SPIERER et al v. ROSSMAN et al
Plaintiff: ROBERT EVAN SPIERER and MARY CHARLENE SPIERER
Defendant: COREY E ROSSMAN, JASON ISAAC ROSENBAUM and MICHAEL B BETH
Case Number: 1:2013cv00991
Filed: June 20, 2013
Court: US District Court for the Southern District of Indiana
Office: Indianapolis Office
Presiding Judge: Tim A Baker
Referring Judge: Tanya Walton Pratt
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1446
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 8, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 8, 2015 Filing 124 MANDATE of USCA as to #115 Notice of Appeal filed by MARY CHARLENE SPIERER, ROBERT EVAN SPIERER (USCA #14-3171) - The judgment of the District Court is AFFIRMED, with costs, in accordance with the decision of this court entered on this date. (MAG)
January 23, 2015 Filing 123 Appeal Remark re #115 Notice of Appeal (USCA #14-3171) : Original record on appeal filed electronically by USCA. Contents of record : 2 vol. of pleadings and 2 transcripts. (LBT)
January 15, 2015 Filing 122 Certified and Transmitted Record on Appeal to US Court of Appeals re #115 Notice of Appeal (USCA #14-3171). (Attachments: #1 Pleadings (Doc 1-74), #2 Pleadings (Doc 75-end), #3 Transcript (Doc 54), #4 Transcript (Doc 121), #5 Notice to Transmit Record)(LBT)
October 14, 2014 Filing 121 TRANSCRIPT of Discovery Conference held on 05/28/2014 before Magistrate Judge Tim A. Baker. (76 pages.) Court Reporter/Transcriber: David Moxley (Telephone: (317) 916-8209). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 11/4/2014. Release of Transcript Restriction set for 1/12/2015. (Moxley, David) Released on 1/12/2015 (SWM).
October 14, 2014 Filing 120 NOTICE of FILING of OFFICIAL TRANSCRIPT of Discovery Conference held before Magistrate Judge Tim A. Baker on 05/28/2014 (Moxley, David)
October 6, 2014 Filing 119 USCA Case Number 14-3171 for #115 Notice of Appeal filed by MARY CHARLENE SPIERER, ROBERT EVAN SPIERER. (LBT)
October 3, 2014 Filing 118 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #115 Notice of Appeal. - for Court of Appeals Use Only. (LBT)
October 3, 2014 Filing 117 SEVENTH CIRCUIT APPEAL INFORMATION SHEET re #115 Notice of Appeal - Instructions for Attorneys - Parties' Short Record, Instructions, and Designation of Record information attached. (LBT)
October 3, 2014 Filing 116 DOCKETING STATEMENT by All Plaintiffs re #115 Notice of Appeal (Kerridge, Jeanine)
October 3, 2014 Filing 115 NOTICE OF APPEAL as to #37 Order on Motion to Dismiss for Failure to State a Claim, #113 Closed Judgment, #112 Order on Motion for Summary JudgmentOrder on Motion for Leave to FileOrder on Motion for Joinder, filed by Plaintiffs MARY CHARLENE SPIERER, ROBERT EVAN SPIERER. (See Filing Fee info at Docket No. 114) (Kerridge, Jeanine) Modified on 10/3/2014 (LBT).
October 3, 2014 Filing 114 **PLEASE DISREGARD. DOCUMENT ATTACHED CONTAINS AN ERROR. SEE NO. 115 FOR CORRECTED DOCUMENT** NOTICE OF APPEAL as to #37 Order on Motion to Dismiss for Failure to State a Claim, #113 Closed Judgment, #112 Order on Motion for Summary JudgmentOrder on Motion for Leave to FileOrder on Motion for Joinder, filed by Plaintiffs MARY CHARLENE SPIERER, ROBERT EVAN SPIERER. (Filing fee $505, receipt number 0756-3210978) (Kerridge, Jeanine) Modified on 10/3/2014 (LBT).
