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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. Andrew, you are a whistleblower against an ideologically corrupt system that is also an old boys network ... Including old gals .... You are a huge threat to them. Thieves, liars, miscreants they understand, identify with, coddle. But whistleblowers must go to the stake. Burn well my friend, burn brightly, tyger.

  2. VSB dismissed the reciprocal discipline based on what Indiana did to me. Here we have an attorney actually breaking ethical rules, dishonest behavior, and only getting a reprimand. I advocated that this supreme court stop discriminating against me and others based on disability, and I am SUSPENDED 180 days. Time to take out the checkbook and stop the arrogant cheating to hurt me and retaliate against my good faith efforts to stop the discrimination of this Court. www.andrewstraw.org www.andrewstraw.net

  3. http://www.andrewstraw.org http://www.andrewstraw.net If another state believes by "Clear and convincing evidence" standard that Indiana's discipline was not valid and dismissed it, it is time for Curtis Hill to advise his clients to get out the checkbook. Discrimination time is over.

  4. Congrats Andrew, your street cred just shot up. As for me ... I am now an administrative law judge in Kansas, commissioned by the Governor to enforce due process rights against overreaching government agents. That after being banished for life from the Indiana bar for attempting to do the same as a mere whistleblowing bar applicant. The myth of one lowly peasant with the constitution does not play well in the Hoosier state. As for what our experiences have in common, I have good reason to believe that the same ADA Coordinator who took you out was working my file since 2007, when the former chief justice hired the same, likely to "take out the politically incorrect trash" like me. My own dealings with that powerful bureaucrat and some rather astounding actions .. actions that would make most state courts blush ... actions blessed in full by the Ind.S.Ct ... here: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  5. I presented my defense against discipline to the Virginia State Bar this morning and the 26-member Board of Discipline 100% rejected what Indiana has done to me, including what Ahler did. Discipline DISMISSED.

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