U.S. District Courts - Indiana ©   Coverage   Help   Search Westlaw   Topic: AllAntitrust & Trade RegulationBankruptcyCivil RightsCommercial Law & ContractsCriminal JusticeEducationEnergyFinance & BankingGovernment BenefitsHealth & MedicineInsuranceIntellectual PropertyLabor & EmploymentLegal EthicsMaritime LawPension & Retirement BenefitsProducts LiabilityTransportation Pamela GASKILL, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , N.D.Ind., November 18, 2009 OPINION AND ORDER ROGER B. COSBEY, United States Magistrate Judge. Plaintiff Pamela Gaskill appeals to the district court from a final decision of the Commissioner of Social Security ("Commissioner") denying her application under the Social Security Act (the "Act") for a period of disability and Disability Insurance Benefits ("DIB"), and Supplemental Security Income ("SSI"). [FN1] (See Docket # 1.) For the following reasons, the Commissioner's decision will be REVERSED, and the case will be R... Nathaniel D. MILLER, Plaintiff, v. Charles G. HART, Defendants. , N.D.Ind., November 18, 2009 OPINION AND ORDER ROGER B. COSBEY, United States Magistrate Judge. I. INTRODUCTION This case began on May 6, 2008, when the pro se Plaintiff, Nathaniel D. Miller filed his Complaint brought under 42 U.S.C. § 1983 against Charles G. Hart alleging that he "was denied medical attention from July 17th 2007 until October 10th 2007." (Compl. at 3.) In particular, Miller alleges that he alerted unnamed jail staff members in July, 2007, that he had an impacted, decayed and infected lower molar and tha... Ronald KUYKENDALL, Plaintiff, v. Michael J. ASTRUE, Commissioner of the Social Security Administration, Defendant. , S.D.Ind., November 18, 2009 ENTRY ON JUDICIAL REVIEW LARRY J. McKINNEY, District Judge. Plaintiff, Ronald Kuykendall ("Kuykendall"), requests judicial review of the final decision of Defendant, Michael J. Astrue, Commissioner of the Social Security Administration (the "Commissioner"), which found that Kuykendall was not entitled to a period of disability, Disability Insurance Benefits ("DIB"), and Supplemental Security Income ("SSI"). The Court rules as follows. I. BACKGROUND Kuykendall was born on October 8, 1941. R.... UNITED STATES of America v. Kevin BUSH (02). , N.D.Ind., November 17, 2009 OPINION AND ORDER ROBERT L. MILLER, JR., Chief Judge. Kevin Bush, who had traded a gun for crack cocaine, pleaded guilty to using a firearm during and in relation to a drug trafficking crime in violation of 18 U.S.C. § 924(c). Mr. Bush, a career offender, was sentenced to 180 months' imprisonment followed by three years supervised release. Mr. Bush is now before the court requesting that his sentence be vacated pursuant to 28 U.S.C. § 2255. Mr. Bush argues that (1) the government breached the... UNITED STATES of America, Plaintiff, v. James GUYTON, Defendant. , N.D.Ind., November 17, 2009 OPINION AND ORDER RUDY LOZANO, District Judge. This matter is before the Court on the Petition for Modification of Sentence Pursuant to 18 U.S.C. § 3582(c)(2) based on Retroactive Application of November 1, 2007, United States Sentencing Guidelines, U.S.S.G. § 2D1.1(c) Amendment and Motion for Resentencing Hearing (DE # 121) filed by Defendant, James Guyton, on November 14, 2008. For the reasons set forth below, Defendant's request for a sentencing modification and rehearing (DE # 121) is DEN... Jonathan LYNCH, Plaintiff, v. OFC. HUFFMAN, et al., Defendants. , S.D.Ind., November 17, 2009 Entry Granting Motion to Amend Complaint and Order Directing Dismissal of Action WILLIAM T. LAWRENCE, District Judge. The plaintiff's motion to file an amended complaint (dkt 10) is granted. The clerk is directed to detach the proposed amended complaint (dkt 10, exhibit 1) and file and docket it as the amended complaint. For the reasons explained in this Entry, the action must be dismissed. Discussion Plaintiff Jonathan P. Lynch ("Lynch") is an inmate at the Putnamville Correctional Faci... Dennis BARKER, Plaintiff, v. Deanna HENDERSON, et al., Defendants. , N.D.Ind., November 17, 2009 OPINION and ORDER JAMES T. MOODY, District Judge. Dennis Barker, a pro se prisoner, filed a complaint under 42 U.S.C. § 1983. "A document filed pro se is to be liberally construed, and a pro se complaint, however inartfully pleaded, must be held to less stringent standards than formal pleadings drafted by lawyers." Erickson v. Pardus, 551 U.S. 89, 94 (2007) (quotation marks and internal citations omitted). Nevertheless, pursuant to 28 U.S.C. § 1915A, the court must review the merits of a pris... Stephen RODGERS, Petitioner, v. Bruce LEMON, Superintendent, Respondent. , S.D.Ind., November 17, 2009 Entry Discussing Petition for Writ of Habeas Corpus WILLIAM T. LAWRENCE, District Judge. The writ Stephen Rodgers seeks in relation to the prison disciplinary proceeding identified as No. WVE 08-12-0076, in which it was determined that Rodgers had violated prison rules by his unauthorized use of a controlled substance, can be issued only if the court finds that he "is in custody in violation of the Constitution or laws or treaties of the United States." 28 U.S.C. § 2254(a). Because Rodgers ha... Garland J. WHALEY, Sr., Petitioner, v. SUPERINTENDENT, Respondent. , S.D.Ind., November 17, 2009 Entry Discussing Petition for Writ of Habeas Corpus WILLIAM T. LAWRENCE, District Judge. For the reasons explained in this Entry, the petition of Garland Whaley, Sr. ("Whaley") for a writ of habeas corpus must be denied. Background Whaley was convicted in an Indiana state court of dealing in cocaine, criminal recklessness, resisting law enforcement, and adjudication as an habitual offender. Whaley v. State, 843 N.E.2d 1 (Ind.Ct.App.2006). The trial court's denial of Whaley's petition for post... Earnest BELL, Petitioner, v. SUPERINTENDENT, WESTVILLE CORRECTIONAL FACILITY, Respondent. , N.D.Ind., November 17, 2009 OPINION and ORDER JAMES T. MOODY, District Judge. Earnest Bell, a prisoner confined at the Westville Correctional Facility, filed this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his 2006 Cass County convictions of two counts of dealing in cocaine, for which he received sentences of twenty years to be served concurrently. Bell filed his current petition for writ of habeas corpus on March 30, 2009. Respondent moves to dismiss this petition as a second and succe... Albert NUZZI, Plaintiff, v. COACHMEN INDUSTRIES, INC. d/b/a Coachmen Recreational Vehicle, LLC, and Consolidated Leisure Industries, LLC, Defendants. , N.D.Ind., November 16, 2009 OPINION and ORDER JAMES T. MOODY, District Judge. Plaintiff Albert Nuzzi brought this action against defendants Coachmen Industries, Inc, Coachmen Recreational Vehicle, LLC, and Consolidated Leisure Industries, LLC, all of which are related business entities, alleging employment discrimination after he was laid off from his job with defendants. (DE # 1.) Defendants have now moved to dismiss and compel arbitration, arguing that plaintiff's claims are subject to binding arbitration. (DE 13-14.)... Kathryn MORTON and Deanna Hembree, Plaintiffs, v. HYDRO-SYSTEMS, LLC, and Richard Stewart and Ronald Cooper in their individual capacities, Defendants. , N.D.Ind., November 13, 2009 OPINION and ORDER ROGER B. COSBEY, United States Magistrate Judge. I. INTRODUCTION Plaintiffs Kathryn Morton and Deanna Hembree are suing Defendants Hydro- Systems, LLC, and Richard Stewart and Ronald Cooper, individually, on a number of federal and state law claims. The Court's present focus, however, is on their sexual harassment claims brought under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et. seq. ("Title VII"). [FN1] The scope of the inquiry is quite narro... Michael LATSON, Plaintiff, v. ETHICON INC., et al., Defendants. , N.D.Ind., November 13, 2009 OPINION AND ORDER CHRISTOPHER A. NUECHTERLEIN, United States Magistrate Judge. On December 15, 2008, Plaintiff, Michael Latson ("Latson"), filed his complaint in this Court. In the original complaint, Latson alleged that Ethicon Endo-Surgery Inc. negligently manufactured defective and unreasonably dangerous surgical mesh which caused Latson injury. On February 6, 2009, Defendant, Ethicon Endo-Surgery Inc., filed an answer contending that it was not the proper party as it did not manufacture t... AUSTRALIAN GOLD, LLC, Plaintiff, v. RALEY'S, INC., Johnny Raley and the Estate of Floyd L. Raley, Defendants. , S.D.Ind., November 13, 2009 ORDER ON MOTION TO DISMISS LARRY J. McKINNEY, District Judge. This matter comes before the Court on defendants', Johnny Raley ("Raley" or "Johnny Raley") and the Estate of Floyd L. Raley (the "Estate"), Motion to Dismiss the Amended Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). Plaintiff, Australian Gold, LLC ("Australian Gold"), initiated this action alleging breach