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Michael Ryan v. Tci Architects/Engineers/Contractors, Inc., et al.

Appellate Court:

Court of Appeals

Case Number:

49A02-1508-CT-01198

Case Type:

Civil Tort

Related Case(s):

Parties to the Case

Show Party Details

Ryan, Michael; - Appellant

John Patrick Daly

Attorney Number: 11534-49

9450 N. Meridian Street, Suite 250

Indianapolis, IN 46260

317-566-9600


Bmh, Enterprises; - Appellee

Thomas Clyde Hays

Attorney Number: 7614-49

Lewis Wagner Llp

501 Indiana Avenue

Indianapolis, IN 46202

317-237-0500

Lesley Ann Pfleging

Attorney Number: 26857-49

Lewis & Wagner, Llp

501 Indiana Avenue

Indianapolis, IN 46202

317-237-0500

Wandini D.F. Riggins

Attorney Number: 26030-49

Lewis Wagner Llp

501 Indiana Avenue

Indianapolis, IN 46202


Tci Architects/Engineers/Contractors, Inc.; - Appellee

Donald G Orzeske

Attorney Number: 10362-49

50 91St St Ste 104

Indianapolis, IN 46240

317-846-4000

Beth L Riga

Attorney Number: 23719-49

Goodin Orzeske & Blackwell, P.C.

50 East 91St Street

Indianapolis, IN 46240

317-846-4000


Indiana Trial Lawyers Association; - Friend of the Court

Robert Daniel Brown

Attorney Number: 11152-45

Kenneth J. Allen Law Group Llc

1109 Glendale Boulevard

Valparaiso, IN 46383

219-465-6292

Chronological Case Summary Show Documents Only Toggle Capitalization

Date Event Details
6/21/2017

Document Transmitted

6/7/2017

E-Filing Error Notice Issued

Party: Bmh, Enterprises
Party: Hays, Thomas
Party: Pfleging, Lesley
Motion to Withdraw Appearance
6/6/2017

Received Document

Receive Date: 06/06/2017 Motion to Withdraw Appearance by Appellee counsel Lesley Pfleging and Thomas Hays - Case was transferred to the Supreme Court. All filings must be made under cause number 49S02-1704-CT-253
4/26/2017

Case Transferred From Court of Appeals to Supreme Court

Supreme Court No.: 49S02-1704-CT-253
11/10/2016

Notice of Defect Issued

Party: TCI ARCHITECTS/ENGINEERS/CONTRACTORS, INC.
Serve: Brown, Robert
Serve: Daly, John
Serve: Hays, Thomas
Serve: Orzeske, Donald
Serve: Pfleging, Lesley
Serve: Riga, Beth
Serve: Riggins, Wandini
Acknowledgment of Court Order Setting Oral Argumen
11/10/2016

Acknowledgment of Order Setting Oral Argument

Attorney: Brown, Robert
Party: Indiana Trial Lawyers Association
Certificate of Service- Electronically Served 11/10/16
11/9/2016 Order Scheduling Oral Argument

Order - OA

Judicial Officer: Rush, Loretta H.
Serve: Brown, Robert
Serve: Daly, John
Serve: Hays, Thomas
Serve: Orzeske, Donald
Serve: Pfleging, Lesley
Serve: Riga, Beth
Serve: Riggins, Wandini
The Court has determined the above-captioned case merits oral argument. The argument will be conducted in the Courtroom of the Indiana Supreme Court, 317 Statehouse, 200 West Washington Street, Indianapolis, Indiana on: Thursday, December 1, 2016 at 10:30 a.m.
11/9/2016

Document Transmitted

11/8/2016

Acknowledgment of Order Setting Oral Argument

Attorney: Hays, Thomas
Attorney: Pfleging, Lesley
Attorney: Riggins, Wandini
Party: Bmh, Enterprises
Certificate of Service-Mailed and Electronically 11/08/16
11/7/2016

Received Document

Receive Date: 11/07/2016 Acknowledgment of Order Setting Oral Argument - Certificate of service method not acceptable.
11/7/2016

Acknowledgment of Order Setting Oral Argument

Attorney: Daly, John
Party: Ryan, Michael
Certificate of Service- Electronically Served 11/07/16
9/22/2016

Transmitted on Transfer (Supreme Court)

