Decisions by Judge Leonard T Strand
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-Stinton v. Old Republic Insurance Company -- Order on defendant's motion for summary judgment. Court found there were no genuine issues of material fact concerning the payment of uninsured motorist benefits. Court found that Archer Daniels Midland Alliance Nutrition, Inc., the company employing Mr. Stinton at the time of his death, had declined uninsured motorist coverage and as such, Mr. Stinton's estate was not entitled to any payments from the policy. Court granted defendant's motion for summary judgment. Judgment entered in favor of defendant Old Republic Insurance Company and against plaintiff Diane Stinton02/10/2016
-Margaret Foster v. Cerro Gordo County, an Iowa Municipal Corporation, et al. -- Order on the County Defendants' motion for summary judgment. Court found there were no genuine issues of material fact and that defendants had not been deliberately indifferent to Foster's serious medical need. Additionally, Court found defendants were entitled to qualified immunity. Court delcines to continue to exercise supplemental jurisdiction over Foster's State law claims against County Defendants due to the failure of Foster to argue the claims should be retained even if the federal claims against County Defendants are dismissed as well as the fact that these claims do not arise from the same facts and circumstances of the federal claims remaining in this case. Court orders all claims pursuant to 42 U.S.C. secton 1983 against the County Defendants (Cerro Gordo County, Kevin Pals, Shad Stoeffler, Terry Allen-Burns, Justin Faught, Chad Harkema, Rusty Pals, Brenda Crom, Marc Kappmeyer and "Additional Unidentified Cerro Gordo County Jail Staff") dismissed with prejudice. Court orders remaining state law claims alleged against County Defendants dismissed without prejudice. Court orders County Defendants dismissed from this action. 01/28/2016
-Jason Bringus v. Steve Elifrits -- Report and Recommendation on defendant's motion for summary judgment. Court found Bringus failed to exhaust the jail's grievance procedures. Court found Bringus failed to submit any admissible evidence illustrating a material dispute of fact, as such, Court recommends defendant's motion for summary judgment be granted.01/20/2016
-Adefris v. Wilson Trailer Company, et al. -- Report and Recommendation on defendants' motion to dismiss. Court found Adefris failed to exhaust administrative remedies under the Iowa Civil Rights Act and any claims of retaliatory discharge under Title VII or the ADA. Court found all claims of individual liability under Title VII and the ADA should be dismissed as the acts do not allow inidividual liability. Additionally Court found that Adefris failed to present a plausible claim for relief under race or national origin discrimination under Title VII and Section 1981. Court found Adefris did not state a claim for disability discrimination. Court found the complaint did not state a plausible claim for a hostile work environment. Court recommends all claims be dismissed except for (1) the ADA failure to accommodate claim, as against Wilson and (2) The Section 1981 retaliatory discharge claim, as against Wilson and Kreber. 01/12/2016
-Raveling v. Tyson Foods, Inc., et al -- Memorandum opinion and order on defendants' motion for summary judgment. Court found Raveling failed to discredit defendants' reasons for discharging him. Additionally Court found that Raveling failed to show age motivated defendants' decision to discharge him. Court orders defendants' motion be granted with regard to all claims. 12/21/2015
-Lorenz v. Tyson Foods, Inc. -- Memorandum opinion and order on defendants' motion for summary judgment. Court found Lorenz established facts sufficient to raise a genuine issue as to whether the dismissal was motivated by age animus. Court denied defendants' motion for summary judgment. 12/03/2015
-Stokes v. Hacker and Anderson -- Report and Recommendation on defendants' unresisted motion for summary judgment. Court found, even when the evidence is considered in a light most favorable to plaintiff, he failed to exhaust his administrative remedies, as a matter of law. As such, court found no genuine issues of material fact existed as to plaintiff's complaint. Court recommends the defendants' motion for summary judgment be granted. 11/18/2015
-Hanson v. Hagerty Insurance Agency, LLC and Essentia Insurance Co. -- Order on plaintiff's motion for leave to amend responses to defendants' requests for admissions. Court found that granting plaintiff's motion would allow the case to be heard and decided on its merits. Court found the defendants were unable to demonstrate prejudice following Hanson's failure to respond to requests. Court granted plaintiff's motion for leave to amend responses to defendants' request for admissions. 11/06/2015
-Lynch v. Custom Welding & Repair, et al. -- Order on Cross-Motions for Summary Judgment. Court found plaintiff failed to demonstrate defendants had violated the FDCPA as a matter of law and as such entered judgment in favor of defendants. Court declined to exercise supplemental jurisdiction on the remaining state law claims and dismissed them without prejudice. Court ordered plaintiff's motion for summary judgment denied in whole. Court granted defendants' motion for summary judgment as to FDCPA claims and dismissed the remaining state law claims with prejudice. 11/06/2015
