ORDER JAMES E. GRITZNER, Chief Judge. Now before the Court are Motions to Dismiss for lack of personal jurisdiction and failure to state a claim and a Motion to Strike brought by Defendants Energetix Holdings II, LLC (Holdings), and Mitch Miller (Miller). Plaintiff All Energy Corporation f/k/a All Fuels and Energy Company (All Energy) resists. No party has requested a hearing, and the Court finds that none is required. The matter is now fully submitted and ready for disposition. I....
ORDER JAMES E. GRITZNER, Chief Judge. This matter now comes before the Court on Defendant/Third-Party Defendant Reed Mapes' (Mapes) Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue the Amended Complaint brought by Nancy Wiese, as the Executor of the Estate of Lester Wiese and individually, and Wendi Johnson and Lance Wiese (collectively, Plaintiffs), and Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue the Third-Party Complaint brought by Third-...
ORDER JAMES E. GRITZNER, Chief Judge. This matter is before the Court on Cross-Motions for Summary Judgment brought by Plaintiff Union Insurance Company (Union) and Defendant Hull & Company, Inc. (Hull). On August 1, 2012, the Court held a hearing on the motions. Attorneys Jeffrey Lanz and Stephanie Tipton represented Union, and attorneys John Clendenin and Christian Walk represented Hull. The motions are fully submitted and ready for disposition. On the following analysis, the Court finds...
MEMORANDUM OPINION AND ORDER ROBERT W. PRATT, District Judge. Plaintiff, Robin Diane Hulen, filed a Complaint in this Court on December 5, 2011, seeking review of the Commissioner's decision to deny her claim for Social Security benefits under Title II and Title XVI of the Social Security Act, 42 U.S.C. 401 et seq. and 1381 et seq. This Court may review a final decision by the Commissioner. 42 U.S.C. 405(g). In the Notice of Decision — Unfavorable dated March 4, 2011, the...
MEMORANDUM OPINION AND ORDER ROBERT W. PRATT, District Judge. Plaintiff, Lawrence G. Denhoff, filed a Complaint in this Court on October 28, 2011, seeking review of the Commissioner's decision to deny his claim for disability benefits under Title XVI of the Social Security Act, 42 U.S.C. 1381 et seq. This Court may review a final decision by the Commissioner. 42 U.S.C. 405(g). Plaintiff filed his application for benefits on April 27, 2010. Tr. at 154-57. Plaintiff, whose date of birth...
ORDER ROBERT W. PRATT, District Judge. Before the Court are two motions: 1) Douglas Spencer's ("Plaintiff" or "Spencer") Motion for Partial Summary Judgment (Clerk's No. 17); and 2) Annett Holdings, Inc.'s ("Defendant" or "Annett") Motion for Summary Judgment (Clerk's No. 18). Annett filed a resistance to Spencer's Motion for Partial Summary Judgment (Clerks' No. 23) and Spencer replied (Clerk's No. 28). Spencer filed a resistance to Annett's Motion for Summary Judgment (Clerk's No. 22) and...
ORDER ROBERT W. PRATT, District Judge. Before the Court are the City of Council Bluffs' (the "City"), Daniel Larsen's ("Larsen"), and Lyle Brown's ("Brown") (collectively "Defendants") joint motions in limine, filed September 6, 2012. Clerk's No. 290. On September 24, 2012, Plaintiff Curtis W. McGhee ("McGhee") filed a response, in which Plaintiff Terry J. Harrington ("Harrington") joined. Clerk's Nos. 297-98. Defendants replied on October 4, 2012. Clerk's No. 304. The matter is fully...
ORDER ROBERT W. PRATT, District Judge. Before the Court are the following motions in limine by Curtis W. McGhee, Jr. ("McGhee") and Terry Harrington 1 ("Harrington") (collectively "Plaintiffs"): (1) To Exclude Evidence of Car Theft (Clerk's No. 274); (2) To Exclude Evidence of McGhee's October 7, 1977 Statement and Polygraph (Clerk's No. 278); (3) To Exclude Evidence of Gunpowder on Harrington's Jacket (Clerk's No. 279); (4) To Exclude Evidence of Joe Rogers' Calendar (Clerk's No. 281); (5)...
ORDER ROBERT W. PRATT, District Judge. Before the Court are the following motions by Curtis W. McGhee, Jr. ("McGhee") and Terry Harrington 1 ("Harrington") (collectively "Plaintiffs"): (1) Motion Requesting Judicial Notice of Materiality of Gates Reports and Their Non-disclosure, filed August 22, 2012 (Clerk's No. 271); (2) Motion That the Non-disclosure of Gates Reports Admissible Evidence under FRE 104, also filed August 22, 2012 (Clerk's No. 272); and (3) Motion for Judicial Notice of How...
ORDER ROBERT W. PRATT, District Judge. Before the Court are the following motions by Curtis W. McGhee, Jr. ("McGhee") and Terry Harrington 1 ("Harrington") (collectively "Plaintiffs"): (1) Motion in Limine Seeking Admissibility of Kevin Hughes's ("Hughes") Testimony Given on Two Prior Occasions, filed August 22, 2012 (Clerk's No. 273); and (2) Motion in Limine to Bar Evidence of Hughes's Statement to Detective Dawson on April 24, 2003, filed September 4, 2012 (Clerk's No. 280). The City of...
