OPINION AND ORDER JAMES T. MOODY, District Judge. Defendants Jason King, Christopher Slager, Andrew Witt, and the City of South Bend have moved for summary judgments on plaintiffs Clifford and Alice Rosen's claims. (DE # 53.) For the following reasons, that motion is denied. 1 I. Facts and Procedural History On December 31, 2008, plaintiffs Clifford and Alice Rosen ("the Rosens") boarded an Amtrak train in Chicago, Illinois, which was scheduled to take them to Washington, D.C. 2 Before...
OPINION AND ORDER PHILIP P. SIMON, Chief Judge. Plaintiffs Ron and Lotte Canen have brought a lawsuit asserting eight separate counts against at least eight defendants. Their specific claims vary, but they all appear to involve a 2004 transaction whereby the Canens took out a loan and secured that debt by mortgaging their house. The Canens are proceeding pro se, and their complaint is not entirely clear, but they generally seem to believe that various defendants committed wrongdoing by (...
OPINION AND ORDER CHRISTOPHER A. NUECHTERLEIN, United States Magistrate Judge. On June 22, 2010, Defendant, Greencroft Goshen, Inc., a continuing care retirement community, fired Plaintiff, Judith DeWalt. In her complaint, DeWalt alleged that Greencroft violated the Fair Labor Standards Act ("FLSA"), 29 U.S.C. 201 et seq., by firing her in retaliation for questioning the exempt status of her marketing associate position. DeWalt also alleged that Greencroft incorrectly classified her...
OPINION and ORDER PHILIP P. SIMON, Chief Judge. Plaintiffs Velma and Eugene Gross purchased a home from Defendants Richard and Delores Max in 2006, and three years later they discovered their daughter (Plaintiff Sierra Gross) had lead poisoning. On November 9, 2011, the Grosses filed this suit seeking recovery from the Maxes under the Residential Lead-Based Paint Hazard Reduction Act ("RLPHRA"). In an Opinion and Order dated August 2, 2012, 2012 WL 3234168, I dismissed this case on the...
MEMORANDUM OPINION AND ORDER JON E. DEGUILIO, District Judge. While on a routine nighttime patrol in Carroll County, Indiana, Conservation Officer Todd Pekny heard small-caliber rifle shots coming from what turned out to be Jesse Snider's property. Pekny suspected deer poaching, but his subsequent investigation uncovered a stockpile of firearms, a stash of bomb-making materials, and a marijuana grow operation. The State dismissed all criminal charges after a circuit court judge in Carroll...
OPINION AND ORDER THERESA L. SPRINGMANN, District Judge. This matter is before the Court on a Motion to Dismiss for Lack of Personal Jurisdiction [ECF No. 40] and Brief in Support [ECF No. 41] filed by Defendants Steve Hinrichs, Kim Peters, Donald Schlipp, Don Meyer, Pat Arter, Ken Hansen, Steve Slavicek, Shirley Kerlikowske, and Lori Gibson on October 31, 2011. The Plaintiff, 1st Source Bank, filed a Response in Opposition to the Defendants' Motion [ECF No. 45] on November 17, 2011. On...
OPINION AND ORDER THERESA L. SPRINGMANN, District Judge. The Plaintiff, Crystal M. Shroyer, on behalf of herself and her minor children, J.S. and S.S., has sued the United States of America, the City of Fort Wayne, and individual officers of the Fort Wayne Police Department (FWPD). She claims that on May 1, 2009, agents from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and officers from the FWPD surrounded her home and seized her in violation of the Fourth Amendment to the...
OPINION AND ORDER PHILIP P. SIMON, Chief Judge. Plaintiff Christina Jones brought this action against her employer, defendant Alpha Rae Personnel, and Alpha Rae's contractor, defendant Affiliated Computer Services, asserting retaliation claims under Title VII. Jones alleges that Alpha Rae and ACS removed her from ACS's South Bend job site in retaliation for filing two formal concurrent complaints with the Equal Employment Opportunity Commission and the South Bend Human Rights Commission...
OPINION and ORDER JAMES T. MOODY, District Judge. On February 24, 2008, plaintiff David Thorne's ("David") house at 726 Arbogast Street, Griffith, Indiana (the "Arbogast house"), was damaged by fire. 1 David's homeowner's insurer, defendant Member Select Insurance Company ("Member Select") 2 denied his claim, concluding that the fire had been intentionally set by him (or by someone acting at his direction), and so a policy exclusion applied to void coverage. David then filed the present...
OPINION AND ORDER JAMES T. MOODY, District Judge. Defendant Cintas Corporate Services #2 d/b/a Cintas Corporation ("Cintas") has moved for summary judgment on Counts I, II, and III of plaintiffs' complaint. (DE # 105.) For the following reasons, that motion is granted in part and denied in part. I. Facts and Procedural History 1 Plaintiff Rex Hathaway was employed as a welder/plasma torch operator at Quik Cut, Inc. ("Quik Cut"), a welding/plasma cutting company located in Allen County, IN....
