REPORT AND RECOMMENDATION TIM A. BAKER, Magistrate Judge. The parties appeared by counsel December 10, 2014, for an oral argument on Plaintiff's appeal of her denial of disability benefits. Set forth below is the Magistrate Judge's recommended decision issued from the bench following that argument. This ruling recommends that the ALJ's determination be reversed and that this case be remanded pursuant to sentence four of 42 U.S.C. 405(g) for further proceedings. Any objections to the...
REPORT AND RECOMMENDATION MARK J. DINSMORE, Magistrate Judge. Plaintiff John Young ("Young") requests judicial review of the final decision of the Commissioner of the Social Security Administration ("Commissioner") denying his application for Social Security Disability Insurance Benefits ("DIB") under Title II and for Supplemental Security Income ("SSI") under Title XVI of the Social Security Act ("SSA"). See 42 U.S.C. 416(i), 423(d), 1382c(a)(3). For the reasons set forth below, the...
REPORT AND RECOMMENDATION ON PLAINTIFF'S BRIEF IN SUPPORT OF APPEAL TIM A. BAKER, Magistrate Judge. I. Introduction Plaintiff Lori A. Martin appeals Commissioner Carolyn W. Colvin's decision denying her Social Security disability insurance benefits and supplemental security income applications. She asserts four issues on appeal: (1) that substantial evidence does not support the ALJ's finding that Martin did not meet a listing if she stopped her alcohol and substance abuse; (2) that the ALJ...
REPORT AND RECOMMENDATION MARK J. DINSMORE, Magistrate Judge. On December 15, 2014, the Court held a final hearing on the Petition for Warrant or Summons for Offender Under Supervision filed on September 8, 2014. Defendant Gunn appeared in person with his appointed counsel, Gwendolyn Beitz. The government appeared by James Warden, Assistant United States Attorney. U.S. Parole and Probation appeared by Officer Troy Adamson. The Court conducted the following procedures in accordance with Fed. R....
REPORT AND RECOMMENDATION DENISE K. LaRUE, Magistrate Judge. Plaintiff Charles A. Creech ("Creech") requests judicial review of the decision of Defendant Carolyn W. Colvin, Acting Commissioner of the Social Security Administration (the "Commissioner"), denying Creech's applications for disability insurance benefits ("DIB"). The Honorable Tanya W. Pratt, District Judge, designated this Magistrate Judge, under Fed. R. Civ. P. 72 and 28 U.S.C. 636(b)(1), to issue a report and recommendation...
REPORT AND RECOMMENDATION MARK J. DINSMORE, Magistrate Judge. Shanika Davis ("Plaintiff") requests judicial review of the final decision of the Commissioner of the Social Security Administration ("Commissioner") denying her applications for Social Security Disability Insurance Benefits ("DIB") under Title II and Supplemental Security Income ("SSI") under Title XVI of the Social Security Act ("the Act"). See 42 U.S.C. 416(i), 423(d), & 1382c(a)(3). For the reasons set forth below, the...
Magistrate Judge's Report and Recommendation DEBRA McVICKER LYNCH, Magistrate Judge. This matter is before the undersigned according to the Order entered by the Honorable William T. Lawrence, directing the duty magistrate judge to conduct a hearing on the Petition for Warrant or Summons for Offender Under Supervision ("Petition") filed on November 25, 2014, and to submit proposed Findings of Facts and Recommendations for disposition under 18 U.S.C. 3401(i) and 3583(e). Proceedings were...
ENTRY ON DAMAGES TANYA WALTON PRATT, District Judge. On July 21, 2014, a jury trial was commenced in this matter on Plaintiff Jack Brown's ("Mr. Brown") discrimination claim brought under the Americans with Disabilities Act (as amended), 42 U.S.C. 12101 et seq. ("ADAA"), and his First Amendment claim brought under 42 U.S.C. 1983 (" 1983") against Defendants Mayor Kevin Smith (in his official capacity) and the City of Anderson. The trial concluded on July 23, 2014, and the jury...
ENTRY ON OBJECTION TO MAGISTRATE JUDGE'S ORDER TANYA WALTON PRATT, District Judge. This matter is before the Court on an objection to the Magistrate Judge's Order on a motion to reconsider ( Filing No. 300 ) filed by Defendants LVNV Funding, LLC, Resurgent Capital Services, LP, Sherman Capital LLC, Sherman Financial Group LLC, and Sherman Originator LLC (collectively, the "Defendants") ( Filing No. 305 ). Defendants object to the Magistrate Judge's Order on their Motion to Reconsider, which...
ORDER ON MOTION TO SET ASIDE DEFAULT TANYA WALTON PRATT, District Judge. This matter is before the Court on Defendant Theodore Weisser's ("Mr. Weisser") Motion to Set Aside Default ( Filing No. 449 ), filed on November 26, 2014. For the reasons stated below, Mr. Weisser's motion is DENIED. I. BACKGROUND Although the procedural and factual background pertaining to this motion has been set forth in previous orders, a detailed summary in this Entry is instructive. The complaint in this...
