TAFLINGER v. HINDSON et al
ENTRY ISSUING JUDGMENT - JUDGMENT is entered in favor of Westfield-Washington School Corporation. Plaintiff shall take nothing by way of her complaint to the extent it applies to Westfield-Washington School Corporation. At this time, a final judgment in this case will not issue as the claims against U.S. Swimming remain unresolved. Signed by Judge Tanya Walton Pratt on 11/14/2011.(JD)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
BRIAN HINDSON, CENTRAL INDIANA
AQUATICS, UNITED STATES SWIMMING, )
INC., and WESTFIELD-WASHINGTON
BROOKE N. TAFLINGER,
Case No. 1:09-cv-00771-TWP-DML
ENTRY ISSUING JUDGMENT IN FAVOR OF WESTFIELD-WASHINGTON SCHOOL
CORPORATION ON REMAINING PENDING STATE LAW CLAIMS
Given the parties’ familiarity with this case, the Court will provide only a brief summary
of the procedural history leading up to the present entry. On January 26, 2011, the Court entered
summary judgment in favor of Defendant Westfield-Washington School Corporation (the
“School”) on all federal claims and Plaintiff’s state law claim for negligent infliction of
emotional distress. The Court then opted not to exercise supplemental jurisdiction over
Plaintiff’s remaining state law claims, remanding them back to Hamilton Superior Court No. 2.
In response, the School and Co-Defendant United States Swimming, Inc. (“U.S. Swimming”)
appealed, arguing that the Court abused its discretion by not maintaining supplemental
jurisdiction over the remaining state law claims. The Seventh Circuit agreed, remanding the
state law claims back to this Court.
Importantly, in its order, the Seventh Circuit telegraphed how this Court should rule on
the pending state law claims, remarking that the outcome of the summary judgment motions “is
clear.” Now, Plaintiff appears to concede that her claims against the School must fail.
Therefore, the Court believes that, at this time, judgment must be entered in favor of the School.
Moreover, given the Seventh Circuit’s order, it appears that if Plaintiff’s claims against the
School fail, then the claims against U.S. Swimming must meet the same fate. After all, the
Seventh Circuit described the claims against U.S. Swimming as “even more tenuous.”
Undeterred, Plaintiff has now asked the Court to re-open discovery with respect to U.S.
Swimming. Given this outstanding issue, the Court believes it would be premature to enter
judgment in favor of U.S. Swimming. Notably, however, nothing in this entry should be taken
as insight into the Court’s views on the merits of Plaintiff’s request to re-open discovery. The
Court will address this discovery issue – and whether judgment should be entered immediately in
U.S. Swimming’s favor – in due course, as soon as its docket allows.
JUDGMENT is entered in favor of Westfield-Washington School Corporation. Plaintiff
shall take nothing by way of her complaint to the extent it applies to Westfield-Washington
School Corporation. At this time, a final judgment in this case will not issue as the claims
against U.S. Swimming remain unresolved.
Hon. Tanya Walton Pratt, Judge
United States District Court
Southern District of Indiana
Laura A. Briggs, Clerk
Deputy Clerk, U. S. District Court
B. Robert Allard
CORSIGLA MCMAHON AND ALLARD
James M. Curran
LAW OFFICE OF JAMES M. CURRAN
Kristopher N. Kazmierczak
KATZ & KORIN P.C.
Jonathan Charles Little
LAW OFFICES OF JONATHAN LITTLE
Bernard Lowell Pylitt
KATZ & KORIN P.C.
Thomas E. Wheeler , II
FROST BROWN TODD LLC
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