RACKEMANN v. LISNR, INC. et al
| ALAN RACKEMANN |
| ADEPT MOBILE, LLC, INDIANAPOLIS COLTS, INC. and LISNR, INC. |
| 1:2017cv00624 |
| February 28, 2017 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Mark J. Dinsmore |
| Tanya Walton Pratt |
| Other Statutory Actions |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
319
ORDER ADOPTING REPORT AND RECOMMENDATIONS AND ENTRY GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION TO DISMISS COUNTERCLAIMS - A motion to dismiss pursuant to Rule 12(b)(6) does not test whether the plaintiff will prevail on the meri ts but instead whether the claimant has properly stated a claim. For the foregoing reasons the Court OVERRULES LISNR'S Objection (Filing No. 298 ) and the Plaintiffs' Objections (Filing No. 300 ), and ADOPTS in full the Magistrate Judg e's Report and Recommendation (Filing No. 296 ). Accordingly, the Court GRANTS in part and DENIES in part, the Plaintiffs' Motion to Dismiss (Filing No. 250 ). LISNR's counterclaims for declaratory judgment, abuse of process, and spoliation are DISMISSED. LISNR's counterclaims for malicious prosecution, violation of the Illinois Deceptive Trade Practices Act, and defamation SURVIVE the initial hurdle of the Motion to Dismiss. Whether or not these claims can survive summary judgment is a matter for another day. (See Order.) Signed by Judge Tanya Walton Pratt on 9/24/2018.(NAD)
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Filing
289
ORDER ADOPTING 254 REPORT AND RECOMMENDATIONS for 193 Motion to Dismiss for Failure to State a Claim filed by ALAN RACKEMANN. Plaintiff's Motion to Strike or Dismiss Counterclaims (Dkt. 193 ) is DENIED as MOOT. Signed by Judge Tanya Walton Pratt on 3/21/2018.(LBT)
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Filing
129
ENTRY ON DEFENDANTS' MOTIONS TO DISMISS - For the reasons stated above, the Court DENIES Defendants' Motions to Dismiss, (Filing No. 30 ; Filing No. 31 ; Filing No. 34 ), insofar as they relate to Rackemann's "interception" claims. The Court GRANTS without prejudice Defendants' Motions to Dismiss, insofar as they relate to Rackemann's "use" claims. Should he choose to do so, Rackemann may file an amended complaint, within thirty (30) days of the docketing of this Order. See entry for details. Signed by Judge Tanya Walton Pratt on 9/29/2017. (MEJ)
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Filing
117
ORDER denying 89 Defendants' Motion to Appoint Expert. Signed by Magistrate Judge Mark J. Dinsmore on 7/11/2017. (CBU)
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