ORDER ON JOINT MOTION TO SEAL MARK J. DINSMORE, Magistrate Judge. This matter comes before the Court on the parties' Joint Motion for Leave to File Portions of Exhibit 1 to Affidavit of Denise Chavis Under Seal. [Dkt. 59.] For the following reasons, the Court DENIES the motion. I. Background Debroah Hale ("Plaintiff") sued State Farm Mutual Automobile Insurance Company ("Defendant") for breach of contract and failure to deal in good faith. [Dkt. 1-1.] On November 14, 2014, Defendant filed...
ORDER ON PLAINTIFF'S MOTION FOR RELIEF FROM JUDGMENT MARK J. DINSMORE, Magistrate Judge. This matter comes before the Court on Plaintiff's Motion for Relief from Judgment Pursuant to Rule 60(b)(4). [Dkt. 19.] For the reasons stated below, the Court DENIES Plaintiff's motion. I. Background On April 10, 2014, James Lundeen, Sr., ("Plaintiff") sued Nicholas Rhoad, Stephen Huddleston, Amber Swartzell, and Frances Kelly ("Defendants"), alleging that the Indiana Professional Licensing Agency ("...
REPORT AND RECOMMENDATION ON PLAINTIFF'S MOTION FOR SANCTIONS MARK J. DINSMORE, Magistrate Judge. This matter comes before the Court on Plaintiff's Motion for Sanctions Against Defendant for the Intentional Destruction of Material Evidence. [Dkt. 237.] For the reasons set forth below, the Court recommends that the motion be DENIED. Also before the Court is Plaintiff's Motion in Limine to Preclude Defendant's Witnesses from Testifying at the Evidentiary Hearing. [Dkt. 288.] The Court DENIES...
ORDER ON PENDING MOTIONS SARAH EVANS BARKER , District Judge . This cause is before the Court on three motions: (1) Defendants' motion to strike Plaintiffs' affirmative defenses to counterclaims [Docket No. 282], filed on March 17, 2014; (2) Plaintiffs' motion for summary judgment [Docket No. 329], filed on July 17, 2014; and (3) Defendants' motion for summary judgment [Docket No. 331], filed on July 17, 2014. For the reasons set forth below, Defendants' motion to strike is DENIED as...
Entry Dismissing Petition for Writ of Habeas Corpus JANE MAGNUS-STINSON, District Judge. I. Background Petitioner James Wesley Davis is confined within this District and seeks a writ of habeas corpus pursuant to 28 U.S.C. 2241(c)(3). This action was filed on February 25, 2014. Mr. Davis alleges that he is in federal custody unlawfully. The respondent has responded to the petition and the petitioner has replied. The respondent argues that Mr. Davis failed to exhaust his administrative...
ORDER ON PLAINTIFF'S MOTION TO COMPEL TIM A. BAKER, Magistrate Judge. I. Introduction This is a high-stakes lawsuit about insurance coverage. Plaintiff Indianapolis Airport Authority, the insured, is suing Defendant Travelers Property Casualty Company, the insurer, for coverage of its claim related to the collapse of temporary shoring towers used in constructing IAA's new midfield terminal project. The collapse damaged steel members, disrupted the original plan for completing the project,...
ORDER JANE MAGNUS-STINSON, District Judge. Plaintiffs filed their Complaint against Defendants alleging that this Court has diversity jurisdiction over their action. [ Filing No. 1 at 1-2. ] Plaintiffs properly set forth their citizenships, the citizenship of Defendant AFGA Corporation, and the amount in controversy, but allege that Defendant Lumiere Industries, LLC (" Lumiere ") "is a Colorado limited liability company with its principal place of business in Littleton, Colorado." [ Filing...
ENTRY ON DAMAGES TANYA WALTON PRATT, District Judge. This matter is before the Court on a Motion for Default Judgment ( Filing No. 27 ) filed by Plaintiff J & J Sports Productions, Inc. ("J & J"). On Tuesday, December 16, 2014, the Court held a damages hearing in this matter, which was continued from the hearing originally held on November 6, 2014. Plaintiff J & J appeared by counsel Charlie Gordon. Defendant Enelio Martinez Leone ("Mr. Martinez") appeared pro se, along with interpreter...
ENTRY ON MOTION FOR SUMMARY JUDGMENT TANYA WALTON PRATT , District Judge . This matter is before the Court on a Motion for Summary Judgment filed by Defendants Trustees of the Indiana University School of Medicine, and Dr. Michael Sturek ("Dr. Sturek"), in his official capacity (collectively, "IUSM") (Filing No. 113). Plaintiff Subah Packer, Ph.D. ("Dr. Packer") asserts claims against IUSM under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. ("Title VII") for...
ORDER DENYING MOTION TO WITHDRAW PLEA OF GUILTY SARAH EVANS BARKER, District Judge. On September 22, 2014, Defendant Stanley Watson filed a Motion to Withdraw Plea of Guilty. [Dkt. No. 1254.] The United States opposed the Motion on October 28, 2014. [Dkt. No. 1341.] The court held a hearing on December 8, 2014, at which Defendant appeared in person. [Dkt. No. 1453.] For the following reasons, we DENY Defendant's Motion to Withdraw Plea of Guilty. Federal Rule of Criminal Procedure 11(d)(2)....
