OPINION AND ORDER WILLIAM C. LEE, District Judge. This matter is before the court on an appeal from the Bankruptcy Court for the Northern District of Indiana, Hammond Division. Appellant Woodhollow Loft, Inc., ("Woodhollow"), filed its opening brief on March 9, 2010. The Appellee/Cross Appellant, Sisters of St. Francis Health Services, Inc. d/b/a St. Margaret Mercy Healthcare Centers ("SSFHS"), filed its response on March 22, 2010, to which Woodhollow replied on April 6, 2010. SSFHS filed a...
ORDER JOSEPH S. VAN BOKKELEN, District Judge. On September 21, 2010, United States Magistrate Judge Roger B. Cosbey filed and served on the parties a report and recommendation on Plaintiffs' amended motion for attorney fees and costs (DE 70) and the parties' joint motion to add new plaintiffs, for final class certification, and for approval of their settlement agreement (DE 71). In his report and recommendation (DE 77), Judge Cosbey recommended that this Court grant the motions, and advised...
OPINION and ORDER JAMES T. MOODY, District Judge. I. INTRODUCTION This matter is before the court on two motions to dismiss. (DE ## 11, 16.) Plaintiffs Mario L. Sims, Tiffiny Sims, and T.C., a minor child by his parents as next friends and guardians (collectively the "plaintiffs"), filed a pro se complaint alleging that they were discriminated against on the basis of their race during the process of attempting to adopt a pet from a local animal shelter. The defendants in this case can be...
OPINION AND ORDER ROGER B. COSBEY, United States Magistrate Judge. I. INTRODUCTION Plaintiffs Rick Wells, Judy Humes, and Vern Smith bring this suit against their former employer, Defendant EMF Corp., under the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. 621 et seq. 1 (Docket # 1.) Plaintiffs assert that EMF discriminated against them due to their age when it terminated their employment in a purported reduction in force ("RIF"). On August 24, 2010, EMF moved for...
OPINION AND ORDER THERESA L. SPRINGMANN, District Judge. Plaintiff Forest River, Inc., and Defendant Heartland Recreational Vehicles, LLC, are competitors in the travel trailer, or recreational vehicle (RV), market. The Plaintiff has sued the Defendant over the Defendant's use of a drawing representing the floor plan of one of the Plaintiff's RVs. The Plaintiff alleges that the Defendant copied the floor plan from the Plaintiff in violation of federal copyright laws and used the drawing to...
OPINION AND ORDER WILLIAM C. LEE, District Judge. This is a declaratory judgment action filed by American Family Mutual Insurance Company ("American Family") against its insureds, Michael and Anne Bower ("the Bowers") and their son, Jonathan Bower ("Jonathan"). The sole issue in this case is whether American Family's homeowners policies provide coverage and a duty to defend for state law claims by Gabrielle Butler ("Butler") arising from an alleged sexual molestation by Jonathan, on the...
OPINION and ORDER ROGER B. COSBEY, Magistrate Judge. I. INTRODUCTION Barbara Brown is suing the individual Defendants, all police officers for the City of Fort Wayne, under 42 U.S.C. 1983, claiming they were needlessly destructive when they executed a search warrant at a house she owns and then took items not authorized under the warrant. She also alleges that she was arrested without probable cause for maintaining a common nuisance, a class D felony under Indiana law, which in turn led...
OPINION AND ORDER PAUL R. CHERRY, United States Magistrate Judge. This matter is before the Court on (1) a Motion for Summary Judgment [DE 171], filed by Defendants All Star Beverage, Inc., Prime Star Group, Inc. f/k/a American Water Star, Inc., All Star Beverage of Arizona, Inc., Geyser Beverage, Inc., Hawaiian Tropicals, Inc., Roger Mohlman, and Donna Mohlman (collectively "Defendants") on July 15, 2010; and (2) an Objection to and Motion to Strike Certain Designated Evidence [DE 184],...
OPINION AND ORDER RUDY LOZANO, District Judge. This matter is before the Court on: (1) Defendant Stephen J. Luecke's Motion to Dismiss Complaint as to Him (DE # 16), filed by Defendant Stephen J. Luecke on October 29, 2009; (2) the Motion to Dismiss Under Rule 12(b)(6) (DE # 24), filed by Defendant Shaun Donovan, Secretary of the United States Department of Housing and Urban Development, on December 9, 2009; (3) The Housing Authority's, Marva Leonard-Dent's, and the Commissioners' Motion to...
OPINION AND ORDER PAUL R. CHERRY, United States Magistrate Judge. This matter is before the Court on a Complaint [DE 1], filed by Plaintiff Ralph Cruz on August 27, 2009, and Plaintiff's Memorandum in Support of His Motion for Summary Judgment [DE 19], filed by Plaintiff on April 2, 2010. Plaintiff requests that the January 16, 2009, decision of the Administrative Law Judge to deny him disability insurance benefits be reversed or, alternatively, remanded for further proceedings. For the...
