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COA affirms the voiding of $500,000 default judgment against American Legion post

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indianalawyer

Jennifer Nelson

for www.theindianalawyer.com

A Marion Superior court correctly set aside default judgment against an American Legion post after finding the method employed to serve process on the organization was not the best way to inform it of a woman’s lawsuit, the Indiana Court of Appeals ruled.

Mary L. Anderson slipped and fell on property owned by the Wayne Post 64, American Legion Corp. in June 2010. She sued and received a default judgment of $500,000 in 2012 when the American Legion failed to appear or respond to the complaint.

American Legion moved to set aside the default judgment, arguing it was void because Anderson had not served her complaint on it, so the court did not acquire personal jurisdiction over the organization.

Anderson had a Marion County Sheriff’s deputy leave a copy of the complaint and summons at 601 S. Holt Road, the registered address of Robert Eakins, the registered agent for the organization. But the deputy left the copy at the door of an outbuilding to the post instead of at the main building. Ken Cooper, the current registered agent for the American Legion, testified that the location of the door would make it difficult for someone to notice anything left there, and that it could have easily been blown away.

The sheriff’s deputy also mailed a copy of the complaint and summons by first class mail to the address.

Marion Superior Judge Heather Welch overturned the default judgment finding it void because of insufficient service of process. The Court of Appeals agreed.

“There is no question that Anderson failed to serve the American Legion in a manner authorized by our Trial Rules,” Judge Edward Najam wrote in Mary L. Anderson v. Wayne Post 64, American Legion Corp., 49A05-1309-CT-442. He noted that the copy of the summons and complaint should have been mailed by registered or certified mail, which requires acknowledgement of receipt, as outlined in Rule 4.1(A)(1). In addition, the sheriff’s deputy did not serve Eakins personally as required under Rule 4.1(A)(2).

The judges rejected Anderson’s claim that her attempt to serve process was still adequate. The deputy did not leave the summons and complaint in a place or with a person reasonably calculated to apprise the American Legion of her lawsuit against it, let alone employ a method that was better calculated to give notice than the methods authorized by the Trial Rules, Najam wrote.

Evansville Police Reports Policy Change Concerning Victims Privacy

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EPD PATCH 2012 As most of you have noticed, the recent media reports have not included the names of the victims or the incident locations. The change was made after several victims voiced concerns about their privacy. Their concern was their info being made available to the suspect or associates of the suspect. We felt their concerns were legitimate enough to warrant the change. After the changes were made, we realized the impact it was having on keeping the community informed about events in their neighborhoods. While we do not want to ignore the concerns of crime victims, we feel that the public is better served by having access to the information that we had traditionally sent out. Because of that, we will be returning to our original format.

There will still be certain information redacted as there always has been. Those cases include death investigation victims, sexual based offense victims, juvenile victims, and individuals involved crisis intervention incidents. The information made available when you request a report will remain the same.
I have included an updated report for today

Sgt. Jason Cullum

Media Report 2 27 2014 to 2 28 2014

The Day of Reckoning for the Earthcare Energy LLC Loan is Here

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Evansville Mayor Lloyd Winnecke
Evansville Mayor Lloyd Winnecke

Two years ago Mayor Winnecke smiled and announced that the City of Evansville was going into business with Earthcare Energy LLC and would be providing financing in the amount of $5.0 Million to make that happen. Earthcare committed to create 120 jobs in Evansville and pay energy royalties back to the City.

After the City Council approved a $4.8 Million loan to Earthcare by a 5 – 4 controversial vote it was discovered that the City of Evansville had sneaked a $200,000 loan to Earthcare Energy through a little known loan committee. That loan is now due, the deal is off, and not one single job was created. The day of reckoning is upon the Civic Center doorstep. What can we expect next? Here are the options:

1. Get on with the collection of the money by whatever means is necessary.

2. Just forgive the loan and save us the expensive court battle to collect as the claims of the City for breach of contract will be difficult to prove.

