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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. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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