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Depositions delayed in Spierer civil case

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Attorneys for the parents of missing Indiana University student Lauren Spierer must delay more than a dozen planned depositions. The depositions were scheduled this month in four cities in the federal civil trial naming two of the people believed to have last seen Spierer.

The court first will rule on motions for summary judgment sought by defendants Jason Rosenbaum and Corey Rossman. Spierer was 20 when she disappeared from the Bloomington campus in the early morning hours of June 3, 2011, after a night of drinking and club-hopping. No criminal charges have been filed.

Spierer’s parents last year filed the suit, Robert Evan Spierer and Mary Charlene Spierer v. Corey E. Rossman and Jason Isaac Rosenbaum, 1:13-cv-991, but Magistrate Judge Tim A. Baker of the District Court for the Southern District of Indiana, Indianapolis, last month temporarily stayed discovery. Baker noted at the time the “precarious” posture of the Spierers’ claims as a factor in limiting further discovery.

The defendants face remaining Dram Shop and negligence per se claims.

Baker held a hearing last week, and on Tuesday he ordered the discovery stay to remain in effect, denying the Spierers’ motion to reconsider the discovery stay.

“Plaintiffs advised the Court at the May 28 hearing that they want to take fourteen depositions in June, twelve of them from non-parties. These depositions are to occur in New York, Chicago, Detroit, and Boston,” Baker wrote. “On balance, principles of fairness and judicial economy suggest that the potentially dispositive motion for summary judgment should be resolved before unleashing such unduly burdensome and expensive discovery.”

Baker denied Rosenbaum’s and Rossman’s motions to quash non-party subpoenas as moot in light of the discovery stay.

“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.’” Baker wrote.

“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 … the discovery stay will remain in place and discovery will remain on hold for now.”







 

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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