RULING REVERSING DENIAL OF BENEFITS AND REMANDING FOR FURTHER PROCEEDINGS STEPHANIE M. ROSE , District Judge . Plaintiff Brenda L. Prevett seeks judicial review of a decision of an administrative law judge ("ALJ") denying her application for Social Security disability benefits. [ECF No. 1]. For the reasons set forth below, the Court reverses and remands for further proceedings. I. STANDARD OF REVIEW In reviewing the decision of an ALJ denying social security benefits, a court must first "...
JUDICIAL REVIEW DECISION CHARLES R. WOLLE , District Judge . Plaintiff Adam Hessenflow alleges he is disabled. He seeks supplemental security income under Title XVI of the Social Security Act. The ALJ found plaintiff has the following severe impairments: paranoid schizophrenia and mood disorders. The ALJ concluded plaintiff retains the residual functional capacity to perform his past relevant work as a metal furniture assembler. The court held a judicial review hearing by telephone...
ORDER REBECCA GOODGAME EBINGER , District Judge . I. INTRODUCTION AND BACKGROUND Now before the Court is the Government's Appeal of Magistrate's Release. ECF No. 235. The Order being appealed was entered by United States Magistrate Judge Sheila K. Oberto in the Eastern District of California on November 23, 2016. 1:16-mj-153-EPG, E.D. Ca., ECF No. 10. The Order allowed for the release of Defendant Sergio Dejesus 1 Cervantes pending trial with a $10,000 cash bond and specified conditions....
ORDER JOHN A. JARVEY , Chief Judge UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF IOWA Keokuk Glycerin, LLC, is a glycerin refinement company partially owned and managed by John Rothgeb. In 2009, Keokuk planned to sell its operation to GreenMan Technologies. Before that deal could close, Keokuk had to produce 15,000 gallons of industrial grade glycerin. Glycerin must be at least 95% pure and meet several other quality standards to be industrial grade. Keokuk tracked the purity of its...
ORDER ROBERT W. PRATT , Judge, U.S. DISTRICT COURT . Before the Court is Defendant Jacob William Mathis's pro se motion filed on November 4, 2016, requesting this Court to terminate his remaining term of supervised release. Clerk's No. 48. The Government filed a response in opposition to the motion on November 8, 2016, and a supplemental response at this Court's request on December 16, 2016. Clerk's Nos. 50, 53. The matter is fully submitted. I. PROCEDURAL HISTORY On February 17, 2012,...
ORDER ROBERT W. PRATT , Judge, U.S. DISTRICT COURT . On June 15, 2016, Lisa Lewis-Ramsey and Deborah K. Jones ("Plaintiffs"), on behalf of themselves and all others similarly situated, filed a Second Amended Complaint against the Evangelical Lutheran Good Samaritan Society ("Defendant"), asserting claims for: (1) failure to pay overtime compensation between January 1, 2015 and October 13, 2015; (2) failure to pay overtime compensation between October 13, 2015 and November 7, 2015; and (3)...
ORDER ON PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION, STATE DEFENDANTS' MOTION TO DISMISS, AND CITY OF DES MOINES'S MOTION TO DISMISS STEPHANIE M. ROSE , UNITED STATES DISTRICT JUDGE . I. INTRODUCTION The Fort Des Moines Church of Christ, Plaintiff, alleges state and municipal antidiscrimination laws unconstitutionally interfere with its First and Fourteenth Amendment rights. Plaintiff would like to communicate messages that would place qualifications based on gender identity on who may...
ORDER ROBERT W. PRATT , Judge , U.S. DISTRICT COURT. Before the Court are two Motions to Suppress, one filed by Defendant Beau Croghan in Case No. 1:15-cr-48 ("Croghan"), and one filed by Defendant Steven Horton in Case No. 1:15-cr-51 ("Horton"). Croghan Clerk's No. 33; Horton Clerk's No. 45. The Government filed an identical resistance brief in each case. Croghan Clerk's No. 36; Horton Clerk's No. 49. Because the facts leading to each Defendant's arrest are fundamentally the same, the...
ORDER JAMES E. GRITZNER , Senior Judge, U.S. DISTRICT COURT This matter is before the Court on a Motion for Conditional Collective Action Certification (the Motion) pursuant to the Fair Labor Standards Act (FLSA), 29 U.S.C. 216(b), by Plaintiff Brandon Tegtmeier (Tegtmeier or Plaintiff), on behalf of himself and similarly situated delivery drivers of Defendant PJ Iowa, L.C. (PJ Iowa). PJ Iowa resists. Neither party requested a hearing on the Motion, and the Court finds a hearing is...
ORDER RE: DEFENDANT ABENDROTH & RUSSELL'S MOTION TO DISMISS FOR LACK OF JURISDICTION REBECCA GOODGAME EBINGER , UNITED STATES DISTRICT JUDGE . I. INTRODUCTION Now before the Court is Defendant Abendroth & Russell, P.C.'s Motion to Dismiss for Lack of Jurisdiction. ECF No. 9. The motion is resisted by Plaintiff Patrick L. Jackson, on behalf of himself and others similarly situated. Pl.'s Br. Opp'n Def.'s Mot. Dismiss Lack Jurisdiction, ECF No. 10. The matter came before the Court for...
