DEFENDANT GUZMAN-CORDOBA'S MOTION TO SEVER TANYA WALTON PRATT , District Judge . The defendant, Angelica Guzman-Cordoba, by counsel, Belle T. Choate, moves the Court to sever her case from the other Defendants in this matter and hear her case as previously scheduled. In support, Ms. Cordoba states: 1. That Counsel Choate contacted AUSA Klump but does not know if she objects. 2. That Ms Cordoba seeks a severance from the other defendants because she objects to a continuance and wishes to...
ORDER ON DISCOVERY CONFERENCE MATTHEW P. BROOKMAN , Magistrate Judge . This matter came before the Honorable Matthew P. Brookman, United States Magistrate Judge, by telephone, at 3:00 p.m., Evansville time (CST), on Friday, August 3, 2018, for a hearing under Rule 16, Federal Rules of Civil Procedure. Ms. Walton appeared pro se and First Merchants Bank was represented by counsel, David Tittle and Alex Rodger. The Court addressed numerous outstanding motions in the matter and heard...
ORDER ON DEFENDANTS' MOTIONS TO DISMISS TIM A. BAKER , Magistrate Judge . Plaintiff William Wynant filed a complaint alleging Defendant Patricia Kowaluk negligently collided with Wynant while driving Defendant John Withrow, Jr.'s vehicle in Pittsburgh, Pennsylvania. In lieu of an answer, Kowaluk filed a motion to dismiss [Filing No. 11] based on a lack of personal jurisdiction under Rule 12(b)(2), which Withrow joined. [Filing No. 14.] The Court acknowledges that it lacks personal...
ORDER ON DEFENDANT'S MOTION TO SUPPRESS TANYA WALTON PRATT , District Judge . This matter is before the Court on Defendant Sevon Thomas' ("Thomas") Motion to Find Unconstitutional the Stop, Seizure, Search and Arrest of Sevon Thomas and to Subsequently Suppress the Fruits of the Poisonous Tree, (Filing No. 60). Thomas is charged with violating 21 U.S.C. 841(a)(1) and 841(b)(1)(A), possession with intent to distribute methamphetamine, and 18 U.S.C. 924(c)(1)(A)(i), possession of a...
ORDER ON DEFENDANTS' MOTIONS TO DISMISS TIM A. BAKER , Magistrate Judge . Plaintiff William Wynant filed a complaint alleging Defendant Patricia Kowaluk negligently collided with Wynant while driving Defendant John Withrow, Jr.'s vehicle in Pittsburgh, Pennsylvania. In lieu of an answer, Kowaluk filed a motion to dismiss [Filing No. 11] based on a lack of personal jurisdiction under Rule 12(b)(2), which Withrow joined. [Filing No. 14.] The Court acknowledges that it lacks personal...
ENTRY JANE MAGNUS-STINSON , District Judge . Plaintiff Joseph Memory filed this lawsuit in January 2018, alleging that students at Earlham College put his name on a social media "Black List" accusing him and other individuals of committing sexual misconduct. [Filing No. 1; Filing No. 37.] The substance of Mr. Memory's allegations is not currently at issue. Rather, at issue is the repeated failure of Mr. Memory and his counsel to comply with court orders, deadlines, and discovery...
ORDER ON MOTION FOR RELIEF FROM JUDGMENT TANYA WALTON PRATT , District Judge . This matter is before the Court on Plaintiff Dawne A. Sanzone's ("Sanzone") Motion for Relief from Judgment filed pursuant to Federal Rule of Civil Procedure 60(b) (Filing No. 103). Following the grant in part and denial in part of a Motion for Summary Judgment (Filing No. 84) filed by Defendants Officer William Murphy ("Officer Murphy"), Officer James Gray ("Officer Gray"), Other Unknown Officers and Personnel...
ENTRY ON RICHARDS' MOTION TO RECONSIDER TANYA WALTON PRATT , District Judge . This matter is before the Court of a Motion to Reconsider filed pursuant to Federal Rule of Civil Procedure 59(e) by Plaintiff Nichole L. Richards. (Filing No. 55.) On July 16, 2018, the Court granted PAR, Inc.'s and Lawrence Towing, LLC's (collectively, "Defendants") Motion for Summary Judgment, finding Richards did not have a valid claim under the Fair Debt Collection Practices Act ("FDCPA") because the...
ORDER ON DEFENDANT'S MOTIONS TO EXCLUDE EXPERT TESTIMONY SARAH EVANS BARKER , District Judge . Plaintiff sued Defendant under 42 U.S.C. 1983 for deliberate indifference to the serious medical needs of Nicholas Glisson, who died while in the custody of the Indiana Department of Corrections ("the DOC"). Alma Glisson, the personal representative of Mr. Glisson's estate, brought this lawsuit asserting that the medical care provided by the DOC's chosen provider, Defendant Correctional Medical...
ORDER Hon. Jane Magnus-Stinson , Chief Judge . In 2016, Rembrandt Enterprises, Inc. (" Rembrandt ") entered into an agreement to sell cage-free eggs to Rexing Quality Eggs (" Rexing "), the doing-business-as designation for Leo and Joseph Rexing's egg selling partnership. 1 The contract required Rembrandt to provide Rexing with approximately 3,240,000 eggs per week for one year, 2 subject to possible extensions. But cracks quickly formed in parties' relationship, which ultimately...
