ENTRY ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT RICHARD L. YOUNG, Chief Judge. On August 20, 2008, Plaintiff, Wendy Walters ("Plaintiff"), filed her Complaint against the Geo Group, Inc. ("GEO") and the Indiana Department of Corrections ("IDOC") (collectively "Defendants"), alleging sexual harassment, retaliation, and constructive discharge under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. For the reasons set forth below, the court GRANTS in part, and DENIES in...
ENTRY ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT WILLIAM G. HUSSMANN, JR., Magistrate Judge. I. Introduction This matter is before the Honorable William G. Hussmann, Jr., United States Magistrate Judge 1 , on Plaintiff's Third Motion for Summary Judgment filed September 1, 2010. (Docket Nos. 124-25). Defendant filed a Response on September 27, 2010. (Docket No. 132). Plaintiff filed its Reply on October 4, 2010. (Docket No. 138). II. Facts For the purposes of this motion for summary...
ENTRY ON DEFENDANT RYAN MEARS' MOTION TO DISMISS TANYA WALTON PRATT, District Judge. This 1983 matter is before the Court on Defendant Ryan Mears' (" Mears ") 12(b)(6) Motion to Dismiss [Dkt. 25]. Plaintiff Toni Twyman (" Twyman ") brought the present action pursuant to 42 U.S.C. 1983, alleging that Mears and Brian Burton (" Burton ") (collectively, " Defendants "), undercover detectives with the Franklin Police Department (" FPD "), violated her constitutional rights by subjecting her...
AMENDED ENTRY ON PLAINTIFF'S PARTIAL SUMMARY JUDGMENT TANYA WALTON PRATT, District Judge. Plaintiff Agrigenetics, Inc. d/b/a Mycogen Seeds formerly d/b/a Mycogen Plant Sciences ( "Mycogen" ), filed this action for breach of contract and declaratory judgment. Defendant, Pioneer Hi-Bred International, Inc. ( "Pioneer" ), counterclaimed for declaratory judgment. This matter comes before the Court on Mycogen's Motion for Summary Judgment on whether Pioneer has breached the relevant terms and...
ENTRY ON DEFENDANT WELLS FARGO FINANCIAL BANK'S MOTION TO DISMISS AND PLAINTIFF'S MOTION TO AMEND COMPLAINT AND DEMAND FOR JURY TRIAL RICHARD L. YOUNG, Chief Judge. On February 22, 2010, Plaintiff, Victor Woods ("Plaintiff"), filed a Complaint against Defendants, Wells Fargo Financial Bank ("Wells Fargo") and Lloyd & McDaniel ("L & M"), alleging violations of the Fair Debt Collection Practices Act, 15 U.S.C. 1692 et seq., ("FDCPA"), and Fair Credit Reporting Act, 15 U.S.C. 1681 et...
ENTRY ON CROSS-MOTIONS FOR SUMMARY JUDGMENT TANYA WALTON PRATT, District Judge. This matter is before the Court on the parties' Cross-Motions for Summary Judgment [Dkt. 154 and Dkt. 158]. Plaintiff Lautzenhiser Technologies, LLC (" LT ") has brought suit for patent infringement against (1) Sunrise Medical HHG, Inc. doing business as Quickie Designs Inc. and Sunrise Medical Inc. (collectively, " Sunrise "); (2) PG Drives Technology, Inc. (" PG "); and (3) Delphi Medical Systems Corporation (...
ENTRY JANE MAGNUS-STINSON, District Judge. This Cause is before the Court on the motion of Defendant American United Life Insurance Company (" AUL ") for judgment on the pleadings against all of the claims of Plaintiff Trustee Robert V. Leimkuehler (the " Trustee ") under Fed. R.Civ.P. 12(c). [Dkt. 47.] For the reasons set forth herein, the motion is granted in part and denied in part. A motion for judgment on the pleadings under Rule 12(c) is evaluated under the same standard as a Rule 12(...
ENTRY ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT TANYA WALTON PRATT, District Judge. This matter is before the Court on a Motion for Summary Judgment [Dkt. 81] brought by Defendants: (1) New Albany Police Department Detective John Hall ("Hall"), and (2) the New Albany Police Department ( "NAPD" ) (collectively, "Defendants" ). This motion stems from Plaintiff Ashley Dakota Hendricks' ( "Plaintiff" ) allegations that she was subjected to false arrest, unlawful imprisonment, and illegal...
ORDER GRANTING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT SARAH EVANS BARKER, District Judge. This cause comes before the Court on Defendant's Motion for Summary Judgment [Docket No. 105] filed by Mazda Motor of America, Inc. d/b/a Mazda North American Operations ("Defendant") and brought pursuant to Federal Rule of Civil Procedure 56(c). Craig & Landreth Mazda and its officers, Larry Craig and James Smith ("Plaintiffs"), brought this lawsuit asserting (Counts I, III) breaches of...
ORDER ON DEFENDANTS' TWO SUMMARY JUDGMENT MOTIONS SARAH EVANS BARKER, District Judge. Plaintiffs, Sally Randall and Rona Pepmeier, each claim to have been the victims of gender discrimination while employed by Defendants, in violation of the Equal Pay Act (EPA) and Title VII of the Civil Rights Act. Defendants are all related entities engaged in the business of manufacturing turbine engines and parts and, unless there is a specific reason to differentiate among them, we will refer to them...
