INSD News

December 29, 2015

Indiana Law: Southern District of Indiana Implements Changes

Changes to Delivery of E-mailed Notices of Electronic Filing (NEFs)

Effective January 4, 2016, the United States District Court for the Southern District of Indiana will implement important new changes in the delivery of e-mailed Notices of Electronic Filing (“NEFs”). The court’s CM/ECF system will begin generating NEFs for both docketed and e-filed events in sealed cases and for sealed entries in non-sealed cases. For more information, click here.

Sealed filings are governed by Local Rule 5-11 and Local Criminal Rule 49.1-2. Attorney e-filers are encouraged to review updates to the court’s ECF Policies and Procedures Manual (Sections 11 and 18), which address changes in service requirements for sealed filings.

February 9, 2015

United States District Court of Southern Indiana Selects New Magistrate

By Overhauser Law Offices, LLC

Indianapolis, Indiana – The Honorable Richard L. Young, Chief Judge of the United States District Court for the Southern District of Indiana, recently announced the selection of New Albany attorney Van T. Willis as part-time United States Magistrate Judge. Mr. Willis’ appointment will be made upon completion of a Federal Bureau of Investigation background check, a process that can take a few months. Once appointed, he will fill the vacancy created by the passing of The Honorable Michael G. Naville, who served the court from November 1995 to September 2014.

As the Magistrate Judge in the New Albany Division of the Southern District of Indiana, Mr. Willis will preside over preliminary criminal proceedings in that division. He will also continue in the private practice of law as a senior partner with the firm of Kightlinger & Gray, LLP. He has been with the firm since 1991, and his primary areas of practice are civil rights, corporate and business law, employment, insurance defense litigation, trademark and copyright infringement, and worker’s compensation. Prior to joining Kightlinger & Gray, from 1989 to 1991, Mr. Willis served as a law clerk to United States District Judge Gene E. Brooks.

Mr. Willis was born and raised in Franklin, Kentucky. He received a business administration degree from the University of Kentucky in 1983, then attended law school there, graduating in 1988. Mr. Willis was admitted to the Kentucky Bar in 1988 and is also admitted to practice before the Indiana Bar; the United States District Court for the Southern District of Indiana, Western District of Kentucky, and Eastern District of Kentucky; and the United States Court of Appeals for the Seventh Circuit. He is a member of the Indiana State Bar Association, Kentucky Bar Association, Floyd County Bar Association, Louisville Bar Association, DRI, and Defense Trial Counsel of Indiana.

August 18, 2014

Southern District of Indiana Seeks Comments on Reappointment of Incumbent Magistrate Judge

By Overhauser Law Offices, LLC

_0007_Craig M. McKee.jpg

Indianapolis, Indiana – The Southern District of Indiana has released a public notice regarding the reappointment of Incumbent Magistrate Judge Craig M. McKee. Magistrate Judge McKee (pictured left) is currently in office at Terre Haute, Indiana, and his current term is set to expire on August 22, 2015.

By law, the Court is required to seek and establish a panel to reconsider the reappointment of Magistrate Judge McKee to a new four-year term. Comments from members of the bar and the public are invited as to the reappointment. All comments should be directed to Laura A. Briggs, Clerk, Attn: Reappointment Panel, United States District Court, 46 East Ohio Street, Room 105, Indianapolis, Indiana 46204 or via email to: localrules@insd.uscourts.gov.

Comments must be received no later than August 29, 2014.

March 10, 2014

Southern District of Indiana to Begin Pilot Program

By Overhauser Law Offices, LLC

Indianapolis, Indiana – The Southern District of Indiana is beginning a pilot program that will allow active hyperlinks to be included within e-filed and court-issued documents. Hyperlinks will allow immediate access by the reader to the referenced materials, i.e., case management and electronic court filing system (“CM/ECF”) filings, case and statute citations, attachments, and exhibits.

During the initial phase of the pilot program, the court will be issuing a limited number of entries and orders containing hyperlinks. The hyperlinks may be page-specific. For instance, an order may contain a hyperlink to a specific page of a specific affidavit, which will be accessible with one click. Access to court-issued documents will continue to be available via the Notice of Electronic Filing (“NEF”) email system.

The next, and most important, phase of the pilot program will involve a small group of attorneys e-filing documents with hyperlinks. When utilized by attorneys, hyperlinks in briefs and other court filings will provide quick, easy, and pinpoint access to particular sections of a case, or to specific filings in the court’s record, adding another level of persuasion to their writing. Hyperlinking will also be a great benefit to the court, allowing members of the judiciary and their staff to quickly and easily review case-supporting materials.

September 30, 2013

Government Shutdown May Soon Affect USPTO and Federal Courts

By Overhauser Law Offices, LLC

Washington, D.C. — The U.S. Patent Office (“USPTO”) and federal courts may be affected by a government shutdown, which will begin tomorrow if Congress does not enact a continuing resolution to fund government operations today.

The federal court system will not be affected immediately. During the first 10 business days of a lapse in appropriations, the judiciary will use available fee and no-year balances to pay judges and court employees, and to maintain court operations. Courts will continue to operate, but court personnel have been instructed to conserve funding as much as possible by delaying or deferring expenses that are not critical to the performance of their constitutional responsibilities.

After the 10-day period, if there is still no appropriation, the judiciary will operate under the terms of the Anti-Deficiency Act, which allows “essential work” to continue during a lapse in appropriations. Among the definitions of “essential work” are powers exercised under the Constitution, which include activities to support the exercise of Article III judicial powers, specifically the resolution of cases.

April 15, 2013

Civil Filing Fee Increase

By Overhauser Law Offices, LLC

Effective May 1, 2013, the civil case filing fee for the United States District Court for the Southern District of Indiana, will increase from $350 to $400, as approved by the Judicial Conference in its March 2013 session. This fee includes cases related patent, trademark, copyright or other intellectual property litigation. The fee increase does not apply to miscellaneous case filings, for which the fee remains $46.

November 23, 2011

Southern District Issues Notice of Amendment to Local Rules

By Overhauser Law Offices, LLC

Indianapolis IN – The United States District Court of the Southern District of Indiana has published a Notice of Amendment to Local Rules regarding all civil local rules. The Local Rules Advisory Committee has invited public comment concerning the proposed amendments through December 15, 2011.

The proposed amendment will replace the numbering system of the rules, but leaves the local rules largely substantively unchanged. The Northern District of Indiana has recently released similar proposed local rule changes, which Indiana Intellectual Property Law and News has blogged.

Please send comments in writing or via e.mail to the following:
Local Rule Comments
Office of the Clerk
105 U.S. Courthouse
46 East Ohio Street
Indianapolis, IN 46204
or via email: LocalRules@insd.uscourts.gov

May 24, 2011

Denise K. LaRue Sworn as New Magistrate for the Southern District of Indiana

By Overhauser Law Offices, LLC

Indianapolis – Denise K. LaRue, an Indianapolis attorney, was sworn in as the new magistrate judge for the Southern District of Indiana. Chief Judge Richard L. Young administered the oath of office to Ms. LaRue at the Birch Bayh federal building and courthouse in Indianapolis. A more formal ceremony will take place at a later date. Ms. LaRue takes office as the first to fill a newly created magistrate judgeship in the Southern District of Indiana.

Ms. LaRue formerly practiced at Haskins LaRue, an Indianapolis law firm specializing in employment issues. She was born in Indianapolis and graduated cum laude from Indiana University School of Law – Indianapolis. According to the court’s press release, most of her professional experience has been in the area of labor and employment litigation.