ORDER JANE MAGNUS-STINSON, District Judge. Plaintiff Staci DeLon, a former employee of Defendant Eli Lilly and Company ( "Lilly" ), brings this suit against Lilly, asserting claims under the Americans with Disabilities Act ( "ADA" ) and the Employee Retirement Income Security Act ( "ERISA" ). Presently pending before the Court is Lilly's Motion for Summary Judgment. [Dkt. 68.] For the reasons that follow, the Court GRANTS Lilly's Motion for Summary Judgment. I. STANDARD OF REVIEW A...
ENTRY ON MOTION FOR SUMMARY JUDGMENT TANYA WALTON PRATT, District Judge. This matter is before the Court on Defendant Delaware County's ("the County") Motion for Summary Judgment against Plaintiff Marwin Strong ("Mr. Strong"). Following a demotion and then termination of his employment as building commissioner for Delaware County, Indiana, Mr. Strong brought claims against the County under the Civil Rights Act of 1964, 42 U.S.C. 2000e-5 ("Title VII") and 42 U.S.C. 1981 (" 1981"). 1...
ENTRY ON MOTION TO DISMISS TANYA WALTON PRATT, District Judge. This matter is before the Court on a Motion to Dismiss filed by Defendants Access Therapies, Inc. ("Access Therapies"), RN Staff, Inc. (d/b/a Rehability Care) ("RN Staff" or "Rehability Care"), and Ramon Villegas ("Mr. Villegas") (collectively, "Defendants") (Dkt. 68). Plaintiff Rituraj Singh Panwar ("Mr. Panwar") filed this lawsuit against the Defendants on behalf of himself and all others similarly situated for violations of...
ORDER ON MOTIONS RELATED TO DEFENDANTS' AMENDED COUNTERCLAIM AND THIRD-PARTY COMPLAINT SARAH EVANS BARKER, District Judge. This cause is before the Court on two related motions: (1) Plaintiffs' Motion to Strike Answer to Amended Complaint and Third-Party Counterclaim pursuant to Federal Rules of Civil Procedure 12(f) [Docket No. 57], and (2) Third-Party Defendants' Motion to Strike and/or Dismiss for Failure to State a Claim pursuant to Federal Rules of Civil Procedure 12(b)(6) [Docket No....
ORDER ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT SARAH EVANS BARKER, District Judge. This cause is before the Court on Defendants' Motion for Summary Judgment [Docket No. 70], filed on April 13, 2012 pursuant to Federal Rules of Civil Procedure 56. Defendants seek summary judgment on all of Plaintiff's claims under the United States Constitution, the Indiana Constitution, and Indiana tort law. For the reasons set forth below, the motion is GRANTED in part and DENIED in part. Factual...
ORDER SARAH EVANS BARKER, District Judge. Plaintiff James Tsareff, as a trustee of Indiana Electrical Workers Pension Benefit Fund ("the Plan"), filed this action pursuant to 29 U.S.C. 1301(a)(10) to collect on the withdrawal liability allegedly owed by Defendants Tiernan & Hoover and ManWeb Services Inc. ("ManWeb"), as authorized by Section 502(a)(3), (e)(1) and (f) of the Employment Retirement Income Security Act ("ERISA"), Section 301(a) of the Labor Management Relations Act of 1947 ("...
ORDER GRANTING IN PART MOTION FOR PRELIMINARY INJUNCTION JANE MAGNUS-STINSON, District Judge. Presently pending before the Court is Plaintiff Planned Parenthood of Indiana and Kentucky, Inc.'s (" PPINK ") Motion for Preliminary Injunction. [Dkt. 7.] PPINK asks the Court to enjoin the Defendants Commissioner, Indiana State Department of Health, and Prosecutor, Tippecanoe County (collectively, the "State" ) from enforcing Indiana Code 16-18-2-1.5(a)(2) and 16-21-2-2.5(b), contending that...
ORDER JANE MAGNUS-STINSON, District Judge. Presently pending before the Court is Defendant Dwan Taylor's Motion to Suppress. [Dkt. 32.] For the reasons explained, the Court DENIES the motion. I. BACKGROUND The parties do not dispute the facts necessary to resolve Mr. Taylor's Motion to Suppress. Accordingly, and with the agreement of the parties, the Court did not hold a hearing with respect to this motion. The Court draws the relevant facts from the parties' briefs and the exhibits...
ORDER ON PARTIES' MOTIONS TO ALTER COURT'S ORDER ON POST-TRIAL CLAIMS SARAH EVANS BARKER, District Judge. This cause comes before the Court on three motions brought by the parties in response to the Court's Order on Post-Trial Claims [Docket No. 294], issued on July 29, 2013, 2013 WL 3895228. 1 These motions, which attempt to re-argue legal issues already settled by this Court as well as raising some new issues for our consideration, are titled as follows: (1) Defendant/Counterclaimant Don...
ORDER JANE MAGNUS-STINSON, District Judge. Presently pending before the Court is Plaintiff Joshua Crissen's Motion to Reconsider Dismissal of Satyabala V. Gupta. [Dkt. 60.] I. BACKGROUND Mr. Crissen initially filed this lawsuit against Vinod Gupta, Satyabala Gupta, and Wiper Corporation (" Wiper ") on December 4, 2012, alleging that the Guptas and Wiper engaged in a scheme whereby they purchased properties at tax sales in Indiana, and submitted fraudulent certifications representing that...