MEMORANDUM OPINION AND ORDER ROBERT W. PRATT , Judge U.S. DISTRICT COURT . Plaintiff, Katharine Elizabeth Collis, filed a Complaint in this Court on February 2, 2016, 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 applications for benefits on May...
ORDER JAMES E. GRITZNER , Senior Judge , U.S. DISTRICT COURT This matter is before the Court on a Motion for Preliminary Injunction by Plaintiff Dickten Masch Plastics, LLC (Dickten Masch), ECF No. 12, and a Motion to Dismiss by Defendants Angela Williams, Patricia Lipski, Mathew Hosford, Tom Conley, Douglas Oelschlaeger, Lily Lijun Hou, and Lawrence Cunningham, in their official capacities as Iowa Civil Rights Commissioners (the State Defendants), ECF Nos. 20, 27. The State Defendants...
ORDER JAMES E. GRITZNER , Senior Judge, U.S. DISTRICT COURT . This matter is before the Court on a Motion for Summary Judgment pursuant to Federal Rule of Civil Procedure 56 filed by Defendant Vaughn Elder (Elder), which Plaintiff Ag Spectrum Company (Ag Spectrum) resists, and a cross-Motion for Partial Summary Judgment as to breach of contract filed by Ag Spectrum, which Elder resists. A hearing on a discrete issue pertaining to the Motions was held on March 15, 2016, at which attorney...
ORDER JAMES E. GRITZNER , Senior Judge U.S. DISTRICT COURT . Before the Court is a Motion to Set Aside Judgment pursuant to Federal Rule of Civil Procedure 60(b) filed by Defendant Giovanti Homes, LLC (Giovanti Homes). The Court conducted a hearing on the motion on April 27, 2016. Attorney David Nelmark was present on behalf of Plaintiff Christopher Feldhacker. Attorneys Bradley M. Beaman and Mitch Nass were present on behalf of Defendant Giovanti Homes. Attorney Matthew Sease was present...
ORDER JAMES E. GRITZNER , Senior Judge, U.S. DISTRICT COURT . This matter is before the Court on a Second Motion to Dismiss for Failure to State a Claim (Motion to Dismiss) pursuant to Federal Rule of Civil Procedure 12(b)(6), ECF No. 22, and a Motion for Order Allowing Defendant to Deposit Settlement Funds With Court (Rule 67 Motion) pursuant to Federal Rule of Civil Procedure 67, ECF No. 32, brought by Defendant PJ Iowa, L.C. (PJ Iowa). Plaintiff Brandon Tegtmeier (Tegtmeier), on behalf...
ORDER JAMES E. GRITZNER , Senior Judge U.S. DISTRICT COURT . This matter is before the Court on Motion pursuant to Federal Rule of Civil Procedure 12(b)(6) by Defendant Vaughn Elder (Elder) to dismiss Part V of the Amended Complaint filed by Plaintiff Ag Spectrum Company (Ag Spectrum). A hearing on a discrete issue pertaining to the Motion was held on March 15, 2016, at which attorney Elliott McDonald III was present representing Ag Spectrum and attorney Mark Tarnow was present...
ORDER JAMES E. GRITZNER , Senior Judge , U.S. DISTRICT COURT. Before the Court is a Motion for Partial Dismissal pursuant to Fed. R. Civ. P. 12(b)(6) brought by Defendants Giovanti Homes (Giovanti), MRD, L.L. (MRD), and Michael DeMaris (DeMaris) (collectively, Defendants). Plaintiff Christopher Feldhacker (Feldhacker) resists. The Court conducted a hearing on the motion on February 22, 2016. Attorney David Nelmark was present representing Feldhacker. Attorneys Bradley M. Beaman and...
ORDER ON MOTION FOR RELEASING AND DISCHARGING JUDGMENT JAMES E. GRITZNER , Senior Judge, U.S. DISTRICT COURT . This matter comes before the Court on Motion by Defendant BNSF Railway Co. (BNSF) pursuant to Federal Rule of Civil Procedure 60(b)(5), requesting an order releasing and discharging judgment. Plaintiff Randall E. Marlin (Marlin) resists. The parties have not requested a hearing, and the Court finds a hearing is unnecessary in resolution of this matter. The Motion is fully...
ORDER JAMES E. GRITZNER , Senior Judge , U.S. DISTRICT COURT This matter comes before the Court on a Motion for Summary Judgment filed by Defendants Steven Leath (Leath), Warren Madden (Madden), Thomas Hill (Hill), and Leesha Zimmerman (Zimmerman), which Plaintiffs Paul Gerlich (Gerlich) and Erin Furleigh (Furleigh) resist, and a cross-Motion for Summary Judgment filed by Plaintiffs, which Defendants resist. A hearing on both Motions was held on November 18, 2015. Attorney Robert Corn-...
