REPORT AND RECOMMENDATION ON PLAINTIFF'S MOTION TO MODIFY THE CHARGING ORDER TIM A. BAKER , Magistrate Judge . Plaintiff Caudill Seed & Warehouse Co., Inc. seeks to modify the existing charging order. The Court previously granted Caudill Seed's request for a charging order against Defendant Mark D. Rose's economic interest in 32 acres located at 13812 Nabb-New Washington Road, Nabb, Clark County, Indiana. Now, Caudill Seed asks the Court to grant it a lien on the entire property, to...
DEFENDANTS THE LEADER'S INSTITUTE, LLC AND DOUG STANEART'S ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS TO PLAINTIFFS' FIRST AMENDED COMPLAINT JANE MAGNUS-STINSON , District Judge . Defendants The Leader's Institute, LLC and Doug Staneart (collectively, "Defendants") hereby file their Answer, Affirmative Defenses, and Counterclaims to Plaintiffs Robert C. Jackson and Magnovo Training Group, LLC's First Amended Complaint (Dkt No. 24). Pursuant to Fed. R. Civ. P. 8(b)(3), Defendants deny...
REPORT AND RECOMMENDATION MARK J. DINSMORE , Magistrate Judge . Shirley J. Bowers ("Bowers") requests judicial review of the final decision of the Commissioner of the Social Security Administration ("Commissioner") denying her application for Disability Insurance Benefits ("DIB") under Title XVI of the Social Security Act ("the Act"). See 42 U.S.C. 416(i), 423(d), 1382c(a)(3)(A). For the reasons set forth below, the Magistrate Judge recommends that the District Judge REVERSE and...
REPORT AND RECOMMENDATION MARK J. DINSMORE , Magistrate Judge . The unique procedural posture of this case presents the Court with what appears to be an issue of first impression for district courts in the Seventh Circuit. On June 4, 2014, the Court issued an Order granting summary judgment in favor of all Defendants on Plaintiff's federal claims brought pursuant to 42 U.S.C. 1983 and remanding Plaintiff's state law claims to the Marion Superior Court. [ Dkt. 92. ] Plaintiff appealed the...
REPORT AND RECOMMENDATION TIM A. BAKER , Magistrate Judge . On December 20 and 22, 2017, the Court held a hearing on the Petition for Warrant or Summons for Offender Under Supervision filed on August 11, 2016. Defendant Henson appeared in person with his appointed counsel Joseph Cleary and retained counsel Sam Ansell. The government appeared by Michelle Brady and Barry Glickman, Assistant United States Attorney. U. S. Parole and Probation appeared by Officer Chris Dougherty. The Court...
REPORT AND RECOMMENDATION MATTHEW P. BROOKMAN , Magistrate Judge . On December 4, 2017, the Court held an Initial Appearance on a Warrant for a Supervised Release Violation. On December 18, 2017 the Court held the Final Hearing on Revocation of Supervised Release. Defendant Hepler appeared in person with his appointed counsel David Lamont. The government appeared by Lauren Wheatley, Assistant United States Attorney. The United States Probation and Parole Office appeared by Officer Andrea...
REPORT AND RECOMMENDATION TO DISMISS COMPLAINT WITHOUT PREJUDICE MATTHEW P. BROOKMAN , Magistrate Judge . Plaintiff Angela Jean Rainbolt has failed to prosecute her complaint for judicial review of the denial of her application for disability benefits by the Commissioner of the Social Security Administration. On June 15, 2017, the court issued its Order (Docket No. 13) that established a briefing schedule and required Ms. Rainbolt to file within thirty (30) days a brief in support of her...
REPORT AND RECOMMENDATION MARK J. DINSMORE , District Judge . On December 5, 2017, the Court held a hearing on the Petition for Warrant or Summons for Offender Under Supervision filed on November 27, 2017. Defendant Cooper appeared in person with her appointed counsel Michael Donahoe. The government appeared by Barry Glickman, Assistant United States Attorney. U. S. Parole and Probation appeared by Officer Ryan Sharp. The Court conducted the following procedures in accordance with Fed. R....
REPORT AND RECOMMENDATION ON APPROPRIATE DISPOSITION OF THE ACTION MATTHEW P. BROOKMAN , Magistrate Judge . Plaintiff Scott J. Head applied for Social Security disability-insurance benefits and supplemental-security-income disability benefits, in May 2013, based on a disability that he alleged began in March 2012. The defendant Commissioner of Social Security denied his applications and Mr. Head brought this suit for judicial review of those denials. The assigned district judge referred...
REPORT AND RECOMMENDATION TIM A. BAKER , Magistrate Judge . On December 20 and 22, 2017, the Court held hearings on the Petition for Warrant or Summons for Offender Under Supervision filed on September 2, 2017. Defendant Broadnax appeared in person with his appointed counsel Joseph Cleary and William Dazey. The government appeared by Michelle Brady and Barry Glickman, Assistant United States Attorneys. U. S. Parole and Probation appeared by Officer Chris Dougherty. The Court conducted the...