-Doss v. McKinney, et al. -- Report and Recommendation on defendants' motion for summary judgment. Court found that plaintiff failed to establish deliberate indifference to a serious medical need and as such defendants were entitled to judgment as a matter of law on that claim. Court additionally found plaintiff failed to show retaliation and defendants were entitled to judgment as a matter of law on that claim as well. Court recommended defendants' motion be granted as to both claims and the case be dismissed with prejudice. 11/04/2015
-Peterson v. Martin Marietta Materials, Inc., et al. -- Order on defendants' motion to compel discovery. Court found that plaintiff was unable to establish the sought after information was protected by the work product doctrine. As such, Court ordered plaintiff to comply with defendants' discovery request. 10/13/2015
-Behr, et al v. AADG, Inc. -- Memorandum Opinion and Order on plaintiffs' motion for conditional class certification and court authorized notice. Court granted plaintiffs' request for conditional class certification. Additionally court found the notice unfairly prejudiced AADG as to one part and ordered it be replaced in order to avoid prejudice. Court granted conditional class certification and ordered the notice to be modified. 10/06/2015
-Afshar v. WMG, L.C., et al -- Order denying plaintiff's motion for leave to amend pleadings. Court found that plaintiff's motion was untimely. Court found plaintiff was unable to show good cause for leave to amend the pleadings after the deadline to amend had lapsed. Court alternatively found defendants would be prejudiced by this late stage amendment. Court denied plaintiff's motion for leave to amend pleadings. 09/14/2015
-Liguria Foods, Inc. v. Griffith Laboratories, Inc. -- Order on plaintiff's motion to compel the production of documents and information from defendant. Court found that plaintiff had made a showing that it was likely the defendant possessed the requested documents. Court ordered production of any responsive documents in defendant's possession. 08/24/2015
-Hillman v. Wagers, et al. -- Report and Recommendation on defendants' motion for summary judgment. Court found defendants have accurately described the applicable law and have properly applied that law to the undisputed material facts. Court found that the record, even if viewed in a light most favorably to the plaintiff, fails to establish a genuine issue of material fact as to whether the defendants violated the plaintiff's constitutional rights and whether defendants are entitled to qualified immunity. Court granted the motion for summary judgment and ordered the judgment be entered against plaintiff in favor of defendants. 08/20/2015
-Xcentric Ventures v. Smith -- Report and Recommendation on plaintiffs' motion for preliminary injunction. The court found that plaintiffs demonstrated a likelihood of success on the merits of their claim that the defendant, a county prosecutor, has used his authority to retaliate against them for the exercise of their First Amendment rights. The court also found that the other factors relevant to the consideration of a motion for preliminary injunction weigh in favor of relief. As such, the court recommended the issuance of a preliminary injunction to preserve the status quo pending trial on the merits. 08/19/2015
-Stokes v. Hacker -- Order on defendant's motion to set aside default entry and motion to set aside default judgment. Court determined that good cause existed to set aside the clerk's entry of default due to the blameworthiness of both parties in allowing this default to occur. Court determined that plaintiff was not prejudiced by this delay. Court also found that the motion to set aside default judgment was moot after setting aside the clerk's entry of default. Motion was denied in part and granted in part. 08/17/2015
-Welsh v. Andrews, et al. -- Report and Recommendation on defendants' motion to dismiss. Court found there were no genuine issues of material fact regrding Welsh's excessive force claim. Court also found the use of pepper spray, under the circumstances, was not used maliciously, did not cause the type of injury required for an Eighth Amendment claim and was reasonable. Court concluded Welsh failed to exhaust all available administrative remedies prior to filing the lawsuit. Court further found prison staff and officials were entitled to qualified immunity and the Iowa Department of Corrections was entitled to Eleventh Amendment immunity. Court recommdnded the motion to dismiss be granted with respect to all claims. 06/30/2015
-JTV Manufacturing, Inc. v. Braketown USA, Inc., et al -- Memorandum Opinion and Order denying third-party defendant's motion to dismiss on grounds of forum non conveniens. Court found the forum-selection clause was not reasonably communicated and freely negotiated and therefore, did not become a part of the parties' agreement. Court found the private interest and public interest factors weighed against dismissal and Antil S.p.A. did not demonstrate that the case presented an exceptional circumstance necessary to justify dismissal due to forum non conveniens. Court denied third-party defendant's motion to dismiss. 06/23/2015