ORDER ROBERT W. PRATT, District Judge. Before the Court are the following motions: 1) Carolyn Jones' ("Jones") and Gail Agrawal's (collectively "Defendants") Motion in Limine, filed September 10, 2012 (Clerk's No. 76); 2) Teresa Wagner's ("Wagner" or "Plaintiff") Motion in Limine, filed September 25, 2012 (Clerk's No. 77); 3) Defendants' Second Motion in Limine, filed September 28, 2012 (Clerk's No. 84); and 4) Defendants' Third Motion in Limine, filed October 9, 2012 (Clerk's No. 98)....
ORDER ROBERT W. PRATT, District Judge. Before the Court are the following motions: 1) a Motion for Summary Judgment, filed by Defendants Sally Mason ("Mason"), Bonnie Campbell ("Campbell"), and Douglas True ("True") (Clerk's No. 48); 2) a Motion for Summary Judgment filed by Defendant State of Iowa (the "State") (Clerk's No. 49); and 3) a Motion for Partial Summary Judgment filed by Marcus Mills ("Mills" or "Plaintiff") (Clerk's No. 72). Mills filed a resistance to the Motions filed by Mason,...
ORDER ROBERT W. PRATT, District Judge. Before the Court is the United States of America's ("Plaintiff") Motion for Partial Summary Judgment on Arranger Liability ("Plaintiffs Motion"), filed June 8, 2012. Clerk's No. 61. On July 9, 2012, Dico, Inc. ("Dico") and Titan Tire Corporation ("Titan") (collectively "Defendants") filed their Memorandum in Opposition to Plaintiffs Motion. Clerk's No. 68. On July 25, 2012, Plaintiff filed a Reply Memorandum. Clerk's No. 78. On August 22, 2012, the...
MEMORANDUM OPINION AND ORDER ROBERT W. PRATT, District Judge. Before the Court is Defendant's Motion To Remand. Clerk's 12. Plaintiff resisted the motion arguing that a reversal with an award of benefits is the appropriate remedy. Clerk's 13. Defendant filed a reply to Plaintiff's resistance again arguing that the case should be remanded to the Commissioner for further administrative review and a new decision. Plaintiff, Laurie Sue Rose, filed a Complaint in this Court on March 8, 2012,...
ORDER ROBERT W. PRATT, District Judge. Before the Court is a Motion for Summary Judgment, filed May 31, 2012, by JBS USA, LLC, a/k/a Swift Beef Company ("Defendant"). Clerk's No. 16. Lyle Ridout ("Plaintiff) filed a resistance to the Motion on July 2, 2012. Clerk's No. 19. Defendant filed a reply on July 9, 2012. The matter is fully submitted. 1 I. FACTS Defendant owns a pork processing plant in Marshalltown, Iowa. Pl.'s State of Facts in Supp. or Resistance to Def.'s Mot. for Summ. J ("Pl....
ORDER ROBERT W. PRATT, District Judge. Kevin Gurley ("Plaintiff") filed a motion to remand on June 14, 2012. Clerk's No. 5. FedEx Ground Package Systems ("FedEx"), Jennifer Porter ("Porter"), and Scott Cowles ("Cowles") (collectively "Defendants") filed a response in opposition to the motion on June 26, 2012. Clerk's No. 6. Plaintiff has not filed a reply. The matter is fully submitted. Plaintiff originally filed this case in the Iowa District Court for Dallas County, alleging that...
ORDER ROBERT W. PRATT, District Judge. FedEx Ground Package Systems ("FedEx"), Jennifer Wambold ("Wambold"), and Scott Cowles ("Cowles") (collectively "Defendants") removed this case to this Court on May 17, 2012, alleging diversity jurisdiction. Clerk's No. 1 3. In their notice of removal, Defendants acknowledged that Wambold and Cowles were non-diverse but asserted that Wambold and Cowles are fraudulently joined. Id. Specifically, Defendants argued that Plaintiffs civil rights claims...
ORDER ROBERT W. PRATT, District Judge. Before the Court is a Motion to Quash Writ of Garnishment, filed by Ramona Cunningham ("Defendant") on March 3, 2012. Clerk's No. 320. This motion was filed in conjunction with Defendant's Objections to Garnishment of IPERS Benefits. 1 Clerk's No. 319-1. The Government filed a Resistance to the motion on March 15, 2012. Clerk's No. 324. On March 27, 2012, the Court held a hearing on the motion. Clerk's No. 326. The matter is fully submitted. I. FACTUAL...
ORDER JAMES E. GRITZNER, Chief Judge. Now before the Court is a Motion to Dismiss for Lack of Personal Jurisdiction or, in the Alternative, to Dismiss for Forum Non Conveniens brought by Defendants Joseph Buckley (Buckley) and Christian Riehle (Riehle) (collectively, Defendants). Plaintiff FCStone LLC 1 (FCStone) resists. The parties have not requested a hearing; thus, the matter is fully submitted and ready for disposition. I. PROCEDURAL AND FACTUAL HISTORY 2 FCStone, an Iowa corporation...
ORDER ROBERT W. PRATT, District Judge. Before the Court is a "Motion to Dismiss, Stay, or Transfer to the U.S. District Court for the Southern District of Florida," filed January 10, 2012 by Smolinski & Associates Inc. d/b/a Palm Coast Travel ("S & A") 1 and Lee Smolinski ("Smolinski") (collectively "Defendants"). Clerk's No. 24. CruiseCompete, LLC ("Plaintiff") filed a resistance to the Motion on January 23, 2012. Clerk's No. 30. Defendants filed a Reply on January 31, 2012. Clerk's No....
