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Last updated on Friday, July 26, 2013
(BLOOMINGTON) - All three of the men facing a civil lawsuit from the family of Lauren Spierer want a federal judge to dismiss the case, arguing the Spierers can’t prove that the missing IU student has been injured or is dead.
The attorneys for Jason Rosenbaum, Michael Beth and his roommate Corey Rossman filed the motions Thursday in U.S. Federal Court in Indianapolis.
Beth's attorney argues in the filing that the suit should be thrown out because there is no proof of Lauren's death saying the family can not prove Lauren was injured or killed.
Garrison further argues that Spierer's two-year absence is not enough to presume she is dead. Indiana law requires a person to be "inexplicably absent for a continuous period of seven years" to be presumed dead.
Rossman's attorney and Rosenbaum's attorney included the same defense in their responses.
Lauren Spierer was last seen after a night of drinking in June 2011.
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. And Rossman's attorneys claim he was not legally required to escort Lauren home or to keep her from leaving her apartment.
But the Spierers will likely agrue that because of Lauren's level of intoxication Rossman should had taken her home or to a hospital instead of taking her to his residence.
But Rosenbaum's attorney says his client, by law, was not responsible for Lauren.
Beth attorney says Beth attempted to get Lauren to sleep on his couch by she refused so he took her to Rosenbaum's apartment.
Rosenbaum told police Lauren left sometime during the early morning hours and he has not seen her 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.
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