REPORT AND RECOMMENDATION DORIS L. PRYOR , Magistrate Judge . On December 16, and 20, 2019, the Court held hearings on the Petitions for Warrant or Summons for Offender Under Supervision filed on November 15, and December 19, 2019. Defendant Gomez appeared in person with his appointed counsel Michael Donahoe and Gwendolyn Beitz. The government appeared by Barry Glickman and Jeff Preston, Assistant United States Attorneys. U. S. Parole and Probation appeared by Officers Mark McCleese and...
REPORT AND RECOMMENDATION ON PLAINTIFF'S BRIEF IN SUPPORT OF APPEAL TIM A. BAKER , Magistrate Judge . I. Introduction Plaintiff appeals the Social Security Administration's denial of her application for disability insurance benefits. On appeal, Plaintiff takes issue with many components of the Administrative Law Judge's decision and argues that it is not supported by substantial evidence. Plaintiff contends that the ALJ erred with her step three determination, RFC determination, and...
REPORT AND RECOMMENDATION DORIS L. PRYOR , Magistrate Judge . On October 30, November 20, and December 17, 2019, the Court held hearings on the Petitions for Warrant or Summons for Offender Under Supervision filed on November 8, 2017 and November 5, 2019. Defendant Williams appeared in person with his appointed counsel Joseph Cleary. The government appeared by Abhishek Kambli, Assistant United States Attorney. U. S. Parole and Probation appeared by Officer Troy Adamson. The Court...
REPORT AND RECOMMENDATION DORIS L. PRYOR , Magistrate Judge . On December 9 and 13, 2019, the Court held a hearing on the Petition for Warrant or Summons for Offender Under Supervision filed on November 15, 2019. Defendant Nellum appeared in person with his appointed counsel Sam Ansell. The government appeared by Nick Linder, Assistant United States Attorney. U. S. Parole and Probation appeared by Officers Jason Phillips and Tasha Taylor. The Court conducted the following procedures in...
Order Granting Unopposed Petition for Writ of Habeas Corpus and Directing Entry of Final Judgment JAMES R. SWEENEY, II , District Judge . Indiana prison inmate Ra'mar Daniels petitions for a writ of habeas corpus challenging a prison disciplinary sanction imposed in disciplinary case number MCF 11-04-0071. The Warden has not responded to the Court's order to show cause. 1 For the reasons explained in this Order, Mr. Daniels' habeas petition is GRANTED. A. Overview Prisoners in Indiana...
ORDER DENYING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION TANYA WALTON PRATT , District Judge . In this civil rights action, pro se Plaintiff James L. Asher ("Mr. Asher") alleges an Eighth Amendment policy or practice claim against GEO Group, Inc. for failing to have adequate staffing which resulted in two inmates attacking and injuring him at the New Castle Correctional Facility ("NCCF"). Mr. Asher subsequently filed a Motion for Preliminary Injunction, requesting that the Court...
Order on Motion for Summary Judgment JAMES R. SWEENEY, II , District Judge . Flay Johnson, an African American, sued Justus at Woodland Terrace LLC d/b/a Woodland Terrace of Carmel ("Woodland Terrace"), alleging that it fired her because of her race in violation of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. 2000e2(a), and 42 U.S.C. 1981. 1 Woodland Terrace moves for summary judgment. (ECF No. 54.) Because no reasonable jury could find that Johnson was discharged because of...
Order on Motion for Summary Judgment JAMES R. SWEENEY, II , District Judge . Ashley Martin, an African American, sued Justus at Woodland Terrace LLC d/b/a Woodland Terrace of Carmel ("Woodland Terrace"), alleging that it fired her because of her race in violation of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. 2000e-2(a) et seq., and 42 U.S.C. 1981. Woodland Terrace moves for summary judgment. (ECF No. 62.) Because no reasonable jury could find that Martin was discharged...
Order on Motion for Summary Judgment JAMES R. SWEENEY, II , District Judge . Cynthia Coleman, an African American, sued Justus at Woodland Terrace LLC d/b/a Woodland Terrace of Carmel, alleging that it fired her because of her race in violation of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. 2000e-2(a) et seq., and 42 U.S.C. 1981. Woodland Terrace moved for summary judgment. (ECF No. 66.) Because no reasonable jury could find that Coleman was discharged because of her race,...
ENTRY ON CROSS-MOTIONS FOR SUMMARY JUDGMENT TANYA WALTON PRATT , JUDGE . This matter is before the Court on Cross-Motions for Summary Judgment filed pursuant to Federal Rule of Civil Procedure 56 by Plaintiff Eli Lilly and Company ("Lilly") (Filing No. 231) and Defendant Apotex, Inc. ("Apotex") (Filing No. 254). Lilly is the assignee of U.S. Patent No. 7,772,209 (the "'209 patent"), titled "Antifolate Combination Therapies," which was issued on August 10, 2010. Lilly initiated this patent...