of a distributorship agreement. On October 29, 2009, the parties informed the Court that the "Estate" and def... Larry T. OUTLAW, Petitioner, v. SUPERINTENDENT, Respondent. , N.D.Ind., November 13, 2009 OPINION AND ORDER PHILIP P. SIMON, District Judge. Larry Outlaw, a pro se prisoner, was docked 730 days of good time credit after being found guilty by the prison's Disciplinary Hearing Board ("DHB") of attempted trafficking. Outlaw filed this habeas corpus petition challenging the loss of his earned credit time. Here are the facts that led to Outlaw's loss of good time credit according to the conduct report prepared by Andrea Gordon, a prison nurse: I was called to D-Pod to do a[n] emerg... Dave MISCH, Board of Trustees Chairman, on behalf of PLUMBERS LOCAL NO. 210 WELFARE FUND, et al., Plaintiffs, v. PIPING TECHNOLOGIES NORTH, INC. and Bernard Paul Golden, Defendants. , N.D.Ind., November 13, 2009 OPINION AND ORDER THERESA L. SPRINGMANN, District Judge. On October 19, 2007, the Plaintiffs filed their Amended Complaint [DE 15] against the Defendants, seeking damages for the Defendants' alleged violation of the Employee Retirement Income Security Act of 1974, as amended (ERISA). The Defendants filed their Answer [DE 17], on November 15, 2007. After a prolonged period of discovery, the Plaintiffs filed their Motion for Summary Judgment [DE 30] on May 1, 2009, and their Amended Memorandum ... Laura Y. RICHARDSON, Plaintiff, v. Michael J. ASTRUE, Commissioner of the Social Security Administration, Defendant. , S.D.Ind., November 13, 2009 Entry Granting Application for Attorney Fees under the Equal Access to Justice Act SARAH EVANS BARKER, District Judge. I. Background Laura Y. Richardson ("Richardson") applied for Disability Insurance Benefits ("DIB") and Supplemental Security Income ("SSI") based on several severe physical and mental impairments. Her applications were denied initially, on reconsideration, and by an Administrative Law Judge ("ALJ"). The Appeals Council denied review and on judicial review this court determined... Jimi MILLER, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , N.D.Ind., November 13, 2009 OPINION AND ORDER THERESA L. SPRINGMANN, District Judge. Plaintiff Jimi Miller appeals to the District Court from a final decision of the Commissioner of Social Security denying her February 25, 2004 application for a period of disability and disability insurance benefits. The Plaintiff claims that she is entitled to benefits under Title II of the Social Security Act, 42 U.S.C. §§ 416(i) and 423, because she has been disabled since May 2, 2003, due to ulcerative colitis, arthritis, degenerati... KARL SCHMIDT UNISIA, INC., Plaintiff/Counter-Defendant, v. INTERNATIONAL UNION, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local 2357; and Sam Jenkins and John Tony Smith, Defendants/Counter-Plaintiffs. , N.D.Ind., November 12, 2009 OPINION AND ORDER JOSEPH S. VAN BOKKELEN, District Judge. This matter is before the Court on the Motion for Summary Judgment [DE 31] of Defendants/Counter-Plaintiffs, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local 2357, and Sam Jenkins and John Tony Smith. A. Standard of Review A motion for summary judgment must be granted "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show tha... Darmon BOND, Plaintiff v. Eric BITTRICH and Dan Wisniewski, Defendants. , N.D.Ind., November 12, 2009 OPINION AND ORDER ROBERT L. MILLER, JR., Chief Judge. Darmon Bond, a pro se prisoner, submitted an amended complaint under 42 U.S.C. § 1983. Under 28 U.S.C. § 1915A, the court must review the merits of a prisoner complaint and dismiss it if the action is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. 28 U.S.C. § 1915A(a), (b). Federal Rule of Civil Procedure 12(b)(6) provides for th... ELITE ENTERPRISES, INC., and Creative Liquid Coatings, Inc., Plaintiffs, v. LIBERTY STEEL PRODUCTS, INC., Defendant. , N.D.Ind., November 12, 2009 OPINION AND ORDER ROGER B. COSBEY, United States Magistrate Judge. I. INTRODUCTION Elite Enterprises, Inc. ("Elite"), and Creative Liquid Coatings, Inc. ("Creative"), are suing Liberty Steel Products, Inc. ("Liberty"), claiming that it breached its Supplier Agreement when it stopped using them to paint automobile bumpers supplied to Freightliner Trucks. [FN1] (Docket # 1.) The parties have now filed cross-motions for summary judgment (Docket # 42, 49), and the issue essentially comes down to ... Brian FOX, on behalf of himself and all others similarly situated, Plaintiffs, v. MARTIN TRANSPORTATION SYSTEMS, INC., Defendant. , N.D.Ind., November 12, 2009 OPINION AND ORDER ROGER B. COSBEY, United States Magistrate Judge. Following Chief Judge Miller's order granting collective action status under the name of Brian Fox v. Martin Transportation Systems, Inc. (Docket # 25), this Court took up the Plaintiffs' Motion for Approval of Proposed Collective Action Notice and Opt-In Consent Form (Docket # 17) in a hearing on November 12, 2009. Many of Defendant's objections were not challenged by the Plaintiffs at the hearing and, accordingly, the Court ... Hanyuan DONG, Plaintiff v. Virginia GARCIA, Defendant. , N.D.Ind., November 12, 2009 OPINION and ORDER ROBERT L. MILLER, JR., Chief Judge. Virginia Garcia has moved to bar the testimony of the plaintiff's experts, Dr. Eric Larson and Jennifer Barthel, based on Hanyuan Dong's lack of compliance with Federal Rule of Civil Procedure 26. Although Ms. Garcia hasn't specified the legal basis for her request, Federal Rule of Civil Procedure 37(c)(1) addresses the sanctions available for a party's failure to make the disclosures required by Rule 26. Ms. Garcia asks the court to exclu... Tyrone WHEELER, Plaintiff, v. UNITED PARCEL SERVICE, Defendant. , S.D.Ind., November 10, 2009 ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT LARRY J. McKINNEY, District Judge. This matter is before the Court on defendant's, United Parcel Service ("UPS"), Motion for Summary Judgment (Dkt. No. 24). Plaintiff, Tyrone Wheeler ("Wheeler"), claims that UPS fired him on two separate occasions because of his race. Dkt. No. 1 at 2. UPS claims it terminated Wheeler for legitimate reasons: (1) Wheeler intentionally failed to complete his assigned work in order to "prove a point," and (2) Whee... Larry G. KENNEDY, Plaintiff, v. EQUIFAX, INC., Transunion, LLC, Experian, Saxon Mortgage Services, Inc., Saxon Capital, Inc., and Morgan Stanley, Defendants. , S.D.Ind., November 10, 2009 ORDER ON SAXON MORTGAGE SERVICE, INC.'S MOTION TO RECONSIDER PARTIAL DENIAL OF SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, TO CERTIFY THIS MATTER FOR INTERLOCUTORY APPEAL RICHARD L. YOUNG, District Judge. Defendant, Saxon Mortgage Services, Inc.'s ("Saxon Mortgage"), moves the court to reconsider one issue in its June 12, 2009, Order ("Summary Judgment Order") granting in part and denying in part Saxon Mortgage's Motion for Summary Judgment. Specifically, it asks the court to reconsider that por... Eric Scott ROPP, Petitioner, v. SUPERINTENDENT, Respondent. , N.D.Ind., November 10, 2009 OPINION AND ORDER THERESA L. SPRINGMANN, District Judge. Eric Scott Ropp, a prisoner proceeding pro se, filed this habeas corpus petition challenging his loss of 180 days earned credit time imposed after a Disciplinary Hearing Body ("DHB") at the Indiana State Prison in Michigan City, Indiana, found Ropp guilty of committing battery against another inmate in violation of A102. A. Factual Background On July 12, 2007, Internal Affairs Officer C. Whelan prepared a conduct report charging Ropp... Rex A. SHADLE, Plaintiff, v. FIRST FINANCIAL BANK, N.A., Defendant. , N.D.Ind., November 10, 2009 OPINION AND ORDER ROGER B. COSBEY, United States Magistrate Judge. Before the Court is a motion to compel, together with a request to extend the discovery deadline, filed by pro se Plaintiff Rex Shadle on October 8, 2009. (Docket # 22.) For the reasons set forth herein, Shadle's motion will be DENIED. A. BACKGROUND Shadle, who was represented by counsel at the time, commenced this suit (originally filed as a class action) against Defendant First Financial Bank, N.A., on January 12, 2009, a... Nathaniel D. MILLER, Plaintiff, v. Kimberly SEISS, Teresa Smith, and Thomas Strausborger, Defendants. , N.D.Ind., November 10, 2009 OPINION AND ORDER THERESA L. SPRINGMANN, District Judge. This matter is before the Court on pro se Plaintiff Nathaniel D. Miller's Motion to Amend [DE 75], filed on October 13, 2009. The Plaintiff seeks to amend his complaint to add a new defendant. BACKGROUND On July 10, 2007, the Plaintiff filed his Complaint against the Fort Wayne Police Department and three of its detectives. On August 13, the Plaintiff filed an Amended Complaint in response to the Court's order to cure deficiencies. On... Sherry