SCHEDULING ORDER AND MEMORANDUM OF STATUS CONFERENCE MICHAEL G. GOTSCH, SR. , Magistrate Judge . In accordance with Fed. R. Civ. P. 26(f), a Rule 16 Preliminary Pretrial Conference was held on February 20, 2018, plaintiff(s) were represented by Elliot R. Slosar and defendant(s) were represented by Michelle K. Floyd and Martin W. Kus. 1. Pre-Discovery Disclosures . The parties will exchange the information required by Fed. R. Civ. P. 26(a)(1) by February 28, 2018. 2. Discovery Plan ....
FINDINGS AND RECOMMENDATION OF THE MAGISTRATE JUDGE UPON PLEAS OF GUILTY BY DEFENDANT BRONTE MILTON PAUL R. CHERRY , District Judge . TO: THE HONORABLE THERESA L. SPRINGMANN, UNITED STATES DISTRICT COURT Upon Defendant Bronte Milton's request to enter pleas of guilty pursuant to Rule 11 of the Federal Rules of Criminal Procedure, this matter came for hearing before Magistrate Judge Paul R. Cherry, on December 21, 2018, with the consent of Defendant Bronte Milton, counsel for Defendant...
FINDINGS AND RECOMMENDATION OF THE MAGISTRATE JUDGE UPON A PLEA OF GUILTY SUSAN COLLINS , Magistrate Judge . TO: THE HONORABLE THERESA L. SPRINGMANN, CHIEF JUDGE, UNITED STATES DISTRICT COURT Upon Defendant's request to enter a plea of guilty pursuant to Rule 11 of the Federal Rules of Criminal Procedure, this matter came on for hearing before U.S. Magistrate Judge Susan Collins, on December 18, 2018, with the written consents of Defendant, counsel for Defendant, and counsel for the...
AMENDED OPINION AND ORDER PAUL R. CHERRY , Magistrate Judge . This matter is before the Court on Plaintiff's Motion for Ruling on Inapplicability of Bankruptcy Stay [DE 74] filed by Plaintiff Willie T. Donald on December 4, 2018. No response to the motion was filed. Defendant Bruce Outlaw has filed for bankruptcy in the Northern District of Indiana. In the instant motion, Plaintiff seeks a Court order declaring that Plaintiff's claims do not fall under the automatic stay provisions of 11...
OPINION AND ORDER PHILIP P. SIMON , District Judge . Ronald Wright, a prisoner without a lawyer, filed a habeas corpus petition challenging a disciplinary hearing (SBW 18-01-0004) where a Disciplinary Hearing Officer (DHO) found him guilty of violating a condition of the Community Re-Entry Center/Community Transition Program in contravention of Indiana Department of Correction (IDOC) policy B-250 on January 8, 2018. ECF 2 at 1. As a result, he was sanctioned with the loss of 30 days earned...
OPINION AND ORDER PHILIP P. SIMON , District Judge . Nathan Romine, a prisoner without a lawyer, seeks habeas corpus relief from a finding of guilt by a disciplinary hearing officer that he aided in the vicious assault of another inmate in violation of Indiana Department of Correction Policy B-212/240. DE 1 at 1. Romine was docked 45 days of good time credit due to the finding of guilt and received other penalties as well. Romine's principal argument is that an investigative report said...
OPINION AND ORDER ROBERT L. MILLER, JR. , District Judge . Pursuant to parties' stipulated motion to dismiss [Doc. No. 20], filed by defendant and Fed. R. Civ. P. 41(a)(1)(A)(ii), this case is DISMISSED with prejudice. The Clerk is directed to enter judgment accordingly. SO ORDERED.
OPINION AND ORDER THERESA L. SPRINGMANN , District Judge . This matter is before the Court on the Motion for Summary Judgment [ECF No. 25], filed by Defendant BRC Rubber & Plastics, Inc. The Plaintiff, Alma Cardona, filed this action against her former employer asserting that she was harassed "because of her sex, female, and national origin, Honduran," which created a hostile work environment. (Compl. 25, 26.) The Defendant submits that it is entitled to judgment as a matter of law...
OPINION AND ORDER PAUL R. CHERRY , Magistrate Judge . This matter is before the Court on a Motion for Sanction/Report Rule 37 [DE 70], filed by Plaintiff Tyquan Stewart on November 26, 2018. Defendants filed a response on December 10, 2017. Plaintiff has not filed a reply, and the time to do so has passed. Plaintiff asks the Court to sanction Defendants for failing to allow him enter the jail to inspect the jail. Plaintiff represents that he filed a motion to inspect the jail, which...
