ORDER RONALD E. LONGSTAFF , Senior District Judge . The Court has before it cross motions for summary judgment, filed September 15, 2014. Both parties filed resistance materials on October 9, and replies on October 20, 2014. The motions are considered fully submitted. 1 I. BACKGROUND 2 A. Plaintiffs Initial Employment and Scheduling Defendant Bridgestone Americas Tire Operations, LLC ("BATO") is a Delaware-based limited liability company that designs, manufactures and sells tires....
RULING ON DEFENDANTS' MOTION TO STAY ALL DISCOVERY PENDING RULING ON DEFENDANTS' MOTIONS TO DISMISS ROSS WALTERS , United States Magistrate Judge . The above resisted motion [119] is before the Court. It is decided on the motion papers. LR 7.c. The dispute in this case centers on the validity and enforceability of a Membership Unit Repurchase Agreement ("MURA") allegedly entered into between defendant Homeland Energy Solutions ("HES") and Mr. Retterath under which HES agreed to repurchase...
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS STEPHANIE M. ROSE , District Judge . I. INTRODUCTION This is a case brought under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. 1001 et seq. In all cases such as this, the threshold question is the same: whether the alleged fiduciary was acting as a fiduciary when taking the action subject to the complaint. Pegram v. Herdrich, 530 U.S. 211 , 226, 120 S.Ct. 2143, 147 L.Ed.2d 164 (2000). Plaintiff McCaffree...
ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT ROBERT W. PRATT , District Judge . Before the Court is a Motion for Summary Judgment, filed May 14, 2014, by Petitioners Margie J. Phelps ("Phelps"), Elizabeth M. Phelps, and Timothy B. Phelps (collectively "Petitioners"). See Clerk's No. 84. On May 14, 2014, Intervenor, the State of Iowa (the "State"), also filed a Motion for Summary Judgment in which Respondents Red Oak Police Chief Drue Powers ("Chief Powers") and Montgomery County Sheriff...
ORDER JAMES E. GRITZNER , Chief Judge . Before the Court is a Motion to Remand pursuant to 12 U.S.C. 1819(b)(2)(D) and 28 U.S.C. 1447(c) filed by Plaintiff Loretta B. Mealy (Loretta or Plaintiff) and a Motion to Stay Pending the Exhaustion of Administrative Remedies pursuant to 12 U.S.C. 1821(d)(3)(B) filed by Defendant Federal Deposit Insurance Corporation (FDIC). Both motions are resisted. The Court conducted a hearing on the motions on October 7, 2014. Representing Plaintiff was...
ORDER JAMES E. GRITZNER , Chief Judge . This matter comes before the Court on Motion to Compel Arbitration, ECF No. 26, by Caremark PCS Health, L.L.C. (Defendant). Plaintiffs Principal Life Insurance Company, the Principal Welfare Benefit Plan for Employees, and the Principal Welfare Benefit Plan for Individual Field (collectively, Plaintiffs) resist. Neither party requested an oral argument on this Motion, and the Court finds that an oral argument is unnecessary for the resolution of this...
ORDER JAMES E. GRITZNER , Chief Judge . This matter comes before the Court on Motions to Dismiss for Lack of Personal Jurisdiction by Defendant The Trailer Source, Inc. 1 (Trailer Source). Plaintiffs Michele L. Grandstaff, Winona K. (Walsh) McGraw, Rick Inman, and Diana Picken (collectively, Plaintiffs) resist. A hearing on the Motions was not requested, and the Court does not find a hearing is necessary for the resolution of this matter. The Motions are fully submitted and ready for...
ORDER JAMES E. GRITZNER , Chief Judge . This matter comes before the Court on Motion for Summary Judgment by Defendant Ravago Americas, LLC (Ravago). Plaintiff Elizabeth Burciaga (Burciaga) resists. The parties did not request a hearing, and the Court finds the Motion may be resolved without one. The matter is fully submitted and ready for disposition. I. INTRODUCTION A. Factual Background 1 Ravago is an international company that distributes, sells, compounds, and recycles plastic...
ORDER JAMES E. GRITZNER , Chief Judge . This matter comes before the Court on Motion to Dismiss by Defendants Wells Fargo Bank N.A. d/b/a/ Wells Fargo Home Mortgage (Wells Fargo), Keth Malone, and Brian Freese (collectively, Defendants), as well as Motion for Leave to Amend First Amended Petition and Jury Demand and Motion for Leave to Amend Second Amended Petition and Jury Demand by Plaintiffs Rachelle Zanders, Robertha Larmouth, Michelle Strawman, Mercy Issa, and employees similarly...
MEMORANDUM OPINION AND ORDER ROBERT W. PRATT , District Judge . Plaintiff, Raymond Charles Savage, filed a Complaint in this Court on March 20, 2014, 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 December 9, 2010. Tr. at...