JACOBSON, Plaintiff, v. SLM CORPORATION WELFARE BENEFIT PLAN, Defendant. , S.D.Ind., November 10, 2009 ENTRY ON PLAINTIFF'S PETITION FOR ATTORNEY FEES DAVID F. HAMILTON, Chief Judge. Plaintiff Sherry Jacobson filed suit in this court under ERISA against defendant SLM Corporation Welfare Benefit Plan for its denial of her claim for long-term disability benefits. Both sides moved for summary judgment, and on September 1, 2009, this court granted Jacobson's motion, denied SLM's motion, and remanded the case to SLM's claims review fiduciary for further findings and explanation. Dkt. No. 37. ... BORGWARNER DIVERSIFIED TRANSMISSION PRODUCTS, INC., Plaintiff, v. INTERNATIONAL UNION, United Automobile, Aerospace, and Agricultural Implement Workers of America, its Local No. 287, Jim Barrett, Larry Bradburn, James A. Clark, John W. Fennimore, T, S.D.Ind., November 9, 2009 ORDER LARRY J. McKINNEY, District Judge. This matter comes before the Court on the following motions: defendants', International Union, United Automobile, Aerospace, and Agricultural Implement Workers of America ("UAW") and UAW Local No. 287 ("Local 287", collectively, the "Union"), Motion to Dismiss; the Union's Motion to Strike Amended Complaint ("Motion to Strike") or, in the Alternative, Motion to Dismiss Plaintiff's Amended Complaint; the Union's Motion to Strike Notice (Other) of Ruling... MERRIL LYNCH LIFE INSURANCE COMPANY, and Ml Life Insurance Company of New York, Plaintiffs, v. LINCOLN NATIONAL LIFE INSURANCE COMPANY, Defendant. , N.D.Ind., November 9, 2009 OPINION AND ORDER ROGER B. COSBEY, United States Magistrate Judge. Before the Court is Plaintiffs' Motion for Leave to File a Surreply to Lincoln's Motion to Dismiss (Docket # 40), seeking leave to address the covenant not to sue argument advanced by Defendant in its reply brief. (Docket # 39.) Defendant, however, opposes Plaintiffs' motion on three grounds, arguing that this Court's Local Rules do not permit surreplies, that the surreply is untimely, and that its covenant not to sue is suffi... Dennis KNIGHT, Plaintiff, v. Steven HURNI, et al., Defendants. , N.D.Ind., November 9, 2009 OPINION AND ORDER JOSEPH S. VAN BOKKELEN, District Judge. Dennis Knight, a pro se prisoner, submitted a complaint under both 42 U.S.C. § 1983 and Indiana tort law. He also filed a motion to amend seeking to clarify the amount of monetary damages he is seeking. Pursuant to Fed. R. Civ. P. 15(a), the motion to amend will be granted, but because the claim does not state a claim for which federal relief can be granted, the federal claims will be dismissed with prejudice and the State law claims w... Jacob Lee PRICE, Petitioner, v. SUPERINTENDENT, MIAMI CORRECTIONAL FACILITY, Respondent. , N.D.Ind., November 9, 2009 Jacob Lee Price, Bunker Hill, IN, pro se. OPINION AND ORDER JOSEPH S. VAN BOKKELEN, District Judge. Petitioner Jacob Price, a prisoner confined at the Miami Correctional Facility, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 regarding his conviction of attempted murder in the Tippecanoe Superior Court, for which he received a sentence of sixty-five years imprisonment. The Indiana Supreme Court affirmed the conviction. The records of this court establish that Price... Tyrone FRAZIER, Plaintiff, v. Mark LEVENHAGEN, Superintendent of the Indiana State Prison, Defendant. , N.D.Ind., November 9, 2009 Tyrone Frazier, Michigan City, IN, pro se. OPINION AND ORDER JOSEPH S. VAN BOKKELEN, District Judge. Tyrone Frazier, a prisoner confined at the Indiana State Prison ("ISP"), filed a complaint pursuant to 42 U.S.C. § 1983, alleging that ISP Superintendent Mike Levenhagen violated his federally protected rights by taking away his contact visitation for six months. Frazier seeks injunctive relief reinstating his contact visitation. Pursuant to 28 U.S.C. § 1915A(a), a court shall review any ... Bobby HENARD, Petitioner, v. SUPERINTENDENT, Respondent. , N.D.Ind., November 9, 2009 Bobby Henard, Michigan City, IN, pro se. OPINION AND ORDER THERESA L. SPRINGMANN, District Judge. Bobby Henard filed a Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody Seeking Review of a Prison Disciplinary Sanction. Under Rule 4 of the Rules Governing Section 2254 Cases, district courts are obligated to review a habeas corpus petition and to dismiss it if "it plainly appears from the petition and any attached exhibits that the petitioner is not entitl... ACCEPTANCE INDEMNITY INSURANCE COMPANY, Plaintiff, v. Sahmeeda B. YUDDIN, et al., Defendants. , N.D.Ind., November 9, 2009 OPINION AND ORDER CHRISTOPHER A. NUECHTERLEIN, United States Magistrate Judge. I INTRODUCTION In January, 2007, over the course of several days, Kimberly Walker and her children were confined to the Sleepy Hollow Motel in Elkhart, Indiana, and held against their will by threat or force by Walker's former boyfriend, Jerry White. Eventually White was arrested and convicted of criminal confinement. Walker has since filed a complaint against the motel in state court alleging that the motel emp... Lori B. TURNER, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , S.D.Ind., November 9, 2009 MEMORANDUM DECISION AND ORDER WILLIAM G. HUSSMANN, JR., United States Magistrate Judge. This matter is before the Honorable William G. Hussmann, Jr., United States Magistrate Judge, upon the Consents filed by the parties (Docket Nos. 10, 15) and an Order of Reference entered by District Judge Richard L. Young on March 4, 2009 (Docket No. 16). I. Statement of the Case Plaintiff, Lori B. Turner, seeks judicial review of the final decision of the agency, which found her not disabled and, there... Cornelius L. MAY, Plaintiff, v. GALE TSCHUOR COMPANY, INC., Defendant. , N.D.Ind., November 6, 2009 OPINION AND ORDER ANDREW P. RODOVICH, United States Magistrate Judge. This matter is before the court on the Verified Motion for Sanctions [DE 46] filed by the defendant, Gale Tschuor Company, Inc., on July 8, 2009. For the following reasons, the motion for Rule 11 sanctions is GRANTED. Background On November 7, 2008, the court ordered the plaintiff, Cornelius May, and the defendant, Gale Tschuour Company, to mediate their dispute pursuant to the Report of Parties' Planning Meeting filed on O... Brian OLIG, David Olig, and James Olig and Candace Olig, on their own behalf and on behalf of their minor son, Nicholas Olig, and their minor son, Bradley Olig, Plaintiffs v. CITY OF HOBART POLICE DEPARTMENT, Hobart Police Officer Paul Oliver, Hoba, N.D.Ind., November 6, 2009 OPINION AND ORDER ANDREW P. RODOVICH, United States Magistrate Judge. This matter is before the court on the Verified Motion to Reconsider the Court's Ruling of August 11, 2009 [DE 20] filed by the plaintiffs on August 12, 2009, and the First Amended Motion to Reconsider the Court's Ruling of August 11, 2009 [DE 23] filed by the plaintiffs on September 8, 2009. For the reasons set forth below, the motions are DENIED. Background On July 20, 2009, the defendants filed a Motion to Strike Plainti... UNITED STATES of America, v. Donald L. LEACH. , N.D.Ind., November 6, 2009 OPINION AND ORDER ROBERT L. MILLER, JR., Chief Judge. Donald Leach was indicated in June 2009 for not registering and updating his registration under the Sex Offender Registration and Notification Act (SORNA) in violation of 18 U.S.C. § 2250. Mr. Leach moves to dismiss the indictment on the following grounds: 1) he isn't required to register as a sex offender in the State of Indiana pursuant to Wallace v. State, 905 N.E.2d 371 (Ind. April 30, 2009); 2) the Indictment alleges that he was requi... Rita PERRY, as Administrator of the Estate of Melissa Mroczek, Plaintiff, v. Timothy P. SILLS and United Parcel Service a/k/a/ UPS, Defendants. , N.D.Ind., November 6, 2009 Duke T. Escue, Walter J. Alvarez, Law Office Of Walter J. Alvarez PC, Crown Point, IN, for Plaintiff. D. Bryce Zoeller, Michael Wroblewski, Kightlinger & Gray LLP, Indianapolis, IN, for Defendants. OPINION AND ORDER PHILIP P. SIMON, District Judge. Plaintiff Melissa Mroczek brought this negligence action against Defendants United Parcel Service ("UPS") and Timothy Sills, a UPS driver, claiming that Sills negligently operated a UPS semi-tractor trailer, resulting in a traffic accident tha... Timmy PHOVEMIRE, Plaintiff, v. Michael ASTRUE, Commissioner of Social Security, Defendant. , N.D.Ind., November 6, 2009 OPINION and ORDER ROGER B. COSBEY, United States Magistrate Judge. This matter is before the Court on the Commissioner's Motion for Relief from Judgment Under Rule 60(b) [Docket # 28] filed by the United States of America on November 5, 2009. Of course, the record reflects that the matter is currently on appeal to the Seventh Circuit Court of Appeals, so this Court cannot immediately grant the relief requested. Rather, as the Commissioner