MEMORANDUM DECISION & ORDER B. LYNN WINMILL, Chief District Judge. INTRODUCTION Pending before the Court is defendant Rolando Macias' Motion for Release Pending Sentencing. Dkt. 30. Mr. Macias' sentencing hearing is scheduled for March 9, 2015. For the reasons explained below, the Court will grant the Motion for Release Pending Sentencing. BACKGROUND In May 2014, a grand jury indicted defendant Rolando Macias on five counts of distributing methamphetamine, in violation of 21 U.S.C. 841(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. 28). On December 10, 2014, Defendant Rolando Macias 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 Two of the...
REPORT AND RECOMMENDATION RONALD E. BUSH, Magistrate Judge. On December 10, 2014, Defendant appeared before the undersigned United States Magistrate Judge to enter a change of plea pursuant to a written plea agreement. Defendant executed a written waiver of the right to have the presiding United States District Judge take his change of plea. Thereafter, the Court explained to Defendant the nature of the charges, the maximum penalties applicable, his constitutional rights, the effect of the...
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief District Judge. INTRODUCTION Before the Court is the United States' Motion to Dismiss (Dkt. 17). The Court heard oral argument on November 12, 2014, and now issues its decision. For the reasons set forth below, the Court will grant the motion and dismiss the action. BACKGROUND On September 5, 2010, Plaintiffs and their three children were camping in the Emmett Ranger District within the Boise National Forest, in an area known as "...
MEMORANDUM DECISION AND ORDER CANDY W. DALE, Magistrate Judge. INTRODUCTION The Court has before it two motions to dismiss filed on behalf of Defendants (Dkt. 4, 5), and a motion for default judgment filed by Plaintiff (Dkt. 8). 1 Plaintiff filed his complaint on August 4, 2014, and later amended his complaint on August 20, 2014, alleging he has suffered damages because Defendants have subjected him to "remote neural monitoring" without his consent. (Dkt. 1, 2.) Pro se complaints, "however...
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief District Judge. MEMORANDUM DECISION On November 12, 2014, plaintiffs filed a complaint against a single defendant, Assured Performance Network, dba Assured Performance Network, Inc. (APN). See Complaint (Dkt. No. 1). On December 19, 2014, Scott Biggs, the CEO of APN, filed a "Pro Se Notice of Appearance" stating that he "enters an appearance in this action and demands notice of all further proceedings." See Pro Se Notice (Dkt. No. 4)....
MEMORANDUM DECISION AND ORDER CANDY W. DALE, Magistrate Judge. INTRODUCTION Currently pending before the Court for consideration is Linda Goodman's Petition for Review (Docket No. 1) of the Respondent's denial of social security benefits, filed September 18, 2013. The Court has reviewed the Petition for Review and the Answer, the parties' memoranda, and the administrative record ("AR"), and for the reasons that follow, will affirm the decision of the Commissioner. PROCEDURAL AND FACTUAL...
MEMORANDUM DECISION AND ORDER CANDY W. DALE, Magistrate Judge. Before the Court is Plaintiffs' Motion for Reasonable Attorneys' Fees and Expenses Through May 23, 2014 (Dkt. 113). Plaintiffs request $463,480.00 in attorney fees and $4,363.08 in litigation expenses. Defendant Christopher Rich and Defendant-Intervenor State of Idaho, joined by Defendant Governor Otter (Dkt. 120), oppose Plaintiffs' request in part, arguing for a reduced award of $203,435.00 in fees and $614.36 in expenses (Dkt....
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief District Judge. INTRODUCTION The Court has before it cross-motions for summary judgment on Plaintiff Hudco, Inc.'s breach-of-insurance contract claim against Defendant Federated Mutual Insurance Company. This case arises from a dispute between Hudco and its insurer, Federated, over the amount of coverage Federated's policy provides to Hudco in connection with fire damage to Hudco's RV dealership. Hudco alleges that Federated owes it an...
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL , Chief Judge . INTRODUCTION Before the Court are Motions for Summary Judgment filed by defendant Murakami, defendants Abercrombie and Hill, and defendant Ford. The court heard oral argument on October 1, 2014, and took the motions under advisement. The Court will grant the motions in part, dismissing all claims except the claim for excessive force. SUMMARY In 2011, during the early morning hours of the day after Christmas, Idaho State...
