ENTRY ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT TANYA WALTON PRATT, District Judge. This matter is before the Court on Defendants' — Indiana State Department of Health ("ISDH"), Commissioner of ISDH Judith Monroe, Laboratory Director of ISDH Judith Lovchik, Governor Mitch Daniels, State of Indiana, and Gregory N. Larkin, M.D. (collectively, "Defendants") — Motion for Summary Judgment. Plaintiff Micah Williams ("Williams") was a division director of quality assurance at the ISDH. His...
ORDER ON DEFENDANT'S MOTION TO ENFORCE SETTLEMENT AGREEMENT WILLIAM G. HUSSMANN, JR., United States Magistrate Judge. This matter is before the Honorable William G. Hussmann, Jr., United States Magistrate Judge, on Defendant's Motion to Enforce Settlement Agreement filed July 11, 2011. 1 (Docket Nos. 41-42). Plaintiff filed her response on August 30, 2011. (Docket No. 45). Defendant filed its reply brief on September 6, 2011. (Docket No. 47). The court conducted a hearing on Defendant's...
ENTRY ON MOTIONS FOR SUMMARY JUDGMENT TANYA WALTON PRATT, District Judge. This matter, which relates to the scope of a surety's obligations under a bond, is before the Court on the parties' Cross-Motions for Summary Judgment. Specifically, the present dispute stems from a subcontractor and vendor's allegations that they are entitled to payment under a bond executed by a surety. Currently, there are four Motions for Summary Judgment pending in this action. In this action, BMD Contractors, Inc....
ENTRY ON CROSS-MOTIONS FOR SUMMARY JUDGMENT AND ORDER GRANTING PERMANENT INJUNCTION WILLIAM T. LAWRENCE, District Judge. This cause is before the Court on the parties' cross-motions for summary judgment. The motions are fully briefed and the Court, being duly advised, GRANTS the Plaintiff's motion and DENIES the Defendants' motion for the reasons set forth below. In light of this ruling, the Court also GRANTS the Plaintiff's request for a permanent injunction. I. RELEVANT FACTS...
ENTRY ON EMERGENCY MOTION FOR STAY/INJUNCTION PENDING APPEAL TANYA WALTON PRATT, District Judge. This matter is before the Court on Plaintiffs' "Emergency Motion for Stay/Injunction Pending Appeal" following the Court's decision denying Plaintiffs' request for a preliminary injunction. Recently, Defendants (collectively, the "State") used an emergency rulemaking procedure to lower the "dispensing fee" reimbursed to pharmacies for filling Medicaid prescriptions from $4.90 to $3.00—a 38%...
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS SARAH EVANS BARKER, District Judge. This cause is before the Court on Defendant's Motion to Dismiss Plaintiffs' First Amended Complaint [Docket No. 26], filed on January 31, 2011, pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). On November 4, 2010, Plaintiffs, Lee Hughes and Elizabeth Leftwich ("Plaintiffs"), filed a class action lawsuit against Defendant, Chattem, Inc. ("Chattem"). Chattem moved to dismiss on December 23, 2010,...
ENTRY ON MOTIONS FOR SUMMARY JUDGMENT TANYA WALTON PRATT, District Judge. This case raises difficult questions about the conflict between a person's right to bodily integrity and law enforcement's need to obtain evidence. Specifically, this lawsuit stems from the involuntary catheterization of Plaintiff Jamie Lockard ("Mr. Lockard"), administered after he had already voluntarily provided a blood sample but was either unwilling or unable to provide a urine sample to comply with a search...
ORDER DENYING IN PART AND GRANTING IN PART DEFENDANTS' AMENDED MOTION TO DISMISS SARAH EVANS BARKER, District Judge. This cause is before the Court on Defendants' Amended Motion to Dismiss Plaintiff's Complaint [Docket No. 42], filed on September 20, 2010, pursuant to Federal Rules of Civil Procedure 12(b)(1), 12(b)(6), and 12(b)(7). On June 12, 2009, Plaintiff, the Estate of Sonja Eiteljorg by Roger Eiteljorg, as personal representative ("the Estate"), filed suit against Defendants, Harrison...
ORDER ON MOTION FOR PARTIAL SUMMARY JUDGMENT TANYA WALTON PRATT, District Judge. This matter comes before the Court on several of Plaintiff's and Defendants' cross-motions for partial summary judgment, including Plaintiff's Motion for Partial Summary Judgment as to the Domicile of Plaintiff, Rolanda Hill-Jackson and Decedent, Rafael Hill [Dkt. 88], Defendants' Motion for Partial Summary Judgment and Associated Choice-of-Law Determination [Dkt. 85], Plaintiff's Motion for Partial Summary...
ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT SARAH EVANS BARKER, District Judge. This cause is before the Court on cross-motions for summary judgment filed by Plaintiffs on May 5, 2010 [Docket No. 31] and by Defendants on June 28, 2010 [Docket No. 35]. Plaintiffs, Chris Tindell ("Chris") and his parents, Cynthia Graves and Glenn Tindell (collectively, "the Parents"), bring this action against Defendants, Evansville-Vanderburgh School Corporation and Evansville-Vanderburgh-Posey Special...