recognizes, Seventh Circuit Rule 57 applies: A ... PENNSYLVANIA LUMBERMENS MUTUAL INSURANCE COMPANY as subrogee of Mark Line Industries, Inc., Plaintiff, v. CRIPE MOBILE HOME TRANSPORT, LLC, and W.O. Moss Regional Medical Center, Defendants. , N.D.Ind., November 6, 2009 OPINION AND ORDER PHILIP P. SIMON, District Judge. Plaintiff Pennsylvania Lumbermens Mutual Insurance Co. ("PA Lumbermens") brought this negligence action as subrogee of Mark Line Industries, Inc. ("Mark Line") against Defendants Cripe Mobile Home Transport, LLC's ("Cripe") and W.O. Moss Regional Medical Center ("W.O.Ross"). According to the one-count Complaint, Mark Line hired Cripe to deliver mobile officer trailers from Indiana to W.O. Moss in Louisiana. (DE 1 at ¶ 5.) W.O. Moss staff then... NIBCO INC., Plaintiff, v. AMERICAN FUNDS SERVICE CO. et al., Defendants. , S.D.Ind., November 6, 2009 ENTRY ON DEFENDANTS' MOTION TO DISMISS WILLIAM T. LAWRENCE, District Judge. This cause is before the Court on the Defendants' Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) (Docket No. 15). The motion is fully briefed, and the Court, being duly advised, DENIES the motion for the reasons set forth below. I. RULE 12(b)(6) STANDARD In reviewing a motion to dismiss under Rule 12(b)(6), the Court must take the facts alleged in the complaint as true and draw all reasonable... Robert LYNN, Plaintiff, v. Hans G. POPPE and Digital Lifestyles, Inc., Defendants. , S.D.Ind., November 6, 2009 ENTRY ON MOTIONS TO DISMISS DAVID F. HAMILTON, Chief Judge. Robert Lynn brought this action pursuant to 42 U.S.C. § 1983 claiming that defendants Hans G. Poppe and Digital Lifestyles, Inc. deprived him of federal due process rights through their abuse of process and malicious prosecution of civil actions in state courts. The defendants have moved to dismiss the complaint under Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief can be granted. Because Lynn fails to allege... Jeffrey L. SMITH, Plaintiff, v. Daine MALFESE, et al., Defendants. , N.D.Ind., November 6, 2009 OPINION AND ORDER THERESA L. SPRINGMANN, District Judge. Jeffrey L. Smith, a prisoner, submitted a pro se Complaint under 42 U.S.C. § 1983. Pursuant to 28 U.S.C. § 1915A, the court must review the merits of a prisoner complaint and dismiss it if the action is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. 28 U.S.C. § 1915A(a), (b). Courts apply the same standard under § 1915A as when... Lisa Ann BETZNER, Appellant, v. FIRST FEDERAL SAVINGS BANK, Appellee. , N.D.Ind., November 6, 2009 OPINION AND ORDER WILLIAM C. LEE, District Judge. This matter is before the court on a motion for an award of attorney's fees and costs incurred on appeal, filed by the appellee, First Federal Savings Bank ("First Federal"), on July 10, 2009. The appellant, Lisa Ann Betzner ("Betzner"), filed her response on October 6, 2009. For the following reasons, the motion will be granted. Discussion First Federal has filed its motion pursuant to Rule 8020 of the Federal Rules of Bankruptcy Procedu... Christopher E. WASHINGTON, Plaintiff, v. EQUIFAX CREDIT BUREAU, Defendant. , N.D.Ind., November 6, 2009 OPINION AND ORDER PHILIP P. SIMON, District Judge. Christopher Washington, a pro se plaintiff, filed a complaint alleging that Equifax Credit Bureau violated the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. § 1681, by disseminating personal and credit information about Washington that was "false, erroneous and misleading." (DE 25 at ¶ 20.) This particular claim appears to be brought under § 1681e(b) of the FCRA. Washington also alleges Equifax violated the FCRA because it "failed to employ r... Lawrence M. BICKEL, on behalf of himself and others similarly situated, Plaintiff, v. SHERIFF OF WHITLEY COUNTY (in his official capacity), Defendant. , N.D.Ind., November 6, 2009 OPINION AND ORDER THERESA L. SPRINGMANN, District Judge. This matter is before the Court on the Plaintiff's Motion to Strike Affidavits of Judge Heuer, Judge Rush, and Prosecutor Matt Rentshler [DE 69], filed on September 18, 2009. A. Background The Plaintiff, Lawrence M. Bickel, on behalf of himself and others similarly situated, has sued the Sheriff of Whitely County in his official capacity pursuant to 42 U.S.C. § 1983. The Plaintiff alleges that the Sheriff engaged in a practice, proce... Ray LINK, Plaintiff, v. Toby H. RHYMER, et al., Defendants. , N.D.Ind., November 6, 2009 OPINION AND ORDER ROGER B. COSBEY, United States Magistrate Judge. I. INTRODUCTION There is no real dispute that Ray Link, a pretrial detainee, started a fracas in a crowded holding cell of the Allen County Jail when he punched a confinement officer and then tried to evade at least five more officers sent to subdue him. Link claims the various officers (Defendants Hamilton, Rhymer, Tindall, Meckley, Gonzalez, and Giradot) used excessive force in the process and is suing them under the Fourth a... Ailene RANDOLPH, Plaintiff, v. LARUE D. CARTER MEMORIAL HOSPITAL, Defendant. , S.D.Ind., November 6, 2009 ENTRY ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT RICHARD L. YOUNG, District Judge. Plaintiff, Ailene Randolph ("Plaintiff"), is a former employee of LaRue D. Carter Memorial Hospital ("LaRue Carter"). Following her termination, Plaintiff filed the present lawsuit alleging gender discrimination, sexual harassment, and retaliation, under Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 2000e et seq. Defendant now moves for summary judgment. The court, having read and reviewe... Kevin PATTERSON, Plaintiff, v. Indianapolis Metropolitan Police Officer Russell BURNS, in his individual capacity, Indianapolis Metropolitan Police Department and City of Indianapolis, Defendants. , S.D.Ind., November 5, 2009 ENTRY ON MOTION FOR SUMMARY JUDGMENT DAVID F. HAMILTON, Chief Judge. Plaintiff Kevin Patterson has sued Indianapolis Metropolitan Police Officer Sergeant Russell Burns, the Indianapolis Metropolitan Police Department ("IMPD"), and the City of Indianapolis for false arrest and detention and malicious prosecution in violation of his Fourth Amendment rights. Plaintiff has sued under 42 U.S.C. § 1983, which offers relief for violations of constitutional rights by persons acting under the colo... Teresa Suzanne WESCOTT, Plaintiff v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , N.D.Ind., November 5, 2009 OPINION AND ORDER ANDREW P. RODOVICH, United States Magistrate Judge. This matter is before the court on the petition for judicial review of the decision of the Commissioner of Social Security filed by the plaintiff, Teresa S. Wescott, on May 22, 2008. For the reasons set forth below, the decision of the Commissioner is AFFIRMED. Background The plaintiff, Teresa S. Wescott, applied for Disability Insurance Benefits on August 24, 2005, alleging a disability onset date of August 1, 1998. (Tr. 1... UNITED STATES of America, Plaintiff, v. ESTATE OF Janet PARRISH by Michelle Peters, Personal Representative, Michelle Peters, Unknown Heirs, Devisees, Legatees, Successors, Executors, Administrators, Personal Representatives, Guardians, Trustees, R, N.D.Ind., November 5, 2009 OPINION AND ORDER THERESA L. SPRINGMANN, District Judge. This matter is before the Court on the Plaintiff's Motion for Summary Judgment [DE 11], filed on July 23, 2009. The Plaintiff's Motion seeks summary judgment against the Estate of Janet Parrish by Michelle Peters, the personal representative; unknown heirs, devisees, legatees, successors, executors, administrators, personal representatives, guardians, trustees, receivers, grantees and lessees of Janet Parrish a/k/a Janet M. Parrish (dec... S.C., a Minor, by and through his Parent and Legal Guardian, Antonia POLAND, Plaintiff v. UNION TOWNSHIP SCHOOL CORPORATION and Porter County Educational Services, Defendant. , N.D.Ind., November 5, 2009 OPINION AND ORDER ANDREW P. RODOVICH, United States Magistrate Judge. This matter is before the court on the Motion to Strike Certain Paragraphs from Plaintiff's Complaint [DE 11] filed by the defendants, Union Township School Corporation and Porter County Educational Services, on August 3, 2009. For the following reasons, the motion is DENIED. Background S.C. is a minor child who attended Union Township School Corporation at all relevant times. S.C. has struggled academically since kindergar... Charles HERITZ and Michelle Heritz, Plaintiffs, v. The CITY OF SOUTH BEND, Chief of Police Thomas Fautz, Officer Michael Van Vyckt, the County of St. Joseph, St. Joseph County Sheriff Frank Canarecci and Unknown Deputies of the St. Joseph County Ja, N.D.Ind., November 4, 2009 OPINION AND ORDER JOSEPH S. VAN BOKKELEN, District Judge. Plaintiff Charles Heritz was drunk, standing outside his house and yelling obscenities at his neighbor, when Defendant Officer Michael Van Vyckt [FN1] arrested