September 30, 2014 Filing 113 CLOSED JUDGMENT - Having this day granted summary judgment in favor of Defendants, Corey E. Rossman and Jason Isaac Rosenbaum, the Court hereby enters JUDGMENT in favor of Defendants and against the Plaintiffs. Plaintiffs shall take nothing by way of their complaint. Signed by Judge Tanya Walton Pratt on 9/30/2014.(TRG)
September 30, 2014 Filing 112 ENTRY on Motion for Summary Judgment - There is no basis upon which the Court should grant the Spierers' Motion for Leave to file a Supplement to Plaintiffs' Response to Rosenbaum's Summary Judgment Motion with Additional Rule 56(d) Affidavit (Filing No. #95 ), and it is therefore DENIED. The Defendants' Motion for Summary Judgment (Filing No. #61 ) is GRANTED, and the Spierers' claims against Rosenbaum and Rossman are DISMISSED with prejudice. Signed by Judge Tanya Walton Pratt on 9/30/2014. (TRG)
September 30, 2014 Opinion or Order Filing 111 ENTRY on Objection to Magistrate Judge's Order - The Court finds that the Magistrate Judge's May 19 and June 3, 2014 discovery orders were not clearly erroneous or contrary to law. Therefore, the Plaintiff's objections (Filing No. #107 ) are OVERRULED. Signed by Judge Tanya Walton Pratt on 9/30/2014. (TRG)
June 27, 2014 Filing 110 REPLY in Support of Motion re #107 MOTION Plaintiffs' Rule 72(a) Objection to June 3, 2014 Order, filed by Plaintiffs MARY CHARLENE SPIERER, ROBERT EVAN SPIERER. (Kerridge, Jeanine)
June 20, 2014 Filing 109 RESPONSE in Opposition re #107 MOTION Plaintiff's Rule 72(a) Objection to Magistrate Judge's June 3, 2014 Nondispositive Order, filed by Defendant COREY E ROSSMAN. (Mize, Dane)
June 19, 2014 Filing 108 RESPONSE to Plaintiffs' Rule 72(a) Objection, re #107 Response, filed by Defendant JASON ISAAC ROSENBAUM. (Cassman, Stephanie)
June 13, 2014 Filing 107 Plaintiffs' Rule 72(A) Objection to Magistrate Judge's June 3, 2014 Nondispositive Order #103 , filed by Plaintiffs MARY CHARLENE SPIERER, ROBERT EVAN SPIERER. (Barclay, Jason) Modified on 6/16/2014 (MGG). Modified on 6/20/2014 (TRG).
June 11, 2014 Filing 106 REPLY in Support of Motion re #95 MOTION for Leave to File Supplement to Response to Rosenbaum's Summary Judgment Motion With Additional Rule 56(D) Affidavit , filed by Plaintiffs MARY CHARLENE SPIERER, ROBERT EVAN SPIERER. (Barclay, Jason)
June 4, 2014 Filing 105 MOTION for Joinder to Jason Isaac Rosenbaum's Objection to Plaintiffs' Motion for Leave to Supplement #102 Response to Rosenbaum's Summary Judgment with Additional Rule 56(d) Affidavit, filed by Defendant COREY E ROSSMAN. (Attachments: #1 Text of Proposed Order)(Mize, Dane) Modified on 6/9/2014 (MGG).
June 4, 2014 Filing 104 REPLY in Support of Motion re #88 MOTION to Join Jason Isaac Rosenbaum's #61 Motion for Summary Judgment , filed by Defendant COREY E ROSSMAN. (Attachments: #1 Text of Proposed Order)(Mize, Dane) Modified on 6/4/2014 (MGG).
June 3, 2014 Opinion or Order Filing 103 MINUTE ORDER for proceedings held before Magistrate Judge Tim A. Baker: Discovery Hearing held on 5/28/2014. The Court held a hearing May 28, 2014, to consider whether a recently imposed discovery stay should be continued, as well as to address other discovery-related matters. The hearing followed a May 19, 2014, order granting Defendant Jason Rosenbaum's motion to bifurcate and imposing a stay on discovery. Plaintiffs argued at the hearing that the stay was improper and should be lifted. For the reasons set forth below, the Court denies Plaintiffs' request to lift the stay and issues additional discovery rulings. Defendants suggest that Plaintiffs' proposed discovery "makes it clear that they are attempting to conduct their own independent investigation into the disappearance of Lauren Spierer using federal subpoena power under the guise of prosecuting a Dram Shop claim." [Filing No. 75, at ECF p. 2.] If this description is correct, Plaintiffs' pursuit of information is understandable given the mystery and misery that surrounds Lauren Spierer's disappearance three years ago today. Nevertheless, for the reasons set forth, the discovery stay will remain in place and discovery will remain on hold for now. Accordingly, Plaintiffs' motion for reconsideration [Filing No. 96] is denied. Defendants' motions to quash [Filing No. 74; Filing No. 76] are denied as moot in light of the discovery stay (see Order for additional information) Signed by Magistrate Judge Tim A. Baker. (SWM)
June 2, 2014 Filing 102 RESPONSE in Opposition re #95 MOTION for Leave to File Supplement to Response to Rosenbaum's Summary Judgment Motion With Additional Rule 56(D) Affidavit , filed by Defendant JASON ISAAC ROSENBAUM. (Attachments: #1 Text of Proposed Order)(Trimble, John)
May 30, 2014 Filing 101 EXHIBIT A - Rule 56(D) Affidavit of Jason R. Barclay re #94 Response, #95 MOTION for Leave to File Supplement to Response to Rosenbaum's Summary Judgment Motion With Additional Rule 56(D) Affidavit. (DW)
May 30, 2014 Opinion or Order Filing 100 ORDER granting #98 Motion to Substitute Exhibit A. The Court, being duly advised, hereby GRANTS the Motion and ORDERS that Exhibit A [Filing No. 98-1]be docketed and substituted for Exhibit A at Filing Nos. 94-1 and 95-1. Signed by Magistrate Judge Tim A. Baker on 5/30/2014. (DW)
May 28, 2014 Opinion or Order Filing 99 ORDER granting Plaintiffs' #93 Motion for enlargement of CMP Deadlines: The time in which to conduct expert discovery relating to dispositive motions is enlarged indefinitely during the period of the Court's stay of discovery. Signed by Magistrate Judge Tim A. Baker on 5/28/2014. (SWM)
May 23, 2014 Filing 98 MOTION to Substitute Exhibit A to Filings Under Docket Nos. #94 and #95 , filed by Plaintiffs MARY CHARLENE SPIERER, ROBERT EVAN SPIERER. (Attachments: #1 Exhibit A - Rule 56(D) Affidavit of Jason R. Barclay, #2 Text of Proposed Order Granting Motion to Substitute Exhibit A to Filings Under Docket Nos. 94 and 95)(Barclay, Jason) Modified on 5/27/2014 (MGG).
