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Spierer civil suit discovery halted; claims called ‘precarious’

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The federal civil lawsuit naming two former Indiana University students who were among the last to see missing IU freshman Lauren Spierer will proceed, but a judge Monday narrowed the inquiry regarding one defendant and halted discovery in the meantime.

Spierer was last seen near the Bloomington campus in the early morning hours of June 3, 2011, after a night of drinking and club-hopping with fellow students. No one has been charged in her disappearance, but Spierer’s parents sued those who were the last to see her and who are alleged to have supplied her alcohol.

U.S. District Court Magistrate Tim Baker on Monday issued an order granting Jason Rosenbaum’s motion to bifurcate the case against him and limit discovery to issues relating to proximate cause.

“In considering these issues, it is relevant and appropriate to consider the seemingly precarious posture of the Spierers’ remaining claims,” Baker wrote in granting Rosenbaum’s motion in Robert Evan Spierer and Mary Charlene Spierer v. Corey Rossman and Jason Rosenbaum, 1:13-CV-991.

“In light of the foregoing developments, particularly the fully briefed summary judgment motion, the Court is hard-pressed to see why discovery should not be halted,” Baker wrote. “For now, the Court grants the motion to bifurcate and stays further discovery pending a discovery hearing, at which time the motions to quash will be addressed along with any remaining discovery issues.”

Baker set that hearing for 2 p.m. May 28 at the Birch Bayh Federal Courthouse in Indianapolis.

The Spierers claim Rosenbaum and Rossman should face civil liability for negligence per se and dram shop. A third defendant, Michael Beth, was previously dismissed from the case, and Judge Tanya Walton Pratt in December dismissed other counts against Rosenbaum and Rothman.

 





 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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