ENTRY MAGNUS-STINSON, District Judge. William L. Koss's Motion to Dismiss and Renewed Motion to Dismiss Plaintiff Indiana Forge, LLC, owns six patents covering apparatuses and methods used in the wood-veneer-cutting industry, Supplemental Complaint [dkt. 134] ("Complaint") 2, 12; Brand v. Miller, 487 F.3d 862 (Fed.Cir.), cert. denied, 552 U.S. 1038, 128 S.Ct. 650 , 169 L.Ed.2d 508 (2007), and plaintiff Capital Machine Co., Inc., is the exclusive licensee of the patents in the...
ENTRY ON PENDING MOTIONS FOR SUMMARY JUDGMENT DAVID F. HAMILTON, Circuit Judge Sitting by Designation. This case is the last contested portion of Multi-District Litigation No. 1313, In re AT & T Corporation Fiber Optic Cable Installation Litigation. The MDL case has managed and resolved claims arising from AT & T's installation of fiber optic cable in the 1980's along railroad corridors with permission from the railroads but without permission from the adjoining landowners. The plaintiffs...
ENTRY ON CROSS MOTIONS FOR SUMMARY JUDGMENT WILLIAM G. HUSSMANN, JR., United States Magistrate Judge. I. Introduction This matter is before the Honorable William G. Hussmann, Jr., United States Magistrate Judge, 1 on Plaintiff's Motion for Summary Judgment filed February 11, 2010. (Docket Nos. 60-63). Defendant K.S. b/n/f/ Andrea George-Jarrard ("K.S.") filed a Response on March 29, 2010. 2 (Docket Nos. 66-68). Defendant K.S. then filed a Cross Motion for Summary Judgment on March 30, 2010....
ORDER GRANTING MOTION FOR PRELIMINARY INJUNCTION SARAH EVANS BARKER, District Judge. This cause is before the Court on Plaintiffs', CDW LLC, CDW Direct LLC, and Berbee Information Networks Corporation (collectively "CDW"), Motion for Preliminary Injunction [Docket No. 1-4], filed on April 28, 2010. With that motion, CDW seeks an order enjoining Defendant NETech Corporation ("NETech") from using CDW's confidential information and trade secrets; contacting or soliciting CDW's customers;...
ORDER GRANTING MOTIONS FOR SUMMARY JUDGMENT SARAH EVANS BARKER, District Judge. This cause is before the Court on Defendant The Reliable Automatic Sprinkler Company's Motion for Summary Judgment [Docket No. 91], filed on May 1, 2009; and Defendant Ferguson Fire & Fabrication, Inc.'s Motion for Summary Judgment [Docket No. 93], filed on May 1, 2009. Plaintiff U.S. Automatic Sprinkler Co. has brought this cause of action against Defendants alleging breaches of the implied warranties of...
ORDER JANE MAGNUS-STINSON, District Judge. Indiana law permits a wine dealer to make off-premises deliveries of wine to a location designated by a customer only if the delivery is made by the dealer itself or a dealer's employee who holds an employee permit. Ind.Code 7.1-3-15-3(d). Plaintiffs Lebamoff Enterprises, Inc. d/b/a Cap N' Cork, is a Fort Wayne, Indiana wine dealer that would prefer to make off-premises deliveries through a common carrier rather than through its permitted...
LARRY J. McKINNEY, District Judge. ORDER ON DEFENDANT'S MOTION TO SUPPRESS This matter is before the Court on defendant's, Tyler Sanders ("Sanders"), Motion to Suppress and Request for Franks Hearing (Dkt. No. 29). See Franks v. Delaware, 438 U.S. 154 , 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978). The motion was fully briefed, and on April 22, 2010, the Court GRANTED Sanders' request for a Franks hearing, which it held in conjunction with the hearing on Sanders' Motion to Suppress. At the...
ORDER JANE MAGNUS-STINSON, District Judge. Presently before the Court are the parties' Cross-Motions for Summary Judgment, 1 [dkt. 80; 83], in this action seeking enforcement of inmates' rights to obtain kosher meals to properly exercise their religious beliefs during their incarceration at the Indiana Department of Correction. I. STANDARD OF REVIEW A motion for summary judgment asks that the Court find that a trial based on the uncontroverted and admissible evidence would—as a matter...
ORDER JANE MAGNUS-STINSON, District Judge. Presently before the Court is Defendant Firestone Natural Rubber Company's (" FNRC ") Motion for Judgment on the Pleadings or, in the Alternative, for Summary Judgment. [Dkt. 208]. As filed, it sought judgment under either Federal Rule of Civil Procedure 12(c) or Rule 56. But because the motion relied upon materials outside the pleadings—an impermissible circumstance for any judgment entered under Rule 12(c)—the Court previously announced that it...
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS SARAH EVANS BARKER, District Court. This cause comes before the Court on the Motion to Dismiss [Docket No. 72] filed by Defendants, Wellpoint, Inc. ("Wellpoint") and its officers and directors, 1 pursuant to Federal Rules of Civil Procedure 9(b) and 12(b)(6) and the Private Securities Litigation Reform Act ("PSLRA"), 15 U.S.C. 78u-4 et seq. Plaintiff Dorothy Wade brought this suit alleging that Defendants violated provisions of the Securities...