May 23, 2014 Filing 97 BRIEF/MEMORANDUM in Support re #96 MOTION for Reconsideration re #92 OrderTerminate MotionsSet Hearings , filed by Plaintiffs MARY CHARLENE SPIERER, ROBERT EVAN SPIERER. (Barclay, Jason)
May 23, 2014 Filing 96 MOTION for Reconsideration re #92 OrderTerminate MotionsSet Hearings , filed by Plaintiffs MARY CHARLENE SPIERER, ROBERT EVAN SPIERER. (Attachments: #1 Text of Proposed Order Granting Motion for Reconsideration of Order Bifurcating and Staying Discovery)(Barclay, Jason)
May 23, 2014 Filing 95 MOTION for Leave to File Supplement to #71 Response to Rosenbaum's #61 Summary Judgment Motion With Additional Rule 56(D) Affidavit, filed by Plaintiffs MARY CHARLENE SPIERER, ROBERT EVAN SPIERER. (Attachments: # (1) **See doc #101 for Substituted Exhibit** Exhibit A - Rule 56(D) Affidavit of Jason R. Barclay, # (2) Text of Proposed Order Order Granting Motion for Leave to Supplement Response to Rosenbaum's Summary Judgment Motion)(Barclay, Jason) Modified on 5/27/2014 (MGG). Modif Modified on 5/30/2014 (DW).
May 23, 2014 Filing 94 RESPONSE re #88 MOTION to Join Jason Isaac Rosenbaum's Motion for Summary Judgment , filed by Plaintiffs MARY CHARLENE SPIERER, ROBERT EVAN SPIERER. (Attachments: # (1) **See doc #101 for Substituted Exhibit** Exhibit A - Rule 56(D) Affidavit of Jason R. Barclay)(Barclay, Jason) Modified on 5/30/2014 (DW).
May 20, 2014 Filing 93 Unopposed MOTION for Enlargement of Case Management Plan Deadlines, filed by Plaintiffs MARY CHARLENE SPIERER, ROBERT EVAN SPIERER. (Attachments: #1 Text of Proposed Order)(Kerridge, Jeanine)
May 19, 2014 Opinion or Order Filing 92 ORDER ON MOTION TO BIFURCATE AND RELATED DISCOVERY ISSUES: For now, the Court grants the motion to bifurcate [Filing No. 60] and stays further discovery pending a discovery hearing, at which time the motions to quash will be addressed along with any remaining discovery issues. This matter is set for a hearing at 2 p.m. on May 28, 2014, in Room 238, U.S. Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. All parties shall participate by counsel ***SEE ORDER FOR ADDITIONAL INFORMATION***. Signed by Magistrate Judge Tim A. Baker on 5/19/2014.(DW)
May 12, 2014 Opinion or Order Filing 91 ORDER granting Defendant Jason Isaac Rosenbaum's #84 Motion for Extension of Time to respond to Plaintiffs' discovery requests to 5/30/2014. Signed by Magistrate Judge Tim A. Baker on 5/12/2014. (SWM)
May 9, 2014 Filing 90 REPLY in Support of Motion re #74 MOTION to Quash Nonparty Subpoenas , filed by Defendant COREY E ROSSMAN. (Mize, Dane)
May 7, 2014 Opinion or Order Filing 89 ORDER granting #88 Motion to join and incorporate Jason Issac Rosenbaum's motion for summary judgment #61 , brief in support of motion #62 and reply in support of motion for summary judgment #73 . Signed by Judge Tanya Walton Pratt on 5/7/2014. (CBU)
May 5, 2014 Filing 88 MOTION to Join Jason Isaac Rosenbaum's #61 Motion for Summary Judgment, filed by Defendant COREY E ROSSMAN. (Attachments: #1 Text of Proposed Order)(Mize, Dane) Modified on 5/6/2014 (TRG).
