AMENDED MEMORANDUM DECISION AND ORDER EDWARD J. LODGE, District Judge. Before the Court is Defendants' Motion to Dismiss for Lack of Subject Matter Jurisdiction (Docket No. 18), or, in the alternative, Defendants' Motion to Dismiss for Failure to State a Claim (Docket No. 19). Also before the Court is Valley County's Motion to Intervene (Docket No. 13). The Court grants Defendants' Motion to Dismiss for Lack of Subject Matter Jurisdiction, denies as moot Defendants' Motion to Dismiss for...
REPORT AND RECOMMENDATION RONALD E. BUSH, United States Magistrate Judge. Currently pending before the Court are Plaintiff's Motion for Summary Judgment (Docket No. 24) and Defendants' Motion for Summary Judgment (Docket No. 27). 1 Having carefully reviewed the record, considered oral arguments, and otherwise being fully advised, the Court enters the following Report and Recommendation: I. SUMMARY OF RECOMMENDATION The undersigned finds that Defendants violated the National Forest...
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief Judge. INTRODUCTION The Court has before it motions to dismiss filed by the two defendants, Idaho's Governor and the United States, and a motion to amend filed by plaintiffs. The Court heard oral argument, and took the motions under advisement. The Court allowed further briefing on the motion to amend, which was completed on November 30, 2010. For the reasons stated below, the Court will grant the Governor's motion to dismiss but deny the...
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief Judge. INTRODUCTION The Court has before it Defendant's Motion to Suppress Evidence (Dkt. 29). The Court conducted a suppression hearing on October 6, 2010, and the parties submitted supplemental briefing on October 13, 2010. The Court now issues the following decision. BACKGROUND On October 5, 2009, Moscow Police executed a search warrant at Defendant Forrestt Barnes' residence. The search warrant was authorized by State Magistrate...
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief Judge. INTRODUCTION Before the Court is Defendant Battelle Energy Alliance, LLC's Motion for Summary Judgment (Docket No. 29.) Oral argument was held on August 25, 2010, and the motion is at issue. For the reasons expressed below, the Court will grant Battelle's Motion for Summary Judgment. BACKGROUND Plaintiff AMX International, Inc. operates a business and information technology consulting company. It contracts with private companies...
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief Judge. INTRODUCTION The Court has before it cross motions for summary judgment and the defendant's motion to strike portions of one of the plaintiff's affidavits. The Court heard oral argument on July 21, 2010, and took the motion under advisement. For the reasons explained below, the Court will grant the defendant's motion for summary judgment and deny the plaintiff's motion for summary judgment. Given the Court's decision to grant...
AMENDED MEMORANDUM ORDER EDWARD J. LODGE, District Judge. INTRODUCTION On July 2, 2010, 731 F.Supp.2d 1028 , 2010 WL 3172662, United States Magistrate Judge Ronald E. Bush issued his Report and Recommendation in this matter. (Dkt. 51.) Pursuant to 28 U.S.C. 636(b)(1), the parties had ten days in which to file written objections to the Report and Recommendation. Defendants Jane Cottrell, Ranotta McNair and the United States Forest Service ("Defendants") filed their objections on July 19,...
MEMORANDUM DECISION AND ORDER CANDY W. DALE, United States Chief Magistrate Judge. INTRODUCTION Plaintiff Dana Ross, a former Ada County Deputy Sheriff, brings this employment action asserting he and others similarly situated were discriminated against on the basis of age, and that he was further discriminated against on account of his disability. Ross claims he was discharged from employment in retaliation for complaining about the discriminatory treatment. Ada County brings several motions...
MEMORANDUM DECISION B. LYNN WINMILL, Chief Judge. INTRODUCTION The Court has before it cross-motions for summary judgment. Following oral argument, the Court took the motions under advisement. For the reasons expressed below, the Court will grant WWP's motion and deny the BLM's motion. SUMMARY WWP challenges the BLM's issuance of a grazing permit to Scott Whitworth on an allotment within the boundaries of the Burnt Creek Wilderness Study Area (WSA). In 2005, this Court held that the BLM...
ORDER ADOPTING REPORT AND RECOMMENDATION EDWARD J. LODGE, District Judge. On June 9, 2010, United States Magistrate Judge Larry M. Boyle issued his Report and Recommendation in this matter. (Dkt. 53.) Pursuant to 28 U.S.C. 636(b)(1), the parties had ten days in which to file written objections to the Report and Recommendation. Plaintiffs filed their objections on June 28, 2010. (Dkt. 54.) Defendant filed its response to the objections on July 8, 2010. The applicable federal rules, local...
