ACCEPTANCE OF PLEA OF GUILTY AND ADJUDICATION JAMES T. MOODY , District Judge . Pursuant to the Findings and Recommendation of the United States Magistrate Judge (DE # 218), to which the defendant has not objected, 1 and subject to this court's consideration of the Plea Agreement (DE # 215) pursuant to FED. R. CRIM. P. 11(c)(3), the Magistrate Judge's findings are now ADOPTED , defendant's plea of guilty to the offense charged in Count 14 of the Second Superseding Indictment (DE # 105)...
FINDINGS AND RECOMMENDATION OF THE MAGISTRATE JUDGE UPON A SUPERVISED RELEASE REVOCATION HEARING ANDREW P. RODOVICH , Magistrate Judge . TO: THE HONORABLE RUDY LOZANO UNITED STATES DISTRICT COURT This matter came on for hearing before the Honorable Andrew P. Rodovich, United States Magistrate Judge, on December 20, 2017. The United States Government appeared by counsel Assistant United States Attorney Jennifer Chang. Defendant Rickey Scott, Jr. appeared in person and by counsel Jerome T....
FINDINGS AND RECOMMENDATION OF THE MAGISTRATE JUDGE UPON A PLEA OF GUILTY SUSAN COLLINS , Magistrate Judge . TO: THE HONORABLE THERESA L. SPRINGMANN, CHIEF JUDGE, UNITED STATES DISTRICT COURT Upon Defendant's request to enter a plea of guilty pursuant to Rule 11 of the Federal Rules of Criminal Procedure, this matter came on for hearing before U.S. Magistrate Judge Susan Collins, on December 13, 2017, with the written consents of Defendant, counsel for Defendant, and counsel for the...
FINDINGS AND RECOMMENDATION OF THE MAGISTRATE JUDGE UPON A PLEA OF GUILTY SUSAN COLLINS , Magistrate Judge . TO: THE HONORABLE THERESA L. SPRINGMANN, CHIEF JUDGE, UNITED STATES DISTRICT COURT Upon Defendant's request to enter a plea of guilty pursuant to Rule 11 of the Federal Rules of Criminal Procedure, this matter came on for hearing before U.S. Magistrate Judge Susan Collins, on December 18, 2017, with the written consents of Defendant, counsel for Defendant, and counsel for the...
OPINION AND ORDER JOHN E. MARTIN , Magistrate Judge . This matter is before the Court on Third-Party Plaintiff, RSM, Ltd.'s Motion to Intervene Pursuant to FRCP, Rule 20 [DE 72], filed on June 1, 2017. RSM seeks leave to assert new claims against Plaintiff Magnesita Refractories Company. I. Background On December 19, 2016, Magnesita filed a Complaint seeking damages and injunctive relief against its prior employee, Defendant Mishra, for theft of trade secrets and other violations of the...
OPINION and ORDER JAMES T. MOODY , District Judge . This matter is before the court on a motion for reconsideration filed by plaintiff's former counsel, Andrew U. D. Straw. (DE # 62.) For the reasons set forth below, Straw's motion is denied. On September 3, 2016, Straw filed a motion to strike, explaining that the Indiana Supreme Court Attorney Disciplinary Commission was seeking disciplinary action against him based, in part, on filings he made in this case. (DE # 59.) In his motion,...
OPINION AND ORDER JON E. DEGUILIO , District Judge . Tyrone Tapp, a prisoner without a lawyer, filed a habeas corpus petition challenging his prison disciplinary hearing in CIC 170-02-173 where a Disciplinary Hearing Officer (DHO) at the Correctional Industrial Facility found him guilty of engaging in an unauthorized financial transaction in violation of B-220 on February 20, 2017. ECF 1 at 1. As a result, Tapp was sanctioned with the loss of 60 days earned credit time. Id. After Tapp...
OPINION AND ORDER PAUL R. CHERRY , Magistrate Judge . This matter is before the Court on (1) Plaintiffs' Motion to Exclude Opinion Testimony of Richard Parry [DE 145], filed by Plaintiffs ArcelorMittal Indiana Harbor LLC and ArcelorMittal USA LLC (collectively "ArcelorMittal"); (2) Plaintiffs' Motion to Exclude the Opinion Testimony of Ronald Pape [DE 146]; (3) Plaintiffs' Motion to Exclude the Opinion Testimony of Clifford Bigelow [DE 147]; (4) Plaintiffs' Motion to Exclude the Opinion...
OPINION AND ORDER ANDREW P. RODOVICH , Magistrate Judge . This matter is before the court on the Motion to Strike Salem's Lien [DE 82] filed by the plaintiff, Mir S. Iqbal, on November 20, 2017. For the following reasons, the motion is GRANTED. Background Attorney Maurice Salem entered his appearance on behalf of the plaintiff, Mir S. Iqbal, in this matter on February 3, 2012. On August 24, 2017, Salem filed a motion to withdraw as attorney of record for Iqbal and attached a notice of...