May 2, 2014 Opinion or Order Filing 87 SCHEDULING ORDER: Status Conference set for 5/5/2014 09:30 AM in Telephonic before Magistrate Judge Tim A. Baker. Parties shall participate in this conference by counsel, who shall call the Court at 317-229-3660. The purpose of this conference is to address discovery issues. Signed by Magistrate Judge Tim A. Baker on 5/2/2014.(SWM)
May 2, 2014 Filing 86 RESPONSE in Opposition re #74 MOTION to Quash Nonparty Subpoenas, #76 MOTION to Quash Plaintiffs' Subpoenas to Non-Parties , filed by Plaintiffs MARY CHARLENE SPIERER, ROBERT EVAN SPIERER. (Kerridge, Jeanine)
May 1, 2014 Filing 85 RESPONSE in Opposition re #84 MOTION for Extension of Time to May 30, 2014 to Respond to Discovery Requets , filed by Plaintiffs MARY CHARLENE SPIERER, ROBERT EVAN SPIERER. (Kerridge, Jeanine)
April 30, 2014 Filing 84 MOTION for Extension of Time to May 30, 2014 to Respond to Discovery Requets, filed by Defendant JASON ISAAC ROSENBAUM. (Attachments: #1 Text of Proposed Order)(Cassman, Stephanie)
April 23, 2014 Filing 83 COURTROOM PROCEDURES AND TRIAL PRACTICE before Judge Tanya Walton Pratt. (TRG)
April 23, 2014 Opinion or Order Filing 82 SCHEDULING ORDER: Having approved the Case Management Plan as amended, the Court hereby sets the final pretrial conference on April 8, 2015 at 1:30 p.m., in Room 330, and the jury trial to begin on May 4, 2015 at 9:00 a.m., in Courtroom 344, Birch Bayh Federal Building and United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana. Signed by Judge Tanya Walton Pratt on 4/23/2014.(TRG)
April 21, 2014 Filing 81 Exhibit List Preliminary, filed by Defendant JASON ISAAC ROSENBAUM. (Cassman, Stephanie)
April 21, 2014 Filing 80 Witness List Preliminary, filed by Defendant JASON ISAAC ROSENBAUM. (Cassman, Stephanie)
April 21, 2014 Filing 79 Exhibit List Preliminary, filed by Defendant COREY E ROSSMAN. (Mize, Dane)
April 21, 2014 Filing 78 Witness List Preliminary, filed by Defendant COREY E ROSSMAN. (Mize, Dane)
April 21, 2014 Filing 77 BRIEF/MEMORANDUM in Support re #76 MOTION to Quash Plaintiffs' Subpoenas to Non-Parties , filed by Defendant JASON ISAAC ROSENBAUM. (Attachments: #1 Exhibit A - Subpoenas to AT&T & Verizon, #2 Exhibit B - Subpoena to Indiana University)(Cassman, Stephanie)
April 21, 2014 Filing 76 MOTION to Quash Plaintiffs' Subpoenas to Non-Parties, filed by Defendant JASON ISAAC ROSENBAUM. (Attachments: #1 Text of Proposed Order)(Cassman, Stephanie)
April 18, 2014 Filing 75 BRIEF/MEMORANDUM in Support re #74 MOTION to Quash Nonparty Subpoenas , filed by Defendant COREY E ROSSMAN. (Attachments: #1 Exhibit Verizon Subpoena.Exhibit A, #2 Exhibit AT&T Subpoena.Exhibit B, #3 Exhibit Indiana University Subpoena.Exhibit C, #4 Exhibit Curry Real Estate Subpoena.Exhibit D, #5 Exhibit ER Lewis Subpoena.Exhibit E, #6 Exhibit Small Plaza Apartments Subpoena.Exhibit F)(Mize, Dane)
April 18, 2014 Filing 74 MOTION to Quash Nonparty Subpoenas, filed by Defendant COREY E ROSSMAN. (Attachments: #1 Text of Proposed Order Order Granting Motion to Quash Nonparty Subpoenas)(Mize, Dane)
April 9, 2014 Filing 73 REPLY in Support of Motion re #61 MOTION for Summary Judgment , filed by Defendant JASON ISAAC ROSENBAUM. (Trimble, John)
April 4, 2014 Opinion or Order Filing 72 ORDER denying #46 Motion for Reconsideration. Signed by Judge Tanya Walton Pratt on 4/3/2014. (CBU)
March 24, 2014 Filing 71 RESPONSE in Opposition re #61 MOTION for Summary Judgment , filed by Plaintiffs MARY CHARLENE SPIERER, ROBERT EVAN SPIERER. (Attachments: #1 Exhibit Exhibit A - 56(D) Declaration)(Kerridge, Jeanine)
