ORDER JOHN A. JARVEY, District Judge. I. Background and Material Facts.................................................880 A. Manufacturing Enfamil Human Milk Fortifier...........................880 B. Microbiological Risks of E. sak............................................882 C. D.J.K.'s Illness and Investigation.........................................883 II. Summary of Arguments.........................................................885 III. Summary Judgment Standard.....................
ORDER JOHN A. JARVEY, District Judge. This matter comes before the Court pursuant to Plaintiff Rebecca Feller's ("Feller") Motion to Remand filed on April 21, 2010. [Dkt. No. 9.] Defendant Hartford Life and Accident Insurance Co. ("Hartford Life") responded on May 10, 2010. [Dkt. No. 10.] On May 17, 2010, Feller replied and the Court held a hearing on the motion. [Dkt. Nos. 12 & 13.] The Court denies the motion. I. BACKGROUND AND ARGUMENTS Plaintiff Feller commenced this action against...
ORDER JOHN A. JARVEY, District Judge. This matter comes before the Court pursuant to Defendant Principal Life Insurance Co.'s ("Principal") February 2, 2010 Motion for Summary Judgment on Count III. [Dkt. No. 196.] Plaintiff Joseph Ruppert ("Ruppert") filed a response on February 23, 2010 [Dkt. No. 198], to which Principal replied on March 5, 2010. [Dkt. No. 199.] The Court grants the motion for summary judgment on Count V. I. STANDARD OF REVIEW A motion for summary judgment may be granted...
ORDER JOHN A. JARVEY, District Judge. This matter comes before the Court pursuant to Plaintiff Joseph Ruppert's ("Ruppert") December 21, 2009 Motion to Set Aside/Reconsider [Dkt. No. 187] the Court's November 5, 2010 order granting judgment on the pleadings on Counts I and II to Defendant Principal Life Insurance Co. ("Principal"). [Dkt. No. 183; Ruppert v. Principal Life Ins. Co., 2009 WL 5667708 (S.D.Iowa Nov. 5, 2009).] Principal responded to Ruppert's motion on January 28, 2010. [Dkt....
SENTENCING MEMORANDUM OPINION AND ORDER ROBERT W. PRATT, Chief Judge. Before the Court is the matter of sentencing Joshua English ("Defendant"). This Sentencing Memorandum Opinion and Order ("Order") supplements the findings made on the record at the sentencing hearing held on December 28, 2010, and in the Judgment filed on December 29, 2010. Clerk's Nos. 45 & 47. Specifically, this Order will address whether the Fair Sentencing Act of 2010 ("Fair Sentencing Act" or "Act") applies to...
ORDER JAMES E. GRITZNER, District Judge. This matter comes before the Court on cross motions for partial summary judgment filed by Defendant Wells Fargo Bank, N.A. (Wells Fargo) and Plaintiff David J. Ferezy (Ferezy). Ferezy also filed a motion to strike portions of Wells Fargo's brief in support of its motion for summary judgment and two of Wells Fargo's statements of fact in support of its motion for summary judgment. The parties have not requested a hearing, and the Court finds that a...
MEMORANDUM OPINION AND ORDER ROBERT W. PRATT, Chief Judge. Before the Court are two motions for summary judgment. The first motion was filed by Plaintiffs Gulf Underwriters Insurance Company ("Gulf") and Travelers Indemnity Company ("Travelers") (collectively "Gulf") on February 24, 2010. Clerk's No. 101. The City of Council Bluffs (the "City"), Daniel C. Larsen ("Larsen"), and Lyle W. Brown ("Brown") (collectively "Defendants") 1 filed a response in opposition to Gulf's motion on April 19,...
ORDER JAMES E. GRITZNER, District Judge. This matter comes before the Court on motion by Defendant NCH Healthcare System, Inc. (NCH) to dismiss for lack of personal jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(2), or in the alternative, to transfer to the Middle District of Florida, Fort Myers Division pursuant to 28 U.S.C. 1404(a). Plaintiff Wells Fargo Financial Leasing, Inc. (Wells Fargo) resists. The parties have not requested a hearing, and the Court finds no hearing...
ORDER JAMES E. GRITZNER, District Judge. This matter comes before the Court on cross Motions for Summary Judgment filed by Plaintiff Nathan Hays (Hays) and Defendant Communication Technologies, Inc. (Comtek). A hearing on the motions was held on September 17, 2010. Attorney Charles Gribble represented Hays; and attorneys Deborah Tharnish, Terese Connolly, and John Michels represented Comtek. This matter is fully submitted and ready for disposition. I. SUMMARY OF MATERIAL FACTS In 2005,...
ORDER JAMES E. GRITZNER, District Judge. This matter comes before the Court on a Motion to Compel Arbitration and Stay This Litigation brought by Defendant Moroni Feed Company (Moroni). Plaintiff West Liberty Foods, L.L.C. (West Liberty) resists. A hearing on the motion was held on July 16, 2010. Attorney Stanley Preston represented Moroni, and attorney David Tank represented West Liberty. The matter is fully submitted and ready for disposition. I. BACKGROUND On May 1, 2006, West Liberty...
