 12/14/2023
  19. eceived Document Receive Date: 12/05/2023 Brief and Appendix- Appellant **untimely** PostmarkDate: 11/29/2023
  20. ocument Not Corrected Pursuant to Notice of Defect Issued Clerk Comments:Brief and Appendix- Appellant **Untimely: not tendered with corrected motion to file belated** Party: V, L Serve: Corey, David Serve: Parks, Jay Date Sent: 12/12/2023
  21. ocument Transmitted
  22. otice of Defect Issued Motion to File Belated- Appellant Party: V, L Serve: Corey, David Serve: Parks, Jay Issue Date: 11/28/2023
  23. ate & Defective Document Letter Issued Appendix- Appellant Party: V, L Serve: Corey, David Serve: Parks, Jay Issue Date: 11/27/2023
  24. ocument Transmitted
  25. ocument Transmitted
  26. eceived Document Receive Date: 11/16/2023 Motion to File Belated Brief; Brief; Appendix- Appellant **Motion to file belated lacks method of service and does not list all opposing counsel; Appendix is untimely; lacks separate volume for table of contents; Appendix certificate of service lacks method of service and does not indicate all opposing counsel; Brief lacks method of service and does not indicate all opposing counsel** PostmarkDate: 11/14/2023
  27. ocument Not Corrected Pursuant to Notice of Defect Issued Clerk Comments:Brief- Appellant** Brief is untimely and lacks method of service and does not indicate all opposing counsel** Party: V, L Serve: Corey, David Serve: Parks, Jay Date Sent: 11/27/2023
  28. ocument Transmitted
  29. ocument Not Corrected Pursuant to Notice of Defect Issued Clerk Comments:Brief-Appellant Party: V, L Serve: Corey, David Serve: Parks, Jay Date Sent: 11/13/2023
  30. ocument Transmitted
  31. ourt Notified Regarding Non-compliance With Order No Appellant's Brief filed per order issued on 10/5/2023.
  32. otice of Defect Issued Brief- Appellant Party: V, L Serve: Corey, David Serve: Parks, Jay Issue Date: 10/17/2023
  33. ocument Transmitted
  34. eceived Document Receive Date: 10/10/2023 Brief- Appellant **Lacks Appealed Order; lacks service to all opposing party's counsel who have appeared; tendered with attachments not permitted** PostmarkDate: 10/07/2023
  35. rder Granting Motion to Proceed in Forma Pauperis order granting pauper status Having reviewed the matter, the Court finds and orders as follows: 1. Pursuant to Indiana Appellate Rule 40, Appellant's Motion to Proceed on Appeal in Forma Pauperis is granted. 2. Appellant is hereby relieved of the obligation to pay the appellate filing fee. Riley, J., Shepard, Sr. J., concur. May, J., dissents. Judicial Officer: Altice, Robert R. Party: V, L Serve: Corey, David Serve: Parks, Jay Serve: Rokita, Theodore Serve: V, L File Stamp: 10/13/2023
  36. ocument Transmitted
  37. eceived Document Receive Date: 10/02/23 Notice of Appeal - most of the information is not completed; certificate of service has been updated to reflect service. Notice of Appeal previously filed. PostmarkDate: 09/27/2023
  38. otion to Proceed in Forma Pauperis Certificate of Service-Mailed 09/27/23 Attorney: V, L Party: V, L File Stamp: 09/27/2023
  39. rder Granting Motion to Consolidate Appeals order granting motion to consolidate Having reviewed the matter, the Court finds and orders as follows: 1. The Motion to Consolidate Appeals is granted. 2. Pursuant to Appellate Rule 38, the Court consolidates Cause Numbers 23A-EX-2068 and 23A-EX-2070 under Cause Number 23A-EX-2067. 3. All further filings are to be made under Cause Number 23A-EX- 2067. 4. Pursuant to Appellate Rule 45(B)(1)(b), Appellant's Brief is due on October 10, 2023. 5. The Clerk of this Court is directed to file this order in Cause Numbers 23A-EX-2067, 23A-EX-2068, and 23A-EX-2070. 6. The Review Board is directed to file this order in Cause Numbers 23-R-2081, 23-R-2082 and 23-R-2083. Judicial Officer: Altice, Robert R. Party: Review Board Serve: Corey, David Serve: Parks, Jay Serve: Rokita, Theodore Serve: V, L File Stamp: 10/05/2023
