MEMORANDUM ORDER EDWARD J. LODGE, District Judge. MEMORANDUM DECISION AND ORDER Pending before the Court in the above entitled matter is Plaintiff's Motion for Reconsideration (Dkt. 28) of the Court's order granting in part and denying in part Plaintiff's Motion for Summary Judgment. (Dkt. 12.) Defendants filed a response to the motion to reconsider (Dkt. 35). No reply was filed by Plaintiff. 1 Having fully reviewed the record, the Court has determined oral argument would not assist the...
AMENDED MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief Judge. INTRODUCTION The Court has before it Occupy Boise's renewed motion for partial summary judgment (Dkt. 106), challenging administrative rules that Occupy Boise claims restrict First Amendment activity. The Court heard oral argument on Occupy Boise's renewed or supplemental motion for partial summary judgment on July 23, 2013. It had heard oral argument on Occupy Boise's first motion for partial summary judgment on February 26,...
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief Judge. INTRODUCTION The Court has before it Occupy Boise's renewed motion for partial summary judgment (Dkt. 106), challenging administrative rules that Occupy Boise claims restrict First Amendment activity. The Court heard oral argument on Occupy Boise's renewed or supplemental motion for partial summary judgment on July 23, 2013. It had heard oral argument on Occupy Boise's first motion for partial summary judgment on February 26, 2013....
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief Judge. INTRODUCTION On October 15, 2013, this Court granted plaintiff Battelle Energy Alliance, LLC's ex parte application for a temporary restraining order. See Dkt. 8. The restraining order prevented defendants from releasing a computer software product known as Visdom (which Battelle claims is a copy of its product, Sophia) as an open-source product. It also required defendants to deliver defendants' computer hard drive to...
MEMORANDUM ORDER EDWARD J. LODGE, District Judge. Plaintiff Sandy Howard Sims ("Plaintiff" or "Sims") owns an operating mine known as the "Democrat Mine" conducted on patented lode mining claims located in the Salmon-Challis National Forest. (Dkt. 1, 3.) On or about June 5, 1992, Plaintiff filed an application to patent seven mill site claims associated with his use of the Democrat Mine. ( Id., 4, 8.) Plaintiff brings this action for review under the Administrative Procedures Act ("...
ORDER ON REPORT AND RECOMMENDATION EDWARD J. LODGE, District Judge. On May 9, 2013, United States Magistrate Judge Mikel H. Williams issued a Report and Recommendation in this matter, Dkt. 31. Pursuant to 28 U.S.C. 636(b)(1), the parties had fourteen days in which to file written objections to the Report and Recommendation. Plaintiff filed his limited objection on May 23, 3013, Dkt. 32. No objections or response to Plaintiff's limited objection was filed by Defendant. The matter is now...
CASE MANAGEMENT ORDER B. LYNN WINMILL, Chief District Judge. In accordance with the agreements reached in the Telephone Scheduling Conference on September 10, 2013, and to further the efficient administration of this matter, NOW THEREFORE IT IS HEREBY ORDERED, that the following recitation of deadlines and procedures shall govern this litigation: 1. Dispositive Motion Deadline: All dispositive motions shall be filed on August 1, 2014 . This deadline will not be extended even if you...
MEMORANDUM DECISION AND ORDER RE: DEFENDANTS' RENEWED MOTION TO DISMISS (Docket No. 35) RONALD E. BUSH, Magistrate Judge. Pending before the Court is Defendants' Renewed Motion to Dismiss (Docket No. 35). Having carefully considered the record, participated in oral argument, and otherwise being fully advised, the Court enters the following Memorandum Decision and Order: I. RELEVANT FACTUAL AND PROCEDURAL BACKGROUND 1 1. On or around December 22, 2006, Cross Base, LLC ("Cross Base") (a...
ORDER ADOPTING REPORT AND RECOMMENDATION B. LYNN WINMILL, Chief District Judge. Before the Court is a Report and Recommendation filed by the United States Magistrate Judge. (Dkt.18). On August 20, 2013, Defendant Shawn M. Stone appeared before the Magistrate Judge to enter a change of plea pursuant to a written plea agreement. The Magistrate Judge conducted the plea hearing and concluded there is a factual basis for Defendant's plea of guilty to the charges contained in Count 1 of the...
MEMORANDUM DECISION AND ORDER RONALD E. BUSH, Magistrate Judge. Now pending before the Court is Albert E. Buzby's Complaint/Petition for Review (Docket No. 1), seeking review of the Social Security Administration's final decision to deny his claim for supplement security income benefits. The action is brought pursuant to 42 U.S.C. 405(g). Having carefully reviewed the record and otherwise being fully advised, the Court enters the following Memorandum Decision and Order: I. ADMINISTRATIVE...
