INDIANAPOLIS - A federal judge has set a December hearing on a motion to dismiss a lawsuit filed by a missing Indiana University student's parents against three men who were with her the night of her disappearance.
Lawyers for the parents of Lauren Spierer and the three men are to appear before Judge Tanya Walton Pratt on Dec. 2 at the federal courthouse in Indianapolis.
The lawsuit claims the fellow IU students gave Spierer alcohol, then failed to make sure the 20-year-old Greenburgh, N.Y., native made it back to her Bloomington apartment safely after a night of partying in June 2011.
Lawyers for Corey Rossman, Michael Beth and Jason Rosenbaum maintain the Spierers have no evidence their daughter is dead and that they weren't responsible for the safety of an adult.
At the time of the disappearance, Beth was the roommate of Rossman, a friend of Spierer’s who was drinking with her that night. Rossman admits to buying Spierer "several" drinks between 1:30 a.m. and 2:30 a.m.
Beth’s attorneys also argue he had no duty to protect Spierer, even though he observed her to be extremely intoxicated that night.
Rossman's legal team said their client was not legally required to escort Spierer home or keep her from leaving the apartment.
Rosenbaum's attorney said that to require legal duty on Rosenbaum once Spierer left his home to ensure the return to her apartment was contrary to Indiana law.
Beth claims he tried to get Spierer to sleep on the couch at his apartment that night after she returned from the bar, believing she was extremely drunk.
When she refused, he escorted her to the apartment of Rosenbaum.
Rosenbaum has told authorities that Spierer later left his apartment by herself in the early morning hours. She has not been seen since.
Spierer’s parents filed the wrongful death suit against the Beth, Rossman and Rosenbaum on May 30 in Monroe County, just before the two-year statute of limitations would have expired.
The suit was transferred to federal court in June.