Report and Recommendation on Complaint for Judicial Review DEBRA McVICKER LYNCH , Magistrate Judge . This matter was referred to the Magistrate Judge under 28 U.S.C. 636(b)(1)(B) and Fed. R. Civ. P. 72(b) for a report and recommendation as to its appropriate disposition. As addressed below, the Magistrate Judge recommends that the District Judge REVERSE AND REMAND the decision of the Commissioner of the Social Security Administration that plaintiff Michael Martin is not disabled....
ORDER JANE MAGNUS-STINSON , Chief District Judge . Presently pending before the Court is an unopposed Motion for Default Judgment and for Permanent Injunction, [Filing No. 17], filed by Plaintiff David Frye, Trustee of the Indiana Laborers Welfare, Pension, Training and Defined Contribution Trust Funds (the " Trustee "). Pursuant to the Employee Retirement Income Security Act of 1974 (" ERISA "), the Trustee asks this Court to: (1) enter default judgment in his favor and against Defendant...
ORDER DENYING PLAINTIFF'S MOTION TO EXCEED RESPONSE BRIEF PAGES AND DENYING AS MOOT PLAINTIFF'S MOTION FOR EXTENSION OF TIME SARAH EVANS BARKER , District Judge . Currently before the Court are Plaintiff's Motion to Exceed Response Brief Pages [Docket No. 125] and Motion for Extension of Time to Entirely Complete Response Brief to Summary Judgment and File Complete Affidavit [Docket No. 126], both filed on December 22, 2017. Plaintiff Peter Odongo, proceeding pro se, brings this action...
ORDER ON DEFENDANTS' MOTION TO DISMISS SARAH EVANS BARKER , District Judge . Plaintiff Debra Shields ("Ms. Shields"), as the personal representative of the estate of Princola Shields, brought this wrongful death action against the Indiana Department of Correction, the Indiana Women's Prison, Corizon Health, Inc., and several current and former employees of these entities ("Defendants") pursuant to 42 U.S.C. 1983. This matter is now before us on Defendants' Motion to Dismiss three of the...
ORDER JANE MAGNUS-STINSON , Chief District Judge . This matter involves a subpoena (the " Chase Subpoena ") issued by the United States (the " Government ") to a non-party, JPMorgan Chase Bank, N.A. (" Chase ") related to the bank records of Badlands NGLs LLC (" Badlands "). Badlands moved to quash the Chase Subpoena in this Court, and the Government has now moved to transfer this matter to the United States District Court for the District of South Carolina. The Motion to Transfer, [...
Entry Discussing Petition for a Writ of Habeas Corpus and Denying a Certificate of Appealability SARAH EVANS BARKER , District Judge . In 2008, Petitioner Glen Eads was found guilty in Indiana state court of Stalking. He faces the revocation of his parole because of his failure to report to his parole officer as well as crimes he committed while on parole. He brought this petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254 while he was being detained in the Hamilton County...
ORDER ON PLAINTIFF'S BRIEF IN SUPPORT OF REQUEST FOR JUDICIAL REVIEW TIM A. BAKER , Magistrate Judge . I. Introduction Plaintiff Dakota C. Reynolds appeals the Commissioner's denial of her application for Social Security benefits. She asserts that the ALJ erred at step 2 of the sequential analysis in failing to analyze her fibromyalgia. The Court agrees and therefore grants Reynolds' request for a remand under sentence four of 42 U.S.C. 405(g) for further consideration. Reynolds also...
ORDER ADOPTING REPORT AND RECOMMENDATION WILLIAM T. LAWRENCE , District Judge . Having reviewed Magistrate Judge Craig M. McKee's Report and Recommendation that James Chambers' supervised release be revoked, pursuant to Title 18 U.S.C. Sec. 3401(i), Rule 32.1(a)(1) Federal Rules of Criminal Procedure and Title 18 U.S.C. Sec. 3583, the Court now approves and adopts the Report and Recommendation as the entry of the Court, and orders a sentence imposed of imprisonment of 18 months in the...
REPORT AND RECOMMENDATION CRAIG M. McKEE , Magistrate Judge . On October 31, 2017 and December 1, 2017, the Court held hearings on the Petitions for Warrant or Summons for Offender Under Supervision filed on October 6, 2017 and October 24, 2017. Defendant Chambers appeared in person with his appointed counsel John Kesler. The government appeared by Bradley Blackington, Assistant United States Attorney. U. S. Parole and Probation appeared by Officer Jennifer Considine. The Court conducted...
Entry Dismissing Petition for a Writ of Habeas Corpus TANYA WALTON PRATT , District Judge . Daquan Whitener filed this 28 U.S.C. 2254 habeas corpus action on July 10, 2017, challenging a prison disciplinary conviction and sanctions in prison disciplinary action case number CIC 17-04-0196. In that action his sanctions included a demotion in credit earning class. After he filed his petition, the Indiana Department of Correction reconsidered his administrative appeal, amended to a lesser...