3. Do nothing and hope this goes away and people just forget about it.

4. Enter into an extension agreement to delay the DAY OF RECKONING for someone else to deal with.

Of all of the choices #4 is the most cowardly but may well be the most likely given the past performance of the powers that be.

The following link is to the loan agreement that is now due in full. According to our sources the outstanding balance is $186,000.

Earthcare Loan Agreement

VANDERBURGH COUNTY FELONY CHARGES

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nick herman

Below is a list of felony cases that were filed by the Vanderburgh County Prosecutor’s Office on Thursday, February 27, 2014.

 

Rachel Collins              Possession of Methamphetamine- Class D Felony

Possession of Schedule IV Controlled Substance – Class D Felony

 

For further information on the cases listed above, or any pending case, please contact Kyle Phernetton at 812.435.5688 or via e-mail at KPhernetton@vanderburghgov.org

 

Under Indiana law, all criminal defendants are considered to be innocent until proven guilty by a court of law.

 

EPD Activity Report:

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EPD PATCH 2012

 

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EPD Activity Report: February 28, 2014

Youth First! Visits the Statehouse

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Ron Bacon

 

Last week, I had the opportunity to visit with Youth First! as they visited the Statehouse to provide an update to Indiana’s southwest delegation.

 

Youth First! is a 501 (c) 3 organization in Evansville which aims to strengthen youth and families and maximize student success through the prevention of substance abuse and the promotion of healthy lifestyles.

 

Their main areas of concern include depression, anxiety, anger, substance abuse, peer conflicts, home and family conflicts as well as divorce and/or grief adjustment. Over the last year, through their social work programs and services, Youth First! has achieved improved parent/child bonding, peer resistance, coping skills and decision making skills.

 

While here, they presented us with their annual impact statement for the 2012-2013 school year. While they currently serve Vanderburgh, Warrick, Gibson and Posey counties, they reported that 58 percent of schools still need service, and 54 percent of students still need access to Youth First!’s social work programs.

 

To illustrate just how much of an impact they are having on our communities, Youth First! reports 11 life-saving interventions each week. In one year, that equates to 572 potential lives saved!

 

Their primary reason for coming to the Statehouse, however, was to announce that they had received a $500,000 grant, and as a result, they would be hiring four new full-time social workers and providing services at eight schools, bringing their total to 34 master’s level social workers serving at least 47 schools in at least five counties in southwest Indiana.

 

They will also be providing 60 evidence-based programs at up to 20 schools. These programs focus on youth safety and measure their success based on individual student concerns, school adjustment, problem behaviors, risk and protective factors such as communication and coping skills, as well as the percentage of students who graduate and are promoted to the next level. In six months, the organization will report back to us on their progress.

 

If there is one thing I have learned during my time in the legislature, it is the vulnerability of our youth. I believe that protecting our youth and preserving their childhood is an important challenge that we face. Sometimes, however, there isn’t necessarily a legislative fix. The legislature alone cannot teach a strong work ethic, a positive attitude, commitment to self-improvement or the ability to overcome adversity.

 

That is why it is so important to have organizations like Youth First! who are committed to improving our communities and serving as champions of our youth. It was a pleasure to have them at the Statehouse last week, and I look forward to hearing their future successes.

 

Commentary: Statehouse social media

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By Abdul Hakim-Shabazz
IndyPoltics.Org

A week or so ago, Republican State Sen. Mike Delph of Carmel talked about his “tweet heard around the world.”  He sent out a Twitter

Abdul Hakim-Shabazz is an attorney and the editor and publisher of IndyPoltics.Org.

Abdul Hakim-Shabazz is an attorney and the editor and publisher of IndyPoltics.Org.

message that there were not enough votes in the Senate caucus to restore the second sentence banning civil unions into HJR-3, the marriage amendment. Delph had broken the cardinal rule that what is said in Senate caucus stays there. A couple Commentary button in JPG - no shadowhundred twitter posts and a few days later Delph found himself stripped of Senate leadership position, no press secretary and stuck on the far side of the chamber surrounded by Democrats.