ORDER JAMES E. GRITZNER, District Judge. This matter comes before the Court on a motion for summary judgment, filed August 18, 2009, by Defendant Indiana Mills & Manufacturing, Inc. (IMMI). 1 Plaintiff Thomas Lowell Linden, Jr. (Linden) resists the motion. A hearing was held on December 11, 2009. The matter is fully submitted and ready for disposition. I. SUMMARY OF MATERIAL FACTS 2 IMMI is an Indiana corporation with its principal place of business in Westfield, Indiana. IMMI designed...
ORDER JAMES E. GRITZNER, District Judge. This matter comes before the Court on motion by Defendant CNH America LLC (Case) for summary judgment. 1 Plaintiff Thomas Lowell Linden, Jr. (Linden) resists the motion. A hearing was held on December 11, 2009. The matter is fully submitted and ready for disposition. I. SUMMARY OF MATERIAL FACTS 2 Indiana Mills & Manufacturing, Inc. (IMMI) is an Indiana corporation with its principal place of business in Westfield, Indiana. IMMI designed and...
ORDER JAMES E. GRITZNER, District Judge. Before the Court is Defendants' Motion for Summary Judgment in the above-captioned action. Plaintiff resists the motion. Also before the Court is Plaintiff's Motion to Strike. Defendant resists the motion. The matter came on for hearing on November 20, 2009. Paige Fiedler represented Plaintiff Julie Mahony (Mahony); Michael Reck and Kelsey Knowles represented Defendants Universal Pediatric Services, Inc. (UPSI), and Ultimate Nursing Services of Iowa,...
ORDER JAMES E. GRITZNER, District Judge. This matter comes before the Court on a Motion for Summary Judgment by Defendants Bridgestone Firestone North America Tire, LLC (BFNA); 1 Kenneth Allen (Allen); and Timothy Ohrt (Ohrt) (collectively, Defendants). Plaintiff Titan International, Inc. (Titan) resists. During the briefing of this motion, Defendants filed a motion to strike the affidavit of Titan's CEO, Maurice Taylor (Taylor). The Court denied the motion to strike but allowed the parties...
ORDER ROBERT W. PRATT, Chief Judge. On September 7, 2010, Iowa Right to Life Committee, Inc. ("IRTL") filed a "Verified Complaint for Declaratory and Injunctive Relief against the above-captioned government officials (collectively, "Defendants"), alleging that several provisions of Iowa's campaign finance laws violate the First and Fourteenth Amendments of the United States Constitution. Clerk's No. 1. On the same date, IRTL also filed a Motion for Preliminary Injunction, which is currently...
ORDER ROBERT W. PRATT, Chief Judge. Before the Court is a Joint Motion for Partial Summary Judgment, filed May 10, 2010, by the City of Council Bluffs (the "City"), Daniel Larsen ("Larsen"), and Lyle Brown ("Brown") (collectively the "City Defendants"). Clerk's No. 155. Curtis McGhee ("McGhee") filed a resistance to the Motion on June 3, 2010. Clerk's No. 164. Terry Harrington ("Harrington") filed a resistance to the Motion on June 14, 2010. Clerk's No. 178. Defendants filed a Reply on June...
ORDER ROBERT W. PRATT, Chief Judge. Before the Court is a Motion for Summary Judgment, filed May 10, 2010, by the City of Council Bluffs (the "City"), Daniel Larsen ("Larsen"), and Lyle Brown ("Brown") (collectively "Defendants"). Clerk's No. 154. Curtis McGhee ("McGhee") and Terry Harrington ("Harrington") (collectively "Plaintiffs") each filed a resistance to the Motion on June 3, 2010. Clerk's Nos. 163 (McGhee), 177 (Harrington). Defendants filed a Reply on June 21, 2010. Clerk's No. 189....
MEMORANDUM OPINION AND ORDER ROBERT W. PRATT, Chief Judge. Before the Court is a Motion for Summary Judgment filed by Defendant, Piper Jaffray & Co. Inc. ("Piper"). Clerk's No. 127. Plaintiff, Union County, Iowa ("Union County" or the "County") filed a resistance to the Motion (Clerk's Nos. 133-144), 1 Piper replied (Clerk's No. 154), and the County filed a surreply (Clerk's No. 159). The Court held a hearing on the Motion on April 9, 2010. Clerk's No. 166. The matter is fully submitted. I....
ORDER ROBERT W. PRATT, Chief Judge. Before the Court is Nationwide Wash Systems, Inc.'s ("Nationwide") Motion for Partial Summary Judgment, filed June 10, 2010. Clerk's No. 12. Ryko Manufacturing Co. ("Ryko") filed a Resistance to Nationwide's Motion on July 13, 2010. Clerk's No. 15. Nationwide filed a Reply on August 2, 2010. Clerk's No. 18. Though Nationwide has requested a hearing, the Court does not believe oral argument would substantially aid it in resolving the present motion....
ORDER JOHN A. JARVEY, District Judge. This matter comes before the Court pursuant to the government's July 26, 2010 motion to dismiss. [Dkt. No. 2] Plaintiff's RFMS Inc., Coralville Manor L.L.C., and Edwin Enterprises, d/b/a Windmill Manor, (collectively "RFMS") filed responses to the government's motion on August 12, 2010 and August 31, 2010. For the reasons set forth below, the Court denies the government's motion to dismiss. I. STATEMENT OF MATERIAL FACTS 1 This is an action for...