ORDER ADOPTING REPORT AND RECOMMENDATION TANYA WALTON PRATT , District Judge . On December 9, 2019, the Magistrate Judge submitted his Report and Recommendation regarding the United States Probation Office's Petition for Warrant or Summons for Offender Under Supervision (Dkt. 4). The parties were afforded due opportunity pursuant to statute and the rules of this Court to file objections; none were filed. The Court, having considered the Magistrate Judge's Report and Recommendation, hereby...
REPORT AND RECOMMENDATION MARK J. DINSMORE , Magistrate Judge . On November 4, and December 3, 2019, the Court held hearings on the Petition for Warrant or Summons for Offender Under Supervision filed on August 29, 2019. [Dkt. 4.] Defendant Justice appeared in person with his appointed counsel Sam Ansell and Julie Treida. The government appeared by Steve DeBrota, Assistant United States Attorney. U. S. Parole and Probation appeared by Officer Felecia White. The Court conducted the...
ENTRY GRANTING DEFENDANTS' MOTION IN LIMINE TO EXCLUDE PLAINTIFF'S EXPERT WITNESSES TANYA WALTON PRATT , District Judge . This matter is before the Court on a Motion in Limine to Exclude Plaintiff's Experts filed by Defendants William Russell, Thomas Williams, Devon Clark, and Jeremy Street ("Defendants"). (Filing No. 143.) Plaintiff Lamone Lauderdale ("Lauderdale") has disclosed four witnesses that he intends to qualify as experts at trial. (Filing No. 143-1.) Defendants ask...
Order Dismissing Action and Directing Final Judgment TANYA WALTON PRATT , District Judge . Plaintiff Walter Lee Carroll, III, brought this 42 U.S.C. 1983 action alleging that defendant Dustin Keedy arrested him without probable cause in violation of the Fourth Amendment. On Mr. Keedy's motion, the Court dismissed Mr. Carroll's complaint because it was untimely filed and directed Mr. Carroll to show cause why the case should not be dismissed with prejudice. Dkt. 14. Mr. Carroll has filed...
ORDER ON PENDING MOTIONS TIM A. BAKER , Magistrate Judge . I. Introduction Plaintiff Traci Bringle 1 has filed a motion to amend her complaint. [Filing No. 21.] Her motion has drawn a strong objection from Defendant Scott Bringle, who asserts the motion is an untimely and procedurally deficient attempt to "seek a do-over." [Filing No. 22, at ECF p. 1.] Defendant also has filed a motion to strike Plaintiff's reply brief. [Filing No. 24.] As explained below, the Court grants Plaintiff's...
ORDER DENYING DEFENDANT'S MOTION FOR RELIEF SARAH EVANS BARKER , District Judge . This cause is before the Court on Defendant Mathew R. DuSablon's Verified Motion for Relief, Dkt. 42, from this Court's Order on Plaintiff's Petition for Costs and Fees, Dkt. 25, pursuant to Federal Rule of Civil Procedure 60(b)(3). Defendant requests an evidentiary hearing on this motion. Dkt. 62. For the reasons detailed below, we DENY Defendant's Motion for Relief. We conclude that an evidentiary hearing...
ORDER ADOPTING REPORT AND RECOMMENDATION JANE MAGNUS-STINSON , District Judge . On November 26, 2019, the Magistrate Judge submitted a Report and Recommendation, [Filing No. 41], recommending that Plaintiff's claims in this matter be dismissed for Plaintiff's repeated failures to comply with the Court's Orders. The parties were afforded due opportunity pursuant to statute and the rules of this Court to file objections; none were filed. The Court, having considered the Magistrate Judge's...
REPORT AND RECOMMENDATION HON. MAGISTRATE JUDGE MARK J. DINSMORE MARK J. DINSMORE , Magistrate Judge . On November 21, 2019, the Court held an ex parte telephonic hearing on Plaintiff's counsels' Motion for Withdrawal of Appearance by Attorneys, for which the Court ordered Plaintiff Henry Maye to appear by telephone. 1 [Dkt. 37.] Plaintiff Henry Maye failed to appear for the hearing as ordered, and at the conclusion of the hearing, the Court granted counsels' motion to withdraw their...
ORDER JANE MAGNUS-STINSON , District Judge . Plaintiffs Linda and Christopher Gunn initiated this action against Defendant Thrasher, Buschmann & Voelkel, P.C. ( "TBV" ), a collection agency and law firm, after TBV sent a collection letter to the Gunns related to certain homeowners association fees they allegedly owed. The Gunns sued TBV for violations of the Fair Debt Collection Practices Act, 15 U.S.C. 1692e, ( "FDCPA" ), and on November 12, 2019 the Court granted TBV's Motion to...
ENTRY ON CLAIM CONSTRUCTION TANYA WALTON PRATT , District Judge . This patent infringement case is before the Court for construction of patent terms relevant to methods of administering the compound pemetrexed disodium, which is a pharmaceutical product manufactured and sold by Plaintiff Eli Lilly and Company ("Lilly") as ALIMTA . Lilly brought this patent infringement action against Defendant Apotex, Inc. ("Apotex"). In lieu of conducting a Markman hearing, the parties submitted...
