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Wednesday, April 19, 2017

Ind. Decisions - Court of Appeals issues 5 opinion(s) today (and 13 NFP memorandum decision(s))

For publication opinions today (5):

In Constantinos P. Angelopoulos v. Theodore P. Angelopoulos, Neptunia Inc., Transmar Corp., Didiac Establishment, Beta Steel Corp., and Top Gun Investment Corp. II, a 16-page opinion, Judge Mathias writes:

On remand from this court, the Porter Superior Court issued an order denying the motion of Constantinos P. Angelopoulos (“Constantinos”) seeking to modify a protective order preventing him from using certain materials obtained during discovery and designated as confidential by Appellees-Defendants Beta Steel Corp. (“Beta Steel”) and Top Gun Investments Corp. II (“Top Gun”) under the protective order, in future litigation in Greece between Constantinos and his brother Theodore P. Angelopoulos (“Theodore”). The trial court’s order also concluded that, pursuant to Administrative Rule 9, portions of Theodore’s deposition testimony should be excluded from the public record. Constantinos appeals and presents two issues, which we reorder and restate as (1) whether the trial court erred under Administrative Rule 9 by excluding from the public record portions of Theodore’s deposition testimony, and (2) whether the trial court abused its discretion by failing to modify the protective order. * * *

Given the evidence before the trial court that release of personal information regarding Theodore and his family could lead to an increased risk of crime and terrorism against the family, we cannot say that the trial court abused its discretion in denying Constantinos’s motion to modify the protective order. Indeed, Constantinos merely desires to use Indiana’s generous discovery process to discover information that would apparently not be permitted in Greece and be allowed to use these materials in Greece. Unless and until a Greek court decides that such materials would be admissible in the proceedings before the Greek court, a decision to which our courts would afford comity, we cannot say that the trial court abused its discretion by declining Constantinos’s request to modify the protective order.

Conclusion. The trial court did not abuse its discretion when it found that Theodore had met his burden of establishing, by clear and convincing evidence, that the portions of his deposition previously designated as confidential, but submitted in court, should be part of the public record. Nor did the trial court abuse its discretion when it denied Constantinos’s motion to modify the Protective Order to permit Constantinos to use, in Greek litigation, the discovery materials designated as confidential discovery in the Indiana action.

In Citizens Action Coalition of Indiana, Inc. v. Northern Indiana Public Service Company; NIPSCO Industrial Group; and United States Steel Corporation, a 25-page opinion, Judge Baker writes:
Northern Indiana Public Service Company (NIPSCO) filed a petition with the Indiana Utility Regulatory Commission (IURC) seeking to implement a new rate design, pursuant to which certain rates would increase. NIPSCO and other entities, including NIPSCO Industrial Group (Industrial Group) and United States Steel Corporation (US Steel), engaged in settlement negotiations and reached an agreement. Citizens Action Coalition of Indiana, Inc. (CAC), had intervened in the proceeding and objected to the agreement. The IURC ultimately approved the settlement agreement, and CAC now appeals, arguing that there is not substantial evidence supporting the IURC’s order and that the IURC should have required the inclusion of a low-income payment assistance plan and the collection and reporting of customer data by NIPSCO. Finding substantial evidence and no other error, we affirm.
Matthew L. Johnson v. State of Indiana

Wendy Burnett v. State of Indiana

Philip R. Davis v. State of Indiana

NFP civil decisions today (5):

Madison County Board of Commissioners and Madison County Highway Department v. American Federation of State County and Municipal Employees Local 3609 (mem. dec.)

Jeffrey Lambert v. Jill Fox (mem. dec.)

Rohrman Automotive Group v. Paul Pratico and Joy DenHouter (mem. dec.)

Michael Fancis and Carmen Jay Francis v. EMC Mortgage, LLC, successor by merger to EMC Mortgage Corporation (mem. dec.)

In the Matter of A.A. (Minor Child) Child in Need of Services, C.A. v. Indiana Department of Child Services (mem. dec.)

NFP juvenile and criminal decisions today (8):

David Garden v. State of Indiana (mem. dec.)

Aaron Smith v. State of Indiana (mem. dec.)

Tony David Mitchell v. State of Indiana (mem. dec.)

Alicia Patrice Cleveland v. State of Indiana (mem. dec.)

Bryan Tate v. State of Indiana (mem. dec.)

Debra L. Myer v. Michael A. Myer (mem. dec.)

Darion Cook v. State of Indiana (mem. dec.)

Carlos D. Staten v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on April 19, 2017 11:00 AM
Posted to Ind. App.Ct. Decisions