ORDER ROBERT W. PRATT, District Judge. Before the Court is a Motion to Dismiss ("Motion") by Counterclaim Defendants Margie Phelps, Elizabeth Phelps, and Timothy Phelps (collectively "Phelps et al." or "Counterclaim Defendants"), filed October 10, 2013. Clerk's No. 56. On October 28, 2013, Counterclaim Plaintiff Ralph O'Donnell ("O'Donnell" or "Counterclaim Plaintiff) resisted the Motion. Clerk's No. 59. Phelps et al. replied on November 7, 2013. Clerk's No. 61. On November 8, 2013, O'Donnell...
ORDER JAMES E. GRITZNER, Chief Judge. This matter comes before the Court on Motion by Defendant Mediacom Communications Corporation (Mediacom) for Summary Judgment. Plaintiff Mark Minnihan (Minnihan) resists. The Court held a hearing on the motion on November 8, 2013. Attorney Mark Sherinian appeared on behalf of Minnihan. Attorneys Emily Pontius and Michael Giudicessi appeared on behalf of Mediacom. The matter is fully submitted and ready for disposition. I. JURISDICTION On June 11, 2012,...
ORDER JAMES E. GRITZNER, Chief Judge. This matter is before the Court on a Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(1) and 12(b)(6), filed by Defendants ManorCare Health Services, LLC (MHS) and HCR ManorCare, Inc. (HCR). Plaintiff Lucinda Dalton (Dalton) resists. A hearing was not requested, and the Court finds a hearing is unnecessary. Accordingly, the matter is fully submitted and ready for disposition. I. FACTUAL BACKGROUND 1 Dalton was hired to work as a...
ORDER JAMES E. GRITZNER, Chief Judge. This matter is before the Court on Motion by Defendant Bridgepoint Education, Inc. (Bridgepoint) for Partial Dismissal and to Compel Arbitration. Plaintiff Patricia Brondyke (Brondyke) resists. A hearing was not requested, and the Court finds that a hearing is not necessary. The matter is fully submitted and ready for disposition. I. BACKGROUND 1 A. Factual Background Brondyke began working at Ashford University (Ashford) as the Iowa Controller in...
ORDER JAMES E. GRITZNER, Chief Judge. This matter comes before the Court on the Motion for Summary Judgment brought by Defendants U-Haul Co. of Indiana, Inc. and U-Haul International, Inc. (collectively, U-Haul). Plaintiff Austin Rock (Rock) resists, and State Farm Mutual Automobile Insurance Company (State Farm) joins that resistance. The Court held a hearing on the Motion on May 10, 2013. Attorneys James E. Shipman and Robert E. Konchar appeared on behalf of Rock; attorney Robert Park...
ORDER JAMES E. GRITZNER, Chief Judge. Now before the Court are Motions for Summary Judgment and a Motion to Strike brought by Lafarge North America (Lafarge), Lafarge North American Davenport Plant (the Davenport Plant), Michael Fisher (Fisher), Jerry Miller (Miller), David Schnell (Schnell), and Joseph Pennings (Pennings) (collectively, Defendants). Plaintiff Craig Clay (Clay) resists. The Court held a hearing on the motions on January 4, 2013. The matter is fully submitted and ready for...
ORDER JAMES E. GRITZNER, Chief Judge. This matter is before the Court on the Motion of Farmers Insurance Exchange, Truck Insurance Exchange, Fire Insurance Exchange, Mid-Century Insurance Company, and Farmers New World Life Insurance Company (collectively, the Defendants) to Dismiss Plaintiff Mansour Vahid's (Vahid) Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). Vahid resists. The lawsuit arises out of alleged racial, religious, and/or national origin-based discrimination...
ORDER JAMES E. GRITZNER, Chief Judge. This matter comes before the Court on a Motion by Plaintiff Manuel Salazar (Salazar) to Remand this case to the Iowa District Court for Louisa County. Defendant Tyson Foods, Inc. (Tyson) resists. The Court conducted a telephonic hearing on this matter on October 22, 2012. Attorney Rockne Cole represented Salazar; attorney Michael Reck represented Tyson. The matter is fully submitted and ready for disposition. I. FACTUAL AND PROCEDURAL BACKGROUND The...
ORDER JOHN A. JARVEY, District Judge. I. INTRODUCTION Plaintiff, the Weitz Company, LLC ("Weitz") filed a Complaint against the Defendants on June 4, 2010. [Dkt. No. 1.] Defendants are Lexington Insurance Company ("Lexington"); Allied World Assurance Company (U.S.), Inc. ("Allied"); Westchester Surplus Lines Insurance Company ("Westchester"); Essex Insurance Company ("Essex"); and Lloyd's of London, et al., a/k/a/ Underwriters at Lloyd's ("Lloyd's Underwriters"). 1 Weitz filed an amended...
ORDER JOHN A. JARVEY, District Judge. I. INTRODUCTION This matter comes before the Court pursuant to two objections — one to a restitution order and another to a writ of garnishment — filed by Marla Schippers ("Marla"). 1 The first objection was filed on February 7, 2013. Marla objected to this Court's order dated February 5, 2013, directing that the proceeds from the sale of her marital home ($38,766.96) be paid toward restitution owed by her former husband, Defendant Ralph Schippers ("...
