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
-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
-GLCC v. AT&T Corp. -- Report and Recommendation on GLCC's motion to dismiss and motion for summary judgment. Court recommended the motion to dismiss be denied based on GLCC's standing argument and with regard to Count I of AT&T's counterclaim. Court recommended the motion be granted as to Counts II and III of AT&T's counterclaim pursuant to the primary jurisdiction doctrine. As for GLCC's motion for summary judgment on the issue of AT&T's liability, the court recommended the motion be denied as GLCC had not demonstrated it was entitled to judgment as a matter of law.06/24/2014
-DIRECTV v. Klingenberg, et al. -- Report and Recommendation on plaintiff's motion for entry of judgment by default against defendant Last Call Saloon, LLC. Court found it had subject matter and personal jurisdiction and plaintiff had demonstrated that Last Call Saloon was liable under 47 U.S.C. 605(a). Court recommended the motion be granted and judgment be entered against Last Call for basic statutory damages, enhanced damages and costs and attorney fees.06/20/2014
-Life Insurance Company of North America v. Baas, et al. -- Order granting in part and denying in part plaintiff's application to recover costs and attorney fees in interpleader action. Court concluded plaintiff was only entitled to recover $1000 for attorney fees and expenses related to locating and serving defendant in Mexico. Plaintiff was also entitled to recover full amount of attorney fees related to legal research and drafting pleadings, motions and briefs. Court found plaintiff was not entitled to recover local counsel expenses or filing and mailing fees as plaintiff had not provided the appropriate documentation.06/17/2014
-Celia v. North Central Correctional Faciltiy, et al. -- Report and Recommendation on defendants' motion for summary judgment on plaintiff's Section 1983 claim of deliberate indifference to a serious medical need. Court found plaintiff failed to demonstrate a genuine issue of material fact as to whether defendants actually knew of and disregarded a substantial risk of serious harm to plaintiff in the treatment and timing of treatment for his ankle injury. In addition, the undisputed evidence showed plaintiff had not exhausted his administrative remedies as required by 42 U.S.C. 1997e(a) and defendants were entitled to qualified immunity. Court recommended defendants' motion for summary judgment be granted.06/13/2014
-Scott v. City of Sioux City, et al. -- Order denying defendant's motion to amend answer to add affirmative defense of "after-acquired evidence." Court found proposed defense was purely anticipatory because the City had not yet decided to discharge Scott, and in any event, the defense would not apply because the evidence of misconduct was discovered prior to any termination. Court concluded the proposed defense was "legally insufficient" pursuant to Rule 12(f) and futile for purposes of Rule 15(a).06/04/2014
-Langdeaux v. Lund -- Order on motion to expand the record and Report and Recommendation on petition for writ of habeas corpus under 28 U.S.C. 2254. Court denied motion to expand the record under 28 U.S.C. 2254(e)(2). As to the petition, court found Iowa Court of Appeals decision did not result in any unreasonable application of federal law when it concluded the petitioner was not prejudiced by his counsels' failure to advise him about the felony-murder rule in the context of whether to accept the state's plea offer. Court also found Iowa Court of Appeals reasonably applied Strickland in concluding counsels' decision not to call the sheriff as a witness or conduct further investigation based on his statement did not amount to deficient performance. Court recommended the petition be denied. 05/20/2014
-Rasmussen v. Hacker, et al -- Report and Recommendation on defendants' motion for summary judgment on plaintiff's Section 1983 claim of deliberate indifference to a serious medical need. Court found plaintiff failed to demonstrate genuine issue of material fact as to whether defendants actually knew of a substantial risk of serious harm to plaintiff's health and disregarded it. Defendant McKinney also could not be held liable under the doctrine of respondeat superior and both defendants were entitled to qualified immunity. Court recommended that defendants' motion for summary judgment be granted. 05/07/2014