him. Charles and his wife now claim that Officer Van Vyckt used excessive force during the arrest and that unknown officers at the St. Joseph Jail were deliberately indifferent to his serious medical needs. In their pleadings, they also claim that the City of South Bend and the... James L. PARKEY, Plaintiff, v. R.J. BOWLING, et al., Defendants. , N.D.Ind., November 4, 2009 OPINION AND ORDER WILLIAM C. LEE, District Judge. This matter is before the court for resolution of a motion for summary judgment filed by defendant Jason Sample ("Sample") on August 17, 2009. Docket at 89. Sample also filed a memorandum in support of his motion on that same date (docket at 90, "Defendant's Memorandum"). After moving for and receiving two extensions of time in which to do so, plaintiff James L. Parkey ("Parkey") filed a memorandum in opposition to the motion on October 8, 200... Byron BREASTON, Petitioner, v. SUPERINTENDENT, MIAMI CORRECTIONAL FACILITY, Respondent. , N.D.Ind., November 4, 2009 OPINION AND ORDER WILLIAM C. LEE, District Judge. Petitioner Byron Breaston filed a petition for writ of habeas corpus under 28 U.S.C. § 2254 challenging his 2004 Elkhart County conviction for escape, for which he received a sentence of seven and a half years, and challenged the adjudication that he is an habitual offender. (DE 1). He subsequently filed an amended petition restating his claims. (DE 7). In his amended petition for writ of habeas corpus, Breaston presented four grounds. In grou... UNITED STATES of America v. Ashton LUNDEBY. , N.D.Ind., November 3, 2009 OPINION AND ORDER ROBERT L. MILLER, JR., Chief Judge. Ashton Lundeby filed a conditional motion for continuance (doc. # 14) in the event this court denied his motion to dismiss (or quash) the indictment, to suppress evidence, or his pretrial application for writ of habeas corpus. On October 22, the court denied those motions and asked the government to respond to Mr. Lundeby's request for continuance. The government responded and the court now finds that Mr. Lundeby's motion for continuance s... Dameon C. MOORE, Plaintiff, v. CITY OF GARY, INDIANA, et al., Defendants. , N.D.Ind., November 3, 2009 ORDER PHILIP P. SIMON, District Judge. Before the Court are the Report and Recommendations of Magistrate Judge Paul Cherry entered on October 16, 2009 regarding Plaintiff's motions to impose sanctions against Defendants. [DE 69.] More than ten days have passed and no party has entered an objection to Magistrate Cherry's Report and Recommendations. The Court, having reviewed the Report and Recommendations and agreeing with the reasoning therein, hereby ADOPTS the Report and Recommendations [DE... VISION CENTER NORTHWEST, INC., d/b/a Vision Values by Dr. Tavel, Plaintiff v. VISION VALUE, LLC, d/b/a Eyeglass Express, Defendant. , N.D.Ind., November 3, 2009 OPINION and ORDER ROBERT L. MILLER, JR., Chief Judge. This case is before the court on the motion of Vision Center Northwest, Inc., d/b/a Vision Values by Dr. Tavel ("Dr.Tavel"), for summary judgment on the claims of the amended complaint and on the claims of the counterclaim, and on the motion of Vision Value, d/b/a Eyeglass Express ("Vision Value"), for summary judgment on the claims of the amended complaint and its own counterclaim. For the reasons that follow, the court denies Dr. Tavel's... Shane KERVIN, Plaintiff v. Tracy BROWN, Defendant. , N.D.Ind., November 2, 2009 OPINION AND ORDER ROBERT L. MILLER, JR., Chief Judge. The defendant, by counsel, filed a motion for judgment on the pleadings pursuant to Fed. R. Civ. P. 12(c). Citing Ashcroft v. Iqbal, 556 U.S. ---- 129 S.Ct. 1937;173 L.Ed.2d 868 (2009) and other cases, the defendant asserts that, Mr. Kervin's complaint does not sufficiently articulate the contours of a claim which would permit a finder of fact to conclude that the treatment that Mr. Kervin received was such a departure from accepted st... Barbara J. CASTILE, Plaintiff, v. Michael J. ASTRUE, Commissioner of the Social Security Administration, Defendant. , S.D.Ind., November 2, 2009 ENTRY ON JUDICIAL REVIEW DAVID F. HAMILTON, Chief Judge. Plaintiff Barbara Castile seeks judicial review of a decision by the Commissioner of the Social Security Administration denying her application for disability insurance benefits and disabled widow's benefits under the Social Security Act. Acting for the Commissioner, an Administrative Law Judge (ALJ) determined that Ms. Castile was not disabled under the Social Security Act because her impairments did not meet or equal a listed impa... BUFFET CRAMPON S.A.S., Buffet Crampon U.S.A., and Tosca Instruments S.A.R.L, Plaintiff, v. SCHREIBER & KEILWERTH, MUSIKINSTRUMENTE GMBH and Gemeinhardt Company LLC, d/b/a Gemstone Musical Instruments, Defendants. , N.D.Ind., November 2, 2009 OPINION and ORDER ROBERT L. MILLER, JR., District Judge. This cause is before the court on the motion of defendants Schreiber & Keilwerth Musikinstrumente GmbH and Gemeinhardt Co. LLC, d/b/a Gemstone Musical Instruments to dismiss Buffet Crampon S.A.S., Buffet Crampon U.S.A., and Tosca Instruments S.A.R.L.'s (collectively "Buffet") complaint pursuant to Federal Rule of Civil Procedure 12(b)(3) based on a forum selection clause in the Schreiber-Buffet Manufacturing and Supply Agreement "Wooden... Dwight JOHNSON, Petitioner, v. SUPERINTENDENT, Respondent. , N.D.Ind., November 2, 2009 OPINION AND ORDER THERESA L. SPRINGMANN, District Judge. Dwight Johnson filed a pro se Petition Under 28 U.S.C. Paragraph 2254 For Writ of Habeas Corpus By a Person in State Custody Seeking Review of a Prison Disciplinary Sanction [DE 1] to challenge his loss of 365 days earned credit time. For the reasons stated in this Opinion and Order, the Petition will be denied. A. Background A Disciplinary Hearing Body ("DHB") at Chain O'Lakes Correctional Facility found Johnson guilty of attempting... Percy PERRY, Plaintiff, v. The CITY OF GARY, INDIANA, Corporal Anthony Blood, and Officer Irving Givens, Defendants. , N.D.Ind., November 2, 2009 OPINION AND ORDER PAUL R. CHERRY, United States Magistrate Judge. This matter is before the Court on a Plaintiff's Motion for a Rule to Show Cause, to Compel Discovery, and for an Extension of Time [DE 26], filed on October 8, 2009. Defendants have failed to respond to the instant Motion and the time to do so has passed. Plaintiff represents that he propounded Plaintiff's First Set of Requests for Production to Defendant City of Gary, First Set of Requests for Production to Defendant Offic... Tonico D. VINSON, Plaintiff, v. Mark STEFANTOS, et al., Defendants. , N.D.Ind., November 2, 2009 Tonico D. Vinson, Marion, IN, pro se. OPINION AND ORDER RUDY LOZANO, District Judge. This matter is before the court on a complaint and in forma pauperis petition filed by Tonico D. Vinson. For the reasons set forth below, this case is DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. § 1915A because Tonico D. Vinson presented false statements on his in forma pauperis petition and because the complaint does not state a claim. BACKGROUND Tonico D. Vinson, a pro se plaintiff, filed this lawsu... ALLSTATE INSURANCE COMPANY, as subrogee of Darrell Conrad d/b/a Conrad Sales, Plaintiff, v. Marcus M. BURGHER III, Rosenbarger Excavating, Inc., and Donan Engineering, Inc., Defendants. Marcus M. Burgher III, Cross Claimant, v. Rosenbarger Excav, S.D.Ind., November 2, 2009 ENTRY ON DEFENDANT DONAN ENGINEERING COMPANY, INC.'S MOTION FOR LEAVE TO FILE AN AMENDED ANSWER AND MOTION FOR SUMMARY JUDGMENT WILLIAM G. HUSSMANN, JR., United States Magistrate Judge. I. Introduction This matter is before the Honorable William G. Hussmann, Jr., United States Magistrate Judge, on Defendant Donan Engineering Company, Inc.'s ("Donan") Motion for Leave to File an Amended Answer and Motion for Summary Judgment, filed August 28, 2009. (Docket Nos. 106-07). Plaintiff filed a Respo... Anice ANDERSON, Plaintiff, v. HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY, et al., Defendants. , S.D.Ind., October 30, 2009 Amanda Lynn Yonally, Bridget L. O'Ryan, O'Ryan Law Firm, Indianapolis, IN, for Plaintiff. Elizabeth A. McDuffie, Gonzalez Saggio & Harlan, LLP, Chicago, IL, for Defendants. ENTRY ON PLAINTIFF'S OBJECTION TO MAGISTRATE JUDGE'S ORDER WILLIAM T. LAWRENCE, District Judge. This cause is before the Court on the Plaintiff's objection to an order of the Magistrate Judge assigned to this case granting the Defendants' motion for protective order, thereby denying the Plaintiff the ability to conduc... Deborah A. McEVOY, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , N.D.Ind., October 30, 2009 OPINION AND ORDER CHRISTOPHER A. NUECHTERLEIN, United States Magistrate Judge. On November 17, 2008, Plaintiff, Deborah A. McEvoy ("McEvoy"), filed her complaint in this Court. On April 