![]() ![]() 1994) (citations and quotations omitted). In other words, the record must reveal that no reasonable jury could find for the non-moving party. ummary judgment is appropriate in fact, is mandated where there are no disputed issues of material fact and the movant must prevail as a matter of law. Rule 56 further requires the entry of summary judgment, after adequate time for discovery, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party s case, and on which that party will bear the burden of proof at trial. SUMMARY JUDGMENT STANDARD The Federal Rules of Civil Procedure mandate that motions for summary judgment be granted if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. Therefore, this Court has jurisdiction to decide this case pursuant to 28 U.S.C. The parties filed forms of consent to have this case assigned to a United States Magistrate Judge to conduct all further proceedings and to order the entry of a final judgment in this case. ![]() Defendant has not filed a reply in support of the Motion to Strike, and the time to do so has passed. Plaintiff filed a response to the Motion to Strike on May 13, 2013. On May 3, 2013, Defendant filed a reply in support of the Motion for Summary Judgment as well as the instant Motion to Strike Portions of Plaintiff s Statement of Genuine Disputes. Plaintiff filed a response brief on April 10, 2013. On January 31, 2013, Defendant filed the instant Motion for Summary Judgment and memorandum in support. Defendant removed the case to this Court on February 16, 2011, and filed an Answer to the Complaint on February 23, 2011. Plaintiff also alleges state law claims of negligence, negligent infliction of emotional distress, and negligent hiring, supervision, and retention (Counts I, II, III). § 1983 (Count V), alleging that Defendant failed to prevent, stop, or remedy known, ongoing, severe, pervasive, and objectively offensive sexual harassment amounting to gender discrimination against Plaintiff. § 1681 (Count IV), and the Fourteenth Amendment Equal Protection Clause, 42 U.S.C. Plaintiff brings federal claims under Title IX of the Education Amendment of 1927, 20 U.S.C. PROCEDURAL BACKGROUND On January 20, 2011, Plaintiff Desiree Craig filed a Complaint against Defendant Portage Township Schools in the Porter County, Indiana Superior Court. For the reasons set forth in this Opinion and Order, the Court grants in part and denies in part the Motion to Strike, denies the Motion for Summary Judgment as to the Title IX and § 1983 claims, and remands the state law claims. 2:11-CV-61-PRC OPINION AND ORDER This matter is before the Court on Defendant s Motion for Summary Judgment, filed by Defendant Portage Township Schools on January 31, 2013, and on Defendant s Motion to Strike Portions of Plaintiff s Statement of Genuine Disputes, filed by Defendant on May 3, 2013. Critchlow thinks commissioners could draw interest from more private entities if they would formally request proposals.UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA HAMMOND DIVISION DESIREE CRAIG, Plaintiff, v. Sylvana Atallah, who has stepped forward and offered to operate it or buy it, or some other entity. Joe County can continue its commitment to protecting the endangered adults in this community, but at the same time acknowledge there might be other resources out there that can provide that sort of service at a better and more operationally efficient level,” Critchlow says.Ĭritchlow says such a private entity could be Granger physician Dr. Critchlow says he hopes commissioners will seriously consider maintaining county ownership and partnering with a private entity. Portage Township Trustee Jason Critchlow co-chaired the task force with county council member Mark Catanzarite. create a separate nonprofit under the Friends of Portage Manor board to operate it.hire consultants to move Portage Manor services to another facility in the county, or.continue operating Portage Manor but to invest more money to modernize it,.The task force will present that and three other options to commissioners at their 6 p.m. Joseph County commissioners not to close Portage Manor, the county-owned home for the poor and disabled, and to partner with a private entity who would run it. ![]()
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