OPINION AND ORDER ANDREW P. RODOVICH , Magistrate Judge . This matter is before the court on the Motion for Discovery Sanctions for Failure to Comply with Court's Prior Discovery Order (Docket No. 39) and Brief in Support [DE 43] filed by the defendant, Wardlaw Claim Service, LLC, on August 16, 2018. For the following reasons, the motion is GRANTED. Background The plaintiff, Marlo Solomon, filed her Complaint on November 30, 2017, alleging violations of Title VII of the Civil Rights...
OPINION AND ORDER PHILIP P. SIMON , District Judge . The Gonzalez family plaintiffs filed a motion seeking default judgment as a discovery sanction. [DE 118.] The motion, memorandum in support and exhibits were filed under seal, along with a motion requesting permission to seal those documents. [DE 117, 118, 119.] I referred the motion for default judgment to Magistrate Judge Gotsch, who had presided over the discovery in this case, for a report and recommendation. [DE 122.] Judge Gotsch...
OPINION AND ORDER ROBERT L. MILLER, JR. , District Judge . Biomet moved for summary judgment contending that Debra Nunn's claims are barred by the Nebraska's statute of repose. For the following reasons, the motion is granted. Summary judgment is appropriate when the pleadings, discovery materials, disclosures, and affidavits demonstrate no genuine issue of material fact, such that the movant is entitled to judgment as a matter of law. Protective Life Ins. Co. v. Hansen, 632 F.3d 388 ,...
OPINION AND ORDER PAUL R. CHERRY , Magistrate Judge . This matter is before the Court on Plaintiff's Motion for Ruling on Inapplicability of Bankruptcy Stay [DE 74] filed by Plaintiff Willie T. Donald on December 4, 2018. No response to the motion was filed. Defendant Bruce Outlaw has filed for bankruptcy in the Northern District of Indiana. In the instant motion, Plaintiff seeks a Court order declaring that Plaintiff's claims do not fall under the automatic stay provisions of 11 U.S.C....
OPINION AND ORDER JOSEPH S. VAN BOKKELEN , District Judge . This matter is before the Court on Defendant Charles Ringger's motion (DE 45) to suppress his statements to law enforcement officers made during the execution of a search warrant. The Court held an evidentiary hearing on the motion in two installments. The motion is now ripe for decision. A. Background On September 11, 2013, Defendant Ringger was employed by and working as a pharmacist at North Anthony Pharmacy in Fort Wayne,...
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 (DIB), as provided for in the Social Security Act. 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 upon which...
OPINION AND ORDER SUSAN COLLINS , Magistrate Judge . Before the Court in this more than three-year-old case are two motions to strike (DE 103; DE 105), together with supporting memorandums (DE 104; DE 106), filed by Defendants, seeking to strike Plaintiff's jury demand filed on November 27, 2018 (DE 102). The motions to strike are now fully briefed (DE 107; DE 108) and ripe for ruling. For the following reasons, Defendants' motions to strike will be GRANTED. A. Background Plaintiff...
OPINION and ORDER JAMES T. MOODY , District Judge . Plaintiffs William and Sharon Tutlewski ("plaintiffs") bring multiple claims against Officers Erik Palleson and Larry Powell of the Chesterton Police Department ("defendants"). (DE # 1 at 1-3.) The matter is now before the court on defendants' motion to dismiss. (DE # 7.) For the reasons set forth below, the motion will be granted. I. BACKGROUND On May 21, 2016, plaintiffs were driving northbound on South Calumet Road when they were...
OPINION AND ORDER JOHN E. MARTIN , Magistrate Judge . This matter is before the Court on a Motion to Extend Discovery [DE 35] and Plaintiff's Motion to Compel [DE 36], filed by Plaintiff on November 27, 2018. On December 10, 2018, Defendant filed responses to the motions, and on December 17, 2018, Plaintiff filed replies. Plaintiff requests that the Court compel certain information requested in discovery and extend the fact discovery deadline. Pursuant to Federal Rule of Civil Procedure...
OPINION AND ORDER PAUL R. CHERRY , Magistrate Judge . This matter is before the Court on a Complaint [DE 1], filed by Plaintiff Jacob W. Burke on May 30, 2018, and a Social Security Opening Brief of Plaintiff [DE 16], filed on September 24, 2018. Plaintiff requests that the May 19, 2017 decision of the Administrative Law Judge denying his claim for disability insurance benefits and supplemental security income be reversed and remanded for further proceedings. On October 31, 2018, the...
OPINION AND ORDER PAUL R. CHERRY , Magistrate Judge . This matter is before the Court on a Motion to Quash [DE 50], filed by Defendant Indiana State Police Department ("ISP") on November 8, 2018. This matter is also before the Court on "Plaintiff's Motion to Object/Oppose to the Defendants Motion to Quash" [DE 51] and a document titled "Fed. Rules of Civil Procd. Rule 18(a) & Rule 20(a)(1)(A)" [DE 52], both filed by Denice Martin, Quinton Martin, and Anthony Martin on November 21, 2018....
