OPINION AND ORDER PHILIP P. SIMON , Chief District Judge . Jamil James was one of three defendants charged in the armed robbery of a gas station in January 2007. On August 13, 2008, James entered a plea of guilty to Count 2 of the superseding indictment — a charge of using and carrying a firearm during and in relation to a crime of violence, namely the robbery. [DE 110, 117.] Count 1, a Hobbs Act robbery charge, was dismissed as part of a plea deal. James was sentenced to 7 years, the...
REPORT AND RECOMMENDATION SUSAN COLLINS , Magistrate Judge . Before the Court is a motion to suppress (DE 19) filed by Defendant Antonio Cortez Harris. Harris seeks to suppress the physical evidence discovered by police officers on February 9, 2016. Harris contends that the officers illegally stopped and searched him without reasonable suspicion based on a description from an anonymous 911 caller. Harris argues that the officers' actions were in violation of his Fourth Amendment rights,...
OPINION AND ORDER WILLIAM C. LEE , District Judge . This matter is before the court on a motion to take judicial notice filed by Defendants United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union ("International") and its Local 115T (collectively, "the Union"), on September 16, 2016. The other parties have not responded or objected to the motion. Also before the court is a motion for summary judgment filed by the Union on...
OPINION AND ORDER ROBERT L. MILLER, Jr. , District Judge . Lifetime Industries filed a motion for a stay pending appeal, asking the court to stay disposition of Trim-Lok's motion for attorney's fees until its appeal has been fully briefed, argued, and decided. The court denies the motion to stay for the following reasons. The court considers four factors in determining whether to grant a stay: (1) whether the stay applicant has made a strong showing that he is likely to succeed on the...
OPINION AND ORDER JAMES T. MOODY , District Judge . Andre Marshall, Jr., a pro se prisoner, filed an amended petition for writ of habeas corpus challenging his conviction and 42-year sentence on April 24, 2013, under cause number 45G02-1009-FB-00095. (DE # 3.) Respondent argues that the petition should be denied because Marshall's claims are procedurally defaulted. This court agrees. For the reasons stated below, the amended petition is DENIED, the petitioner is DENIED a certificate...
OPINION AND ORDER WILLIAM C. LEE , District Judge . This matter is before the court on a motion to dismiss filed by Defendants Lake County Sheriff's Department and Lake County Sheriff John Buncich ("Sheriff Defendants") on November 15, 2016. The plaintiff, Rodolfo Cano, Jr. ("Cano"), filed his response on November 29, 2016, to which the Sheriff Defendants filed their reply on December 9, 2016. Discussion Cano filed his Amended Complaint on September 20, 2016 naming the Lake County...
OPINION AND ORDER PHILIP P. SIMON , Chief District Judge . Derrick Kennedy was one of three defendants charged in the armed robbery of a gas station in January 2007. On March 13, 2008, Kennedy entered a plea of guilty to Counts 1 and 2 of the superseding indictment — a charge of Hobbs Act robbery under 18 U.S.C. 1951 and a charge of using and carrying a firearm during and in relation to a crime of violence, namely the robbery, under 924(c)(1). [DE 73, 81.] Kennedy was sentenced to 24...
OPINION & ORDER PHILIP P. SIMON , Chief District Judge . The United States seeks to enforce federal tax liens against Edwin Stillman's home in Valparaiso. (DE 1.) Diamond Residential Mortgage Corporation was named a codefendant because it "may claim . . . an interest in the real property on which the United States seeks to enforce its tax liens." (DE 3 at 2.) The United States now seeks a default judgment against Diamond because the company hasn't responded to the complaint or otherwise...
OPINION AND ORDER ANDREW P. RODOVICH , Magistrate Judge . This matter is before the court on the Motion to Enforce Settlement [DE 115] filed by the plaintiff, Kelly Stuhlmacher, on November 21, 2016. For the following reasons, the motion is DENIED. Background The plaintiffs, Kurt and Kelly Stuhlmacher, brought a product liability action against the defendants, Home Depot U.S.A., Inc. and Tricam Industries, Inc., in Lake County Superior Court. On November 24, 2010, the defendants...
OPINION AND ORDER PHILIP P. SIMON , District Judge . Jamil James was one of three defendants charged in the armed robbery of a gas station in January 2007. On August 13, 2008, James entered a plea of guilty to Count 2 of the superseding indictment — a charge of using and carrying a firearm during and in relation to a crime of violence, namely the robbery. [DE 110, 117.] Count 1, a Hobbs Act robbery charge, was dismissed as part of a plea deal. James was sentenced to 7 years, the statutory...
