Hoa Nguyen

htnguyen@lohud.com

INDIANAPOLIS – A federal judge has thrown out the lawsuit the Westchester County parents of Indiana University student Lauren Spierer filed against two men who were with her the night she vanished more than three years ago.

Judge Tanya Walton Pratt says in her ruling filed Tuesday that Robert and Charlene Spierer of Edgemont failed to show there is enough evidence against the men to proceed to trial.

"The Spierers can no longer rely upon the allegations in their complaint," Pratt said in granting summary judgment to the two defendants Jay Rosenbaum and Corey Rossman, Spierer's fellow students who were among the last to see her alive.

"As the Seventh Circuit has often stated, 'summary judgment" is the 'put up or shut up' moment in a lawsuit, when a party must show what evidence it has that would convince a trier of fact to accept its version of events," Pratt said in her opinion.

Spierer's family, who operate the @NewsOnLaurenS Twitter account, tweeted news of the suit dismissal followed by a one word response, "devastated." Mother Charlene Spierer also tweeted, "A bump in the road does not end a journey. Determined & committed to finding answers for Lauren."

Lauren Spierer, the 20-year-old Greenburgh native, disappeared June 3, 2011, after a night of partying with friends in Bloomington. The lawsuit claimed Rosenbaum and Rossman gave her alcohol and didn't make sure she returned safely to her apartment, leading to her presumed death.

"Unfortunately, there could be any number of theories as to what happened to Lauren and what, if any, injuries she may have sustained," Pratt said. "Without evidence to prove these theories, it would be impossible for a jury to determine if whatever happened to Lauren was a natural and probable consequence of her intoxication, without any other intervening acts that would break the causal chain."

A third man originally named in the lawsuit, Michael Beth, a roommate to Rossman, who returned to find Spierer extremely intoxicated had successfully argued that he be dismissed as a defendant.

Spierer family attorney Jason Barclay says ruling will be appealed as Spierer's parents try to find out what happened to her.

Associated Press contributed to this report.