More recently in the Statehouse an amendment was added to a bill that would have allowed state contractors to discriminate based on religion.  No one would have noticed anything until it broke out on social media.  Within 24 hours the bill was sent back to committee and the amendment was removed.

And there’s no need to go back to the 2012 U.S. Senate race and the infamous “rape” comment which spread like wildfire, mostly due to Twitter and Facebook.

So what am I getting at?

Social media aren’t just for posting pictures of your kid’s soccer or basketball game.  You can do a lot more on Twitter than tell everyone you’re standing in line to see the new Lego movie.  (Which I did tweet was “totally awesome” after I saw it.)  Facebook, Twitter, Instagram, You Tube, blogs, you name it.  What once seemed like the sole purview of teenagers and 20-somethings to waste valuable time talking about absolutely nothing has become a very valuable asset in the world of politics and if you don’t know how to use it, you lose it.

For example, during the debate over House Joint Resolution 3, there was a group called “Young Hoosiers for Marriage” who supported traditional marriage.  About 100 of them held a rally at the statehouse showing their support for the amendment and wanting lawmakers to restore the second sentence. What they didn’t do was made sure they owned the internet domain name “Young Hoosiers for Marriage” because when you typed it in on the web, it took you straight to Freedom Indiana’s web page. Freedom Indiana was the group opposing HJR 3.  And to add insult to injury, with 10 minutes after “Young Hoosiers for Marriage” was announced there was a Facebook all set up by opponents of HJR 3 saying what a bad idea the second sentence was.   You may not like, but you have to respect it.

As I said, social media can be a very powerful tool which can easily make or break a candidate or an issue.  A political career can easily come to an end if you catch the right candidate doing the wrong thing at the right time.  Smart political operations not only master the art of social media by knowing how to properly get out information, but they also know how to monitor it.  And if you are smart and monitoring, or to use a technical term “following,”  a reporter’s Twitter account many times you can figure out where the reporters’s going with a particular story and know how to either do damage control or enhance your own political profile.

As the old saying goes, “politics ain’t no bean bag” and social media has made it a lot more fun and a lot more complicated.  By the way, you can follow me on Twitter at either AttyAbdul or IndyPoliticsOrg.   You’ll be doing yourself a big favor. Trust me on that one.

Abdul is an attorney and the editor and publisher of IndyPoltics.Org. He is also a frequent contributor to numerous Indiana media outlets. He can be reached at abdul@indypolitics.org.

House passes bill to ban Common Core

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By Erika Brock
TheStatehouseFile.com

INDIANAPOLIS – A bill to ban state education officials from using the controversial Common Core standards and replace them with Indiana-based curriculum rules passed the House with bipartisan support on Thursday.

But the legislation no longer appears terribly relevant. The State Board of Education is already working on new standards that are in some parts similar to the Common Core but diverging in other areas.

“It is the right thing to do for Indiana,” said the bill’s sponsor, Rep. Jeff Thompson, R-Lizton. “It sets up the guidelines needed to move forward.”

The bill requires new “college and career readiness standards” to be ready for the 2014-2015 school year. It also defines college and career readiness as standards that provide high school graduates with the “requisite knowledge and skill to transition without remediation to postsecondary education or training and ultimately into a sustainable career.”

However, the bill doesn’t require testing on the new standards right away. That would be implemented the following year.

Democratic Rep. Kreg Battles, a teacher in Vincennes, said the bill is “setting kids up for failure” because it doesn’t include a pilot program to try out the standards and testing program.

“If you know anything about testing you do not give a test unless it has been piloted first,” Battles said. He had offered an amendment on Wednesday that would have added a pilot program to the bill but it was shot down.

Rep. Vernon Smith, D-Gary, said that the reason for the pilot would have been to insure that the teachers will not be “teaching one thing and testing another.”

But Thompson said, “Nothing at all in this bill I can find that does not allow a department to do pilot testing.”

Last year, lawmakers passed legislation to pause the implementation of Common Core, which is a set of standards originally written by officials from several states but adopted by the administration of President Barack Obama. Last year’s bill also called for lawmakers and state education officials to reconsider the State Board of Education’s adoption of the standards.

