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Holland v. City of Gary

United States District Court, N.D. Indiana, Hammond Division

March 8, 2017

ROBERT HOLLAND, Plaintiff,
v.
THE CITY OF GARY, et al., Defendants.

          OPINION AND ORDER

          PAUL R. CHERRY MAGISTRATE JUDGE

         This matter is before the Court on a Motion to Vacate Final Judgment [DE 381], filed by Plaintiff Robert Holland on April 26, 2016, a Request for Sanctions Against Defendants for Their Obdurate Behavior During the Litigation [DE 386], filed by Plaintiff on May 19, 2016, a Notice to Judge DeGuilio [DE 387], filed by Plaintiff on May 20, 2016, a Verified Motion for Sanctions, Attorney's Fees, Costs and Expenses Due to the Defendants' Obdurate Behavior in Litigation [DE 389] filed by Plaintiff on May 31, 2016, and a Verified Request for Final Judgment on the Merits [DE 390], filed by Plaintiff on May 31, 2016.

         PROCEDURAL HISTORY

         Plaintiff, proceeding in this matter pro se, filed his Complaint in this Court on November 15, 2010. The Complaint includes two counts of police misconduct alleged against seven defendants, including municipal entities and officers in their official capacities. The Court will refer to the City of Gary, then-Mayor Rudy Clay, City of Gary Chief of Police, Johnny Gill, and Officer Tremell Williams as the “Gary Defendants” and to the Lake County Board of Commissioners, then-Lake County Sheriff Roy Dominguez, and the Lake County Jail Warden as the “Lake County Defendants.”

         On December 27, 2011, the Court entered an Order granting in part a Motion for Summary Judgment filed by the Gary Defendants, leaving only two claims pending against the Gary Defendants: abuse of process and intentional infliction of emotional distress. On December 6, 2012, the Court entered an Order granting a second Motion for Summary Judgment filed by the Gary Defendants, leaving the Lake County Defendants as the only remaining defendants in the case.

         On January 8, 2013, the Court granted two Motions for Summary Judgment filed by the Lake County Defendants, and denied Plaintiff's Motion for Summary Judgment.

         On January 7, 2013, Plaintiff filed a Motion to Correct Errors and to Set Aside the Orders of December 27, 2011 and December 6, 2012, requesting reconsideration of the Court's Orders granting summary judgment to the Gary Defendants, and on February 4, 2013, Plaintiff filed a Motion to Correct Errors and to Set Aside the Orders of December 27, 2011, December 6, 2012 and January 8, 2013.

         On February 6, 2013, Plaintiff filed a Notice of Appeal indicating that he was appealing this Court's grants of Defendants' Motions for Summary Judgment to the Seventh Circuit Court of Appeals. On March 5, 2013, the Court issued an Opinion and Order denying Plaintiff's requests for reconsideration. Plaintiff then asked the Court to reconsider its decision not to reconsider its grant of summary judgment, which this Court denied on April 23, 2013.

         The Seventh Circuit Court of Appeals affirmed this Court's grant of summary judgment on October 2, 2013. Not to be deterred, Plaintiff then filed a Motion to Set Aside on October 29, 2013, seeking relief under Federal Rule of Civil Procedure 60. The Court denied that motion on April 24, 2014.

         On May 5, 2014, Plaintiff filed a Motion for De Novo Review of the case by an Article III Judge, in which Plaintiff argued that there had not been consent to magistrate judge jurisdiction by all parties in this case. The Court denied that motion on June 6, 2014.

         On April 26, 2016, Plaintiff filed the instant Motion to Vacate the Final Judgment [DE 381]. The Lake County Defendants and Gary Defendants filed responses [DE 384 and 385, respectively] on May 12, 2016. Plaintiff did not file a reply, and the time in which to do so has passed.

         On May 19, 2016, Plaintiff filed a Motion for Sanctions [DE 386], and on May 31, 2016, Plaintiff filed a Verified Motion for Sanctions [DE 389]. The Gary Defendants filed a response [DE 392] to the Motion for Sanctions on June 1, 2016, and a response [DE 400] to the Verified Motion for Sanctions on June 10, 2016. The Lake County Defendants filed a response [DE 394] to the Motion for Sanctions on June 3, 2016, and a response [DE 399] to the Verified Motion for Sanctions on June 9, 2016. Plaintiff filed a reply [DE 396] to the Motion for Sanctions on June 8, 2016, and he did not file a reply to the Verified Motion for Sanctions, and his deadline to do so expired.

         On May 20, 2016, Plaintiff filed a document titled “Notice to Judge DeGuilio” [DE 387]. The Gary Defendants filed a response on June 2, 2016 [DE 393], and the Lake County Defendants filed a response on June 3, 2016 [DE 395]. Plaintiff filed a reply [DE 397] on June 8, 2016.

         On May 31, 2016, Plaintiff filed the instant Verified Request for Final Judgment on the Merits [DE 390]. The Lake County Defendants filed a response [DE 398] on June 8, 2016, and the Gary Defendants filed a response [DE 401] on June 13, 2016. Plaintiff did not file a reply before the deadline.

         The parties orally agreed on the record to have this case assigned to a United States Magistrate Judge to conduct all further proceedings and to order the entry of a final judgment in this case. Therefore, this Court has ...


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