-Urban v. Sells, et al. -- Report and Recommendation for entry of order dismissing action with prejudice and imposing monetary sanctions on plaintiff. Court found dismissal was appropriate because allegations were totally implausible, attenuated, unsubstantial, frivolous, devoid of merit or no longer open to discussion. Judgment had been entered against plaintiff four times on claims arising out of some or all of the same events alleged in current complaint and new claims were barred by doctrines of res judicata, prosecutorial immunity, Rooker-Feldman, the Eleventh Amendment, statute of limitations and Rule 12(b)(6). After giving plaintff the opportunity to show cause, the court also recommended imposing monetary sanctions under Rule 11. Plaintiff filed sixth federal lawsuit despite the court having explained the law, advised him of his right to appeal, cautioned him that filing frivolous repetitive lawsuits would result in sanctions and told him what the likely amount of those sanctions would be.04/25/2014
-Pick v. City of Remsen, et all. -- Order granting defendants' motion for order directing destruction of an inadvertently-produced privileged document. Court found that no waiver occurred as a result of the inadvertent disclosure because defendants' attorney took reasonable precautions to prevent disclosure and acted quickly to seek relief upon discovering the error. Plaintiff also would not be unfairly prejudiced by the requested relief. Plaintiff was directed to destroy all copies of the privileged communication.04/25/2014
-FDIC v. Dosland, et al -- Order granting defendants' motion to compel discovery. Court found that FDIC-R had not met its burden of demonstrating internal OTS documents at issue were so plainly irrelevant that they were not discoverable. Court also found that under 12.U.S.C. Section 1821(o), FDIC-R had the legal right to obtain the documents meaning they were within it's "possession, custody, or control" under Federal Rule of Civil Procedure 34(a).04/04/2014
-Streeter v. Premier Services, Inc. -- Memorandum Opinion and Order granting defendant's motion for summary judgment. Court found plaintiff could not point to evidence that defendant knew of plaintiff's alleged disability for his disability discrimination claim. With regard to his race discrimination claim, the undisputed evidence showed plaintiff failed to meet his employer's legitimate expectations and employees who committed similar violations as plaintiff were treated the same, regardless of race. Plaintiff was also not entitled to relief under FMLA because he was not employed by the defendant for at least 12 months.04/01/2014
- Cornell v. Jim Hawk Truck Trailer, Inc., et al -- Order denying plaintiff's motion for leave to file second amended complaint. Court found that plaintiff had not met the "good cause" requirement under Rule 16(b) to add a party several months after the deadline. Plaintiff had sufficient information about the proposed party to be put on inquiry notice several months before the deadline. Plaintiff did not follow up on this information before the deadline and did not act promptly when she received an unambiguous answer concerning the proposed party's role in the corporate organization. Court found plaintiff had failed to show that despite diligence, her proposed amendment could not reasonably have been offered sooner.03/26/2014
-Metropolitan Property and Casualty Insurance Company v. Agency One Insurance, Inc., et al -- Memorandum Opinion and Order denying plaintiff's motion for partial summary judgment against defendant Agency One. Court found there were genuine issues of material fact on plaintiff's claim of negligence, negligent supervision, breach of fiduciary duty and breach of contract. 03/25/2014
-Meighan v. TransGuard Insurance Company of America, Inc. -- Order on plaintiff's motion to compel responses to discovery. Court found that defendant must produce some documents where work product privilege did not apply because the documents were not prepared in anticipation of litigation. Court found work product privilege and attorney client privilege applied to all other documents.03/24/2014
-Wells, et al. v. Lamplight Farms, Inc., et al. - Order on defendant Lamplight's motion to quash or modify a subpoena and motion for protective order. Court granted motion to quash or modify subpoena and directed recipient to comply to the extent that the requested information related to the product at issue. Court also granted motion for protective order and directed defendants to submit a proposed protective order consistent with the terms described by the court.03/12/2014
-Progressive Casualty Insurance Company v. FDIC, et al -- Order on defendant's motion to compel production of documents from privilege logs and motion to compel discovery. Court directed plaintiff to serve a supplemental privilege log providing more information concerning 14 disputed documents. Court also found defendant was entitled to production of documents concerning other similar claims, reinsurance information and document retention policies. Court denied defendant's request for production of reserve information and regulatory filings in states other than Iowa. 03/10/2014
