ORDER DENYING PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION SARAH EVANS BARKER, District Judge. This cause is before the Court on Plaintiffs' Motion for Preliminary Injunction [Docket No. 7], filed on October 30, 2012. Plaintiffs, Grote Industries, LLC; Grote Industries, Inc.; William D. Grote III; William Dominic Grote, IV; Walter F. Grote, Jr.; Michael R. Grote; W. Frederick Grote, III; and John R. Grote bring this claim against Kathleen Sebelius in her official capacity as Secretary of the...
ORDER GRANTING DEFENDANT'S PARTIAL MOTION TO DISMISS SARAH EVANS BARKER, District Judge. This cause comes before the Court on Defendant's Partial Motion to Dismiss [Docket No. 15], filed May 30, 2012, pursuant to Rules 12(b)(6) and 9(b) of the Federal Rules of Civil Procedure. Defendant, Huntington National Bank, initially moved to dismiss Counts II, III, and IV of the Complaint [Docket No. 1] which Plaintiff, Roxanna Schott, filed on April 3, 2012. Following Plaintiff's voluntary dismissal...
ENTRY ON NATIONAL UNION'S MOTION FOR SUMMARY JUDGMENT RICHARD L. YOUNG, Chief Judge. Plaintiff, National Union Fire Insurance Company of Pittsburgh, PA ("National Union"), issued Commercial General Liability Policy No. GL 090-72-27 to Mead Johnson Nutrition Company for the policy period February 10, 2009 to February 10, 2010 (the "National Union Policy" or "Policy"). In the present case, National Union seeks a declaration that it had no duty to defend or indemnify Mead Johnson & Company and...
ENTRY ON MOTION TO DISMISS WILLIAM T. LAWRENCE, District Judge. This cause is before the Court on the Defendants' motion to dismiss (dkt. no. 20). The motion is fully briefed and the Court, being duly advised, DENIES the motion for the reasons set forth below. The Court also DENIES AS MOOT the Plaintiffs' Motion for Oral Argument (dkt. no. 27). I. PLAINTIFFS' ALLEGATIONS Plaintiff Judicial Watch, Inc. ("Judicial Watch") describes itself as "a non-profit organization that seeks to...
ENTRY ON JUDICIAL REVIEW TANYA WALTON PRATT, District Judge. Plaintiff, Sonja M. Phillips ("Ms. Phillips"), requests judicial review of the decision of Defendant, Michael J. Astrue, Commissioner of the Social Security Administration ("the Commissioner"), denying Ms. Phillips's application for Disability Insurance Benefits ("DIB"). For the reasons set forth below, the Commissioner's decision is AFFIRMED. I. BACKGROUND Ms. Phillips was born in 1972, is a high school graduate, and has...
ORDER JANE MAGNUS-STINSON, District Judge. Presently pending before the Court is Defendants' Motion for Partial Summary Judgment, [dkt. 78], which the Court GRANTS in part and DENIES in part for the reasons that follow. I. STANDARD OF REVIEW A motion for summary judgment asks that the Court find that a trial based on the uncontroverted and admissible evidence is unnecessary because, as a matter of law, it would conclude in the moving party's favor. See Fed. R. Civ. Pro. 56. To survive...
ENTRY and ORDERS DENISE K. LARUE, United States Magistrate Judge. Plaintiff's Motion for Protective Order [doc. 86] Defendants' Motion to Compel [doc. 94] This Cause comes before the Court on the above-entitled motions. Plaintiff Franklin United Methodist Home ("FUMH") seeks a protective order (1) facilitating its production of non-privileged documents that relate to its settlement agreement with non-party Lehman Brothers Special Financing, Inc. ("Lehman") and that are...
ORDER JANE MAGNUS-STINSON, District Judge. Presently before the Court in this employment matter are a Motion for Judgment on the Pleadings, [dkt. 18], and a Motion for Sanctions, [dkt. 23], both filed by Defendants Metropolitan School District of Decatur Township ( "MSD" ), Donald Stinson, Susan Adams, 1 Dr. Jeffrey Baer, Jon Bailey, and Bose McKinney & Evans ( "the Bose Firm" ). For the foregoing reasons, the Court grants the motions in part and denies them in part. I. BACKGROUND Mr....
ORDER JANE MAGNUS-STINSON, District Judge. Plaintiffs Michelle Lockhart and Erika Shick allege claims for intentional infliction of emotional distress, negligent infliction of emotional distress, and invasion of privacy by intrusion upon seclusion, stemming from an observed urine collection drug test ordered by their employer, Defendant The Western and Southern Life Insurance Company (" Western & Southern "). 1 Presently pending before the Court are two motions for summary judgment. First,...
ORDER ON PENDING MOTIONS SARAH EVANS BARKER, District Judge. This cause is before the Court on cross-motions for summary judgment [Docket Nos. 24 and 27], filed on September 2, 2011. Plaintiff, A.B., by his Parents and Next Friends Richard and Christa Bell (collectively, "the Parents"), brings this action against Defendants, Franklin Township Community School Corporation and RISE Special Services (collectively, "the School"), alleging that Defendants denied A.B. a free, appropriate public...
