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Barry Eppley, MD, v Iacovelli - Entry Concerning Selected Matters 07-16-2009

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Barry Eppley, MD, v Iacovelli - Entry Concerning Selected Matters 07-16-2009
Case 1:09-cv-00386-SEB-JMS



Document 98



Filed 07/15/2009



Page 1 of 2



UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA



DR. BARRY EPPLEY, MD, DMD, Plaintiff, vs. LUCILLE IACOVELLI, Defendant.



) ) ) ) ) ) ) )



No. 1:09-cv-386-SEB-JMS



Entry Concerning Selected Matters The court, having considered the above action and the matters which are pending, makes the following rulings: 1. The defendant’s motion for sanctions pursuant to Rule 11 of the Federal Rules of Civil Procedure is denied for the reasons stated in open court during the hearing of July 1, 2009. In short, the defendant failed to carry her burden with respect to such motion and failed to show that through the plaintiff’s complaint or any subsequent document filed with the court the plaintiff or his counsel violated Rule 11. 2. The defendant shall have through the close of business on Wednesday, July 22, 2009, in which to respond to the plaintiff’s motion to compel. In conjunction with this deadline, the defendant is notified that no response will be deemed adequate unless accompanied by a statement that the defendant has fully responded to all discovery served on her prior to July 1, 2009. IT IS SO ORDERED.



Date:



07/15/2009



_______________________________ SARAH EVANS BARKER, JUDGE United States District Court Southern District of Indiana



Case 1:09-cv-00386-SEB-JMS



Document 98



Filed 07/15/2009



Page 2 of 2



Distribution: Gary P. Price LEWIS & KAPPES gprice@lewis-kappes.com Todd Arthur Richardson LEWIS & KAPPES trichardson@lewis-kappes.com Joseph Peter Rompala LEWIS & KAPPES jrompala@lewis-kappes.com Lucille Iacovelli 3 Deer Hollow Road Forestdale, MA 02644





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