  40. ote Per the order issued on 10/05/23, this case has been consolidated with 23A-EX-2068 and 23A-EX-2070. All filings from 23A-EX-2068 and 23A-EX-2070 have been transferred to this cause number. All future filings for lower cause numbers 23-R-2081, 23-R-2082 and 23-R-2083 should be filed under this cause number
  41. ocument Transmitted
  42. ppearance by Deputy AG (Corey) Certificate of Service-Mailed 10/03/23 DAG: Corey, David Party: Review Board File Stamp: 10/03/2023
  43. otion to Consolidate Appeals Certificate of Service-Mailed 10/03/23 Attorney: Corey, David Party: Review Board File Stamp: 10/03/2023
  44. eceived Document Receive Date: 09/25/23 Notice of Appeal from LV - most of the document is not completed; Notice of Appeal was previously filed 08/31/23. PostmarkDate: 09/22/2023
  45. eceived Document Receive Date: 09/25/23 Affidavit of Pauper Status - must be accompanied by Motion; also certificate of service is not correct as appellant must serve the attorneys who have filed an appearance in this case. PostmarkDate: 09/22/2023
  46. orrected Entry Entry showing receipt of affidavit is corrected to show motion was tendered
  47. eceived Document Affidavit of Pauper Status - Certificate of service is not correct as appellant must serve the attorneys who have filed an appearance in this case. Appellant is only serving the Administrative Law Judge. PostmarkDate: 09/22/2023
  48. ocument Not Corrected Pursuant to Notice of Defect Issued Clerk Comments: Affidavit of Pauper Status - Certificate of service is not correct as appellant must serve the attorneys who have filed an appearance in this case. Appellant is only serving the Administrative Law Judge. Party: V, L Serve: Parks, Jay Serve: V, L Date Sent: 09/26/2023
  49. ocument Transmitted
  50. eceived Document Receive Date: 09/11/2023 Motion to Proceed on Appeal in Forma Pauperis- Appellant**Lacks affidavit in support of motion and does not specifically state service to opposing party's counsel who has appeared** PostmarkDate: 09/08/2023
  51. otice of Defect Not Cured Letter Issued Clerk Comments:Motion to Proceed on Appeal in Forma Pauperis- Appellant**Lacks affidavit in support of motion and does not specifically state service to opposing party's counsel who has appeared** Party: V, L Serve: Parks, Jay Serve: V, L Issue Date: 09/20/2023
  52. ocument Transmitted
  53. ppearance (Parks & Jones) Certificate of Service-Hand Delivered to Price and mailed to appellant and Groceryworkscom Operating Co. LLC 09/07/23 Attorney: Parks, Jay Party: Review Board File Stamp: 09/07/2023
  54. etransmission of Document Corrected Notice of Defect for Motion for Pauper Status to include defect of missing method of service in addition to names of parties/counsel not served. Party: V, L Serve: Rokita, Theodore Serve: V, L File Stamp: 09/06/2023
  55. ocument Transmitted
  56. otice of Completion of Clerk's Record Transcript Not Requested/Not Available Certificate of Service-Mailed 09/07/23 File Stamp: 09/07/2023
  57. otice of Appeal Filed Certificate of Service-Method not Specified 08/31/23 Attorney: V, L Party: V, L File Stamp: 08/31/2023
  58. OA Service to Trial Court Sent Date: 09/06/2023
  59. eceived Document Receive Date: 09/05/23 Motion for Pauper Status & Affidavit in Support - certificate of service is missing method of service and name of party/counsel served. PostmarkDate: 08/31/2023
  60. otice Regarding Case Creation Party: V, L Serve: V, L Notice Sent: 09/06/2023
  61. ocument Transmitted
  62. ocument Transmitted
  63. otice of Defect Issued Motion for Pauper Status Party: V, L Serve: Rokita, Theodore Serve: V, L Issue Date: 09/06/2023
  64. ocument Transmitted

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