ENTRY SARAH EVANS BARKER, District Judge. Viola Johnson ("Johnson") seeks judicial review of a final decision by the Commissioner of the Social Security Administration ("Commissioner") denying her application for Disability Insurance Benefits ("DIB") under Title II of the Social Security Act. See 42 U.S.C 416(i), 423(d). To be eligible for DIB, a claimant must prove she is unable to engage in any substantial gainful activity by reason of a medically determinable physical or mental...
Order on Defendant's Motion to Exclude Expert Testimony DEBRA McVICKER LYNCH, United States Magistrate Judge. Defendant NETech Corporation moves (Dkt. 256) to exclude on Daubert grounds expert testimony by Mark Hosfield regarding damages, including lost profits, suffered by the plaintiffs because of NETech's alleged tortious misconduct in raiding employees and customers of CDW's Indianapolis branch. CDW's Allegations in the Amended Complaint 1 The plaintiffs and defendant NETech are...
ORDER ON PLAINTIFF'S MOTION FOR LEAVE TO AMEND TIM A. BAKER, Magistrate Judge. I. Introduction Plaintiff seeks to amend her complaint to introduce Americans with Disabilities Act and Family Medical Leave Act claims into this age, race, and sex discrimination case. Defendant asserts that these proposed claims are futile because the ADA claims were not set forth in the EEOC charge and the FMLA claims are untimely. Plaintiff did not file a reply brief in support of her motion. For the reasons...
ORDER ON DEFENDANT ENTERPRISE ELECTRICAL & MECHANICAL COMPANY'S MOTION TO DISMISS OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT (Docket No. 59) SARAH EVANS BARKER, District Judge. This cause is before the Court on Defendant Enterprise Electrical & Mechanical Co.'s ("Enterprise") Motion to Dismiss, or in the Alternative, Motion for More Definite Statement [Docket No. 59], filed on February 13, 2012. Plaintiffs, Indiana Electrical Workers Pension Benefit Fund and James Tsareff (...
ENTRY ON PRELIMINARY INJUNCTION TANYA WALTON PRATT, District Judge. This matter comes before the Court on Plaintiff Arthur Yochim's ("Mr. Yochim") Motion for Preliminary Injunction. Mr. Yochim, a 59 year old Indiana citizen, has been blind since birth due to a condition called retinopathy. Since moving to Indiana in 2007, Mr. Yochim has been a client of the Indiana Family and Social Services Administration ("FSSA"), the Division of Disability and Rehabilitative Services ("DDRS"), and the...
ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION REGARDING THE FEDERAL STATUTORY CLAIM, AND STAYING A RULING ON THE INDIANA STATUTORY CLAIM PENDING CERTIFICATION TO THE INDIANA SUPREME COURT SARAH EVANS BARKER, District Judge. The Court has considered Plaintiff's objections to the Magistrate Judge's Report and Recommendation [Docket No. 38] regarding Defendant Gaylor, Inc.'s Motion to Dismiss, in which the Magistrate Judge proposes that Plaintiff Joshua S. Lewis's claims...
ORDER DENYING PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION SARAH EVANS BARKER, District Judge. This cause is before the Court on Plaintiffs' Motion for Preliminary Injunction [Docket No. 12], filed on April 16, 2012, pursuant to Rule 65 of the Federal Rules of Civil Procedure. Plaintiffs, Corre Opportunities Fund, LP, Zazove Associates LLC, DJD Group LLLP, First Derivatives Traders LP, and Kevan A. Fight, seek a preliminary injunction barring Defendants, Emmis Communications Corporation ("...
ORDER DENYING PLAINTIFF'S MOTION FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT SARAH EVANS BARKER, District Judge. Before the Court is Plaintiff's Motion for Leave to File a Second Amended Complaint [Docket No. 100], filed on November 8, 2010. Plaintiff's motion comes in response to this court's September 22, 2010 order [Docket No. 99] dismissing the First Amended Complaint ("FAC") without prejudice. At that time, we found that the FAC fell short of the heightened pleading requirements...
ENTRY ON MOTION FOR PARTIAL SUMMARY JUDGMENT WILLIAM T. LAWRENCE, District Judge. This cause is before the Court on the motion of Defendant C.R. England, Inc., entitled Motion to Apply Indiana Substantive Law and Related Motion for Partial Summary Judgment (dkt. no. 51). The Court, being duly advised, GRANTS the Defendant's motion for the reasons set forth below. I. FACTUAL BACKGROUND The following material facts are not in dispute. The claims in this case arise from a motor vehicle...
ENTRY ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT TANYA WALTON PRATT, District Judge. This matter is before the Court on Defendants' Motion for Summary Judgment. This dispute arises from allegations by Plaintiff, Miguel Gutierrez, ("Mr. Gutierrez") against Defendants, The City of Indianapolis ("the City"), Michael R. Kermon ("Officer Kermon"), and Jason M. Thalheimer ("Officer Thalheimer") (collectively, "Defendants"), alleging violations of his constitutional rights under 42 U.S.C. 1983 1...