9/20/2016 Brief - Reply in Support of Transfer

Brief - Reply in Support of Transfer - Appellant

Attorney: Daly, John
Party: Ryan, Michael
Certificate of Service- Electronically Served 09/20/16
9/12/2016 Brief - Response to Transfer

Brief - Response to Transfer - Appellee

Attorney: Orzeske, Donald
Attorney: Riga, Beth
Party: TCI ARCHITECTS/ENGINEERS/CONTRACTORS, INC.
Certificate of Service- Electronically Served 09/12/16
9/7/2016 Order Granting Motion to Appear as Amicus Curiae

Order - Amicus

Judicial Officer: Rush, Loretta H.
Party: Indiana Trial Lawyers Association
Serve: Brown, Robert
Serve: Daly, John
Serve: Hays, Thomas
Serve: Orzeske, Donald
Serve: Pfleging, Lesley
Serve: Riga, Beth
Serve: Riggins, Wandini
Being duly advised, Indiana Trial Lawyers Association's Motion to Appear as Amicus Curiae is GRANTED, and the Clerk is directed to file the amicus curiae brief as of the date of this order. Our Appellate Rules do not provide for parties to file separate briefs responding to timely-served amicus curiae briefs; rather, the party may include any response to the amicus curiae brief in the party's brief permitted by Appellate Rule 57(D) (the brief in response to the transfer petition) or (E) (the transfer petitioner's reply brief).
9/7/2016

Document Transmitted

9/7/2016 Brief of Amicus Curiae

Brief - Amicus - ITLA

Attorney: Brown, Robert
Party: Indiana Trial Lawyers Association
Certificate of Service- Electronically Served 08/30/16
8/30/2016

Appearance

Attorney: Brown, Robert
Party: Indiana Trial Lawyers Association
Certificate of Service- Electronically Served 08/30/16
8/30/2016 Motion to Appear as Amicus Curiae

Motion to Appear as Amicus

Attorney: Brown, Robert
Party: Indiana Trial Lawyers Association
Certificate of Service- Electronically Served 08/30/16
8/30/2016 Received Document

Brief - Amicus - ITLA

Receive Date: 08/30/16 Amicus Brief - ITLA - Pending ruling on motion to appear.
8/25/2016 Petition to Transfer

Petition to Transfer - Appellant

Attorney: Daly, John
Party: Ryan, Michael
Certificate of Service- Electronically Served 08/25/16
8/2/2016 Order Denying Petition for Rehearing

order denying rehearing

Judicial Officer: Vaidik, Nancy H.
Party: Ryan, Michael
Serve: Daly, John
Serve: Hays, Thomas
Serve: Orzeske, Donald
Serve: Pfleging, Lesley
Serve: Riga, Beth
Serve: Riggins, Wandini
Having reviewed the matter, the Court finds and orders as follows: Appellant's Petition for Rehearing is denied. Najam, Riley, May, JJ., concur.
8/2/2016

Document Transmitted

8/2/2016

Document Transmitted

8/2/2016

Mail Returned as Undeliverable

Recipient: Wandini D.F. Riggins Reason: Recipient Rejected Name of Document: Order sent by email on 08/02/16 Order resent by U.S. mail on 08/02/16.
7/29/2016

Corrected Entry

Response to Transfer brief entry dated 07/18/16 should indicate that a Response to Petition for Rehearing was filed.
7/18/2016 Brief - Response to Rehearing

Brief - Response to Rehearing

Attorney: Orzeske, Donald
Attorney: Riga, Beth
Party: TCI ARCHITECTS/ENGINEERS/CONTRACTORS, INC.
Certificate of Service-Mailed 07/18/16
7/18/2016

Notice of Defect Cured

Response to Transfer
7/18/2016 Brief - Response to Transfer

Brief - Response to Rehearing

Attorney: Orzeske, Donald
Attorney: Riga, Beth
Party: TCI ARCHITECTS/ENGINEERS/CONTRACTORS, INC.
Certificate of Service-Mailed 07/18/16
7/15/2016

Received Document

Receive Date: 07/15/16 Appellee TCI Architects/Engineers/Contractors, Inc.'s Brief in Response to Appellant's Petition for Rehearing. This is a duplicate copy of what was filed on 07/18/16.
7/13/2016

Notice of Defect Issued

Party: TCI ARCHITECTS/ENGINEERS/CONTRACTORS, INC.
Serve: Orzeske, Donald
Serve: Riga, Beth
Response to Petition for Rehearing
7/13/2016