ORDER DENYING MOTION FOR REVOCATION OF RELEASE ORDER (Docket No. 10) SARAH EVANS BARKER, District Judge. Now before the Court is the Government's Motion for Revocation of Release Order objecting to and seeking reversal of the release order issued by Magistrate Judge Lynch permitting the pretrial release of Defendant pursuant to 18 U.S.C. 3142(f). The Court, having conducted a de novo review of the evidence submitted at the September 5, 2013, hearing before the Magistrate Judge and an...
ORDER ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT TIM A. BAKER, Magistrate Judge. Plaintiff J&J Sports Production is a closed circuit distributor of sports and entertainment programming. Plaintiff purchases and retains exclusive commercial distribution to television programs, including boxing matches. Plaintiff's distribution rights encompass all undercard events and the main event. [Docket No. 25 at 9.] Plaintiff had exclusive rights to a boxing match televised nationwide on November 13, 2010,...
ORDER ADOPTING REPORT AND RECOMMENDATION JANE MAGNUS-STINSON, District Judge. The Court has reviewed Magistrate Judge Mark Dinsmore's Report and Recommendation, and notes the parties agreement as to the proposed disposition. The Magistrate Judge recommends that Steve W. Borski, Jr's supervised release be modified, pursuant to Title 18 U.S.C. 3401(i), Rule 32.1(a)(1) Federal Rules of Criminal Procedure and Title 18 U.S.C. 3583(e), and the Court now approves and adopts the Report and...
REPORT AND RECOMMENDATION MARK J. DINSMORE, Magistrate Judge. This matter is before the Court pursuant to an Order entered by the Honorable Judge Jane Magnus-Stinson designating the undersigned Magistrate Judge to conduct a hearing on the Petition for Summons or Warrant for Offender Under Supervision filed on June 21, 2013. [Dkt. 9, 13.] Pursuant to that Order, the Court herein submits proposed Findings of Facts and Recommendations for disposition under 18 U.S.C. 3401(i) and 3583(e)....
ORDER ON PLAINTIFF'S MOTION FOR SANCTIONS MARK J. DINSMORE, Magistrate Judge. This matter is before the Court on Plaintiff's Motion for Sanctions Regarding Defendant's Violation of Protective Order. [Dkt. No. 179.] The Court being duly advised, DENIES Plaintiff's Motion. I. Background On April 25, 2012, the Court approved a protective order that had been submitted for approval by Plaintiffs and Nonparty The City of Carmel Police Department. [Dkt. 88, 95.] On April 19, 2013, Defendant...
ENTRY DISCUSSING PETITION FOR WRIT OF HABEAS CORPUS AND DENYING CERTIFICATE OF APPEALABILITY JANE MAGNUS-STINSON, District Judge. Petitioner Michael Hickingbottom filed a Petition for Writ of Habeas Corpus (the " Petition ") on December 12, 2011, seeking to overturn his convictions for two counts of battery with bodily injury. For the reasons stated below, the Petition must be dismissed with prejudice. I. SEVENTH CIRCUIT FILING PROHIBITION On January 3, 2013, the Seventh Circuit Court of...
Entry Discussing Motion to Alter or Amend Judgment WILLIAM T. LAWRENCE, District Judge. This action brought plaintiff under the theory recognized in Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971), was dismissed without prejudice on January 2, 2013, based on the plaintiff's failure to serve process on the defendants. See Kromrey v. U.S. Dept. of Justice, 423 F.App'x 624, 626 (7th Cir. 2011)("Before deciding any case on the merits, a federal court must ensure the presence of both...
ORDER OF PRELIMINARY INJUNCTION, ASSET FREEZE, AND OTHER ANCILLARY RELIEF SARAH EVANS BARKER, District Judge. Having considered Plaintiff's Ex Parte Motion for a Temporary Restraining Order and Ancillary Relief (Dkt # 2), Plaintiff's Memorandum in Support of its Ex Parte Motion for a Temporary Restraining Order and Ancillary Relief (Dkt # 3) and accompanying evidentiary materials, and the Complaint (Dkt # 1) filed by plaintiff U.S. Securities and Exchange Commission ("the SEC"), as...
ORDER ON PLAINTIFF'S BRIEF IN SUPPORT OF APPEAL TIM A. BAKER, Magistrate Judge. I. Introduction Plaintiff Dana Wetter appeals Acting Commissioner Carolyn Colvin's decision denying her disability and disability insurance benefits. Wetter's impairments are fibromyalgia, degenerative changes along her lumbar spine, bilateral carpal tunnel syndrome, right plantar fasciitis/heel spur syndrome, and both affective and anxiety-related disorders. [A.R. at 42.] The Administrative Law Judge denied...
ENTRY ON MOTION TO DISMISS TANYA WALTON PRATT, District Judge. This matter is before the Court on Defendant Koyo USA, Corp.'s ("Koyo") Motion to Dismiss under Federal Rules of Civil Procedure 12(b)(2), (3), and (6), or in the alternative, to Transfer the Case. (Dkt. 21). Plaintiff GT Performance Group, LLC ("GT Performance") brought this breach of contract action against Koyo for allegedly breaching the terms of a brokerage agreement. (Dkt. 1). Koyo argues that this Court lacks personal...