20, 2009, McEvoy filed an opening brief asking this court to remand this matter to the Commissioner pursuant to 42 U.S.C. § 405(g). On July 6, 2009, Defendant, Michael J. Astrue, Commissioner of Social Security ("Commissioner"), filed its response. On August 10, 2009, McEvoy filed her reply brief. This Court n... FARZANA K., individually and as next friend of SK, a minor, Plaintiff, v. INDIANA DEPARTMENT OF EDUCATION; School Town of Munster; West Lake Special Education Cooperative; William Pfister, in his official capacity as Superintendent of the School To, N.D.Ind., October 30, 2009 OPINION AND ORDER JOSEPH S. VAN BOKKELEN, District Judge. Plaintiff Farzana K., individually and as next friend of her minor son, S.K., seeks a preliminary injunction against Defendants Indiana Department of Education ("IDOE"), School Town of Munster, West Lake Special Education Cooperative, William Pfister, and Marlene Sledz, requiring them to provide S.K. with certain educational services, pursuant to 20 U.S.C. § 1415(j) of the Individuals with Disabilities Education Improvement Act of 2004... John E. LUCAS, Jr., Petitioner, v. SUPERINTENDENT, INDIANA STATE PRISON, Respondent. , N.D.Ind., October 30, 2009 OPINION AND ORDER PHILIP P. SIMON, District Judge. Petitioner John Lucas filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his conviction in the Lake Superior Court for dealing in methamphetamine, for which he was sentenced to seven years imprisonment. Lucas states in his petition that he did not appeal his conviction, but that he filed a petition for jail time credit on July 6, 2009, raising the claims he now seeks to present to this court. He states that h... James GASTINEAU, and Christy Gastineau, Plaintiffs, v. David M. WRIGHT, and Wright & Lerch, Defendants. , S.D.Ind., October 30, 2009 ORDER LARRY J. McKINNEY, District Judge. This matter comes before the Court on plaintiffs', James Gastineau and Christy Gastineau ("Plaintiffs" or the "Gastineaus"), Motion to Enforce Settlement and defendants', David M. Wright and Wright & Lerch ("Defendants"), Motion for Entry of Dismissal with Prejudice or, Alternatively, Motion for Rule to Show Cause. On October 15, 2009, the parties appeared by counsel for hearing on these motions. The Court took the matter under advisement. The Court ru... Michael HICKINGBOTTOM, Petitioner, v. Brett MIZE, Respondent. , S.D.Ind., October 30, 2009 Entry Discussing Petition for Writ of Habeas Corpus DAVID F. HAMILTON, Chief Judge. Petitioner Michael Hickingbottom ("Hickingbottom") seeks a writ of habeas corpus with respect to his 2005 Lake County conviction for the murder of David Reed. Because the pleadings and the expanded record do not establish Hickingbottom's entitlement to relief, however, his petition for a writ of habeas corpus must be denied and this action dismissed. I. Background Hickingbottom was convicted in his third tr... Keith HENNING, et al., Plaintiffs, v. Officer George NICKLOW, and Officer Ben Springer, Defendants. , N.D.Ind., October 30, 2009 OPINION AND ORDER ROGER B. COSBEY, United States Magistrate Judge. On June 30, 2008, Plaintiffs Keith Henning, Monique Henning, and Keith Henning, Jr., sued Defendants Fort Wayne Police Officers George Nicklow and Ben Springer under 42 U.S.C § 1983, alleging that Defendants violated their Fourth Amendment right against the unreasonable seizure of their property when the officers shot and killed their dog, "Misty". (Compl.¶¶ 5-8.) Before the Court is a motion in limine filed by Defendants (Doc... Keith HENNING, Monique Henning, and Keith Henning, Jr., Plaintiffs, v. Officer George NICKLOW and Officer Ben Springer, Defendants. , N.D.Ind., October 30, 2009 OPINION AND ORDER ROGER B. COSBEY, United States Magistrate Judge. On June 30, 2008, Plaintiffs Keith Henning, Monique Henning, and Keith Henning, Jr. sued Defendants Fort Wayne Police ("FWPD") Officers George Nicklow and Ben Springer under 42 U.S.C § 1983, alleging that Defendants violated their Fourth Amendment right against unreasonable seizure of their property when the officers shot and killed their pet dog, "Misty". Before the Court is a motion in limine filed by the Hennings. (Docket #... Juan C. BLACKMON-EL, Petitioner, v. Thomas D. HANLON, Superintendent, Respondent. , S.D.Ind., October 30, 2009 Entry Discussing Petition for a Writ of Habeas Corpus DAVID F. HAMILTON, Chief Judge. In a prison disciplinary proceeding identified as No. CIC 08-10-0107, Juan C. Blackmon-EI was found guilty of violating prison rules by intimidating or threatening others with bodily harm or with an offense against the person or property. Contending that the proceeding is tainted by constitutional error, Blackmon-EI seeks a writ of habeas corpus. Because the court finds that there was no error of that nature... Ron FINN, Plaintiff, v. HARBOR METAL TREATING INC., et al., Defendants. , N.D.Ind., October 29, 2009 OPINION AND ORDER CHRISTOPHER A. NUECHTERLEIN, United States Magistrate Judge. The subject of the immediate suit centers on issues left over from the loose-ends of a prior litigation. Specifically, in a prior lawsuit, Plaintiff, Ron Finn ("Finn"), alleged that his termination from Defendant, Harbor Metal Treating, LLC ("Harbor"), was discriminatory. Pursuant to that prior litigation, settlement conversations were begun between Finn's attorney, Doug A. Bernacchi ("Bernacchi"), and the Human Re... Heraeus KULZER, Plaintiff, v. BIOMET INC., et al., Defendants. , N.D.Ind., October 29, 2009 OPINION AND ORDER CHRISTOPHER A. NUECHTERLEIN, United States Magistrate Judge. On December 30, 2008, Heraeus Kulzer GmbH ("Heraeus") filed a suit in Germany against Respondents, Biomet Inc. and Biomet Orthopedics LLC ("Biomet"), for alleged misappropriation of trade secrets. On January 29, 2009, Heraeus submitted an ex parte application for discovery in aid of foreign litigation pursuant to 28 U.S.C. § 1782. On February 2, 2009, this Court granted Heraeus' application. Thereafter, Heraeus ser... Michael COLLINS, Plaintiff v. Mark LEVENHAGEN, et al., Defendants. , N.D.Ind., October 29, 2009 OPINION AND ORDER ROBERT L. MILLER, JR., Chief Judge. Michael Collins, a pro se prisoner, submitted a complaint and a motion for a preliminary injunction. "A document filed pro se is to be liberally construed, and a pro se complaint, however inartfully pleaded, must be held to less stringent standards than formal pleadings drafted by lawyers." Erickson v. Pardus, 551 U.S. 89, 94 (2007) (quotation marks and citations omitted). Nevertheless, under 28 U.S.C. § 1915A, the court must review the me... Ronald THRASH, Plaintiff, v. Mark LEVENHAGEN, Superintendent of the Indiana State Prison, Defendant. , N.D.Ind., October 29, 2009 OPINION AND ORDER THERESA L. SPRINGMANN, District Judge. Ronald Thrash, a prisoner confined at the Indiana State Prison ("ISP"), filed a Prisoner Complaint pursuant to 42 U.S.C. § 1983, alleging that ISP Superintendent Mike Levenhagen violated his federally protected rights by taking away his contact visitation. Thrash seeks injunctive relief directing the Defendant to reinstate his contact visitation. This matter is before the Court pursuant to its statutory screening obligation. See28 U.S.C... Deborah E. BARTON, Plaintiff, v. SAFECO INSURANCE COMPANY OF ILLINOIS, Defendant. , N.D.Ind., October 29, 2009 OPINION AND ORDER WILLIAM C. LEE, District Judge. This matter is before the court on two motions for summary judgment filed by the defendant, Safeco Insurance Company of Illinois ("Safeco"). On July 15, 2009, Safeco filed a motion for partial summary judgment on the plaintiff's claims for bad faith and punitive damages. The plaintiff, Deborah E. Barton ("Barton"), filed her response on August 10, 2009, to which Safeco replied on September 1, 2009. On July 20, 2009, Safeco filed a motion fo... Kenneth A. HARSHEY, Arys N. Harshey and David N.D. Harshey, Plaintiffs, v. ADVANCED BIONICS CORPORATION, Boston Scientific Neuromodulation Corporation, Boston Scientific Corporation, and Eric J. Dunn, Defendants. , S.D.Ind., October 29, 2009 ENTRY ON MOTION TO REMAND DAVID F. HAMILTON, Chief Judge. Plaintiff Kenneth A. Harshey had surgery in 2007 for implantation of a pulse generator manufactured by defendants. Harshey filed this action alleging that the device has malfunctioned and has subjected him to painful and dangerous electrical shocks, causing "severe and permanent injuries." Harshey's wife has joined as a plaintiff with a claim for loss of consortium, and his son has joined with a claim for negligent infliction of em... Kevin B. McCARTHY, et al., Plaintiffs, v. Patricia Ann FULLER, a/k/a Sister Joseph Therese, et al., Defendants. , S.D.Ind., October 29, 2009 ENTRY REGARDING MOTION FOR DEFAULT JUDGMENT WILLIAM T. LAWRENCE, District Judge. The Plaintiffs in this case have