Filed: 11/21/2019 11:26 AM
St. Joseph Superior Court 7
St. Joseph County, Indiana

STATE OF INDIANA
COUNTY OF ST. JOSEPH

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IN THE ST. JOSEPH SUPERIOR COURT
SOUTH BEND, INDIANA
Cause No. 71D07-1209-MI-000159

SOUTH BEND COMMON COUNCIL,

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Plaintiff
v.
SOUTH BEND CITY ADMINISTRATION,
Defendant.

LOGAN ESTATE MOTION TO INTERVENE
Pursuant to Ind. Trial Rule 24, applicant, Estate of ERIC JACK LOGAN, deceased
(“Logan Estate,” the “Estate”), by counsel, respectfully moves to intervene as a plaintiff in this
action. In support, it states as follows:
1.

T.R. 24(A)(2) provides that
Upon timely motion anyone shall be permitted to intervene in an
action…when the applicant claims an interest relating to a
property…which is the subject of the action and he is so situated
that the disposition of the action may as a practical matter impair
or imped his ability to protect his interest in the property…unless
the applicant’s interest is adequately represents by existing parties.

2.

T.R. 24(B) provides, in pertinent part, that
Upon timely motion anyone may be permitted to intervene in an
action…when an applicant’s claim or defense and the main action
have a question of law or fact in common.
(Emphasis added).

3.

The Logan Estate filed a civil rights lawsuit against the City of South Bend and

former South Bend Police Sergeant Ryan O’Neill alleging, among other things, that Sgt. O’Neill
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 used excessive force resulting in the June 16, 2019 shooting death of Eric Logan and that the
South Bend Police Department has a pattern and practice of racially-motivated discrimination.
See Estate of Eric Jack Logan v. O’Neill, U.S. District Court for the N.D. Ind., No. No. 3:19-cv00495-DRL-MGG.
4.

On November 20, 2019 at 3:12 p.m. ET, the undersigned attempted to obtain the

approval of counsel record for this motion.
5.

Counsel for the individual Intervenors, Daniel H. Pfeifer, lodges his objection to

this motion to intervene.
6.

By the time of this filing, the Estate has not received responses from the City

Administration or the Common Council’s counsel.
7.

Filed contemporaneously with this motion is the Estate’s memorandum of law in

support thereof.
WHEREFORE, pursuant to T.R. 24, applicant moves to intervene in this action and any
other relief the Court deems appropriate.
Respectfully submitted,
Estate of ERIC JACK LOGAN, deceased

/s/ Trent A. McCain
One of Applicant’s Attorneys
Trent A. McCain, #23960-45
McCAIN LAW OFFICES, P.C.
363 S. Lake St., Ste. 2
Gary, IN 46403
(219) 884-0696 phone
Trent@McCain.Law

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 Brian W. Coffman, # 28944-71
COFFMAN LAW OFFICES, P.C.
2615 North Sheffield Ave., Suite #1
Chicago, IL 60614
(773) 348-1295 phone
bcoffmanlaw@gmail.com
CERTIFICATE OF SERVICE
I hereby certify that on November 21, 2019, a copy of the foregoing motion was filed electronically.
Service of this filing will be made on all parties and/or counsel of record by operation of the Indiana E-Filing
system.
/s/Trent A. McCain
One of Applicant’s Attorneys

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