Document Transmitted

7/11/2016

Received Document

Receive Date: 07/11/16 Brief in Response to Appellant's Petition for Rehearing - All pages of the brief, including the front page, table of contents, and table of authorities must be consecutively numbered beginning with numeral one.
6/21/2016 Petition for Rehearing

Petition for Rehearing - Appellant

Attorney: Daly, John
Party: Ryan, Michael
Certificate of Service-Mailed 06/21/16
5/23/2016 Opinion Issued

Opinion

Serve: Daly, John
Serve: Hays, Thomas
Serve: Orzeske, Donald
Serve: Pfleging, Lesley
Serve: Riga, Beth
Serve: Riggins, Wandini
OPINION Affirmed, May, J. Najam, J., concurs. Riley, J., dissents with separate opinion.
5/23/2016

Document Transmitted

5/23/2016

Document Transmitted

1/26/2016

Acknowledgment of Order Setting Oral Argument

Party: Bmh, Enterprises
Certificate of Service-Mailed 01/26/16
1/20/2016

Acknowledgment of Order Setting Oral Argument

Party: Ryan, Michael
Certificate of Service-Mailed 01/20/16
1/20/2016

Acknowledgment of Order Setting Oral Argument

Party: TCI ARCHITECTS/ENGINEERS/CONTRACTORS, INC.
Document Titled Appellee TCI Architects/Engineers/Contractors, Inc.'s Acknowledgement of Court Order Granting Oral Argument Certificate of Service-Mailed 1/20/16
1/19/2016 Order Granting Motion for Oral Argument

order scheduling oral argument

Judicial Officer: Vaidik, Nancy H.
Party: TCI ARCHITECTS/ENGINEERS/CONTRACTORS, INC.
Serve: Daly, John
Serve: Hays, Thomas
Serve: Orzeske, Donald
Serve: Pfleging, Lesley
Serve: Riga, Beth
Serve: Riggins, Wandini
The Court finds and orders as follows: 1. This case is scheduled for Oral Argument for the following date, time, and place: Tuesday, February 16, 2016 9:45 a.m., (Indianapolis Time) Indiana State Library 315 W. Ohio Street Indianapolis, IN 46204 2. Attorneys who plan to sit at counsel's table should arrive at least fifteen (15) minutes before the scheduled start of the argument. 3. Each side will be allotted twenty (20) minutes for argument. 4. The scheduled panel members are Judges Najam, Riley, and May. 5. The contact person for the Court is Martin DeAgostino (317) 234- 4859. 6. In accordance with Indiana Appellate Rule 52 (C), counsel of record shall file with the Clerk an acknowledgment of this order no later than fifteen (15) days after service of the order. 7. The parties are reminded to comply with Indiana Administrative Rule 9(G) and Indiana Appellate Rule 53(H).
1/19/2016

Document Transmitted

12/7/2015

Case Fully Briefed

Oral Argument Requested: Yes
12/7/2015

Transmitted to Court of Appeals

12/3/2015

Appellant Reply Brief

Party: Ryan, Michael
Certificate of Service-Mailed 12/0315
11/17/2015

Motion for Oral Argument

Party: TCI ARCHITECTS/ENGINEERS/CONTRACTORS, INC.
Certificate of Service-Mailed 11/17/15
11/17/2015

Appellee Brief

Party: TCI ARCHITECTS/ENGINEERS/CONTRACTORS, INC.
Certificate of Service-Mailed 11/17/15 **TCI Architects**
10/20/2015

Appellant Brief and Appendix

Party: Ryan, Michael
Volumes of Appendix: 2 Certificate of Service-Mailed 10/20/15
9/23/2015

Notice of Completion of Clerk's Record

Transcript Not Requested/Not Available Certificate of Service-Mailed 09/23/15
9/15/2015

Appearance

Attorney: Hays, Thomas
Attorney: Pfleging, Lesley
Attorney: Riggins, Wandini
Party: Bmh, Enterprises
Certificate of Service-Mailed 09/15/15
9/4/2015

Appearance

Attorney: Orzeske, Donald
Attorney: Riga, Beth
Party: TCI ARCHITECTS/ENGINEERS/CONTRACTORS, INC.
Certificate of Service-Mailed 09/04/15
8/18/2015

Notice of Appeal Filed

Attorney: Daly, John
Party: Ryan, Michael
Certificate of Service-Method not Specified 08/18/15

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