filed a motion seeking entry of a default judgment based upon the Defendants' failure to file a timely answer to the Plaintiffs' amended complaint following the denial of the Defendants' motion to dismiss. This motion is premature, inasmuch as the Plaintiffs have not sought-and therefore have not received-an entry of default pursuant to Federal Rule of Civil Procedure 55(a), which... M.O., by his parents and next friends, C.O. and L.O., Plaintiffs, v. DUNELAND SCHOOL CORPORATION, and Porter County Education Services, Defendants. , N.D.Ind., October 29, 2009 OPINION AND ORDER THERESA L. SPRINGMANN, District Judge. This matter is before the Court on three motions pending in this cause of action. Cross-Motions for Summary Judgment have been filed by the Defendants, Duneland School Corporation, and Porter Education Services, [DE 36], and the Plaintiffs [DE 47], on April 24, 2008, and July 8, 2008, respectively. Additionally, the Defendants' March 20, 2009, Motion to Consider Additional Evidence [DE 88] has yet to be ruled on. However, based on recen... Donald ZAWADA, Petitioner v. UNITED STATES of America, Respondent. , N.D.Ind., October 29, 2009 OPINION and ORDER ROBERT L. MILLER, JR., Chief Judge. Donald Zawada is before the court on motions relating to his petition filed pursuant to 28 U.S.C. § 2255. Mr. Zawada first requests the court to appoint an "Internet Messaging Expert and Computer Forensics Expert" to issue a "nonpartial, unbiased report and testimony concerning discovery, computer evidence, emails, chats, and testimony of government expert and investigators" on the issues presented in his § 2255 petition. Mr. Zawada cites ... Paula SCHULTZ, Plaintiff, v. Michael J. ASTRUE Commissioner of Social Security, Defendant. , N.D.Ind., October 28, 2009 OPINION AND ORDER CHRISTOPHER A. NUECHTERLEIN, United States Magistrate Judge. On January 5, 2009, Plaintiff Paula A. Schultz ("Schultz"), filed her complaint in this Court. On April 30, 2009, Schultz filed an opening brief, and she asks this Court to enter judgment in her favor or remand this matter to the Commissioner. On July 15, 2009, Defendant, Social Security Administration ("SSA"), filed a response. On August 16, 2009, Schultz filed her reply brief. This Court now enters its ruling bas... Ronald JACKSON, Plaintiff, v. VERIZON WIRELESS, Defendant. , S.D.Ind., October 28, 2009 ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT SARAH EVANS BARKER, District Judge. This cause is before the Court on Defendant's Motion for Summary Judgment [Docket No. 36], filed on June 15, 2009, pursuant to Federal Rule of Civil Procedure 56 and Local Rule 56.1. Plaintiff, Ronald Jackson, brings his claim against his current employer, Defendant, Cellco Partnership d/b/a Verizon Wireless ("Verizon"), [FN1] for its allegedly discriminatory actions toward h... In re BRIDGESTONE FIRESTONE INC. TIRES PRODUCT LIABILITY LITIGATION. Jennie Mitchell, Administratrix of the Estate of Ronnie Geeter, Deceased, on Behalf of the Estate and All Wrongful Death Beneficiaries of Ronnie Geeter, Plaintiff, v. Bridgestone, S.D.Ind., October 28, 2009 ORDER OF REMAND SARAH EVANS BARKER, District Judge. Plaintiff, the administratrix of Ronnie Geeter's estate, filed this lawsuit in the Circuit Court for Noxubee County, Mississippi, on April 2, 2008, claiming that Geeter's death was the result of negligence on the part of Marcus Hill and/or a defect in a tire manufactured by Bridgestone/Firestone. Geeter was a passenger in a vehicle operated by Hill on September 13, 2006, when a tire on the vehicle lost its tread, the vehicle left the road an... Debra E. BLACK, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , S.D.Ind., October 28, 2009 MEMORANDUM DECISION AND ORDER WILLIAM G. HUSSMANN, JR., United States Magistrate Judge. This matter is before the Honorable William G. Hussmann, Jr., United States Magistrate Judge, upon the Consents filed by the parties (Docket Nos. 14, 20) and an Order of Reference entered by District Judge Richard L. Young on February 26, 2009 (Docket No. 21). The parties have filed their briefs (Docket Nos. 19, 24, and 25), and the Magistrate Judge heard oral arguments on August 19, 2009, at which the Pla... Donnell ROBERTSON, Petitioner, v. SUPERINTENDENT, MIAMI CORRECTIONAL FACILITY, Respondent. , N.D.Ind., October 28, 2009 OPINION and ORDER JAMES T. MOODY, District Judge. Petitioner Donnell Robertson, a prisoner confined at the Miami Correctional Facility, submitted a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The petitioner was convicted of murder in the Lake Superior Court on May 5, 1994, and was sentenced to fifty years imprisonment. He appealed to the Court of Appeals of Indiana, which affirmed his conviction and the Indiana Supreme Court denied transfer on September 30, 1995. The peti... METALWORKING LUBRICANTS COMPANY, Plaintiff, v. SOMERSET ENERGY REFINING LLC, Defendant. , S.D.Ind., October 27, 2009 ENTRY ON MOTION TO DISMISS WILLIAM T. LAWRENCE, District Judge. This cause is before the Court on the Defendant's Motion to Dismiss for Lack of Personal Jurisdiction, Improper Venue or, in the alternative, for Transfer of Venue (Docket No. 8). The motion is fully briefed, and the Court, being duly advised, finds that it lacks personal jurisdiction over the Defendant and therefore GRANTS the motion to dismiss. Background Facts Plaintiff Metalworking Lubricants Company ("Metalworking") is a M... UNITED STATES of America, Plaintiff, and David HADDOX, Kourtney Valentine, Diane Webster-Rangel, Herman Hoge, Polly Koesters, Vickie Wilson and Michelle Bauer, Intervening Plaintiffs, v. Autumn Ridge Condominium Association, Inc., et al., Defenda, N.D.Ind., October 27, 2009 OPINION AND ORDER PAUL R. CHERRY, United States Magistrate Judge. This matter is before the Court on a Motion of Intervening Plaintiffs to Compel Defendants Richard Archie, Ronald Patterson, and James Reed to Answer Interrogatories Relating to their Financial Status [DE 54], filed by the Intervening Plaintiffs on September 15, 2009. On July 14, 2008, the United States filed a Complaint alleging that the Defendants violated Title VIII of the Civil Rights Act of 1968, as amended by the Fair ... EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. RMG COMMUNICATIONS, LLC d/b/a Bloom Marketing Group, Defendant. , S.D.Ind., October 27, 2009 ENTRY ON MOTION FOR PARTIAL SUMMARY JUDGMENT WILLIAM T. LAWRENCE, District Judge. This cause is before the Court on Defendant's Motion for Partial Summary Judgment (Docket No. 26). The motion is fully briefed, and the Court, being duly advised, DENIES the motion for the reasons set forth below. I. SUMMARY JUDGMENT STANDARD Federal Rule of Civil Procedure 56(c) provides that summary judgment is appropriate if "the pleadings, the discovery and disclosure materials on file, and any affidavits ... Douglas ROBINSON, Board of Trustees Chairman, and David Tharp, Board of Trustees Secretary, on behalf of Indiana Regional Council of Carpenters Pension Trust Fund, et al., Plaintiffs, v. Michael E. PETYO d/b/a the Image Makers, Inc.; Michael E. Pet, N.D.Ind., October 27, 2009 Michael E Petyo, Hobart, IN, pro se. OPINION AND ORDER PAUL R. CHERRY, United States Magistrate Judge. This matter is before the Court on a Renewed Motion for Clerks Entry of Default [DE 47], filed by Plaintiffs on August 4, 2009. Therein, Plaintiffs seek a clerk's entry of default against corporate Defendants The Image Makers, Inc., the Imagemakers, and Timi Construction Corporation. On October 2, 2009, Plaintiffs filed a memorandum in support. As set forth below, the Court finds that a cl... Donald & Debra GOSSAR, Plaintiffs, v. SOO LINE RAILROAD COMPANY, DBA Canadian Pacific Railway, Defendant. , S.D.Ind., October 27, 2009 James E. Zoccola, Sara R. Bradbury, Timothy L. Stewart, Lewis & Kappes, Indianapolis, IN, Rita Baldwin, Baldwin Legal, Odon, IN, for Plaintiffs. Bruce A. Hugon, Stuart & Branigin, Indianapolis, IN, for Defendant. ORDER ON DEFENDANT'S MOTION FOR PROTECTIVE ORDER 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 for Protective Order filed on September 18, 2009. (Docke... Dawn K. FRANKO, Plaintiff, v. ALL ABOUT TRAVEL, INC., and Denise Zencka, Defendants. Denise Zencka, Counter-Plaintiff, v. Dawn K. Franko, Counter-Defendant. , N.D.Ind., October 27, 2009 OPINION AND ORDER THERESA L. SPRINGMANN, District Judge. This matter comes before the Court on a Motion for Clerk to Enter Default [DE 8], filed by the Plaintiff on October 16, 2009. The Plaintiff seeks the entry of default against Defendant All About Travel, Inc. A. Background On August 10, 2009, the Plaintiff, Dawn K. Franko, filed a Complaint against All About Travel., Inc., and Denise Zencka, the owner, manager, and operator of All About Travel. The Plaintiff alleges that the