OPINION AND ORDER ANDREW P. RODOVICH , Magistrate Judge . This matter is before the court on the Motion for Sanctions and for Disqualifying Plaintiff's Attorney, Pursuant to N.D. Ind. L.R. 83.6.2(a)(1) [DE 81] filed by Maurice Salem on November 6, 2017. For the following reasons, the motion is DENIED. Background Attorney Maurice Salem entered his appearance on behalf of the plaintiff, Mir S. Iqbal, in this matter on February 3, 2012. On August 24, 2017, Attorney Salem filed a motion...
ORDER ROBERT L. MILLER, JR. , District Judge . Christopher L. Scruggs, a pro se prisoner, has filed a motion (ECF 131) arguing that two statements in Magistrate Judge Gotsch's October 27 order were clearly erroneous. Mr. Scruggs asks this court to reconsider and set that order aside pursuant to Rule 72(a) of the Federal Rules of Civil Procedure. Rule 72(a) of the Federal Rules of Civil Procedure grants magistrate judges great latitude in resolving non-dispositive matters, such as that at...
ORDER ACCEPTING FINDINGS AND RECOMMENDATION THERESA L. SPRINGMANN , Chief District Judge . This matter is before the Court on the Findings and Recommendation of the United States Magistrate Judge [ECF No. 97], filed on December 8, 2017. The Defendant has waived objection to the Findings and Recommendation, and the Court, being duly advised, adopts the Findings and Recommendation [ECF No. 97] in its entirety and accepts the recommended disposition. Subject to this Court's consideration of...
FINDINGS AND RECOMMENDATION OF THE MAGISTRATE JUDGE UPON A PLEA OF GUILTY SUSAN COLLINS , Magistrate Judge . TO: THE HONORABLE THERESA L. SPRINGMANN, CHIEF JUDGE, UNITED STATES DISTRICT COURT Upon Defendant's request to enter a plea of guilty pursuant to Rule 11 of the Federal Rules of Criminal Procedure, this matter came on for hearing before U.S. Magistrate Judge Susan Collins, on December 8, 2017, with the written consents of Defendant, counsel for Defendant, and counsel for the...
ORDER ACCEPTING FINDINGS AND RECOMMENDATION THERESA L. SPRINGMANN , Chief District Judge . This matter is before the Court on the Findings and Recommendation of the United States Magistrate Judge [ECF No. 98], filed on December 8, 2017. The Defendant has waived objection to the Findings and Recommendation, and the Court, being duly advised, adopts the Findings and Recommendation [ECF No. 98] in its entirety and accepts the recommended disposition. Subject to this Court's consideration of...
FINDINGS AND RECOMMENDATION OF THE MAGISTRATE JUDGE UPON A PLEA OF GUILTY SUSAN COLLINS , Magistrate Judge . TO: THE HONORABLE THERESA L. SPRINGMANN, CHIEF JUDGE, UNITED STATES DISTRICT COURT Upon Defendant's request to enter a plea of guilty pursuant to Rule 11 of the Federal Rules of Criminal Procedure, this matter came on for hearing before U.S. Magistrate Judge Susan Collins, on December 8, 2017, with the written consents of Defendant, counsel for Defendant, and counsel for the...
OPINION AND ORDER PHILIP P. SIMON , District Judge . Brian McLain brought this action in Indiana state court against Dean Baldwin Painting LP. [DE 5.] The gist of this case is that McLain claims that while he was in the scope of his employment with Morrow Construction and was an invitee on Dean Baldwin Painting's premises, he fell down a ladder getting down from a catwalk resulting in injuries to McLain. Dean Baldwin Painting LP removed the case to federal court on the basis that the...
OPINION and ORDER JAMES T. MOODY , District Judge . This matter comes before the court on defendant Merrillville Community School Corporation's motion for partial judgment on the pleadings. (DE # 36.) For the reasons set forth below, defendant's motion is granted. I. BACKGROUND Plaintiff Williams Quarles was employed by defendant Merrillville Community School Corporation (the "School") as a custodian from 1992 until his resignation on July 7, 2016. (DE # 31 at 3-5.) Plaintiff is African-...
OPINION AND ORDER PAUL R. CHERRY , District Judge . This matter is before the Court on a Complaint [DE 1], filed by Plaintiff James W. Granquist on September 14, 2016, and Plaintiff's Brief in Support of Reversing the Decision of the Commissioner of Social Security [DE 12], filed on February 23, 2017. The Commissioner filed a response on May 8, 2017, and Plaintiff filed a reply on June 5, 2017. Plaintiff challenges the Social Security Administration's determination that he is not disabled...
OPINION AND ORDER WILLIAM C. LEE , District Judge . This matter is before the court for judicial review of a final decision of the defendant Commissioner of Social Security Administration denying Plaintiff's application for Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI) as provided for in the Social Security Act. 42 U.S.C. 1383. Section 205(g) of the Act provides, inter alia, "[a]s part of his answer, the [Commissioner] shall file a certified copy of the...
OPINION AND ORDER JOSEPH S. VAN BOKKELEN , District Judge . This matter is before the Court on the "Motion to Dismiss and Affirmative Defense of Entrapment," filed by the defendant, Airrion S. Blake. (DE 39.) For the reasons set forth below, the motion is DENIED. A. Background On May 20, 2016, the defendant, Airrion S. Blake, was charged with making a false, fictitious, or fraudulent claim upon and against the Internal Revenue Service ("IRS") in violation 18 U.S.C. 287 (Count 1) and...