-United States v. Thirty-Two Thousand Eight Hundred Twenty Dollars and Fifty-Six Cents ($32,820.56) in United States Currency -- Order on claimants' motion for attorney fees, costs and interest. Court found claimants were not entitled to attorney fees because claimants did not substantially prevail under CAFRA. Court concluded a voluntary dismissal without prejudice did not entitle claimants to prevailing party status, as there was no material alteration of the parties' legal relationship. Nor were the claimants entitled to reconsideration of the order to dismiss. Court found that the claimants were entitlted to certain court costs pursuant to the court's inherent authority to assess such costs under Section 1920. Claimants' motion was denied in part and granted in part. 05/22/2015
-Bruhn Farms Joint Venture v. Fireman's Fund Insurance Company -- Memorandum opinion and order on defendant's motion for summary judgment. Court found there were no genuine issues of material facts relating to plaintiff's breach of contract claim or bad faith claim. Court found plaintiff failed to demonstrate the existence of any genuine issues of material fact as to whether defendant violated Section 3(c) of the insurance policy's general provisions. Court also found that plaintiff's other alleged breaches of the insurance policy were little more than customer-service related complaints. Court found plaintiff did not demonstrate that defendant lacked a reasonable basis for refusing to pay the higher amount plaintiff demanded. Defendant's motion for summary judgment was granted. 05/08/2015
-Oyens Feed & Supply, Inc. v. Primebank and Crooked Creek Corp. v. Primebank and Oyens Feed & Supply, Inc. -- Report and Recommendation on appeal from a decision and judgment entered by the United States Bankruptcy Court for the Northern District of Iowa. Court concluded two questions of statutory construction should be certified to the Iowa Supreme Court for resolution.05/05/2015
-Younie v. City of Hartley, Iowa -- Memorandum Opinion and Order on defendant's motion to dismiss. Court found there is federal question subject matter jurisdiction over Count I. Court found plaintiff sufficiently plead a claim for retaliation under the Fair Labor Standards Act. Court also found that there is supplemental jurisdiction over Counts II, III and IV. Defendant's motion to dismiss for lack of subject matter jurisdiction is denied. 04/09/2015
-JTV Manufacturing, Inc. v. Braketown USA, Inc., et al -- Memorandum Opinion and Order denying third-party defendant's motion to dismiss for lack of personal jurisdiction. Court found Braketown and Ermak have made a prima facie showing of specific jurisdiction. Antil S.p.A. has sufficient minimal contacts with Iowa that requiring Antil S.p.A. to litigate in Iowa will not offend traditional notions of fair play and substantial justice. Court denied third-party defendant's motion to dismiss. 04/08/2015
-Severe v. O'Reilly Automotive Stores, Inc. -- Memorandum Opinion and Order granting in part and denying in part defendant's motion for summary judgment. Court found plaintiff pointed to sufficient evidence to raise genuine issue of material fact on the issue of pretext regarding both plaintiff's age discrimination and FMLA discrimination claims. Court denied defendant's motion for summary judgment on Counts I and II. Court found Severe conceded that the evidence revealed in discovery does not support a FMLA interference of rights claim. Court granted defendant's motion for summary judgment on Count III.03/23/2015
-Parks v. Ariens Company -- Order on defendant's motion for protective order. Court found defendant failed to meet the heavy burden of showing the deposition of Daniel Ariens would cause undue burden. Court found plaintiff provided a sufficient explanation as to why the deposition might result in the discovery of relevant information. Court denied motion for protective order in part and granted in part. 02/25/2015
-Fiore v. Drew, et al -- Report and Recommendation on defendants' motion for summary judgment. Court concluded Fiore failed to properly exhaust all available administrative remedies by not submitting grievances based on the allegations in his complaint and by not following the correct grievance procedures. Court also concluded Fiore could not create any genuine issues of material fact regardng his allegations of deliberate indifference towards his medical needs, verbal sexual harassment and failure to respond to grievances. Court recommended defendants' motion for summary judgment be granted and Fiore's complaint be dismissed with prejudice.02/05/2015
-Shawn Kampfe v. PetSmart, Inc. and Matthew Boos -- Order on plaintiff Shawn Kampfe's motion to quash subpoena and for protective order. Court found Kampfe's employee personnel records, including performance evaluations and disciplinary records from a prior employer were relevant to issues in the case and defendants were entitled to discovery of the employment files. Court further found Kampfe did not meet her burden for a protective order and found the interests of litigants in discovering relevant information outweighed the general privacy interest an employee has in the contents of his or her employment file. Court ordered defendants may serve a subpoena duces tecum for Kampfe's employment files. 01/29/2015