-Daniels v. The City of Sioux City, et al -- Order on defendants' motion to strike plaintiffs' expert witness disclosures and plaintiffs' motion to extend the deadline for their expert witness disclosures. Court found that plaintiffs barely demonstrated good cause to extend their expert witness disclosure deadline and because the scheduling order could be amended without causing unfair prejudice, the court granted plaintiffs' motion to extend the deadline and denied defendants' motion to strike plaintiffs' disclosure of expert witnesses without prejudice.03/04/2014
-Pick v. City of Remsen, et al. -- Order granting in part and denying in part plaintiff's motion to file fourth amended complaint. Court allowed plaintiff to add new allegation of defamation against a particular defendant, but denied amendments to add new factual allegations in support of plaintiff's wrongful termination claim and a new claim of intentional interference with employment contract as plaintiff did not demonstrate good cause for these untimely amendments.02/25/2014
-John and Dave LLC v. Society Insurance -- Order on defendant's motion for summary judgment and plaintiff's motion to strike defendant's reply in support of its motion for summary judgment. Court granted summary judgment to defendant on plaintif's claim of unjust enrichment, reasonable expectations, bad faith and punitive damages, but denied summary judgment on plaintif's breach of contract claim as there was a genuine issue of material fact as to whether the plaintiff was entitled to additional payments under the Policy. Court denied plaintiff's motion to strike defendant's reply, but disregarded the improper new arguments made therein.02/21/2014
-Cornell v. Jim Hawk Truck Trailer, Inc. et al. -- Order on plaintiff's motion to quash subpoenas duces tecum and for protective order. Court found that defendants were entitled to discover disciplinary reports from subsequent employers but not former employers. Court also found defendants were entitled to obtain performance evaluations from plaintiff's employers dating back to January 1, 2007. As for plaintiff's current employer, court found plaintiff could either obtain her entire personnel file herself and produce it in its entirety to defendants or defendants could enforce the subpoena.02/20/2014
-Scott v. City of Sioux City, et al. -- Order on plaintiff's motion to take more than ten depositions. Court found that plaintiff made a "particularized showing" why additional depositions were necessary and that none of the factors listed in Federal Rule of Civil Procedure 26(b)(2)(C) were present to justify limiting discovery. Court granted leave, pursuant to Rule 30(a)(2), for plaintiff to conduct the additional proposed depositions.02/11/2014
-Hanzl v. Collier -- Report and Recommendation on plaintiff's motion for entry of a preliminary deficiency judgment against defendants. Court found plaintiff was entitled to deduct attorney's fees from the sale price of the West Street property, but that the total amount of attorney's fees should be reduced based on the scope of services and hourly rate. Court recommended a preliminary deficiency judgment be entered pursuant to the order enforcing the parties' settlement agreement, but that entry of final judgment be deferred until it was determined whether the amount should be adjusted to reflect any income tax liability from the sale of the property.01/31/2014
-Sanders v. McKinney, et al. -- Report and Recommendation on defendants' motion for summary judgment on plaintiff's Section 1983 claim for deliberate indifference to a serious medical need. Court found that plaintiff had failed to demonstrate genuine issue of material fact as to whether defendants actually knew of a substantial risk of serious harm to Sander's health and disrgarded it. Alternatively, defendants were entitled to a qualified immunity and there was insufficient factual evidence to support Sander's claim against certain defendants. Court recommended that defendants' motion for summary judgment be granted.12/17/2013
-Cornell v. Jim Hawk Truck Trailer, Inc., et al -- Order denying plaintiff's motion regarding sequencing of discovery. Court found that plaintiff had failed to demonstrate good cause for withholding audio recordings from defendants until certain witnesses had been deposed. Plaintiff was ordered to produce the requested audio recordings without further delay. 12/16/2013
-Community Voice Line LLC v. Great Lakes Communication Corp. -- Order granting plaintiff's motion for leave to file second amended complaint. Count found that plaintiff's motion was timely and defendant had not demonstrated undue delay, undue prejudice, harassment, bad faith or futility of claims that would justify denial of the motion under Federal Rule of Civil Procedure 15(a). Court also rejected defendant's argument that the motion should be denied because some of the proposed claims were being pursued in Maryland state court. 12/04/2013