March 20, 2014 Filing 70 Exhibit List Preliminary, filed by Plaintiffs MARY CHARLENE SPIERER, ROBERT EVAN SPIERER. (Kerridge, Jeanine)
March 20, 2014 Filing 69 Witness List Preliminary, filed by Plaintiffs MARY CHARLENE SPIERER, ROBERT EVAN SPIERER. (Kerridge, Jeanine)
March 19, 2014 Opinion or Order Filing 68 ORDER denying #51 Plaintiff's Motion for Protective Order - The general rule is that the record of a judicial proceeding is public. If Plaintiffs have any hope of getting the Court to approve a protective order limiting the manner in which discovery materials may be handled and disclosed, Plaintiffs must correct the deficiencies noted in this order. Thus, Plaintiffs' motion for a protective order [Filing No. 51] is denied without prejudice. ***SEE ORDER***. Signed by Magistrate Judge Tim A. Baker on 3/19/2014. (JKS)
March 17, 2014 Filing 67 REPLY in Support of Motion re #60 MOTION to Bifurcate and Limit Discovery to the Issue of Proximate Cause , filed by Defendant JASON ISAAC ROSENBAUM. (Trimble, John)
March 6, 2014 Filing 66 RESPONSE in Opposition re #60 MOTION to Bifurcate and Limit Discovery to the Issue of Proximate Cause , filed by Plaintiffs MARY CHARLENE SPIERER, ROBERT EVAN SPIERER. (Kerridge, Jeanine)
February 20, 2014 Filing 65 NOTICE of Service of Initial Disclosures , filed by Plaintiffs MARY CHARLENE SPIERER, ROBERT EVAN SPIERER. (Kerridge, Jeanine)
February 20, 2014 Filing 64 NOTICE of Service of Initial Disclosures , filed by Defendant JASON ISAAC ROSENBAUM. (Cassman, Stephanie)
February 20, 2014 Filing 63 NOTICE of Service of Initial Disclosures , filed by Defendant COREY E ROSSMAN. (Mize, Dane)
February 20, 2014 Filing 62 BRIEF/MEMORANDUM in Support re #61 MOTION for Summary Judgment , filed by Defendant JASON ISAAC ROSENBAUM. (Trimble, John)
February 20, 2014 Filing 61 MOTION for Summary Judgment , filed by Defendant JASON ISAAC ROSENBAUM. (Trimble, John)
February 20, 2014 Filing 60 MOTION to Bifurcate and Limit Discovery to the Issue of Proximate Cause, filed by Defendant JASON ISAAC ROSENBAUM. (Attachments: #1 Exhibit Statement to Associated Press)(Trimble, John)
February 19, 2014 Filing 59 REPLY in Support of Motion re #51 MOTION for Protective Order , filed by Plaintiffs MARY CHARLENE SPIERER, ROBERT EVAN SPIERER. (Kerridge, Jeanine)
February 11, 2014 Filing 58 REPLY in Support of Motion re #46 MOTION for Reconsideration re #37 Order on Motion to Dismiss for Failure to State a Claim , filed by Defendant COREY E ROSSMAN. (Mize, Dane)
February 11, 2014 Filing 57 RESPONSE in Opposition re #51 MOTION for Protective Order , filed by Defendant JASON ISAAC ROSENBAUM. (Trimble, John)
February 11, 2014 Filing 56 RESPONSE in Opposition re #51 MOTION for Protective Order , filed by Defendant COREY E ROSSMAN. (Mize, Dane)
February 4, 2014 Filing 55 RESPONSE in Opposition re #46 MOTION for Reconsideration re #37 Order on Motion to Dismiss for Failure to State a Claim , filed by Plaintiffs MARY CHARLENE SPIERER, ROBERT EVAN SPIERER. (Kerridge, Jeanine)
February 4, 2014 Filing 54 TRANSCRIPT of Oral Argument held on 12/02/2013 before Judge Tanya Walton Pratt. (46 pages.) Court Reporter/Transcriber: David Moxley (Telephone: (317) 916-8209). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 2/25/2014. Release of Transcript Restriction set for 5/5/2014. (Moxley, David) Released on 5/7/2014 (SWM).
