Decisions by Judge Leonard T Strand
This section of the Web Site contains opinions selected by individual Judges for posting and is not intended to constitute a complete set of opinions for the district or any Judge. The decisions are organized by categories listed on the lower left portion of this page. If you would like to do a word search of the entire database or individual categories you may do so by clicking on the search button below.



JudgeCan be sorted ascendingCase TypeCase NameDate Filed
Hide details for Judge Leonard T. StrandJudge Leonard T. Strand
Hide details for CivilCivil
-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
-Richard Trevino v. Woodbury County Jail, et al. -- Report and Recommendation on motion for summary judgment by defendants Woodbury County Jail, Lieutenant Phillips and Carlos LNU. Court concluded Trevino failed to exhaust all available administrative remedies by not submitting grievances to the Jail regarding all his allegations, by not following the Jail's procedures for filing grievances and by not filing any complaints with the Department of Justice. Court also concluded no genuine issues of material fact exist with regard to the elements of Trevino's ADA claim. Court recommended the motion for summary judgment be granted with respect to all Trevino's claims.01/22/2015
-United States of America v. Thirty-Two Thousand Eight Hundred Twenty Dollars and Fifty-Six Cents ($32,820.56) in United States Currency -- Order on United States of America's motion to dismiss without prejudice. Court found that USA had a valid reason for seeking dismissal pursuant to Rule 41(a)(2) and that there was no indication that USA is engaged in forum shopping. Court further found that granting USA's motion would not waste judicial resources and would not cause prejudice to claimants. Court ordered the action be dismissed without prejudice.01/09/2015
-Richard Trevino v. Woodbury County Jail, et al. -- Report and Recommendation on United States Marshals Service's Motion to Dismiss. Court concluded Trevino's action alleging the United States Marshals Service violated his constitutional rights and Title II of the Americans with Disabilities Act was not frivolous under 28 U.S.C. Section 1915. Court further concluded Trevino's claims against the United States Marshals Service were barred by sovereign immunity. Court recommended the motion to dismiss be granted and all claims asserted against the United States Marshals Service in this action be dismissed with prejudice. 01/07/2015
-Wells, et al. v. Lamplight Farms, Inc., et al. -- Order on defendant's motion to quash a Rule 30(b)(6) deposition notice. Court found plaintiffs were not entitled to depose witnesses or seek additional information to support new expert opinions after the expert witness disclosure deadline passed. Court also found plaintiffs could not seek the additional information for other, non-expert reasons because plaintiffs failed to discuss those other, non-expert reasons in meet-and-confer discussions with opposing counsel. Court granted defendant's motion to quash the deposition notice.12/18/2014
-Halstead v. McKinney -- Report and Recommendation on respondent James McKinney's motion to dismiss petition for writ of habeas corpus pursuant to 28 U.S.C. section 2254. Court concluded petitioner did not exhaust the grounds in his petition in the Iowa state courts prior to filing his petition for writ of habeas corpus. Court further concluded petitioner's grounds are now procedurally defaulted. Therefore, petitioner lacks a cognizable legal theory in his petition for writ of habeas corpous. Court recommended respondent's motion to dismiss be granted. 11/12/2014
-Smith v. McKinney -- Report and Recommendation on petition for Writ of Habeas Corpus pursuant to 28 U.S.C. section 2254. Court found the Iowa Courts identified Strickland as the correct governing law and reasonably applied Strickland to petitioner's ineffective assistance of counsel claim for failure to advise petitioner if he pled guilty, he would be sentenced to a mandatory lifetime term of parole. Court concluded the Iowa Courts' finding that counsel's failure was deficient, however, petitioner, failed to show prejudice was reasonable. Court recommended the petition be denied. 11/12/2014
-Life Insurance Company of North America v. Erasmo Eufracio, Charlene Baas and Ronald Baas -- Report and Recommendation on defendants Charlene and Ronald Baas' motion for sanctions. Court recommended the motion be granted due to defendant Eufracio's inaction in the case and violations of procedural rules. Defendant Eufracio failed to appear at the final pretrial conference, did not serve any witness or exhibit lists, and failed to participate in the preparation of the proposed final pretrial order. 11/04/2014
-John Denton Myers v. Hog Slat, Inc. -- Order on defendant's motion for partial summary judgment. Court granted in part defendant Hog Slat, Inc.'s motion for summary judgment on Count III (violation of the Iowa Wage Payment Collection Act) and Count V (breach of contract). Court denied in part defendant's motion on Count I (associational discrmination in violation of the ADA) and Count II (interference with employee benefits in violation of ERISA). Court found genuine issues of material fact existed as to the issues of casual connection and pretext. Court entered judgment accordingly for each count. 10/24/2014
