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Friday, August 23, 2013

Ind. Courts - "Spierers’ lawsuit action suspended pending a motion to dismiss case"

Updating this ILB entry from June 27th, and the followup from July 26th, Laura Lane of the Bloomington Herald-Times reported yesterday in a story that may be publicly available:

A federal court magistrate has put a hold of sorts on a civil lawsuit filed in the case of missing Indiana University student Lauren Spierer, advising both sides not to proceed until a ruling has been made on motions to dismiss the lawsuit.

After a closed pretrial scheduling hearing Thursday that lasted less than a hour, U.S. Magistrate for the Southern District of Indiana Tim Baker issued a ruling telling the attorneys not to proceed to the evidence-gathering portion of the case until federal Judge Tanya Walton Pratt has ruled on three motions to dismiss filed by the defendants in the case.

Rob and Charlene Spierer’s lawsuit claims Corey Rossman, Jason “Jay” Rosenbaum and Michael Beth, all IU students at the time of Spierer’s disappearance in June 2011, are responsible for their daughter’s disappearance and likely death because they knew she was intoxicated and impaired yet did nothing to ensure her safety when she left them to return to her downtown Bloomington apartment.

They hope that depositions taken for the trial will force the men to tell what they know about the night their daughter disappeared.

But lawyers for the three have asked that the lawsuit be dismissed, since there is no proof 20-year-old Spierer is dead and no evidence that their clients were involved.

“In light of the issues raised in the pending motions to dismiss, as well as defendants’ expected assertion of their Fifth Amendment rights against self-incrimination, the court grants the defendants’ request to stay all discovery pending rulings on those motions,” the judge’s ruling states.

Here is the Herald-Times webpage aggregating its Lauren Spierer stories.

Posted by Marcia Oddi on August 23, 2013 11:15 AM
Posted to Indiana Courts