MEMORANDUM DECISION AND ORDER RONALD E. BUSH, United States Magistrate Judge. Currently before the Court is Defendant's Motion for Partial Summary Judgment (Docket No. 22). Defendant seeks dismissal of all of Plaintiff's non-contract claims and judgment in its favor on two of its breach of contract counterclaims against Plaintiff. Both parties have consented to proceed for a United States Magistrate Judge. (Docket No. 12). The Court has carefully reviewed the record; considered the oral...
MEMORANDUM, DECISION, AND ORDER EDWARD J. LODGE, District Judge. Before the Court in the above entitled matter are the Defendants' motion to dismiss, the Plaintiffs' motion for preliminary injunction, and the Defendants' motion to waive. The motions are fully briefed and ripe for the Court's consideration. Having fully reviewed the record herein, the Court finds that the facts and legal arguments are adequately presented in the briefs and record. Accordingly, in the interest of avoiding...
AMENDED MEMORANDUM ORDER EDWARD J. LODGE, District Judge. Intermountain Fair Housing Council, Janene Cowles, and Richard Chinn (collectively "Plaintiffs") brought this action against Boise Rescue Mission (the "Rescue Mission") claiming the Rescue Mission discriminated in housing in violation of the Fair Housing Act on the basis of religion and sex. The Court previously granted the Rescue Mission's motion for summary judgment (Docket No. 18) in a Memorandum Order filed on September 10, 2009....
MEMORANDUM DECISION AND ORDER CANDY W. DALE, United States Magistrate Judge. I. Introduction Plaintiff Michael Osborn alleges that Defendants Kevin Bulter, Gary Deulen, and Steve Hopkins violated his procedural due process rights by falsifying a polygraph examination and failing to correct the mistake, and that others relied upon the false polygraph report to Plaintiff's detriment at his parole hearing in 2004 and a sentencing hearing in 2007. There are three motions pending before the...
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief Judge. INTRODUCTION The Court has before it a motion for summary judgment filed by Defendant Pocatello/Chubbuck School District's No. 25 (Docket No. 9). The Court heard oral argument on May 3, 2010. For the reasons expressed below, the Court will grant the motion with respect to the third and fourth claims for relief and deny the motion as to the remaining claims. BACKGROUND Plaintiff Ronald Reece began his employment with the School...
MEMORANDUM DECISION AND ORDER (AMENDED) RONALD E. BUSH, United States Magistrate Judge. The following Memorandum Decision and Order replaces the Court's Order dated April 19, 2010 (Docket No. 39). The amendments are not substantive and the Court's analysis and conclusions are unchanged. Currently before the Court are Defendant's Motion for Summary Judgment (Docket No. 28) and Plaintiff's Motion for Summary Judgment (Docket No. 29). Both parties have consented to proceed before a United...
MEMORANDUM DECISION and ORDER MIKEL H. WILLIAMS, United States Magistrate Judge. Currently pending before the Court is the Defendants' Motion to Dismiss the First Amended Complaint (Docket No. 29), filed February 1, 2010. 1 I. Background In this lawsuit, thirteen individuals 2 who have worked at the Idaho National Laboratory ("INL") for more than fifteen years seek benefits from the Idaho National Laboratory Employee Retirement Plan ("the Plan"). The individuals are currently working for...
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief Judge. INTRODUCTION The Court has before it Defendants' Motions to Dismiss based on insufficient service of process, lack of personal jurisdiction, expiration of the statute of limitations, Rule 12(b)(6), and immunity. The Court heard oral argument on the motion on March 16, 2010, and now issues the following decision. BACKGROUND Derek W. Cornelius and SI03, Inc. (collectively "SI03") filed suit in Missouri state court on October 20,...
ORDER ADOPTING REPORT AND RECOMMENDATION EDWARD J. LODGE, District Judge. On November 17, 2009, United States Magistrate Judge Ronald E. Bush issued a Report and Recommendation (Docket No. 39) in this matter. Pursuant to 28 U.S.C. 636(b)(1), the parties had ten days in which to file written objections to the Report and Recommendation. No objections were filed by the parties. Pursuant to 28 U.S.C. 636(b)(1)(C), this Court "may accept, reject, or modify, in whole or in part, the findings...
