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Last updated on Monday, November 4, 2013
(INDIANAPOLIS) - Attorneys have set a December 2 date for a federal judge to hear a motion to dismiss the lawsuits filed against those accused of being involved in the disappearance of Lauren Spierer.
Federal judge Tanya Walton Pratt will rule in the case.
Spierer's parents Robert and Charlene filed the lawsuit in May.
Lawyers for Corey Rossman, Michael Beth and Jason Rosenbaum maintain Lauren Spierer's parents have no evidence that their daughter has died or that the men were involved in her death.
The lawsuit claims the three men, IU students at the time, gave 20-year-old Spierer alcohol and then failed to make sure the intoxicated and incapacitated woman made it back to her apartment safely after a night of partying in downtown Bloomington. The Greenburgh, N.Y., native vanished early on June 3, 2011. All three men now live outside of Indiana
Spierer's parents have long maintained that the men haven't fully cooperated with investigators and hope the lawsuit will force them to answer questions under oath.
The suit claims the three men gave Spierer alcohol despite the fact she was already intoxicated and allowed her to walk home alone.
The suit alleged the men's negligence resulted in Spierer's disappearance, injury and death of the Indiana University student.
The men's attorney claim Spierer's parents have no proof because Spierer hasn't been found.
They cited Indiana's law that a missing person cannot be claimed as dead for seven years after his or her disappearance.
No criminal charges have been filed in Spierer's disappearance and there's been no sign of her despite numerous searches around Bloomington and the surrounding wooded countryside that's dotted with lakes and water-filled old limestone quarries about 40 miles south of Indianapolis.
The men's attorney also claim they had no legal responsibility to care for Spierer and her disappearance was not forseeable.
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