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief District Judge. Plaintiff David Tyler Hill, a prisoner in the custody of the Idaho Department of Correction (IDOC), is proceeding pro se and in forma pauperis in this civil rights action. Pending before the Court are Defendant Corizon's Motion for Summary Judgment (Dkt. 34); Defendants Brent Reinke's, Shane Evans's, Randy Blades's, Vicky Hansen's, Shannon Blackburn's and Richard Craig's Motion for Summary Judgment (Dkt. 37) 1 ; Plaintiff...
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief District Judge. INTRODUCTION The Court once again has several motions before it: (1) Defendants' Motion to Reconsider, Alter or Amend, or For Relief from the Court's Order as to Fees of Plaintiffs' Expert Turpin (Dkt. 270); (2) Defendants' Objection to the Court's Order Re: Fees of Plaintiffs' Expert Turpin; (3) Plaintiffs' Motion for Order Adopting ERISA Enrolled Actuary Turpin's Calculations for Lump Sum Disbursements to Plan...
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief District Judge. INTRODUCTION The Court has before it Defendant's Motion to Stay the Proceedings. Dkt. 67. For the reasons set forth below, the Court will grant the motion, staying this litigation until a decision on appeal has been issued and the case remanded to this Court. BACKGROUND In early May 2014, the Coeur d'Alene Tribe began conducting Texas Hold'em tournaments at the Coeur d'Alene Casino. Shortly after, the State of Idaho...
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief District Judge. INTRODUCTION Before the Court is Defendant's Motion to Increase Security. Dkt. 49. Earlier, this Court granted an injunction in Plaintiff's favor, and ordered Plaintiff to post security in the amount of $20,000. See Dkt. 40. Defendant seeks to have the security increased to $200,000 per month. For the reasons set forth below, the Court will deny the motion. BACKGROUND In early May 2014, the Coeur d'Alene Tribe began...
INITIAL REVIEW ORDER CANDY W. DALE, Magistrate Judge. Sarah Marie Johnson filed a Petition for Writ of Habeas Corpus challenging her state court conviction (Dkt. 1), together with a Motion to Stay and Abey (Dkt. 5), through counsel Deborah Whipple and Dennis Benjamin. The Court now reviews the Petition to determine whether it is subject to summary dismissal pursuant to 28 U.S.C. 2243 or Rule 4 of the Rules Governing 2254 Cases. REVIEW OF PETITION 1. Standard of Law Federal habeas...
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief District Judge. INTRODUCTION The Court has before it Brad Hall & Associates' (BH&A) Motion for Attorneys' Fees and Costs (Dkt. 88). The Court has determined that oral argument would not significantly assist the decisional process and will therefore consider the matters without a hearing. Being familiar with the record and having considered the parties' briefing, the Court will grant the motion and award $86,154.03 in fees and costs to BH&A...
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief District Judge. INTRODUCTION Before the Court is defendants' motion for summary judgment (Dkt. 38). For the reasons expressed below, the Court will grant the motion. FACTS Plaintiff Rebecca Wilson worked as a flight nurse for Air St. Luke's for approximately ten years. She was fired on December 12, 2011. The "Corrective Action Form" documenting Wilson's termination states that there had been "serious performance concerns regarding recent...
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief District Judge. INTRODUCTION The Court has before it Stewart Title's motion to compel and Credit Suisse's motion for protective order. The motions are fully briefed and at issue. For the reasons explained below, the Court will grant in part Stewart Title's motion to compel and deny Credit Suisse's motion for protective order. Motion to Compel Stewart Title seeks to compel Credit Suisse to produce a Rule 30(b)(6) witness who can describe...
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief District Judge. INTRODUCTION Before the Court is Defendants Idaho State University, Linda J. Alexander, Dr. Robert J. Fisher, and Dr. David Rogers's Motion to Dismiss (Dkt. 11). For the reasons set forth below, the Court will grant the motion in part and deny it in part. Specifically, the Court will dismiss Idaho State University as a defendant, but will allow the claims against the individual defendants to survive in both their official...
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief District Judge. INTRODUCTION Before the Court is Defendant Purely Pomegranate, Inc.'s Motion for Attorney Fees. Dkt. 85. For the reasons stated below, the Court will deny the motion. BACKGROUND This action was one of nine national class actions brought against Townsend Farms, Inc. alleging that the company was negligent in importing, manufacturing, distributing, and selling a food product that was contaminated with the hepatitis A Virus....
