ORDER ADOPTING FINDINGS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE ON MOTION TO DISMISS RICHARD F. CEBULL, District Judge. United States Magistrate Judge Carolyn Ostby has entered Findings and Recommendation ( Doc. 53 ) on Defendants' Motion to Dismiss the Amended Complaint ( Doc. 28 ). Magistrate Judge Ostby recommends that Counts I, II, VI and V be dismissed and, and Count III be dismissed except as to the claims of the Personal Representatives against Defendant Matthew Oravec. Upon...
OPINION & ORDER CHARLES C. LOVELL, Senior District Judge. Before the Court is Defendant's Motion for Summary Judgment (Doc. 11), which is opposed by Plaintiff. The matter came on regularly for hearing on September 30, 2010. Plaintiffs are Dale Fossen, D and M Fossen, Inc., Larry Fossen, L and C Fossen, Inc., Marlowe Fossen, M and C Fossen, Inc., and Fossen Brothers Farms, a Partnership (collectively, "FBF"). Defendant is Blue Cross Blue Shield of Montana, Inc. ("BCBSMT"). Plaintiffs are...
ORDER DONALD W. MOLLOY, District Judge. I. Introduction Plaintiffs Orban and Ruth Jackson, individually and as co-personal representatives of the estate of their son Orban "Calvin" Jackson (the "Jacksons") brought this action seeking underinsured motorist benefits from an automobile insurance policy issued by Defendant Trinity Universal Insurance Company ("Trinity"). Trinity denied such benefits claiming the accident in question did not involve an underinsured motor vehicle as defined in the...
OPINION DONALD W. MOLLOY, District Judge. I. Introduction When Congress enacted the Endangered Species Act (the "ESA") what it envisioned was an orderly process beginning with a determination of when a species is at risk of extinction and ending when that risk is reduced to an acceptable level. The Act was not intended to sow the dragon's teeth of strife or to plant the seeds of future conflicts that have given rise to this case. The fight about wolves, steeped in stentorian agitprop,...
ORDER DONALD W. MOLLOY, District Judge. I. Introduction On February 25, 2009, the United States Fish and Wildlife Service (the "Service") issued a revised designation of critical habitat for the contiguous United States distinct population segment of the Canada lynx ( Lynx canadensis ). The designation identified approximately 39,000 square miles of habitat in the States of Maine, Minnesota, Montana, Wyoming, Idaho, and Washington, The acres are designated as critical habitat for the...
ORDER I. Introduction The Plaintiff in this case, Forest Service Employees for Environmental Ethics, seeks review under the Administrative Procedure Act ("APA"), 5 U.S.C. 701-706, of federal agency actions and the associated planning documents relating to the use of chemical fire retardant to fight wildfires on United States Forest Service lands. Plaintiffs Second Amended Complaint alleges claims under the National Environmental Policy Act ("NEPA") (Count I) and the Endangered Species Act (...
OPINION DONALD W. MOLLOY, District Judge. I. Introduction Alliance for the Wild Rockies is seeking judicial review under the Administrative Procedure Act ("APA"), 5 U.S.C. 701-706, of agency actions by the U.S. Forest Service and the U.S. Fish & Wildlife Service concerning the Grizzly Vegetation and Transportation Management Project ("Grizzly Project"), the Miller West Fisher Project ("Miller Project"), and the Little Beaver Hazardous Fuels Reduction Project ("Little Beaver Project")....
ORDER DONALD W. MOLLOY, District Judge. I. Introduction Plaintiff, Ames Construction, Inc. ("Ames"), brought this case against Intermountain Industrial, Inc. ("Intermountain") and Maxum Indemnity Company ("Maxum"). Ames alleged that Intermountain failed to obtain insurance for Ames as required in a contract between the parties. As a secondary matter it asserts that Maxum was required to defend Ames in an underlying state lawsuit. After being sued, Intermountain filed a third-party complaint...