Now, the board is holding public hearings on a different set of standards, which members want to implement by the next school year.

Erika Brock is a reporter for TheStatehouseFile.com, a news website powered by Franklin College journalism students.

 

VANDERBURGH COUNTY RECENT BOOKING RECORDS

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DARYL COOPER JEFFERSON
Race: Black / Sex: Male / Age: 60
Residence: 100 OSSI ST EVANSVILLE , IN
Booked: 3/1/2014 5:31:00 AM
CHARGE BOND AMT
TRESPASS [AM] 100
Total Bond Amount: $100
MELINDA JO FINE
Race: White / Sex: Female / Age: 39
Residence: 1310 CASS AVE EVANSVILLE , IN
Booked: 3/1/2014 4:54:00 AM
CHARGE BOND AMT
OMVWI [CM] 0
Total Bond Amount: NO BOND
JESSIE IVY AUTRY
Race: White / Sex: Female / Age: 22
Residence: 4696 SPRING VALLEY RD EVANSVILLE , IN
Booked: 3/1/2014 4:09:00 AM
CHARGE BOND AMT
DISORDERLY CONDUCT [BM] 50
Total Bond Amount: $50
STEVEN ANDREW WALLACE
Race: Black / Sex: Male / Age: 24
Residence: 2825 MEADOWLARK LN HENDERSON, KY
Booked: 3/1/2014 3:08:00 AM
CHARGE BOND AMT
DISORDERLY CONDUCT [BM] 100
RESIST LAW ENFORCEMENT [AM] 200
ALC-PUBLIC INTOX [BM] 100
Total Bond Amount: $400
DANIEL WAYNE HOBGOOD
Race: White / Sex: Male / Age: 52
Residence: 2228 CHAMPIONSHIP DR EVANSVILLE , IN
Booked: 3/1/2014 2:49:00 AM
CHARGE BOND AMT
OMVWI [AM] 0
OMVWI-B A C .08 <1.5 [CM] 0
Total Bond Amount: NO BOND
JOHN MICHAEL SCALES
Race: White / Sex: Male / Age: 27
Residence: 854 E RIVERSIDE DR EVANSVILLE, IN
Booked: 3/1/2014 2:41:00 AM
CHARGE BOND AMT
RESIST LAW ENFORCEMENT [AM] 100
Total Bond Amount: $100
DONALD ALAN MURFIN
Race: White / Sex: Male / Age: 54
Residence: 801 N FOURTH AVE EVANSVILLE, IN
Booked: 3/1/2014 2:30:00 AM
CHARGE BOND AMT
WRIT OF ATTACHMENT 500
WRIT OF ATTACHMENT 500
WRIT OF ATTACHMENT 200
Total Bond Amount: $1200
TONYA LEE YORK
Race: White / Sex: Female / Age: 25
Residence: 4332 SPRING VALLEY RD EVANSVILLE , IN
Booked: 3/1/2014 2:18:00 AM
CHARGE BOND AMT
ALC-PUBLIC INTOX [BM] 50
DISORDERLY CONDUCT [BM] 50
RESIST LAW ENFORCEMENT [AM] 100
Total Bond Amount: $200
DALARRIUS TYQUON JACKSON
Race: Black / Sex: Male / Age: 20
Residence: 421 S LYNWOOD EVANSVILLE , IN
Booked: 3/1/2014 2:12:00 AM
CHARGE BOND AMT
WEAPON-CARRY FELON OR PRIOR [CF] 0
NARC-POSS MARIJUANA, HASH OIL, HASHISH, < 30 G [AM] 100
Total Bond Amount: NO BOND
DUSTIN FRANKLIN HENTON
Race: White / Sex: Male / Age: 25
Residence: 4225 POPLAR LOG BRIDGE RD PHILPOT, KY
Booked: 3/1/2014 1:48:00 AM
CHARGE BOND AMT
OMVWI-PRIOR OR PASSENGER <18 IN VEH [DF] 0
OMVWI-B A C .08 <1.5 [CM] 0
Total Bond Amount: NO BOND
WILLIAM SERRELL YECKERING
Race: White / Sex: Male / Age: 26
Residence: 501 GREYSTONE DR OWENSBORO, KY
Booked: 3/1/2014 1:31:00 AM
Released
CHARGE BOND AMT
FAILURE TO APPEAR-ORIGINAL CHARGE MISD 0
Total Bond Amount: $0
