OPINION AND ORDER SUSAN COLLINS , Magistrate Judge . Before the Court in this trip and fall case is a motion to dismiss Plaintiff Gloria J. Marrs's ("Marrs") amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by Defendant The City of Ligonier (the "City") on October 5, 2015. 1 (DE 23). In the motion, the City contends that Marrs's claims against it are barred by the statute of limitations. Marrs filed a response in opposition to the motion on October 19, 2015 (...
OPINION AND ORDER JON E. DEGUILIO , District Judge . Now before the Court is the Plaintiff's Unopposed Motion for Preliminary Approval of Class Action Settlement, filed by Plaintiff, Lou Ellen Chapman, on September 23, 2015 [DE 18]. The parties seek preliminary certification of a class, and the court's preliminary approval of the class settlement as set forth in the Class Settlement Agreement [DE 18-1]. Additionally, the parties ask the Court to appoint a class representative and class...
OPINION AND ORDER JOSEPH S. VAN BOKKELEN , District Judge . Plaintiff Matthew Bohannon seeks judicial review of the Commissioner of Social Security's decision denying him disability insurance benefits, and asks this Court to either reverse or remand the Commissioner's decision. For the reasons discussed below, the Commissioner's decision is remanded for further consideration. A. Overview of the Case Plaintiff is in his fifties, has an eighth-grade education, and previously worked as a...
OPINION AND ORDER ANDREW P. RODOVICH , Magistrate Judge . This matter is before the court on petition for judicial review of the decision of the Commissioner filed by the plaintiff, Michele L. Willingham, on September 16, 2014. For the following reasons, the decision of the Commissioner is REMANDED. Background The plaintiff, Michele L. Willingham, filed an application for Supplemental Security Income on February 28, 2011, alleging a disability onset date of February 28, 2011. (Tr. 20)....
OPINION AND ORDER PHILIP P. SIMON , Chief District Judge . Terrance D. Swann, a pro se prisoner, is suing prison guards Sgt. Thomas Potts, Sgt. Charles Wilson, and Lt. Christopher Dustin who are alleged to have used excessive force against him while he was being housed at the Indiana State Prison. The defendants have filed a motion for summary judgment (DE 53) on the ground that Swann did not properly exhaust his administrative remedies. Prisoners are prohibited from bringing an action...
OPINION AND ORDER SUSAN COLLINS , Magistrate Judge . Before the Court is a motion for sanctions filed by Plaintiff Equal Employment Opportunity Commission ("the EEOC"). (DE 26). In the motion, the EEOC requests that the Court sanction Defendant Office Concepts, Inc. ("Office Concepts"), for spoliation of evidence. The EEOC filed a memorandum in support of its motion (DE 27); Office Concepts has filed a response brief in opposition to the motion (DE 30); and the EEOC has filed a reply...
OPINION AND ORDER WILLIAM C. LEE , District Judge . This matter is before the court on the motion for summary judgment and memorandum in support filed by Defendants Mac McClesky and Larry Chase (DE 48 and 49). Plaintiff Robert Burns filed a response in opposition to the motion (DE 59) and the Defendants filed a reply brief (DE 64). For the reasons discussed below, the motion is DENIED. The court will schedule further proceedings in this case by separate order. BACKGROUND Plaintiff Robert...
OPINION AND ORDER THERESA L. SPRINGMANN , District Judge . The Defendant, Jodeci Rowland-Smith, pled guilty to being a felon in possession of ammunition in violation of 18 U.S.C. 922(g)(1). The probation officer drafted a Presentence Investigation Report (PSIR) in preparation for sentencing. This Opinion and Order resolves the Defendant's objection to the PSIR. BACKGROUND The Defendant is a convicted felon. In the evening hours of October 22, 2014, he purchased a box of TulAmmo .380...
OPINION AND ORDER JOSEPH S. VAN BOKKELEN , District Judge . Plaintiff Gary Jet Center, Inc., sued Defendant AFCO AvPorts Management, LLC, Defendant Gary/Chicago International Airport Authority, and five members of its board in a sixcount Complaint. Count I purports to assert a claim for "Violation of Contract Clause and 42 U.S.C. 1983." (Compl., Count I, DE 1, 124-132.) The parties agree Count I—the allegation that Defendants violated the Contracts Clause of the United States...
OPINION AND ORDER PAUL R. CHERRY , Magistrate Judge . This matter is before the Court on Defendant, Gasser Chair Co., Inc.'s, Itemization of Reasonable Expenses [DE 86], filed by Defendant Gasser Chair Co., Inc. ("Gasser") on November 24, 2015. Plaintiff Gloria Jones filed an objection on December 7, 2015, and Gasser filed a response on December 11, 2015. This matter originates in a FRCP Rule 37 Motion to Compel Discovery, filed by Gasser on October 9, 2015. On November 20, 2015, the...
