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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. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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