February 4, 2014 Filing 53 NOTICE of FILING of OFFICIAL TRANSCRIPT of Oral Argument held before Judge Tanya Walton Pratt on 12/02/2013 (Moxley, David)
January 31, 2014 Opinion or Order Filing 52 DISCOVERY ORDER: The parties appeared by counsel on January 29, 2014, for a telephonic status conference. The primary issue before the Court at this conference was whether to allow discovery to proceed. The Court first considered this issue at the August 22, 2013, initial pretrial conference. Plaintiffs argued at that time that discovery should proceed but the Defendants objected. The Court stayed discovery at that time, stating, "In light of the issues raised in the pending motions to dismiss, as well as Defendants' expected assertion of their Fifth Amendment rights against selfincrimination, the Court grants the Defendants' request to stay all discovery pending rulings on those motions." [Docket No. 34.]. Accordingly, the parties' proposed Case Management Plan [Docket No. 50] is approved as amended to reflect that Plaintiffs' proposals are adopted and Defendants' proposals are overruled. The other tendered CMPs [Docket Nos. 47, 48] are denied ***SEE ORDER FOR ADDITIONAL INFORMATION***. Signed by Magistrate Judge Tim A. Baker on 1/31/2014. (DW)
January 29, 2014 Filing 51 MOTION for Protective Order , filed by Plaintiffs MARY CHARLENE SPIERER, ROBERT EVAN SPIERER. (Attachments: #1 Text of Proposed Order, #2 Exhibit Exhibit to Proposed Order)(Kerridge, Jeanine)
January 29, 2014 Filing 50 Corrected Parties' Disputed CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs MARY CHARLENE SPIERER, ROBERT EVAN SPIERER . (Barclay, Jason)
January 28, 2014 Filing 49 Submission of Signature Requirement re #48 Case Management Plan Tendered by by MARY CHARLENE SPIERER, ROBERT EVAN SPIERER. (Barclay, Jason)
January 27, 2014 Filing 48 Parties' Disputed CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs MARY CHARLENE SPIERER, ROBERT EVAN SPIERER . (Barclay, Jason)
January 27, 2014 Filing 47 CASE MANAGEMENT PLAN TENDERED, filed by Defendants JASON ISAAC ROSENBAUM, COREY E ROSSMAN . (Mize, Dane)
January 21, 2014 Filing 46 MOTION for Reconsideration re #37 Order on Motion to Dismiss for Failure to State a Claim , filed by Defendant COREY E ROSSMAN. (Attachments: #1 Text of Proposed Order)(Mize, Dane)
January 20, 2014 Filing 45 ANSWER to Complaint and Affirmative Defenses, filed by COREY E ROSSMAN.(Mize, Dane)
January 20, 2014 Filing 44 ANSWER to Complaint and Affirmative Defenses, filed by JASON ISAAC ROSENBAUM.(Trimble, John)
January 13, 2014 Opinion or Order Filing 43 ORDER: It has come to the Court's attention that Attorney Carl Arthur Salzmann is not registered as a Filing User with this Court's Electronic Case Filing System as required by Local Rule 5-3. Attorney Salzmann shall comply with Local Rule 5-3 within fourteen days of this entry. Copy to Arthur Salzmann via US Mail. Signed by Judge Tanya Walton Pratt on 1/13/2014.(SWM)
January 8, 2014 Opinion or Order Filing 42 ORDER SETTING TELEPHONIC STATUS CONFERENCE: This cause is set for a telephonic status conference at 11:00 a.m. on January 29, 2014. Parties shall participate in this conference by counsel, who shall contact the Court at 317-229-3660. The purpose of this conference is to address case management. Parties shall confer and file a proposed Case Management Plan no later than January 27, 2014. Signed by Magistrate Judge Tim A. Baker on 1/8/2014.(DW)
January 8, 2014 Opinion or Order Filing 41 ORDER granting #38 Motion for Extension of Time to File responsive pleading to and including January 20, 2014. Signed by Magistrate Judge Tim A. Baker on 1/8/2014. (DW)
January 8, 2014 Filing 40 Submission of Proposed Order , re #39 Unopposed MOTION for Extension of Time to 1/20/2014 TO ANSWER PLAINTIFFS' COMPLAINT, filed by Defendant COREY E ROSSMAN. (Mize, Dane)
January 6, 2014 Filing 39 Unopposed MOTION for Extension of Time to 1/20/2014 TO ANSWER PLAINTIFFS' COMPLAINT, filed by Defendant COREY E ROSSMAN. (Mize, Dane)
December 30, 2013 Filing 38 MOTION for Extension of Time to January 20, 2014 , filed by Defendant JASON ISAAC ROSENBAUM. (Attachments: #1 Text of Proposed Order)(Baker, Robert)
December 23, 2013 Filing 37 ENTRY ON MOTIONS TO DISMISS - A motion to dismiss pursuant to Rule 12(b)(6) does not test whether the plaintiff will prevail on the merits but instead whether the claimant has properly stated a claim. See Scheuer v. Rhodes, 416 U.S. 232, 236 (1974). For the foregoing reasons, the Court finds the Spierers' claims of negligence per se and Dram Shop liability have survived the initial hurdle of a motion to dismiss. Whether or not these claims can survive summary judgment is a matter for another day. Accordingly, the Court GRANTS Rossman's and Rosenbaum's motions to dismiss Count I of the Spierers' Complaint for common law negligence brought under the Child Wrongful Death Statute and for common law loss of a child's service. The Court DENIES Rossman's and Rosenbaum's motions to dismiss on Counts II and III of the Spierers' Complaint for negligence per se and Dram Shop liability. Signed by Judge Tanya Walton Pratt on 12/23/2013. Copy Mailed. (JD)