Defendant... Neal MINNICK, Petitioner, v. SUPERINTENDENT, Respondent. , N.D.Ind., October 27, 2009 Neal Minnick, Westville, IN, pro se. OPINION AND ORDER JOSEPH S. VAN BOKKELEN, District Judge. Neal Minnick, a pro se prisoner, filed this habeas corpus petition challenging his 30 day loss of earned credit time. [FN1] In WCC 08-04-0499, the Disciplinary Hearing Board ("DHB") found Minnick guilty of use or possession of more than one cigarette in violation of 245. The conduct report attached to the petition states that on April 22, 2008, Minnick reported to Sgt. Barkow that tobacco found on... Braedi ODIER, Plaintiff, v. HOFFMANN SCHOOL OF MARTIAL ARTS, INC. d/b/a the Shark Academy d/b/a Hoffmann Karate, and Gregory Hoffmann, Defendants. , N.D.Ind., October 27, 2009 Aaron J. Butler, Haller & Colvin PC, Fort Wayne, IN, for Plaintiff. Samuel L. Bolinger, Samuel L. Bolinger & Associates, Fort Wayne, IN, for Defendants. OPINION AND ORDER THERESA L. SPRINGMANN, District Judge. This matter is before the Court for a ruling on damages. The Court has conducted a hearing on damages, and the parties have submitted materials after the hearing. The matter is now ripe for ruling on the issue of damages. PROCEDURAL BACKGROUND On October 10, 2006, Braedi Odier su... Letitia CHAMBERS, Plaintiff, v. WALGREEN CO., Defendant. , N.D.Ind., October 26, 2009 OPINION AND ORDER THERESA L. SPRINGMANN, District Judge. This matter is before the Court on the Defendant's Motion to Dismiss Count III of Plaintiff's Amended Complaint [DE 14], filed on August 24, 2009. The Plaintiff has not filed a response, and the time for doing so has expired. For the reasons stated in this Opinion and Order, the Defendant's Motion will be granted. BACKGROUND On June 23, 2009, the Plaintiff, Letitia Chambers, filed a six-count Complaint against her former employer, Wal... UNITED STATES of America, v. Scott R. BECKER, Defendant. , N.D.Ind., October 26, 2009 OPINION AND ORDER PAUL R. CHERRY, United States Magistrate Judge. This matter is before the Court on the issues raised at the reopened Detention Hearing held October 7 and 15, 2009. PROCEDURAL BACKGROUND On July 24, 2009, the United States Government filed in this case a Criminal Complaint alleging that Defendant Scott R. Becker committed the federal criminal offense of Sexual Exploitation Of A Minor in violation of Title 18 U.S.C. § 2251(a). An Arrest Warrant was issued on that date. On... NOVELTY, INC., Plaintiff, v. JACOB'S PARADISE, INC., Defendant. , S.D.Ind., October 26, 2009 Eric E. Lamb, Paul B. Overhauser, Tami L. Napier, Overhauser & Lindman, LLC, Greenfield, IN, for Plaintiff. James Dimos, Frost Brown Todd LLC, Indianapolis, IN, for Defendant. ENTRY SARAH EVANS BARKER, District Judge. Plaintiff's Motion for Partial Summary Judgment (doc. 63) According to the Complaint, Plaintiff Novelty, Inc. is "one of the largest distributors of products to convenience stores in the United States." Amended Complaint (doc. 50) ¶ 8. It distributes novelty-type items such ... Kristi M. KRISHER, Plaintiff, v. Andrew KRISHER and Jeff Williams, Defendants. , N.D.Ind., October 26, 2009 Dan J. May, May Law Office, Kokomo, IN, for Plaintiff. Carolyn E. Leeman, Indianapolis, IN, Rodney Shrock, Kokomo, IN, for Defendants. OPINION AND ORDER THERESA L. SPRINGMANN, District Judge. The Plaintiff, Kristi M. Krisher, has sued Andrew Krisher (Krisher) and a Miami County Sheriff Deputy, Jeff Williams, for events that transpired after the Plaintiff moved from Krisher's residence and attempted to take her two and one-half-year-old son with her. Defendant Krisher has moved to dismiss... Andre CHEAIRS, Plaintiff, v. UNITED WATER/SUEZ, Defendant. , N.D.Ind., October 26, 2009 Andre' D. Cheairs, Gary, IN, pro se. Peter A. Steinmeyer, Jason A. Schmidt, Epstein, Becker & Green, PC, Chicago, IL, for Defendant. OPINION AND ORDER WILLIAM C. LEE, District Judge. This matter is before the court on the motion to dismiss filed by the defendant, United Water/Suez ("United Water") [FN1], on September 11, 2009. Docket at 15. The plaintiff, Andre Cheairs ("Cheairs"), who is proceeding pro se, filed a response in opposition to the motion on September 28, 2009. Docket at 17... Ernestine L. ALI, Plaintiff, v. GARY INDIANA POLICE DEPT., Hammond Indiana Police Dept., St. Catherine Hospital, and Tri-City Mental Health, Defendants. , N.D.Ind., October 23, 2009 OPINION AND ORDER THERESA L. SPRINGMANN, District Judge. The pro se Plaintiff, Ernestine L. Ali, has sued the Gary, Indiana, Police Department, the Hammond, Indiana, Police Department, Tri-City Comprehensive Community Mental Health Center, Inc., and St. Catherine Hospital (St. Catherine, or the Defendant) for violations of her constitutional rights under 42. U.S.C. § 1983. As to St. Catherine and Tri-City, the Plaintiff's claim alleges constitutional violations resulting from a hospital visit... Ernestine L. ALI, Plaintiff, v. GARY INDIANA POLICE DEPT., Hammond Indiana Police Dept., St. Catherine Hospital, and Tri-City Mental Health, Defendants. , N.D.Ind., October 23, 2009 Ernestine L. Ali, Calumet City, IL, pro se. OPINION AND ORDER THERESA L. SPRINGMANN, District Judge. The pro se Plaintiff, Ernestine L. Ali, has sued the Gary, Indiana, Police Department, the Hammond, Indiana, Police Department, St. Catherine Hospital, and Tri-City Comprehensive Community Mental Health Center, Inc. (Tri- City, or the Defendant), for violations of her constitutional rights under 42 U.S.C. § 1983. As to St. Catherine and Tri-City, the Plaintiff's claim alleges constitutional ... Mike BRENNAN, Plaintiff, v. ISHIHARA SANGYO KAISHA, LTD.; ISK Magnetics, Inc.; ISK Americas Incorporated; ISK Corporation, U.S.A.; Cathay Industries, U.S.A.; and Sargent Electric Company, Defendants. , N.D.Ind., October 23, 2009 A. Leon Sarkisian, Kathleen E. Peek, Sarkisian Law Offices, Merrillville, IN, for Plaintiff. Jared A. Harts Jeffrey J. Mortier Frost Brown Todd LLC, Indianapolis, IN, Thomas A. Carton, Bullaro & Carton PC, Chicago, IL, Daniel D. Trachtman, Wooden & McLaughlin LLP, Indianapolis, IN, for Defendants. OPINION AND ORDER JOSEPH S. VAN BOKKELEN, District Judge. During his employment with Cathay Pigments in Porter County, Indiana, the Plaintiff, Mike Brennan, sustained serious injuries while op... UNITED STATES of America, Plaintiff, v. Rollie Montez MITCHELL, Defendant. , S.D.Ind., October 23, 2009 Michelle Patricia Jennings, United States Attorney's Office, Indianapolis, IN, for Plaintiff. ORDER GRANTING GOVERNMENT'S MOTION IN LIMINE TO ADMIT EVIDENCEOF RECORDINGS AND DENYING DEFENDANT'S CROSS MOTION IN LIMINE TO EXCLUDE EVIDENCE OF RECORDINGS (Docket Nos. 41 & 81) SARAH EVANS BARKER, District Judge. Defendant is charged by way of a Grand Jury Indictment with the offense of knowingly distributing 50 grams or more of a mixture or substance containing cocaine base, in violation of... Jack JERVIS, Plaintiff v. Dr. Michael MITCHEFF, Defendant. , N.D.Ind., October 23, 2009 Jack Jervis, Michigan City, IN, pro se. Anthony W. Overholt, Frost Brown Todd LLC, Indianapolis, IN, for Defendant. OPINION AND ORDER ROBERT L. MILLER, JR., Chief Judge. Jack Jervis, a pro se prisoner, brings an Eighth Amendment claim under 42 U.S.C. § 1983 based upon the alleged denial of adequate medical care for injuries and resultant pain in his left knee and back that he sustained in a fall down a flight of stairs. Mr. Jervis filed this case on September 21, 2005, against th... Edward and Janette BUNDY, Plaintiffs v. TRANSPORT DESGAGNES, INC. and M/V Catherine Desgagnes, Defendants American Longshore Mutual Association, Intervenor-Defendant. , N.D.Ind., October 23, 2009 Robert B. Patterson, Law Offices of Robert B. Patterson, Ltd., Chicago, IL, for Plaintiffs. Robert T. Coniam, Sandra M. Kelly, Ray, Robinson, Carle and Davies, PLL, Cleveland, OH, for Defendants. OPINION AND ORDER ROBERT L. MILLER, JR., Chief Judge. At the October 19 final pretrial conference, the court heard argument on the parties' motions in limine and took those motions under submission. The defendants had no objection to the following aspects of the Bundys' motion: Point 1, which s... Marte MORA, Plaintiff, v. WESTVILLE CORRECTIONAL FACILITY, et al., Defendants. , N.D.Ind., October 23, 2009 Marte Mora, Hidalgo, TX, pro se. OPINION AND ORDER WILLIAM C. LEE, District Judge. On May 18, 2005, plaintiff Marte Mora broke his leg while participating in a soccer game at the Westville Correctional Facility. On July 26, 2007, after he was released from the custody of the Indiana Department of Correction, Marte Mora filed a pro se complaint pursuant to 42 U.S.C. § 1983 against the Westville Correctional Facility, Correctional Medical Services, Prison Health Services, and St. Anthony Memo... © 2009 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com