Fields v. Fenstemaker et al

Filing 159

MEMORANDUM AND ORDER: Without objection, the defendants motion to dismiss 157 was DENIED; defendants oral motion to file a second motion for summary judgment was GRANTED, and the November 17, 2015 trial date was VACATED. The defendants summary jud gment motion should be filed by December 7, 2015, Mr. Fields response is due January 19, 2016, and any reply should be filed by February 2, 2016. The final pretrial conference and trial will be rescheduled, if necessary, following ruling on the summary judgment motion. Signed by Judge Robert L Miller, Jr on 11/4/2015. (cc: Fields) (rmn) Modified on 11/4/2015 (lhc).

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
RONALD FIELDS,
Plaintiff
v.
JOHN FOLK, et al.,
Defendants

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CIVIL NO. 1:13-CV-189 RLM

MEMORANDUM AND ORDER
A final pretrial conference was held in this cause on November 2, 2015.
Plaintiff Ronald Fields appeared pro se; Rebecca Brelage and Betsy Isenberg
represented defendants Christoper Drake, Michelle Catterson, April Tackett,
Calvin Mayotte and John Folk.
Defense counsel advised the court that they were unable to submit a
materially complete proposed pretrial order because Mr. Fields hadn’t provided a
list of his contentions, witnesses, and exhibits, and that the documents that were
submitted weren’t relevant to the sole issue remaining for trial– whether the
seizure of the two flat screen television sets was reasonable.
Mindful of Mr. Fields pro se status, the court:
(1) Explained the nature of the documents Mr. Fields will be required
to submit if and when a new pretrial order is prepared;
(2) Summarized its April 8, 2015 oral findings and conclusions
regarding the defendant’s summary judgment motion [Doc. No. 133]; and

(3) Advised Mr. Fields that he will have the right to appeal that order after
the case is concluded; and
(4) Proposed that the final pretrial conference and trial be continued
to give Mr. Fields additional time to submit his contentions, witness and
exhibit lists, as required by the June 15, 2015 Order Concerning Pretrial
Conference and Trial [Doc. No. 148], and to give defense counsel an
opportunity to prepare and submit a new pretrial order.
Without objection, the defendants’ motion to dismiss [Doc. No. 157] was
DENIED; defendants’ oral motion to file a second motion for summary judgment
was GRANTED, and the November 17, 2015 trial date was VACATED. The
defendants’ summary judgment motion should be filed by December 7, 2015,
Mr. Fields response is due January 19, 2016, and any reply should be filed by
February 2, 2016. The final pretrial conference and trial will be rescheduled, if
necessary, following ruling on the summary judgment motion.
SO ORDERED.
ENTERED:

November 4, 2015

/s/ Robert L. Miller, Jr.
Judge
United States District Court

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