ORDER JAMES E. GRITZNER , Senior Judge . This matter comes before the Court on Motion to Suppress Evidence, ECF No. 39, by Adrian Romal Lomas (Defendant). The Government resists. The Court held a hearing on the Motion on March 26, 2015. Attorney Clifford R. Cronk III was present on behalf of the Government and attorney Terrence McAtee was present on behalf of Defendant. The Motion is fully submitted and ready for disposition. I. BACKGROUND The Grand Jury returned a one count indictment...
ORDER DENYING DEFENDANT'S MOTION TO DISMISS STEPHANIE M. ROSE , JUDGE UNITED STATES DISTRICT COURT . This removal products liability action stems from an allegation of a defective implant and resulting personal injury. An April 6, 2015, motion to dismiss by American Medical Systems, Inc., ("AMS") [ECF No. 4] is before the Court. Plaintiffs resisted on April 23, 2015, [ECF No. 9], and AMS replied on April 30, 2015, [ECF No. 10]. The parties did not request oral argument, and the Court...
ORDER JOHN A. JARVEY , Chief Judge . In June 2011, Defendant Infogroup, Inc., relocated its business due to a threat of flooding posed by the nearby Missouri river. Infogroup is a data provider, meaning Infogroup provides comprehensive verified and customized databases, stored and utilized on Infogroup's servers, to internet companies and other businesses to support sales, marketing, and information services. Defendant submitted a claim to its insurance provider, Plaintiff, The Phoenix...
ORDER JAMES E. GRITZNER , Senior Judge . Before the Court is a Motion for Summary Judgment filed by Defendant Great Prairie Area Education Agency (GPAEA), which Plaintiff Brianna M. Wilkerson (Wilkerson) resists. The Court conducted a hearing on the motion on June 4, 2015. Attorney Wesley Graham represented Wilkerson, and attorney Matthew Novak represented GPAEA. The matter is fully submitted and ready for disposition. I. JURISDICTION Wilkerson filed this action asserting a single claim...
ORDER JAMES E. GRITZNER , Senior Judge . This matter now comes before the Court on a Motion and a Renewed Motion by Defendant William M. Bonnes (Bonnes) to Dismiss claims brought by Relator/Plaintiff Jackie Scott (Scott) under the False Claims Act (FCA), 31 U.S.C. 3729 et seq. and the Iowa False Claims Act (IFCA), Iowa Code 685 et seq. Scott resists. The parties have not requested a hearing, and the Court finds no hearing is necessary in resolution of the motions. The motions are...
ORDER ROBERT W. PRATT , District Judge . Before the Court is a Motion to Remand pursuant to 28 U.S.C. 1447 ("Motion"), filed by Plaintiff Fairfield Castings, LLC ("Fairfield") on March 13, 2015. Clerk's No. 8. Defendants George and Kay Hofmeister ("Defendants" or "Hofmeisters") filed a resistance to the Motion on March 30, 2015. Clerk's No. 11. Fairfield replied on April 7, 2015. Clerk's No. 15. The matter is fully submitted. I. FACTUAL AND PROCEDURAL BACKGROUND Fairfield is a Delaware...
SENTENCING MEMORANDUM OPINION AND ORDER ROBERT W. PRATT , District Judge . Before the Court is the matter of sentencing the Defendant, Colin Boone. This memorandum opinion and order supplements the findings made on the record at the sentencing hearing held June 22, 2015. I. PROCEDURAL HISTORY On December 17, 2013, a grand jury convened in the Southern District of Iowa issued an Indictment charging Defendant with "Unreasonable Use of Force," in violation of 18 U.S.C. 242. Clerk's No. 2....
MEMORANDUM OPINION AND ORDER ROBERT W. PRATT , District Judge . Plaintiff, Dinann Marie Delfs, filed a Complaint in this Court on May 23, 2014, 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). On November 15, 2011, Plaintiff filed an application for Title II benefits. Tr. at 155-61. Plaintiff, whose...
ORDER JAMES E. GRITZNER , Senior Judge , U.S. DISTRICT COURT This matter comes before the Court on Motion to Dismiss by Defendants Desert Snow, LLC and Joe David (collectively, Desert Snow Defendants), ECF No. 12, and Motion to Dismiss by Defendants Iowa State Patrol Troopers Justin Simmons and Eric Vanderwiel and Special Agent Jessie Whitmer (collectively, State Defendants), ECF No. 13. Plaintiffs William Barton Davis and John Newmerzhycky resist. The parties did not request a hearing,...
ORDER ROBERT W. PRATT , District Judge . Before the Court is a Motion to Transfer Venue Pursuant to 28 U.S.C. 1404(a) ("Motion") filed by Defendant Hydro Systems, Inc. ("Hydro Systems") on February 27, 2015. Clerk's No. 7. Plaintiff Aqua-Care Marketing LLC., dba Aqua-Care USA ("Aqua-Care") filed a resistance to the Motion on March 16, 2015. Clerk's No. 8. Hydro Systems replied on March 26, 2015. Clerk's No. 9. The matter is fully submitted. 1 I. FACTUAL AND PROCEDURAL BACKGROUND Aqua-...