December 2, 2013 Filing 36 MINUTE ENTRY for oral argument held before Judge Tanya Walton Pratt on 12/2/2013: Plaintiffs appeared in person by counsel. Defendants appeared by counsel. Oral argument presented. For the reasons stated on the record, Defendant Michael B. Beth's Motion to Dismiss Pursuant to F.R.C.P. 12(B)(6) (Dkt. #20 ) was GRANTED. The claim against Defendant Beth is dismissed and no partial final judgment shall issue at this time. Defendant Corey E. Rossmann's Motion to Dismiss Plaintiffs' Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) (Dkt. #22 ) and Defendant Jason Isaac Rosenbaum's Motion to Dismiss Plaintiffs' Complaint for Failure to State a Claim (Dkt. #24 ) were taken under advisement. Signed by Judge Tanya Walton Pratt. (Court Reporter David Moxley.) (TRG)
October 31, 2013 Opinion or Order Filing 35 SCHEDULING ORDER- Oral Argument on motions to dismiss set for 12/2/2013 02:00 PM in room #344, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Tanya Walton Pratt. Parties are allotted 30 minutes each side for a total of one hour. Signed by Judge Tanya Walton Pratt on 10/31/2013 (copy sent to Carl Arthur Salzmann)(CBU)
August 22, 2013 Opinion or Order Filing 34 MINUTE ORDER for proceedings held before Magistrate Judge Tim A. Baker: Initial Pretrial Conference held on 8/22/2013. Parties appeared by counsel August 22, 2013, for an initial pretrial conference. In light of the issues raised in the pending motions to dismiss, as well as Defendants' expected assertion of their Fifth Amendment rights against self-incrimination, the Court grants the Defendants' request to stay all discovery pending rulings on those motions. The Case Management Plan [Docket No. 31] is denied c/m. Signed by Magistrate Judge Tim A. Baker.(SWM)
August 21, 2013 Filing 33 REPLY in Support of #20 Motion to Dismiss, filed by Defendant MICHAEL B BETH. (Garrison, James) Modified event type and document link on 8/22/2013 (JD).
August 19, 2013 Opinion or Order Filing 32 ORDER granting Deft Michael Beth's #28 Motion for Extension of Time to File Reply re #20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Reply due by 8/21/2013 c/m. Signed by Magistrate Judge Tim A. Baker on 8/19/2013. (SWM)
August 15, 2013 Filing 31 CASE MANAGEMENT PLAN TENDERED, filed by Defendants MICHAEL B BETH, JASON ISAAC ROSENBAUM, COREY E ROSSMAN, Plaintiffs MARY CHARLENE SPIERER, ROBERT EVAN SPIERER . (Kerridge, Jeanine)
August 15, 2013 Filing 30 REPLY in Support of Motion re #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant JASON ISAAC ROSENBAUM. (Trimble, John)
August 15, 2013 Filing 29 REPLY in Support of Motion re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant COREY E ROSSMAN. (Mize, Dane)
August 14, 2013 Filing 28 MOTION for Extension of Time to August 21, 2013, in which to File Reply re #20 Motion to Dismiss, filed by Defendant MICHAEL B BETH. (Attachments: #1 Text of Proposed Order)(Garrison, James) Modified event type and document link on 8/15/2013 (JD).
August 8, 2013 Filing 27 RESPONSE in Opposition re #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Plaintiffs MARY CHARLENE SPIERER, ROBERT EVAN SPIERER. (Attachments: #1 Exhibit A - Indiana Court of Appeals Memorandum Decision)(Barclay, Jason)
July 26, 2013 Opinion or Order Filing 26 ORDER granting #21 Motion to Withdraw Attorney Appearance. Attorney Jennifer Lukemeyer and James H. Voyles withdrawn c/m. Signed by Magistrate Judge Tim A. Baker on 7/26/2013. (SWM)
July 25, 2013 Filing 25 BRIEF/MEMORANDUM in Support re #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant JASON ISAAC ROSENBAUM. (Trimble, John)
July 25, 2013 Filing 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant JASON ISAAC ROSENBAUM. (Attachments: #1 Text of Proposed Order)(Trimble, John)
July 25, 2013 Filing 23 BRIEF/MEMORANDUM in Support re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant COREY E ROSSMAN. (Mize, Dane)
July 25, 2013 Filing 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant COREY E ROSSMAN. (Attachments: #1 Text of Proposed Order)(Mize, Dane)
July 25, 2013 Filing 21 MOTION to Withdraw Attorney Appearance James H. Voyles and Jennifer M. Lukemeyer, filed by Defendant JASON ISAAC ROSENBAUM. (Attachments: #1 Text of Proposed Order)(Voyles, James)
July 25, 2013 Filing 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant MICHAEL B BETH. (Attachments: #1 Memorandum in Support of Motion to Dismiss)(Garrison, James)
July 8, 2013 Filing 19 NOTICE of Appearance by Dane Andrew Mize on behalf of Defendant COREY E ROSSMAN. (Mize, Dane)
July 8, 2013 Filing 18 Statement (Joint Supplemental Jurisdictional Statement) by All Parties. (Cassman, Stephanie)
June 27, 2013 Opinion or Order Filing 17 SCHEDULING ORDER: Initial Pretrial Conference set for 8/22/2013 01:30 PM in room #234, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Tim A. Baker. If a proposed Case Management Plan ("CMP") has not yet been filed, the parties are ordered to confer prior to the initial pretrial conference and prepare a proposed CMP (see Order for additional information) c/m. Signed by Magistrate Judge Tim A. Baker on 6/27/2013.(SWM)
June 27, 2013 Filing 16 NOTICE of Parties First Extension of Time to July 25, 2013 to file responsive pleading to Plaintiffs' Complaint, filed by Defendant MICHAEL B BETH. (Garrison, James) Modified on 6/28/2013 (TRG).