OPINION AND ORDER RUDY LOZANO, District Judge. This matter is before the Court on: (1) Motion for Summary Judgment of Third-Party Defendant Philadelphia Indemnity Insurance Company, filed on March 31, 2010; (2) Defendant/Third-Party Plaintiff, Nicole Turner-Ridley's, Motion for Partial Summary Judgment, filed on March 31, 2010; and (3) Motion of Third-Party Defendant Philadelphia Indemnity Insurance Company to Strike as Untimely Defendant/Third-Party Plaintiff Nicole Turner-Ridley's Response...
OPINION AND ORDER JOSEPH S. VAN BOKKELEN, District Judge. Jerome Clement, an insulin dependent Type I diabetic, took a morning break from his work to visit his home. On the way back to work, he became hypoglycemic and turned into the parking lot of a scrap yard. There, he drove the wrong way onto a truck scale and stopped, clogging the work traffic. When the workers asked him to move, he became unresponsive and muttered gibberish. Police was called and a struggle ensued when the responding...
OPINION AND ORDER ROGER B. COSBEY, United States Magistrate Judge. I. INTRODUCTION The Plaintiff, John Miller, is a shareholder of Defendants Up In Smoke, Inc. ("Up In Smoke"), and CR Smoke, Inc. ("CR Smoke"). On August 25, 2009, Miller brought suit based on diversity jurisdiction and in his own name against Up In Smoke, CR Smoke, Fats Enterprises, LLC, Charlotte Rodriguez ("C. Rodriguez"), Rudy Rodriguez ("R. Rodriguez"), and Estep Accounting Service, Inc, alleging, among other claims,...
OPINION AND ORDER ROGER B. COSBEY, United States Magistrate Judge. Plaintiff David L. Vincent appeals to this Court from a final decision of the Commissioner of Social Security ("Commissioner") denying his application under the Social Security Act (the "Act") for Disability Insurance Benefits ("DIB") and Supplemental Security Income ("SSI"). 1 (Docket # 1.) For the following reasons, the Commissioner's decision will be REVERSED and the case REMANDED for further proceedings. I. PROCEDURAL...
OPINION AND ORDER RUDY LOZANO, District Judge. This matter is before the Court on: (1) Defendant's Motion for Summary Judgment, filed by Defendant, Carefirst of Fort Wayne, Inc. d/b/a Advanced Healthcare, on April 30, 2010 (DE #14); and (2) Defendant's Motion to Strike Affidavit of Esteban Marcos Coria and Exhibit A to the Affidavit of Stephen J. Hoffman, filed by Defendant, Carefirst of Fort Wayne, Inc. d/b/a Advanced Healthcare, on June 14, 2010 (DE #18). For the reasons set forth below,...
OPINION and ORDER ROBERT L. MILLER, JR., District Judge. This matter is before the court on the parties' cross-motions for summary judgment concerning whether FedEx drivers 1 are employees or independent contractors under the Kansas Wage Payment Act, KAN. STAT. ANN. 44-313 et seq. Numerous summary judgment motions pend in both the certified and non-certified class-actions. This opinion sets forth facts commonly applicable to all certified class actions and addresses the Kansas...
OPINION and ORDER ROBERT L. MILLER, JR., District Judge. This matter comes before the court on the motion of Fort Wayne Women's Health and Dr. Ulrich G. Klopfer for preliminary injunction and on the Allen County Board of Commissioners' motion to dismiss. The court held a hearing on this matter on August 9, 2010, and the motions are ripe for decision. I. FACTS This case involves application of a county ordinance to an abortion provider and his clinic. The Allen County Board of Commissioners...
OPINION AND ORDER JAMES T. MOODY, District Judge. Defendant Wynell Gray has moved for a judgment of acquittal notwithstanding the verdict as to Counts 1 and 2 of the Indictment pursuant to FEDERAL RULE OF CRIMINAL PROCEDURE 29(c) (DE # 125) and for a new trial pursuant to RULE 33. (DE # 124.) The government has responded (DE # 136), and Gray has filed a reply (DE # 138) and a supplemental reply to the motion for a new trial. (DE # 141.) The following is a much-abbreviated summary of the...
OPINION and ORDER ROBERT L. MILLER, JR., District Judge. This matter is before the court on FedEx's motion for partial summary judgment seeking dismissal of the plaintiffs' ERISA claims for failure to exhaust administrative remedies. The plaintiff drivers brought this class action suit against FedEx pursuant to ERISA's denial of benefit provision, 29 U.S.C. 1132(a)(1)(B) (ERISA 502(a)(1)(B)). They claim FedEx violated ERISA by misclassifying them as independent contractors instead of...
OPINION AND ORDER ROGER B. COSBEY, United States Magistrate Judge. This matter is before the Court on the Defendants' Motion for Partial Summary Judgment. 1 (Docket #60.) Defendants Brigitte Holmes Livestock Company ("BHLC"), Steve Holmes ("Steve"), and Mervin Mishler ("Mervin") seek summary judgment on Counts II, IV, VIII, and X of the Plaintiffs' Second Amended Complaint, while Defendant Brigitte Holmes ("Brigitte") seeks summary judgment on Counts II, IV, VI, VIII, and X. 2 For the...
