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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. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  2. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  3. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  4. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

  5. "No one is safe when the Legislature is in session."

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