OPINION and ORDER ROBERT L. MILLER, JR. , District Judge . Defendant Commercial Union Insurance Company (now know as, and referred to here as, Lamorak Insurance Company) moves for final judgment pursuant to Federal Rule of Civil Procedure 54(b) on the June 18, 2018, opinion and order granting its motion for summary judgment. [Doc. No. 1136]. For the following reasons, the motion is denied. Rule 54(b) "is not intended to provide an option to the district court to certify issues for...
ENTRY GRANTING PETITIONER'S MOTION TO VACATE CONVICTION AND DIRECTING ENTRY OF FINAL JUDGMENT TANYA WALTON PRATT , District Judge . This matter is before the Court on Petitioner Denny Ray Anderson's ("Anderson") Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. 2255 (" 2255 Motion") (Dkt. 1). Anderson filed the present motion alleging that his guilty plea was not "intelligent, knowing, or voluntary in violation of" the Due Process Clause and that his trial counsel...
ORDER DORIS L. PRYOR , Magistrate Judge . This matter comes before the Court on the Plaintiff's Motion for Depositions (Dkt. 91). The Motion was referred to the Undersigned for a ruling and, for the reasons set forth below, is hereby DENIED. In the present Motion, the Plaintiff requests leave to take depositions of twenty-one (21) employees of the United States Postal Service and further requests that the Court provide a court reporter or stenographer for said depositions. The...
ORDER ON MOTION TO COMPEL AND REQUEST FOR SANCTIONS DORIS L. PRYOR , Magistrate Judge . This matter comes before the Court on Plaintiff's Motion to Compel Production of Sales Documents and Request for Sanctions (Dkt. 104). The matter has been referred to the Undersigned for a ruling. The Undersigned, having considered the Motion and provided the parties an opportunity to discuss the matter orally, now GRANTS IN PART and DENIES IN PART Plaintiff's Motion. The Plaintiff asserts that...
ORDER GRANTING MOTION FOR REMAND TANYA WALTON PRATT , District Judge . This matter is before the Court on a Motion for Remand ( Filing No. 16 ) filed by Plaintiffs Jaden Thomas, Ryan Braverman, Katie Dedelow, Jake Ramsey, Isabella Blackford, Michael Duke, and Lindsay Freeman (collectively, "Plaintiffs"). Plaintiffs are freshman students at Indiana University ("IU") in Bloomington, Indiana. After discovering mold infestation in their dormitory rooms at IU, Plaintiffs initiated this lawsuit...
ORDER ON MOTION TO EXTEND TEMPORARY RESTRAINING ORDER TANYA WALTON PRATT , District Judge . This matter is before the Court on Plaintiffs' Emergency Motion for Extension of Temporary Restraining Order ("TRO") (Filing No. 48). The Plaintiffs seek an extension of the Court's TRO entered November 21, 2018 (Filing No. 42). Plaintiffs' Motion focuses on Defendant, the Trustees of Indiana University's ("IU") plans to inspect and then to remediate, if appropriate, rooms within the Teter...
ORDER ON PLAINTIFF'S MOTION TO ALTER OR AMEND JUDGMENT (DKT. 68) SARAH EVANS BARKER , District Judge . Plaintiff ("Division Six") sued Defendant ("Finish Line") for breach of contract. We granted Finish Line's motion to dismiss the complaint for failure to state a claim on which relief could be granted on the grounds that no contract bound the parties at the time of Finish Line's alleged breach, Dkt. 65 ("Order"), and entered final judgment. Dkt. 66. Now before the Court is Division Six's...
ORDER ADOPTING REPORT AND RECOMMENDATION SARAH EVANS BARKER , District Judge . Having reviewed Magistrate Judge Tim A. Baker's Report and Recommendation that Amber Morgan's supervised release be revoked, pursuant to Title 18, U.S.C. 3401(i) and Rule 32.1(a)(1) Federal Rules of Criminal Procedure and Title 18 U.S.C. 3583, The Court now approves and adopts the Report and Recommendation as the entry of the Court, and orders a sentence imposed of imprisonment of six (6) months in the...
REPORT AND RECOMMENDATION TIM A. BAKER , Magistrate Judge . On December 4, 2018, the Court held a hearing on the Petition for Warrant or Summons for Offender Under Supervision filed on November 27, 2018. Defendant Morgan appeared in person with her appointed counsel Dominic Martin. The government appeared by Brad Shepard, Assistant United States Attorney. U. S. Parole and Probation appeared by Officer Angela Smith. The Court conducted the following procedures in accordance with Fed. R....
ENTRY ON THE PLAINTIFF'S MOTION TO EXCLUDE OR LIMIT THE TESTIMONY OF RENU VIRMANI, M.D. RICHARD L. YOUNG , District Judge . Plaintiff challenges three opinions advanced by Cook's retained expert, Dr. Renu Virmani. They are: (1) filters "function to trap clots"; (2) "[s]mall clots are not concerning," while large clots "more likely are being caught in the filter on their way from the pelvic and leg veins"; and (3) "the Celect and Tulip[] are not inherently thrombogenic." (Filing No. 8639-6,...
