KOLE et al v. FAULTLESS et al

Filing 77

Adoption of Report and Recommendation and Certification of Question to the Indiana Supreme Court - The court, having considered the Magistrate Judge's Report and being duly advised, now approves and adopts the Magistrate Judge's Report and Recommendation (Dkt. 76 ). The plaintiffs' motion (Dkt. 69 ) is therefore GRANTED as provided in the Report and Recommendation and this order. The Clerk of this Court shall transmit the items listed within to the Clerk of the Indiana Supreme Court. Signed by Judge Tanya Walton Pratt on 12/6/2011.(JD) Modified filed date on 12/7/2011 (JD).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
MICHAEL R. KOLE,
JOSEPH L. WEINGARTEN, and
GLENN J. BROWN, individually and
on behalf of all others similarly situated,
Plaintiffs,
v.
SCOTT FAULTLESS, DANIEL HENKE,
EILEEN PRITCHARD, STUART EASLEY,
DAVID GEORGE, ARTHUR LEVINE,
THE TOWN COUNCIL OF FISHERS,
INDIANA, and FALL CREEK TOWNSHIP,

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

CASE NO. 1:10-cv-01735-TWP-DML

Defendants.

Adoption of Report and Recommendation and
Certification of Question to the Indiana Supreme Court
The Magistrate Judge submitted her Report and Recommendation (Dkt. 76) on Plaintiffs’
motion to reopen case and to certify a question of state law. (Docket No. 69 and 69-1.) The
parties were afforded due opportunity according to statute and the Federal Rules of Civil
Procedure to file objections. No party has filed an objection. The court, having considered the
Magistrate Judge’s Report and being duly advised, now approves and adopts the Magistrate
Judge’s Report and Recommendation. The plaintiffs’ motion (Dkt. 69) is therefore GRANTED
as provided in the Report and Recommendation and this order.
Accordingly, under Indiana Rule of Appellate Procedure 64(A), this court hereby
certifies the following issue of state law to the Indiana Supreme Court:
Whether a political unit may reorganize into a city under Ind. Code art. 36-1.5
(the “Reorganization Act”) in a manner that eliminates voting rights recognized
under Ind. Code § 36-4-5-2 and Ind. Code § 36-4-6-3(i), including reorganization

as a city with (1) a council elected entirely at large, and (2) a mayor appointed by
that council.
As provided by Indiana Rule of Appellate Procedure 64(B), the Clerk of this
Court shall transmit the following items to the Clerk of the Indiana Supreme Court:
1. A copy of this Adoption of Report and Recommendation and Certification of
Question to Indiana Supreme Court;
2. A copy of the case docket;
3. A copy of the Report and Recommendation on Plaintiffs’ Motion to Reopen
and to Certify Question of State Law to the Indiana Supreme Court; and
4. A copy of this court’s Entry on Defendants’ Motion to Dismiss and
Alternative Motion to Set a Bond on Plaintiffs’ State Claims.
So ORDERED.
Dated: 12/06/2011

________________________
Hon. Tanya Walton Pratt, Judge
United States District Court
Southern District of Indiana

Distribution:
Sara R. Blevins
LEWIS & KAPPES
[e-mail]
Mark Jason Crandley
BARNES & THORNBURG LLP
[e-mail]
Steven Walter Griesemer
LEWIS & KAPPES
[e-mail]

Kirk A. Horn
MANDEL HORN MCGRATH & REYNOLDS, P.C.
[e-mail]
Gary P. Price
LEWIS & KAPPES
[e-mail]

2