OPINION AND ORDER JOHN E. MARTIN , Magistrate Judge . This matter is before the Court on: (1) Motion to Compel, filed twice [DE 144 and 145], by Plaintiffs on July 10, 2015; (2) Plaintiffs' Motion Requesting Leave of Court to Seal Reply [DE 175], filed by Plaintiffs on August 7, 2015; (3) Motion for Hearing on Plaintiffs' Motion to Compel [DE 178], filed by Defendants Goodyear Dunlop Tires North America ("GDTNA") and Harley-Davidson on August 10, 2015; (4) Motion to Strike Plaintiffs'...
OPINION AND ORDER PAUL R. CHERRY , Magistrate Judge . This matter is before the Court on Defendant/Third-Party Plaintiff, International Paper Company's Motion for Summary Judgment [DE 46], filed on October 29, 2015. For the reasons set forth below, the Court grants the Motion for Summary Judgment. PROCEDURAL BACKGROUND On October 10, 2013, Plaintiff Oliver Jackson filed a Complaint against Defendant International Paper Company in the Lake Circuit Court, Lake County, Indiana. Plaintiff...
OPINION AND ORDER PHILIP P. SIMON , CHIEF JUDGE . Vincent Thomas was fired from his job as a bus driver for the City of Michigan City after a video confirmed that he failed to stop at railroad tracks in violation of both Indiana law and Federal regulations. Thomas, who is African-American, says that he was the victim of race discrimination and that was the real reason for his termination. This case in now before me on the City's summary judgment motion. Because there is no evidence that...
OPINION AND ORDER ANDREW P. RODOVICH , Magistrate Judge . This matter is before the court on petition for judicial review of the decision of the Commissioner filed by the plaintiff, Mike Godsey, on September 24, 2014. For the following reasons, the decision of the Commissioner is REMANDED. Background The plaintiff, Mike Godsey, filed an application for Disability Insurance Benefits and Supplemental Security Income on February 6, 2013, alleging a disability onset date of October 31,...
OPINION AND ORDER WILLIAM C. LEE , District Judge . This matter is before the court for judicial review of a final decision of the defendant Commissioner of Social Security Administration denying Plaintiff's application for Disability Insurance Benefits and Supplemental Security Insurance, 42 U.S.C. 401 et seq. Section 205(g) of the Act provides, inter alia , "[a]s part of his answer, the [Commissioner] shall file a certified copy of the transcript of the record including the...
OPINION AND ORDER CHRISTOPHER A. NUECHTERLEIN , Magistrate Judge . On November 12, 2014, Plaintiff Steven Woods ("Woods"), proceeding pro se, filed his complaint in this Court seeking reversal of Defendant Acting Commissioner of Social Security's ("Commissioner"), final decision denying his application for Supplemental Security Income ("SSI"). On June 23, 2015, Woods filed an opening brief in support of his Social Security appeal. On April 5, 2015, the Commissioner filed a response...
OPINION AND ORDER JON E. DEGUILIO , Judge , United States District Court I. Introduction and Procedural Posture This is an appeal from an adversary proceeding relating to the Chapter 7 bankruptcy of Steven Bobinski. Mr. Bobinski's bankruptcy follows litigation between himself and his former spouse Julie Thomas (f.k.a. Julie Bobinski) regarding their three children. During that litigation, Martha Wischmeyer served as a guardian ad litem. In a stipulation approved by an Indiana state...
OPINION AND ORDER RUDY LOZANO , District Judge . This matter is before the Court on Defendants' Motion to Dismiss Amended Complaint, filed on April 6, 2015. For the reasons set forth below, this motion is DENIED in part and GRANTED in part. The motion is GRANTED as to (1) Plaintiff's Title VII claims arising from EEOC Charge Nos. 24B-2011-0040 and 24B-2013-0016; (2) Plaintiff's claims under Section 1981 and Section 1983; and (3) Plaintiff's claims against Diane Schweitzer. The...
OPINION AND ORDER WILLIAM C. LEE , District Judge . This matter is before the court for judicial review of a final decision of the defendant Commissioner of Social Security Administration denying Plaintiff's application for Supplemental Security Income and Disability Insurance Benefits, 42 U.S.C. 401 et seq. Section 205(g) of the Act provides, inter alia, "[a]s part of his answer, the [Commissioner] shall file a certified copy of the transcript of the record including the evidence...
OPINION AND ORDER JON E. DEGUILIO , District Judge . Michael Williams, a pro se prisoner, filed this habeas corpus case challenging two prison disciplinary hearings (WCC 15-04-0090 and WCC 15-04-0091) held at the Westville Correctional Facility on April 16, 2015. After he filed this petition, the Indiana Department of Correction ("IDOC") vacated the guilty finding and remanded the case for a new hearing. (DE 9-1.) Based on the IDOC's action, the respondent moves to dismiss the petition...