CHRISTOPHER NICHOLAS SMITH
Race: White / Sex: Male / Age: 33
Residence: 2108 W DELAWARE ST EVANSVILLE, IN
Booked: 3/1/2014 12:57:00 AM
CHARGE BOND AMT
FAILURE TO APPEAR-ORIGINAL CHARGE MISD 250
TRAFFIC-ACCIDENT HIT & RUN /ATT/PROP [CM] 50
TRAFFIC-OPERATE W/O EVER RECEIVING LIC 100
Total Bond Amount: $400
DEREK DESHEA JOHNSON
Race: Black / Sex: Male / Age: 21
Residence: 1943 JOYCE AVE EVANSVILLE, IN
Booked: 3/1/2014 12:42:00 AM
CHARGE BOND AMT
VCCC FILED PTR 0
Total Bond Amount: NO BOND
JON MATTHEW WIRAM
Race: White / Sex: Male / Age: 48
Residence: 4522 EMMA DR EVANSVILLE , IN
Booked: 3/1/2014 12:30:00 AM
CHARGE BOND AMT
BATTERY-HFF DOMESTIC [AM] 500
INTIMIDATION [DF] 0
Total Bond Amount: NO BOND
BRETT JOE FUSSNER
Race: White / Sex: Male / Age: 49
Residence: 100 OSSI ST EVANSVILLE , IN
Booked: 2/28/2014 10:16:00 PM
CHARGE BOND AMT
FAILURE TO APPEAR-ORIGINAL CHARGE FELONY 0
Total Bond Amount: NO BOND
JONATHON ZACHARY STUTSMAN
Race: White / Sex: Male / Age: 31
Residence: 624 TREE LANE DR NEWBURGH, IN
Booked: 2/28/2014 8:56:00 PM
CHARGE BOND AMT
FAILURE TO APPEAR-ORIGINAL CHARGE MISD 500
FAILURE TO APPEAR-ORIGINAL CHARGE FELONY 2500
FAILURE TO APPEAR-ORIGINAL CHARGE FELONY 2500
Total Bond Amount: $5500
SETH WAYNE ANDE
Race: White / Sex: Male / Age: 24
Residence: 1128 W MISSOURI ST EVANSVILLE , IN
Booked: 2/28/2014 8:30:00 PM
CHARGE BOND AMT
VCCC FILED PTR 0
Total Bond Amount: NO BOND
PHILLIP RAY RICE
Race: White / Sex: Male / Age: 28
Residence: 5101 HW 66 POSEYVILLE, IN
Booked: 2/28/2014 7:44:00 PM
CHARGE BOND AMT
THEFT-SHOPLIFTING THEFT OTHER <200 [DF] 0
Total Bond Amount: NO BOND
VALERIE RENEE NELSON
Race: Black / Sex: Female / Age: 45
Residence: 507 S LINWOOD AVE EVANSVILLE, IN
Booked: 2/28/2014 6:20:00 PM
CHARGE BOND AMT
BATTERY-HFF DOMESTIC [AM] 500
Total Bond Amount: $500
ASA JAHMAL JONES
Race: Black / Sex: Male / Age: 33
Residence: 1424 E SYCAMORE ST EVANSVILLE, IN
Booked: 2/28/2014 5:33:00 PM
CHARGE BOND AMT
OMVWI [AM] 0
OMVWI-B A C .15% OR MORE [AM] 0
Total Bond Amount: NO BOND
BRIAN KEVIN RAUSCH
Race: White / Sex: Male / Age: 37
Residence: 308 SHERIDAN RD EVANSVILLE , IN
Booked: 2/28/2014 5:13:00 PM
Released
CHARGE BOND AMT
WRIT OF ATTACHMENT 0
Total Bond Amount: $0
REBECCA LYNN BEASLEY
Race: White / Sex: Female / Age: 36
Residence: 3632 BRICKYARD CT EVANSVILLE, IN
Booked: 2/28/2014 5:10:00 PM
Released
CHARGE BOND AMT
FAILURE TO APPEAR-ORIGINAL CHARGE MISD 250
Total Bond Amount: $250
ERIC LEE RICKARD
Race: White / Sex: Male / Age: 56
Residence: 1000 FULTON PKWY EVANSVILLE , IN
Booked: 2/28/2014 4:19:00 PM
CHARGE BOND AMT
NARC-POSS SCH I,II,III,IV [DF] 0
ALC-PUBLIC INTOX [BM] 50
Total Bond Amount: NO BOND
BRYAN EDWARD WILEY
Race: Black / Sex: Male / Age: 28
Residence: 1808 PLANTATION CT EVANSVILLE , IN
Booked: 2/28/2014 3:15:00 PM
CHARGE BOND AMT