MEMORANDUM DECISION AND ORDER RONALD E. BUSH, Magistrate Judge. Now pending before the Court is Jason Maness's Petition for Review (Docket No. 1), seeking review of the Social Security Administration's final decision to deny his claim for Disability Insurance Benefits. The action is brought pursuant to 42 U.S.C. 405(g). Having carefully reviewed the record and otherwise being fully advised, the Court enters the following Memorandum Decision and Order: I. ADMINISTRATIVE PROCEEDINGS On...
PROTECTIVE ORDER REGARDING DISCLOSURE OF CONFIDENTIAL DOCUMENTS B. LYNN WINMILL, District Judge. IT IS ORDERED that the Agreed Protective Order Regarding Disclosure of Confidential Documents is GRANTED as follows: 1. As used herein, "Confidential Documents" means any documents, things, and information which a Party believes in good faith contain trade secrets, personal financial information, confidential or proprietary commercial information, or information the disclosure of which would...
MEMORANDUM ORDER EDWARD J. LODGE, District Judge. Pending before the Court in the above-entitled matter is Defendant United States' Motion to Dismiss or for Partial Summary Judgment (Dkt. 20). Having fully reviewed the record, the Court finds that the facts and legal arguments are adequately presented in the briefs and record. Accordingly, in the interest of avoiding further delay, and because the Court conclusively finds that the decisional process would not be significantly aided by oral...
ORDER EDWARD J. LODGE, District Judge. On July 16, 2013, this Court entered an Order extending the temporary restraining order in this matter and requested expedited briefing on the motion to dismiss (Dkt. 31). Expedited briefing and related declarations were filed by Plaintiffs as well as motions to strike the declarations filed by Defendants. Responses and replies as well as supplemental declarations have been filed by both sides. Supplemental authority was filed by Defendants (Dkt. 53). A...
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief District Judge. The Court has before it Defendant Douglas Swenson's Request for Hearing Under Federal Rule of Criminal Procedure 41(g) (Dkt. 106). The Court indicated in an earlier order that Doug Swenson's request for a hearing would be granted if he decided to proceed under Rule 41(g). The Court, however, has considered the issue further and now finds that Swenson must make a preliminary showing before the Court will grant his Rule 41(g)...
MEMORANDUM DECISION AND ORDER EDWARD J. LODGE, District Judge. Pending before the Court in this habeas corpus matter is Respondent's Motion for Summary Dismissal (Dkt. 44) of the Second Amended Petition (Dkt. 33). Also pending are the following motions: (1) Respondent's Motion to File an Oversize Brief in support of the Motion for Summary Dismissal (Dkt. 45); (2) Respondent's Motion to File an Oversize Reply Brief (Dkt. 49); (3) Petitioner's Emergency Motion seeking a reduction of the 90-day...
ORDER ADOPTING REPORT AND RECOMMENDATION EDWARD J. LODGE, District Judge. The United States Magistrate Judge issued a Report and Recommendation in this matter. (Dkt. 10.) Pursuant to 28 U.S.C. 636(b)(1), the parties had fourteen days in which to file written objections to the Report and Recommendation. No objections were filed by the parties and the time for doing so has passed. DISCUSSION Pursuant to 28 U.S.C. 636(b)(1)(C), this Court "may accept, reject, or modify, in whole or in part,...
REPORT AND RECOMMENDATION CANDY W. DALE, Magistrate Judge. INTRODUCTION This matter is before the Court pursuant to a petition filed on February 11, 2013, by Kimberly and Clinton Bone (Petitioners) to quash two IRS summonses served upon Petitioners' bank seeking their respective bank records. (Dkt. 1.) In turn, the IRS moved to dismiss the petition to quash, and to enforce the summonses. (Dkt. 3.) The parties have briefed the motion and it is ripe for the Court's consideration. Having fully...
MEMORANDUM DECISION AND ORDER RONALD E. BUSH, Magistrate Judge. Pending before the Court is Petitioner Matthew Hall's Petition for Review (Dkt. 1), filed July 9, 2012, seeking review of the Social Security Administration's final decision to deny his disability benefits. This action is brought pursuant to 42 U.S.C. 405(g). Having carefully reviewed the record and otherwise being fully advised, the Court enters the following Memorandum Decision and Order. I. ADMINISTRATIVE PROCEEDINGS On...
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief District Judge. INTRODUCTION The Court has before it Stewart Title's motion to quash. The motion is fully briefed and at issue. For the reasons explained below, the Court will deny the motion. ANALYSIS Stewart Title seeks to quash deposition subpoenas served on two of its trial counsel in this case, Diane Davies and Dirk de Roos. Stewart Title argues that Credit Suisse has failed to satisfy the high standard that must be met before trial...
