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Liebing v. Sand

United States District Court, N.D. Iowa, Cedar Rapids Division

August 6, 2018

ROGER LIEBING et al., Plaintiffs,
v.
ROBERT SAND et al., Defendants.

          ORDER

          LINDA R. READE, UNITED STATES DISTRICT COURT JUDGE

         TABLE OF CONTENTS

         I. INTRODUCTION .......................................1

         II. RELEVANT PROCEDURAL HISTORY .........................2

         III. STANDARD OF REVIEW ..................................3

         IV. DEFENDANTS' OBJECTIONS TO REPORT AND RECOMMENDATION .4

         V. PLAINTIFFS' OBJECTIONS TO REPORT AND RECOMMENDATION . .4

         A. Absolute Immunity ................................... 5

         1. Defendants Sand, Cmelik, Burstein and Miller ............ 5

         2. Defendants Simmons and Ferjak ..................... 6

         3. Defendants Judge Baumgartner and Judge Bruns .......... 7

         B. Exhaustion of Administrative Remedies ..................... 9

         C. Heck v. Humphrey and Issue Preclusion .................... 10

         D. Sanctions ........................................ 11

         1. Defendants' Motion for Sanctions ................... 11

         2. Sua Sponte Sanctions ............................ 11

         VI. CONCLUSION ......................................... 14

         I. INTRODUCTION

         The matters before the court are Defendants Robert Sand, Kevin Cmelik, Tom J. Miller, Michael Ferjak, Kerry Bolt, Darrell Simmons, Daniel Burstein, Judge Nancy Baumgartner, Judge Christopher Bruns, Robert Johnson, Don Harris, Terry Hawkins, Todd Carver, Dawn Fulton, Rob Seil, Paula Addison and Neddie Renshaw's (collectively, “Defendants”) Objections (“Defendants' Objections”) (docket no. 52) and Plaintiffs Roger Liebing, Gary McCool, Alan Lucas, Covenant Investment Fund, LP, Prosapia Capital Management, LLC, Phalanx Technology Holdings, LLC and Asherlee Management Services, LLC's (collectively, “Plaintiffs”) Objections (“Plaintiffs' Objections”) (docket no. 53) to United States Chief Magistrate Judge C.J. Williams's Report and Recommendation (docket no. 49), which recommends that the court grant Defendants' Motion to Dismiss (docket no. 36), deny Defendants' Motion for Sanctions (docket no. 38) and consider sua sponte imposing sanctions against Plaintiffs and their attorneys. See Report and Recommendation at 45-46.

         II. RELEVANT PROCEDURAL HISTORY

         On November 15, 2017, Plaintiffs filed the “Verified Complaint for Temporary Restraining Order, Permanent Injunction, Writ of Habeas Corpus and Declaratory Relief” (“Complaint”) (docket no. 1) in the Southern District of Iowa. The Complaint contains twenty-six claims for declaratory and injunctive relief. See Complaint at 31-36. On November 21, 2017, this matter was transferred to the Northern District of Iowa. See Order Transferring Case (docket no. 2). On November 29, 2017, the court dismissed Lucas's claim brought pursuant to 28 U.S.C. § 2254 and directed the clerk's office to reclassify this matter as a case brought pursuant to 42 U.S.C. § 1983. See November 29, 2017 Order (docket no. 8) at 4.

         On December 13, 2017, Defendants filed the Motion to Dismiss and the Motion for Sanctions. On January 5, 2018, Plaintiffs filed a Resistance to the Motion to Dismiss (docket no. 42) and a Resistance to the Motion for Sanctions (docket no. 43). On January 9, 2018, Defendants filed a Reply to the Resistance to the Motion to Dismiss (docket no. 44) and a Reply to the Resistance to the Motion for Sanctions (docket no. 45).

         On February 2, 2018, the court referred the matters to Judge Williams. See February 2, 2018 Order (docket no. 48). On March 26, 2018, Judge Williams issued the Report and Recommendation, which recommends that the court grant the Motion to Dismiss, deny the Motion for Sanctions and consider sua sponte imposing sanctions against Plaintiffs and their attorneys. On April 27, 2018, Defendants filed Defendants' Objections. On April 30, 2018, Plaintiffs filed Plaintiffs' Objections. Neither party requests oral argument, and the court finds that it is unnecessary. The matter is fully submitted and ready for decision.

         III. ...


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