COURT ORDERED CONFINEMENT 0
Total Bond Amount: $0
CHRISTOPHER MICHAEL DUBOIS
Race: White / Sex: Male / Age: 30
Residence: 100 OSSI ST EVANSVILLE , IN
Booked: 2/28/2014 2:57:00 PM
CHARGE BOND AMT
FAILURE TO APPEAR-ORIGINAL CHARGE FELONY 5000
Total Bond Amount: $5000
KOREY DAMYKO CATLETT
Race: Black / Sex: Male / Age: 21
Residence: 822 S GOVERNOR ST EVANSVILLE , IN
Booked: 2/28/2014 2:53:00 PM
CHARGE BOND AMT
ROBBERY-ARMED W/ FIREARM [BF] 2000
Total Bond Amount: $2000
WILLIAM JOSEPH SEYMOUR
Race: White / Sex: Male / Age: 27
Residence: 731 E OREGON ST EVANSVILLE, IN
Booked: 2/28/2014 2:49:00 PM
CHARGE BOND AMT
OTHER AGENCIES CHARGES 0
Total Bond Amount: NO BOND
RANDY RAY HAPPE
Race: White / Sex: Male / Age: 53
Residence: 2215 W COLUMBIA ST EVANSVILLE , IN
Booked: 2/28/2014 2:32:00 PM
CHARGE BOND AMT
NARC-DEALING METHAMPHETAMINE [AF] 2500
Total Bond Amount: $2500
DARRYL ANTHONY SMITH
Race: Black / Sex: Male / Age: 43
Residence: 2614 ZION RD HENDERSON, KY
Booked: 2/28/2014 2:25:00 PM
CHARGE BOND AMT
CONTEMPT OF COURT-VIOL COURT ORDER 0
Total Bond Amount: NO BOND
MELISSA JEAN MORTIS
Race: White / Sex: Female / Age: 41
Residence: 1104 S LINWOOD AVE EVANSVILLE , IN
Booked: 2/28/2014 2:13:00 PM
Released
CHARGE BOND AMT
FAILURE TO APPEAR-ORIGINAL CHARGE MISD 0
WRIT OF ATTACHMENT 0
Total Bond Amount: $0
TRAVIS SENTRILL SMITH
Race: Black / Sex: Male / Age: 27
Residence: 1602 MARSHALL EVANSVILLE , IN
Booked: 2/28/2014 1:14:00 PM
CHARGE BOND AMT
BATTERY-SIMPLE ASSAULT [BM] 50
INVASION OF PRIVACY [AM] 500
Total Bond Amount: $550
RICHARD CORNELL KAUTZMAN
Race: White / Sex: Male / Age: 26
Residence: 1313 N FULTON AVE EVANSVILLE , IN
Booked: 2/28/2014 12:58:00 PM
Released
CHARGE BOND AMT
FAILURE TO APPEAR-ORIGINAL CHARGE MISD 200
Total Bond Amount: $200
ASHLEY LYNN MCCLEAVE
Race: White / Sex: Female / Age: 25
Residence: 910 N FIRST AVE EVANSVILLE, IN
Booked: 2/28/2014 12:53:00 PM
CHARGE BOND AMT
PETITION TO REVOKE PROBATION 0
Total Bond Amount: NO BOND
CARL EDWARD CULBERTSON
Race: White / Sex: Male / Age: 32
Residence: 1817 OLD BUSINESS 41 EVANSVILLE , IN
Booked: 2/28/2014 11:13:00 AM
Released
CHARGE BOND AMT
BATTERY-LAW ENF INJ/HFF [DF] 500
RESIST LAW ENFORCEMENT [AM] 0
Total Bond Amount: $500
VICTOR LOUIS MURRAY
Race: White / Sex: Male / Age: 38
Residence: 1120 W MISSOURI ST EVANSVILLE , IN
Booked: 2/28/2014 10:13:00 AM
CHARGE BOND AMT
PETITION TO REVOKE PROBATION 0
Total Bond Amount: NO BOND
GREGORY LANE STOKES
Race: White / Sex: Male / Age: 25
Residence: 1501 E INDIANA ST EVANSVILLE , IN
Booked: 2/28/2014 8:35:00 AM
CHARGE BOND AMT
COURT ORDERED CONFINEMENT 0
Total Bond Amount: $0
CHARLES WAYNE MITZ
Race: White / Sex: Male / Age: 32
Residence: 1706 CONLIN AVE EVANSVILLE , IN
Booked: 2/28/2014 7:44:00 AM
CHARGE BOND AMT
COURT ORDERED CONFINEMENT 0
Total Bond Amount: $0