-Nunley v. Erdmann, et al. -- Report and Recommendation on defendants' motion to dismiss plaintiff's claims under Section 1983. Court recommended the motion be granted with regard to any and all claims asserted on behalf of plaintiff's minor child without prejudice. Court also recommended the motion be granted with regard to all claims asserted against the Iowa State Patrol, all plaintiff's state law tort claims and Counts IV, VI and VII with prejudice. Court recommended the motion be granted with regard to Counts I, II and V unless plaintiff is able, by amendment, to cure the pleading deficiencies. 10/08/2014
-Katrina West v. Abendroth & Russell Law Firm -- Order on defendant's motion for summary judgment. Court granted defendant Abendroth & Russell's motion for summary judgment with regard to all counts. Court found no genuine issue of material fact existed as to the alleged FDCPA violation. Court also found no genuine issue of material fact existed on plaintiff Katrina West's state law claims. Court entered judgment for defendant and against plaintiff. 09/16/2014
-Nathan A. Martin v. Champion Ford, Inc. -- Order on cross motions for summary judgment. Court granted defendant Champion Ford, Inc.'s motion for summary judgment and denied plaintiff Nathan A. Martin's motion for summary judgment. Court found no genuine issue of material fact existed as to hostile work environment or race discrimination by defendant Champion Ford, Inc. Court entered judgment in favor of defendant and against plaintiff.08/28/2014
-Progressive Casualty Insurance Company v. FDIC -- Order on defendant Federal Deposit Insurance Corp.'s motion to compel plaintiff to comply with court order and motion to compel Everest Reinsurance Company to comply with subpoena. Court granted in part motion to compel plaintiff's compliance and directed plaintiff to provide unredacted reinsurance documents. Court denied in part motion to compel plaintiff to produce certain electronically stored information. Court granted in part motion to compel Everest's compliance and directed Everest to produce documents responsive to the subpoena.08/22/2014
-Wells v. Lamplight Farms, Inc, et al. -- Order on defendant Lamplight's motion to compel answers to interrogatories and discovery of health records. Court granted in part motion to compel and directed plaintiff to supplement their answers to interrogatories. Court denied in part motion to compel discovery of health records.08/15/2014
-Foster v. Cerro Gordo County, et al. -- Order granting plaintiff's motion for leave to file amended complaint. Court found that existing defendants had not demonstrated that amendment naming previously unidentified defendants was futile based on a statute of limitations defense and alleged failure to relate back to the original complaint under Fed. R. Civ. P. 15(c)(1)(C).07/25/2014
-Hearing v. Minnesota Life v. Holloway -- Order granting defendant's motion to deposit interpleader funds and plaintiff's motion to dismiss/motion for summary judgment on third-party defendant's counterclaim. Court found Minnesota Life was entitled to deposit funds with the court, recover attorney fees and costs and be dismissed with prejudice as the facts demonstrated it had a real and reasonable fear of exposure to double liability. However, third-party defendant's counterclaim ultimately could not survive summary judgment because the insured had not done all he could to comply with the policy requirements for changing a beneficiary and there were no facts suggesting unconscionable conduct to justify imposing a constructive trust. As such, plaintiff was entitled to policy proceeds. 07/21/2014
-Wilkins v. Ludwick -- Order on pending motions and Report and Recommendation on petition for writ of habeas corpus under 28 U.S.C. 2254. Court denied motions to add a supplemental claim and expand the record because supplemental claim was barred by statute of limitations. As to the petition, court found Iowa Supreme Court did not identify Strickland as the correct governing law for petitioner's ineffective assistance of counsel claim for failure to object to use of the nickname "O.J." at trial. In conducting de novo review, court found petitioner failed to demonstrate prejudice under Strickland. Court found that Iowa Court of Appeals decision on other ineffective assistance of counsel claim for failure to investigate a witness and call him at trial did not result in an unreasonable application of federal law. Court recommended the petition be denied. 07/21/2014
-Goettsch et al v. Goettsch et al -- Order on plaintiffs' motion to strike defendants' jury demand pursuant to Rule 39(a)(2). Court found defendants were not entitled to a jury trial on Count One in which plaintiffs alleged oppressive conduct and sought judicial dissolution of the corporation or a mandatory buyout of their stock. Court found defendants were entitled to a jury trial on Count Two in which plaintiffs alleged breach of fiduciary duty and sought compensatory damages. Court rejected defendants' arguments that affirmative defense of breach of contract and "common issues" entitled them to a jury trial on all claims. 07/08/2014