ORDER ROBERT W. PRATT , District Judge . Before the Court are the following two motions by Novartis Pharmaceuticals Corporation ("Novartis"), both filed May 15, 2014: (1) Motion to Exclude Testimony of Dr. Eric Sung, D.D.S. ("Dr. Sung") ("Motion to Exclude") (Clerk's No. 79) 1 ; and (2) Motion for Summary Judgment (Clerk's No. 83) 2 (collectively "Novartis's Motions"). Denise Gilliland ("Gilliland") responded to each Motion on June 16, 2014. Clerk's Nos. 88, 93. Novartis replied on...
ORDER ROBERT W. PRATT , District Judge . Before the Court is Novartis Pharmaceuticals Corporation's ("Novartis") Motion To Find That Punitive Damages Are Unavailable ("Motion"), 1 filed May 15, 2014. Clerk's No. 82. On June 17, 2014, Denise Gilliland ("Gilliland") filed a response. Clerk's No. 94. Novartis replied on July 1, 2014. Clerk's No. 103. The Motion is fully submitted. 2 I. FACTUAL AND PROCEDURAL BACKGROUND 3 On June 17, 2005, Gilliland was diagnosed with multiple myeloma. As...
MEMORANDUM OPINION AND ORDER ROBERT W. PRATT , District Judge . Plaintiff, Susan Angela Lee, filed a Complaint in this Court on January 16, 2014, 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). Plaintiff filed an application for disability benefits April 6, 2010 Tr....
MEMORANDUM OPINION AND ORDER ROBERT W. PRATT , District Judge . Plaintiff, Scott V. Spillers, filed a Complaint in this Court on September 10, 2013, seeking review of the Commissioner's decision to deny his 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 benefits December 10, 2010. Tr. at 124-25. Plaintiff, whose date...
ORDER JAMES E. GRITZNER, Chief Judge. This matter comes before the Court on motions to dismiss by Defendants Steven H. Davis (Davis), Stephen DiCarmine (DrCarmine), and Joel Sanders (Sanders). 1 Plaintiffs Aviva Life and Annuity Company and Aviva Life and Annuity Company of New York (collectively, Aviva) resist. A hearing on the motions was conducted on March 13, 2014. Attorneys Helen Michael, Stephen Hudson, and John Clendenin appeared on behalf of Aviva. Attorney Mary Beth Buchanan...
MEMORANDUM OPINION AND ORDER ROBERT W. PRATT, District Judge. Plaintiff, Nicolas Allen Enderle, filed a Complaint in the United States District Court for the Northern District of Iowa on September 11, 2013, seeking review of the Commissioner's decision to deny his claim for Social Security benefits under Title II of the Social Security Act, 42 U.S.C. 401 et seq. The case was transferred to the Southern District of Iowa on December 11, 2013. This Court may review a final decision by...
ORDER JAMES E. GRITZNER, Chief Judge. This matter comes before the Court on Motion to Dismiss Indictment and Motion to Suppress by Defendant William Earl Gibson, III (Gibson). The Government resists. A hearing on the matter was conducted on December 16, 2013. 1 Attorney Dean A. Stowers represented Gibson. Assistant U.S. Attorney Craig P. Gaumer represented the Government. The matter is fully submitted and ready for disposition. I. BACKGROUND In February 2013, Special Agent Phillip...
ORDER ROBERT W. PRATT, District Judge. Before the Court is AllRail, Inc.'s ("Defendant" or "AllRail") Motion to Dismiss or, in the Alternative, to Stay ("Motion"), filed November 18, 2013. Clerk's No. 7. RELCO Locomotives, Inc. ("Plaintiff" or "RELCO") resisted the Motion on December 5, 2013. Clerk's No. 12. Defendant replied on December 16, 2013 ("Reply"). Clerk's No. 20. The Motion is fully submitted. I. FACTUAL BACKGROUND Defendant is a Quebec corporation providing rail-related services....
ORDER ON BENCH TRIAL ROBERT W. PRATT, District Judge. This lawsuit arose out of the United States of America's ("Plaintiff") claims against Dico, Inc. ("Dico" or "Defendant") and Titan Tire Corporation ("Titan Tire") (collectively "Defendants"), under "Sections 106, 107 and 113(g) of the Comprehensive Environmental Response, Compensation, and Liability Act ["CERCLA"] of 1980." Compl. (Clerk's No. 1) 2. Plaintiff sought to recover unreimbursed response costs from Defendants, and civil...
ORDER JAMES E. GRITZNER, Chief Judge. This matter comes before the Court on Motion by Plaintiff West Liberty Foods, L.L.C. 1 (West Liberty) to Vacate in Part and Confirm in Part a Certain Arbitration Award (Motion to Vacate) and on Motion by Defendant Moroni Feed Company (Moroni) for Confirmation of Arbitration Award (Motion for Confirmation). The Court held a hearing on the motions on January 15, 2014. Attorneys David Tank and Brian Melhus appeared on behalf of West Liberty. Attorneys...