Mom and pop store can’t proceed pro se in Coach trademark lawsuit

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The owners of a southern Indiana general store accused in a federal lawsuit of selling knockoff high-end Coach-brand products may not represent pro se their incorporated general store named in the suit.

New York-based Coach Inc. sued Dyer’s General Store and Outlet in Worthington, also naming its owners, Kimberly and David Dyer. The suit, filed three months ago, claims an investigator hired by Coach purchased a counterfeit wristlet bearing a Coach trademark at the store and observed handbags and accessories that “had trademarks for high-end brands including, but not limited to, Coach.”

The suit seeks damages and fees for alleged Lanham Act violations including trademark counterfeiting, trademark infringement and false advertising; common law trademark infringement, unfair competition, forgery, counterfeiting and unjust enrichment.

“Coach is suffering irreparable injury, has suffered substantial damages as a result of Defendants’ activities,” the suit alleges. The case in the District Court for the Southern District of Indiana, Terre Haute Division, is Coach, Inc. and Coach Services, Inc. v. Dyer’s General Store and Outlet, Kimberly Dyer, and David L. Dyer, 2:13-cv-0411.

David Dyer filed a pro se response in which he said Dyer’s doesn’t deny the allegations but believed the products it bought and sold were “designer inspired” and that the store has since removed the items and worked with Coach “with the desire to resolve all concerns with promptness and diligence.”

But District Judge Jane Magnus-Stinson on Tuesday ordered the corporate entity to appear by counsel and file an answer to Coach’s complaint by March 13.

“The Court notes that corporations cannot appear pro se, but must appear through an attorney,” she wrote, citing Nocula v. UGS Corp., 520 F.3d 719, 725 (7th Cir. 2008). The Dyers may represent themselves, but “Dyer’s General cannot represent itself and the Dyers cannot represent Dyer’s General either.”

Dyer’s is the latest Indiana retailer sued in federal court as Coach pursues an aggressive defense of its intellectual property, asserting in the suit that its marks “are widely recognized and exclusively associated by consumers, the public and the trade as being high quality products sourced from Coach, and have acquired a strong secondary meaning.”

Since 2009, Coach has filed at least 21 lawsuits against retailers in Indiana federal courts. Just two, including the suit against Dyer’s, remain open.