OPINION AND ORDER PAUL R. CHERRY, United States Magistrate Judge. This matter is before the Court on Defendants' Motion to Dismiss Counts III & IV of Plaintiff's Complaint [DE 15], filed by Defendants Eugene G. Macey, Jr. and USA Truck, Inc. ("USA Truck") (collectively, "Defendants") on May 29, 2012. For the reasons set forth in this Opinion and Order, the Court grants the Motion. PROCEDURAL BACKGROUND Plaintiff filed her Complaint on February 14, 2012, in Lake Superior Court. The...
OPINION AND ORDER JON E. DEGUILIO, District Judge. This action arises from a breach of contract dispute between Plaintiffs Jeremy and Debra Bachman (the Bachmans) and their insurer, AMCO Insurance Company (AMCO). The issue is whether AMCO properly limited the recovery for collector sports cards stolen during a burglary of the Bachmans' home under the business property coverage limitation contained in the Bachmans' homeowners insurance policy. AMCO's motion for summary judgment [DE 20, 21] is...
OPINION AND ORDER PAUL R. CHERRY, United States Magistrate Judge. This matter is before the Court on (1) Defendants' Motion for Discovery Sanctions as to Certain FLSA Opt-In Plaintiffs [DE 77], filed on June 11, 2012; (2) Defendants' Partial Motion for Summary Judgment as to the Claims of Certain FLSA Opt-In Plaintiffs [DE 80], filed on June 11, 2012; and (3) Defendants' Motion to Decertify the Collective Action [DE 83], filed on June 22, 2012. The motions are fully briefed and ripe for...
OPINION AND ORDER JON E. DEGUILIO, District Judge. Now before the Court is Defendants' Motion to Dismiss [DE 41, 42] Plaintiffs' Third Amended Complaint. Plaintiffs' counsel did not file a response. Based on the foregoing reasons, Defendants' Motion to Dismiss Plaintiffs' Third Amended Complaint is hereby GRANTED IN PART and DENIED IN PART [DE 41]. I. INTRODUCTION Plaintiffs, Dean V. Kruse and Kristin McGrade Kruse ("Plaintiffs"), filed their original Complaint with Class Action Requested...
OPINION AND ORDER WILLIAM C. LEE, District Judge. This matter is before the court on a motion for partial dismissal filed by the defendants, Lancaster Pollard & Co. ("Lancaster Pollard") and Steven W. Kennedy, Jr. ("Kennedy"), on April 20, 2012. The plaintiffs, Grace Village Health Care Facilities, Inc. and National Fellowship Brethren Retirement Homes, Incorporated (collectively "Grace Village"), filed its response on May 7, 2012, to which the defendants replied on May 24, 2012. Also...
OPINION and ORDER ROBERT L. MILLER, JR., District Judge. Plaintiff Johnice Sanders seeks judicial review of the Commissioner of Social Security's final decision denying her application for Supplemental Security Income ("SSI") benefits under Title XVI of the Social Security Act, 42 U.S.C. 1381, et seq. The court has jurisdiction over this action under 42 U.S.C. 405(g) and 1383(c). For the reasons that follow, the court reverses and remands this case to the Social Security...
ORDER JON E. DeGUILIO, District Judge. On March 15, 2006, Defendant Darnell Cook pled guilty pursuant to a plea agreement to possession with intent to distribute cocaine base, in violation of 21 U.S.C. 841(a)(1) (Count 4 of the Indictment), and possession of a firearm in furtherance of drug trafficking, in violation of 18 U.S.C. 924(c) (Count 6 of the Indictment) [DE 14, 16]. On June 23, 2006, Mr. Cook was sentenced to one year and one day on Count 4, which was subsequently reduced to...
OPINION AND ORDER RUDY LOZANO, District Judge. This matter is before the Court on the Motion to Dismiss Plaintiff's Complaint, filed by Defendants on February 24, 2012. For the reasons set forth below, the Motion to Dismiss Plaintiff's Complaint (DE #8) is DENIED AS MOOT. BACKGROUND Plaintiff, Marwan Ransom, originally filed his Complaint against various State 1 and Medical 2 Defendants in LaPorte Superior Court, LaPorte County, Indiana. (DE #1.) Though counsel, the Medical Defendants...
OPINION AND ORDER PHILIP P. SIMON, District Judge. Aline Simington was injured while shopping at a Menards store when a piece of crown molding fell on her foot, causing serious injury. Menards seeks summary judgment on the grounds that Simington's testimony must be disregarded because it is physically impossible for the injury to have occurred in the manner in which she alleges. [DE 38.] Menards also claims that that it did not breach any duty owed to Simington, since it did not have actual...
OPINION AND ORDER ROGER B. COSBEY, Magistrate Judge. This matter is before the Court on Plaintiff's Amended Motion to Extend Discovery for Production of Documents. (Docket # 23.) The motion is now fully briefed ( see Docket # 26, 27), and further argument was heard on August 9, 2012 (Docket # 30). For the following reasons, Plaintiff's motion will be DENIED. A. Factual and Procedural Background In this suit, Plaintiff Cindy Lawson alleges that her former employer, Defendant Bethesda...
