GAMMON v. CITY OF INDIANAPOLIS

S.D. Indiana

GAMMON v. CITY OF INDIANAPOLIS

DecidedApril 7, 2025

Docket1:23-cv-01413

StatusUnknown

This text of GAMMON v. CITY OF INDIANAPOLIS (GAMMON v. CITY OF INDIANAPOLIS) is published on Counsel Stack Legal Research, covering District Court, S.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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GAMMON v. CITY OF INDIANAPOLIS, (S.D. Ind. 2025).

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION MICHELLE GAMMON, ) ) Plaintiff, ) ) v. ) No. 1:23-cv-01413-JPH-MJD ) CITY OF INDIANAPOLIS, ) KENNETH PIERCE, ) ) Defendants. ) ORDER DISMISSING REMAINING STATE-LAW CLAIM AND DIRECTING ENTRY OF FINAL JUDGMENT On March 4, 2025, the Court granted Defendants’ motion for summary judgment as to Plaintiff Michelle Gammon's § 1983 claims against them. Dkt. 65 at 20. The Court gave the parties until April 4, 2025 to show cause why the Court should not relinquish jurisdiction over Ms. Gammon's state-law claim against Officer Pierce. Id. The Court informed the parties that if they did not respond by that show-cause deadline, the state-law claim would be dismissed without prejudice. Id. The deadline to respond has now passed, and no parties have responded. Accordingly, Ms. Gammon's state-law claim against Officer Pierce is dismissed without prejudice. Final judgment shall issue by separate entry.! SO ORDERED. Date: 4/7/2025 Pak ra + ate: 4/7/ James Patrick Hanlon United States District Judge Southern District of Indiana

1 The notice of appeal filed by Ms. Gammon on March 31 does not prevent this Court from entering final judgment. Because this notice of appeal was premature, the Court "act[s] within its jurisdiction by patching up the judgment to allow appellate review." Wis. Mut. Ins. Co. v. United States. 441 F.3d 502. 505 (7th Cir. 2006).

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION MICHELLE GAMMON, ) ) Plaintiff, ) ) v. ) No. 1:23-cv-01413-JPH-MJD ) CITY OF INDIANAPOLIS, ) KENNETH PIERCE, ) ) Defendants. ) ORDER DISMISSING REMAINING STATE-LAW CLAIM AND DIRECTING ENTRY OF FINAL JUDGMENT On March 4, 2025, the Court granted Defendants’ motion for summary judgment as to Plaintiff Michelle Gammon's § 1983 claims against them. Dkt. 65 at 20. The Court gave the parties until April 4, 2025 to show cause why the Court should not relinquish jurisdiction over Ms. Gammon's state-law claim against Officer Pierce. Id. The Court informed the parties that if they did not respond by that show-cause deadline, the state-law claim would be dismissed without prejudice. Id. The deadline to respond has now passed, and no parties have responded. Accordingly, Ms. Gammon's state-law claim against Officer Pierce is dismissed without prejudice. Final judgment shall issue by separate entry.! SO ORDERED. Date: 4/7/2025 Pak ra + ate: 4/7/ James Patrick Hanlon United States District Judge Southern District of Indiana

1 The notice of appeal filed by Ms. Gammon on March 31 does not prevent this Court from entering final judgment. Because this notice of appeal was premature, the Court "act[s] within its jurisdiction by patching up the judgment to allow appellate review." Wis. Mut. Ins. Co. v. United States. 441 F.3d 502. 505 (7th Cir. 2006).

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