ORDER JAMES E. GRITZNER , Senior Judge, U.S. DISTRICT COURT This matter comes before the Court on Motion for Summary Judgment, ECF No. 18, by Community Health Centers of Southern Iowa (Defendant or CHCSI). Rickey Quayle (Plaintiff) resists. The Court held a hearing on the Motion on April 30, 2015. The Motion is fully submitted and ready for disposition. I. BACKGROUND Plaintiff alleges Defendant discriminated against him because of his age and sex in violation of the Age Discrimination...
ORDER JAMES E. GRITZNER , Senior Judge, U.S. DISTRICT COURT . This matter comes before the Court on Motion to Dismiss pursuant to Prior Pending State Court Action and for Improper Venue pursuant to Federal Rule of Civil Procedure 12(b)(3) brought by Defendant SDI, Inc. (SDI). Plaintiff Micro-Surface Finishing Products, Inc. (MSFP) resists. The parties have not requested a hearing, and the Court finds no hearing is necessary in resolution of this motion. The matter is fully submitted and...
ORDER JAMES E. GRITZNER , Senior Judge , U.S. DISTRICT COURT This matter comes before the Court on Motions to Dismiss Third-Party Complaints by Third-Party Defendant Hanifen Company, Inc., ECF Nos. 81 and 89. Defendants/Third-Party Plaintiffs Hiner Equipment LLC, Hiner Transport LLC, Hiner Logistics LLC, Howe Freightways, Inc., and James Langholf, by and through Julie Langholf as administrator of Estate of James Langholf, resist. A hearing on the Motions was held on February 25, 2015....
ORDER JAMES E. GRITZNER , Chief Judge , U.S. DISTRICT COURT Currently before this Court is a Motion for Summary Judgment by Defendant Johnson Controls Inc. (JCI). ECF No. 9. Plaintiff Johnson County, Iowa (Johnson County) resists. The parties did not request a hearing, and the Court finds a hearing is not necessary for the resolution of this Motion. The Motion is fully submitted and ready for disposition. I. BACKGROUND A. Factual Background 1 In late December 2012, a water line at the...
ORDER ROBERT PRATT , District Judge . Before the Court is Watts Regulator Co.'s ("Watts" or "Defendant") Motion to Dismiss ("Motion") for lack of personal jurisdiction, filed September 12, 2014. Clerk's No. 7. Allianz Global Corporate and Specialty Marine Insurance Company ("Allianz" or "Plaintiff") was granted two unresisted extensions of time to file a response to the Motion ( see Clerk's Nos. 9, 19), and filed a response on January 9, 2015 (Clerk's No. 21). Watts replied on January 26,...
ORDER ROBERT W. PRATT , District Judge . Before the Court is a Request for Attorney's Fees, filed December 18, 2014, by Petitioner Margie Phelps ("Petitioner"). See Clerk's No. 111. Intervenor the State of Iowa ("the State") filed a response on January 5, 2015. See Clerk's No. 113. Respondents Red Oak Police Chief Drue Powers ("Chief Powers") and Montgomery County Sheriff Joe Sampson ("Sheriff Sampson") also filed a response on January 5, 2015. See Clerk's No. 114. Phelps filed a...
ORDER JAMES E. GRITZNER , Chief Judge . TABLE OF CONTENTS I. INTRODUCTION .................................................................939 II. JURISDICTION .................................................................940 III. BACKGROUND ...................................................................941 A. Telecommunication Regulatory Backdrop ....................................941 1. Communications Act of 1934 ...........................................941 2. Anti-trust...
MEMORANDUM OPINION AND ORDER ROBERT W. PRATT , District Judge . Plaintiff, Cristy L. Thudium, filed a Complaint in this Court on June 27, 2014, 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 applications for benefits on December 14 and...
ORDER JAMES E. GRITZNER , Chief Judge . This matter comes before the Court on Motion to Dismiss for Failure to State a Claim by Defendants Charles Palmer, Richard Shults, Deborah Hanus, Ilona Avery, Dr. Joan Gerbo, Revae Gabriel, and Deb Wilkens. Plaintiff Jessica Turner resists. A hearing on the Motion was held on January 15, 2015. Plaintiff was represented by attorney Matthew Sease. Defendants were represented by Assistant Iowa Attorney General Gretchen Kraemer. The matter is fully...
JAMES E. GRITZNER , Chief Judge . This matter comes before the Court on Motion to Dismiss Certain Claims in Plaintiff's Complaint, ECF No. 10, by The Prudential Insurance Company of America (Defendant). 1 Kyle Bach (Plaintiff) resists. Neither party has requested a hearing, and a hearing is unnecessary. The Motion is fully submitted and ready for disposition. I. BACKGROUND 2 The Complaint alleges that Plaintiff is a former employee of Omaha Standard. Plaintiff was a participant in a...