June 26, 2013 Filing 15 NOTICE of Appearance by Robert M. Baker, IV on behalf of Defendant JASON ISAAC ROSENBAUM. (Baker, Robert)
June 26, 2013 Filing 14 NOTICE of Appearance by Theresa Renee Parish on behalf of Defendant JASON ISAAC ROSENBAUM. (Parish, Theresa)
June 26, 2013 Filing 13 NOTICE of Appearance by John Carl Trimble on behalf of Defendant JASON ISAAC ROSENBAUM. (Trimble, John)
June 26, 2013 Filing 12 NOTICE of Parties' First Extension of Time, filed by Defendant JASON ISAAC ROSENBAUM. (Cassman, Stephanie)
June 26, 2013 Filing 11 NOTICE of Appearance by Stephanie Lynn Cassman on behalf of Defendant JASON ISAAC ROSENBAUM. (Cassman, Stephanie)
June 25, 2013 Filing 10 ENTRY ON JURISDICTION - It has come to the Court's attention that Defendants' Notice of Removal fails to allege all of the facts necessary to determine whether this Court has subject matter jurisdiction over this case. Within 14 Days of the Date of this Entry, the parties shall file a Joint Supplemental Jurisdictional Statement providing the missing information and/or clarifying the conflicting citizenship infomation. Filing a compliant statement will satisfy Plaintiffs' obligations under Local Rule 81-1. Signed by Judge Tanya Walton Pratt on 6/25/2013. Copy Mailed.(JD)
June 25, 2013 Filing 9 NOTICE OF AGREED ENLARGEMENT OF TIME FOR DEFENDANT TO RESPOND TO PLAINTIFFS' COMPLAINT, filed by Defendant COREY E ROSSMAN (Skiles, Richard)
June 25, 2013 Filing 8 NOTICE of Appearance by Richard Robert Skiles on behalf of Defendant COREY E ROSSMAN. (Skiles, Richard)
June 21, 2013 Filing 7 NOTICE of Reassignment of Case to Magistrate Judge Tim A. Baker. Magistrate Judge Mark J. Dinsmore no longer assigned to the case. Please include the new case number, 1:13-cv-0991-TWP-TAB, on all future filings in this matter. (DJH)
June 21, 2013 Opinion or Order Filing 6 ORDER OF RECUSAL. Clerk is directed to randomly reassign case and notify parties of newly assigned Judge. Signed by Magistrate Judge Mark J. Dinsmore on 6/21/2013. (NLR)
June 20, 2013 Filing 5 Submission of Signature Requirement re Civil Cover Sheet, filed by MICHAEL B BETH. (Taylor, Joshua) Modified on 6/20/2013 (JD).
June 20, 2013 Filing 4 Submission of Signature Requirement re #3 NOTICE of Appearance by Joshua N. Taylor on behalf of Defendant MICHAEL B BETH. (Taylor, Joshua) Modified event type on 6/20/2013 (JD).
June 20, 2013 Filing 3 NOTICE of Appearance by Joshua N. Taylor on behalf of Defendant MICHAEL B BETH. (Garrison, James) Modified on 6/20/2013 (JD).
June 20, 2013 Filing 2 NOTICE of Appearance by James Gregory Garrison on behalf of Defendant MICHAEL B BETH. (Garrison, James)
June 20, 2013 Filing 1 NOTICE OF REMOVAL from Monroe County Circuit Court 1, case number 53C01-1305-CT-001048, filed by MICHAEL B BETH. (Filing fee $400, receipt number 0756-2717960) (Attachments: #1 State Court Record (complaint and summons), #2 Civil Cover Sheet)(Garrison, James)

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Search for this case: SPIERER et al v. ROSSMAN et al
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Plaintiff: ROBERT EVAN SPIERER
Represented By: Jason Ross Barclay
Represented By: Jeanine R. Kerridge
Represented By: Larry A. Mackey
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Plaintiff: MARY CHARLENE SPIERER
Represented By: Jason Ross Barclay
Represented By: Jeanine R. Kerridge
Represented By: Larry A. Mackey
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Defendant: COREY E ROSSMAN
Represented By: Carl Arthur Salzmann
Represented By: Dane Andrew Mize
Represented By: Richard Robert Skiles
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Defendant: JASON ISAAC ROSENBAUM
Represented By: James H. Voyles
Represented By: Jennifer Lukemeyer
Represented By: John Carl Trimble
Represented By: Robert M. Baker, IV
Represented By: Stephanie Lynn Cassman
Represented By: Theresa Renee Parish
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Defendant: MICHAEL B BETH
Represented By: Joshua N. Taylor
Represented By: James Gregory Garrison
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