ENTRY ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT TANYA WALTON PRATT, District Judge. This matter is before the Court on Defendants', Spurlino Materials, LLC ("Spurlino Materials") and James Spurlino ("Spurlino") (collectively, "Defendants"), Motion for Summary Judgment. This dispute stems from an array of allegations made by Plaintiff Ron Eversole ("Eversole") against his former employer. Eversole's causes of action include race discrimination, retaliation, hostile work environment,...
ENTRY ON PLAINTIFF'S MOTION FOR RECONSIDERATION RICHARD L. YOUNG, Chief Judge. On September 30, 2010, 2010 WL 3893840, the court granted Krispy Kreme Doughnut Corporation's ("Krispy Kreme") Motion to Dismiss Charles J. Hutcherson's ("Plaintiff") federal law claims arising under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. 1001 et seq. On October 21, 2010, the court entered final judgment in Krispy Kreme's favor. Plaintiff now moves the court to reconsider...
ORDER ON DEFENDANT'S MOTION TO DISMISS TANYA WALTON PRATT, District Judge. This matter comes before the Court on Diva International Inc.'s ("Diva" or "Defendant"), Motion to Dismiss [Dkt. 15]. Plaintiff, Sarah James ("James" or "Plaintiff") and her husband Gerrad James (collectively, "Plaintiffs") filed suit in this Court alleging that a menstrual product manufactured by Defendant caused James to develop Toxic Shock Syndrome. Plaintiffs have alleged negligence and violations of two state...
ENTRY ON TEMPORARY RESTRAINING ORDER TANYA WALTON PRATT, District Judge. This matter is before the Court on Plaintiffs' Motion for a Temporary Restraining Order ("TRO"). There are two Plaintiffs in this matter: (1) Community Pharmacies of Indiana, Inc., a non-profit trade association that represents over 170 community pharmacies in Indiana; and (2) Williams Brothers Health Care Pharmacy, Inc., an independently-owned and operated pharmacy based in Washington, Indiana (collectively, "...
ENTRY ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT TANYA WALTON PRATT, District Judge. This matter is before the Court on Defendant Manatron, Inc.'s ("Manatron") Motion for Summary Judgment. On December 1, 2006, Manatron sent a letter to a majority of the county auditors in Indiana, claiming that it had "credible evidence" that Nikish Software Corporation's ("Nikish") tax software was a "misappropriated derivative copy" of Manatron's own tax software, meaning "Manatron would own [the software]...
ENTRY ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT TANYA WALTON PRATT, District Judge. This matter is currently before the Court on Defendants' Anthem, Inc. and Anthem Insurance Companies, Inc.'s (collectively, "Defendants") Motion for Summary Judgment. The Plaintiffs in this class-action lawsuit assert claims arising out of the 2001 demutualization of Anthem Insurance Companies, Inc. ("Anthem"), and the related initial public offering ("IPO") of stock in its parent company, Anthem, Inc. This...
ORDER GRANTING PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION SARAH EVANS BARKER, District Judge. This matter is before the Court on Plaintiffs' Motion for Preliminary Injunction [Docket No. 14], filed on May 26, 2011, pursuant to Federal Rule of Civil Procedure 65 in the above-captioned cause. Plaintiffs seek to have enjoined without bond two provisions of the recently enacted Senate Enrolled Act 590, scheduled to go into effect on July 1, 2011. Specifically, the two portions of that law...
ENTRY ON MOTIONS FOR SUMMARY JUDGMENT WILLIAM T. LAWRENCE, District Judge. Before the Court are several motions for summary judgment: (1) Amerisure Insurance Company's motion against Scottsdale Insurance Company (Docket No. 116); (2) National Surety Corporation's motion against Scottsdale Insurance Company (Docket No. 119); (3) Scottsdale Insurance Company's motion against National Surety Corporation (Docket No. 124); and (4) Scottsdale Insurance Company's motion against Amerisure...
ORDER ON DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT LARRY J. McKINNEY, District Judge. This matter comes before the Court on Defendants', Visteon Corporation and Visteon Systems, LLC (collectively, "Visteon") motion for partial summary judgment as to the claims of certain class members in this Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA"), 29 U.S.C. 1166, notice action [dkt. no. 174]. Visteon argues that it is entitled to summary judgment with regard to many of the...
ENTRY ON MOTION TO DISMISS TANYA WALTON PRATT, District Judge. This qui tam action is before the Court on Defendants Roche Diagnostics Corporation and Roche Diagnostic Operations, Inc.'s (collectively, "Roche") 12(b)(6) Motion to Dismiss. This dispute stems from David O'Neill's ("O'Neill") allegations that Roche has violated 35 U.S.C. 292(a) by falsely marking diabetes monitoring and testing products with patent numbers of expired or unenforceable patents. Plaintiff Promote Innovation...
