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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. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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