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16-1480 - DOE NO. 62 v. INDIANA UNIVERSITY BLOOMINGTON et al


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16-1480 - DOE NO. 62 v. INDIANA UNIVERSITY BLOOMINGTON et al
December 12, 2016
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ORDER ON MOTION TO DISMISS - The Court DENIES the 32 Motion to Dismiss filed by DTD National and DTD Shelter. (See Order.) Signed by Judge Jane Magnus-Stinson on 12/12/2016. (GSO)
April 18, 2018
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ORDER - This case arises out of an alleged sexual assault that occurred in a college fraternity house during a fraternity-sponsored event. In 2015, plaintiff Jane Doe alleged that John Enochs, a member of the Beta Alpha chapter of the Delta Tau Delta fraternity ("DTD") sexually assaulted her. Mr. Enochs was charged with sexual assault, and he ultimately pled guilty to a charge of battery. Ms. Doe raises four claims of negligence against this local DTD chapter, alleging that DTD had a duty to protect her from sexual assault while a guest at the fraternity. Presently pending before the Court is DTD's Motion for Summary Judgment on Ms. Doe's claims. [Filing No. 121.] For the reasons described below, the Court GRANTS IN PART and DENIES IN PART DTD's Motion. The Court also CERTIFIES several questions to the Indiana Supreme Court. For the reasons described above, the Court GRANTS IN PART and DENIES IN PART DTD's Motion for Summary Judgment. 121 The Court GRANTS DTD's Motion as to Ms. Doe's claim for negligent supervision and retention. The Court CERTIFIES the questions listed in this Order to the Indiana Supreme Court by separate entry pursuant to Indiana Appellate Rule 64. Accordingly, DTD's Motion for Summary Judgment as to the claims for premises liability (negligence), general negligence, and willful, wanton, and reckless misconduct is DENIED, but WITHOUT PREJUDICE to further argument following review by the Indiana Supreme Court. (SEE ORDER). Copy to Indiana Supreme Court. Signed by Judge Jane Magnus-Stinson on 4/18/2018. (APD)
April 18, 2018
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ORDER OF CERTIFICATION - During its consideration of Defendant Delta Tau Delta Beta Alpha Chapter's Motion for Summary Judgment, [Filing No. 121], the Court determined that several issues of unsettled state law control the disposition of Ms. Doe's remaining negligence claims. Accordingly, and for the reasons stated in that order, the Court hereby certifies the questions contained herein to the Indiana Supreme Court pursuant to Indiana Rule of Appellate Procedure 64. The Clerk is directed to forward this Order of Certification to the Clerk of the Indiana Supreme Court, along with a copy of each of the following: 1. Delta Tau Delta's Motion for Summary Judgment and the non-sealed exhibits filed therewith, [Filing No. 121]; 2. Delta Tau Delta's brief in support of its Motion for Summary Judgment, [Filing No. 122]; 3. Delta Tau Delta's redacted exhibits, [Filing No. 125-1]; 4. Ms. Doe's response in opposition to the Motion for Summary Judgment and the exhibits filed therewith, [Filing No. 137]; 5. Delta Tau Delta's reply in support of its Motion for Summary Judgment, [Filing No. 143]; 6. Ms. Doe's surreply in opposition to the Motion for Summary Judgment, [Filing No. 144]. Should the Indiana Supreme Court desire access to the sealed exhibits, it may request them. (See Order). Copy of Order and applicable documents to Indiana Supreme Court. Signed by Judge Jane Magnus-Stinson on 4/18/2018.(APD)