ORDER ON PLAINTIFFS' MOTION TO REMAND ROBERT W. PRATT, District Judge. On October 12, 2012, Michael Adams and Colleen Adams (the "Adamses") commenced an action against American Family Mutual Insurance Company ("American Family" or "Defendant") in the Iowa District Court for Polk County. Clerk's No. 1-1 at 5-11. 1 On January 7, 2013, the Adamses filed a Motion to Amend their state court Petition to include class claims and requests for declaratory and injunctive relief. Id. at 22-55. On...
RULING ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT ROSS A. WALTERS, United States Magistrate Judge. Plaintiff's Motion for Summary Judgment [14] is before the Court on papers filed. This is a collections case for which plaintiff Land O'Lakes Purina Feed LLC ("Land O'Lakes") is seeking payment from defendant Luke Jaeger ("Jaeger"). I. UNDISPUTED FACTS Land O'Lakes entered into a contract entitled "Customer Weaned Pig Purchase and Security Agreement" ("Agreement") with Jaeger to sell him...
ORDER ROBERT W. PRATT, District Judge. Before the Court is Union Pacific Railroad Company's ("Defendant" or "UP") Motion for Summary Judgment ("Motion"), filed June 10, 2013. Clerk's No. 21. Thomas W. Ray ("Plaintiff" or "Ray") filed a resistance to the Motion on July 12, 2013. Clerk's No. 26. Defendant replied on July 22, 2013. Clerk's No. 27. The matter is fully submitted. 1 I. FACTUAL BACKGROUND Plaintiff began working for Defendant on June 17, 1996. Def.'s Statement of Undisputed...
MEMORANDUM OPINION AND ORDER ROBERT W. PRATT, District Judge. Plaintiff, Patrick Brian Pierson, filed a Complaint in this Court on July 11, 2012, seeking review of the Commissioner's decision to deny his 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). Plaintiff filed applications for benefits October 29, 2008. Tr. at 151-57....
MEMORANDUM OPINION AND ORDER ROBERT W. PRATT, District Judge. Plaintiff, Sandra Dee Brewer-Kite, filed a Complaint in this Court on January 29, 2013, seeking review of the Commissioner's decision to deny her claim for Social Security benefits under Title II of the Social Security Act, 42 U.S.C. 401 et seq. This Court may review a final decision by the Commissioner. 42 U.S.C. 405(g). Plaintiff filed an application for Title II benefits July 15, 2011. Tr. at 150. Plaintiff, whose date of...
ORDER ROBERT W. PRATT, District Judge. Before the Court are the following motions: 1) a partial 1 Motion for Summary Judgment (Clerk's No. 35), filed by C. Line, Inc. ("Plaintiff" or "C. Line"); and 2) a Motion for Summary Judgment (Clerk's No. 47) filed by the City of Davenport ("Davenport"), Craig Malin ("Malin"), and Alan Guard ("Guard") (collectively "Defendants"). Defendants filed a resistance (Clerk's No. 46) to Plaintiff's Motion (Clerk's No. 46). Plaintiff field a resistance (Clerk's...
ORDER ROBERT W. PRATT, District Judge. Before the Court is Arbela Technologies Corp.'s ("Defendant") Motion to Dismiss for Lack of Personal Jurisdiction ("Defendant's Motion"), filed April 3, 2013. Clerk's No. 2. Fastpath, Inc. ("Plaintiff") resisted the Motion on April 22, 2013. Clerk's No. 3. Defendant replied on May 6, 2013. Clerk's No. 6. The Motion is fully submitted. I. FACTUAL BACKGROUND In June 2012, Plaintiff, an Iowa company, and Defendant, a California company, entered into a...
RULING ON CROSS-MOTIONS FOR SUMMARY JUDGMENT AND ORDER ROSS A. WALTERS, United States Magistrate Judge. This matter is before the Court on the motions for summary judgment [64][66] filed by the claimants to life insurance proceeds deposited in this Court by the original plaintiff/stakeholder Sun Life Assurance Company ("Sun Life"). In a Petition for Interpleader Relief and Request for Declaratory Judgment ("Petition") [1] filed August 21, 2009, Sun Life sought to deposit into court the...
ORDER JOHN A. JARVEY, District Judge. This matter comes before the court pursuant to plaintiff's March 15, 2013 Motion for Preliminary Injunction. [Dkt. No. 4] The court held a hearing on this motion on April 1, 2013 at which the plaintiff was represented by Randall Armentrout, Thomas Cunningham and Ryan Leemkuil. The defendant was represented by Gene LaSuer and Deborah Tharnish. Plaintiff's application for a preliminary injunction is granted. I. NATURE OF THE ACTION The plaintiff is the...
ORDER ROBERT W. PRATT, District Judge. The Court has before it a Motion for attorney fees filed by Mary Hoefer, the lawyer for Plaintiff Jennifer Longtine. Plaintiff obtained a remand from this Court on July 16, 2009, when the Court, acting upon Defendant's Motion, remanded this case to the Commissioner to re-evaluate Plaintiffs claim for Disability Insurance Benefits. The Commissioner asked for the remand order after Plaintiff filed her opening brief after obtaining a short continuance from...