OPINION AND ORDER SUSAN COLLINS , Magistrate Judge . Before the Court is a joint motion (DE 22) by the parties seeking approval of a proposed stipulated protective order pursuant to Federal Rule of Civil Procedure 26(c) (DE 22-1). Because the proposed order is inadequate in one respect, the motion will be DENIED. Rule 26(c) allows the Court to enter a protective order for good cause shown. 1 See Citizens First Nat'l Bank of Princeton v. Cincinnati Ins. Co., 178 F.3d 943 , 946 (7th...
OPINION and ORDER ROBERT L. MILLER, Jr. , District Judge . Mark Tubbs moves for attorney fees under the Equal Access to Justice Act, 28 U.S.C. 2412, following the court's entry of final judgment remanding the case to the Commissioner of Social Security for further proceedings. Mr. Tubbs requests an award of fees in the amount of $7,521.69. The Commissioner doesn't object to his request. The EAJA permits recovery of attorney fees based on "prevailing market rates," but not in excess of $...
OPINION AND ORDER WILLIAM C. LEE , District Judge . This matter is before the court on a "Motion for Leave to File Declarations Instanter", filed by the plaintiff, Thomas E. Perez, Secretary of Labor, United States Department of Labor ("DOL"), on September 19, 2016. The Defendants have not filed a response to the motion. Also before the court is a "Defendants' Motion for Leave to File Sur-Reply to Department of Labors's Motion to Strike Affidavit of Neal Guirarelli and New Evidence Raised...
OPINION AND ORDER PAUL R. CHERRY , Magistrate Judge . This matter is before the Court on a Defendant [sic] Jones Motion to Dismiss or Strike, and for Summary Judgment [DE 49], filed on April 27, 2016, by Claimant Shaft Jones; a Defendant [sic] Jones Motion to Dismiss or Strike, and for Summary Judgment [DE 53], filed on May 4, 2016, by Claimant Latonia Jones; and a Motion for Summary Judgment [DE 59], filed on June 20, 2016, by Plaintiff the United States of America. Claimants Shaft Jones...
OPINION AND ORDER PAUL R. CHERRY , Magistrate Judge . This matter is before the Court on a document titled Judicial Notice of Adjudicative Facts [DE 51], filed on April 27, 2016, by Claimant Shaft Jones and a Motion for Joinder of Parties [DE 71], filed June 29, 2016, by non-party Shaft Entertainment Inc. (SEI). Claimants Shaft Jones and Latonia Jones are both proceeding pro se. No response to the "Judicial Notice of Adjudicative Facts" was filed, and the time to do so has passed. The...
OPINION AND ORDER JOSEPH S. VAN BOKKELEN , District Judge . Plaintiff Larry Wallen sued Defendant Mapletree Transportation Inc. for negligence, failure to provide insurance, and failure to pay him. Defendant has moved for summary judgment on Count I of his complaint, the negligence count (DE 23), and to strike certain evidence (DE 30). The Court held oral argument on the motions on December 13, 2016. For the following reasons, the motions are granted. A. Summary Judgment Standard A...
OPINION AND ORDER ROBERT L. MILLER, Jr. , District Judge . Terrance Hollowell appeals from the bankruptcy court's July 13, 2016 order granting JP Morgan Chase's motion for relief from stay and to abandon real estate. The only issue before the court is whether the bankruptcy court abused its discretion when it granted the motion. For the following reasons, this court AFFRIMS the bankruptcy court's decision, and DENIES the motions to stay pending appeal. I. BACKGROUND Chase filed a...
OPINION AND ORDER JON E. DEGUILIO , District Judge . Leroy Houchin, II, a pro se prisoner, is suing Detective Paul Heaten in his individual capacity for monetary damages. Houchin alleges that Detective Heaten violated his Fourth Amendment rights by conducting a warrantless search of his residence on June 12, 2014. Detective Heaten filed a summary judgment motion arguing that the undisputed facts show that the search was not illegal and that he is entitled to qualified immunity. Detective...
OPINION & ORDER JON E. DEGUILIO , District Judge . It is time for this protracted litigation to come to an end. But first, a brief summary is appropriate to explain from whence this case has come. Six years ago, Hertel sued 31 defendants in a 122-page complaint claiming, among other things, that defendants defamed and conspired against him, and violated a wide range of his rights guaranteed by the Constitution and federal statutes [DE 1]. After two extensive screening orders were issued [...
OPINION AND ORDER WILLIAM C. LEE , District Judge . Albert Sanders ("Sanders") is currently serving a sentence for armed bank robbery in violation of 18 U.S.C. 2113(a) and (d) and for using a firearm during a crime of violence, in violation of 18 U.S.C. 924(c) He now moves this Court pursuant to 28 U.S.C. 2255 to vacate his conviction and sentence under the 924(c) charge in light of Johnson v. United States, 135 S.Ct. 2551 (2015) [DE 51]. The Government opposes Sanders's petition...
