ORDER DENYING MOTION TO DISMISS FOR DOUBLE JEOPARDY RICHARD F. CEBULL, District Judge. I. INTRODUCTION On December 9, 2009, a jury convicted Defendant Charles Spotted Elk-Booth, Jr. of attempted aggravated sexual abuse. Doc. 81. He was acquitted of aggravated sexual abuse, aiding and abetting aggravated sexual abuse, and kidnaping. On appeal, the Ninth Circuit Court of Appeals reversed the attempted aggravated sexual abuse conviction because the jury was erroneously instructed that...
ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT RICHARD F. CEBULL, District Judge. I. INTRODUCTION The Freedom of Information Act (FOIA), 5 U.S.C.A. 552, requires every federal agency to make its records available to the public upon proper request, except for those records specifically described in the nine exemptions contained in the statute. 5 U.S.C.A. 552(b). The statute also provides for the bringing of an action in a District Court of the United States to compel production of...
ORDER GRANTING DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS RICHARD F. CEBULL, District Judge. I. INTRODUCTION Plaintiff Christopher Kortlander, and his businesses Historical Rarities, Inc. and Custer Battlefield Museum, Inc., have brought this Bivens action for deprivation of constitutional rights secured by the First, Second, Third, Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendment to the United States Constitution. The claims arise out of an investigation during the years 2003-...
FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE CAROLYN S. OSTBY, Magistrate Judge. Plaintiff James B. Cox ("Cox"), appearing pro se, brings this action against Defendant Yellowstone County for allegedly violating his due process rights. Cox alleges that Yellowstone County sold his mobile home using a procedure that did not allow him "to be heard nor to present evidence nor to call witnesses . . . to prevent the sale of [his] property." Cmplt. (Court Doc. 1) at IV.A.1. and...
ORDER DONALD W. MOLLOY, District Judge. I. INTRODUCTION Jason Wood claims that his former employer, the Montana Department of Revenue, wrongly terminated his employment. As part of his lawsuit, he argues that the Department terminated him on account of absences he took, even though he claims was entitled to them under the "self-care" provision in the Family and Medical Leave Act, 29 U.S.C. 2612(a)(1)(D). 1 The Court sua sponte raised the question of whether it has subject matter...
MEMORANDUM AND ORDER SAM E. HADDON, District Judge. PLEADING BACKGROUND This case arises from the Bureau of Land Management's approval of the Resource Management Plan ("Plan") for the Upper Missouri River Breaks National Monument ("Monument") and from renewal of the Woodhawk Allotment Grazing Permit. The Wilderness Society, Friends of the Missouri River Breaks Monument, National Trust for Historic Preservation, Oil and Gas Accountability Project, Montana Wilderness Association, Western...
ORDER DONALD W. MOLLOY, District Judge. I. Introduction In April 2009, the United States Fish and Wildlife Service issued a final rule ("2009 Rule") that removed Endangered Species Act ("ESA"), 16 U.S.C. 1531 et seq., protections from the Northern Rocky Mountain Gray Wolf Distinct Population Segment in all areas outside of Wyoming. 74 Fed. Reg. 15213 et seq. Under the 2009 Rule, wolves found in Wyoming were the only wolves in the distinct population segment that received protection under...
ORDER DONALD W. MOLLOY, District Judge. I. Introduction The issue of wolf management has been heavily litigated in this court and others. 1 Plaintiffs filed this case on January 28, 2008. In April 2009, the case was stayed while multiple groups challenged the United States Fish & Wildlife Service's decision to designate and partially remove protections from the Northern Rocky Mountains Gray Wolf Distinct Population Segment under the Endangered Species Act ("ESA"), 16 U.S.C. 1536. On...
ORDER RICHARD F. CEBULL, Chief Judge. Currently pending before the Court are the Parties' cross-motions for summary judgment. In bringing their Complaint, Plaintiffs are alleging that Defendants' implementation of the Record of Decision that sanctioned motorized vehicle use within the Beartooth Ranger District would threaten certain aspects of the unique and fragile ecological habitats found within the District. After review and consideration of the administrative record and the parties'...
ORDER DONALD W. MOLLOY, District Judge. I. Introduction Plaintiff Adam Jackson brings this action under 42 U.S.C. 1983 alleging violations of his federal constitutional rights stemming from a June 2009 incident in which Missoula County Deputy Sheriff Jason Johnson tasered Jackson on a residential street. Jackson states federal claims for unlawful seizure and excessive use of force. The Amended Complaint also alleges pendent state claims for violation of Jackson's rights under the Montana...
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE RICHARD F. CEBULL, Chief Judge. On April 26, 2011, United States Magistrate Judge Carolyn Ostby entered Findings and Recommendations ( Doc. 44 ) in this case. Judge Ostby recommended that Defendant Yellowstone County's (County) Motion for Summary Judgment ( Doc. 30 ) be denied. Judge Ostby concluded that the County's application of Montana's agisters' lien statute, codified at Mont.Code Ann. 71-3-1203, resulted in an...
ORDER GRANTING DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT RICHARD F. CEBULL, District Judge. I. INTRODUCTION Presently before the Court are Defendants Sisters of Charity of Leavenworth ("Sisters of Charity") and Blue Cross Blue Shield of South Carolina and Blue Cross Blue Shield of Kansas City's ("BCBS" collectively) motions for summary judgment. Docs. 21 & 27. At the Court's direction the Parties have supplemented their motions and responses with additional briefing regarding the...
ORDER DONALD W. MOLLOY, Judge. I. Introduction This case involves a dispute between two insurance companies, Great American Assurance Company ("Great American") and Discover Property and Casualty Insurance Company ("Discover"), as to which insurer's policy provides primary coverage for liability arising from a fatal automobile accident in Texas. Great American brings this action against Discover seeking a declaratory judgment that Great American's policy does not cover the loss, or in the...
ORDER DONALD W. MOLLOY, District Judge. I. Introduction Plaintiffs Swan View Coalition, et al., ("Plaintiffs") bring this action seeking judicial review under the Administrative Procedure Act ("APA"), 5 U.S.C. 701-706, of agency action by the United States Forest Service concerning the Moose Post-Fire Project in the Flathead National Forest. Plaintiffs' First Amended Complaint alleges that the Service acted in violation of the Endangered Species Act ("ESA"), 16 U.S.C. 1533 et seq.;...
OPINION & ORDER CHARLES C. LOVELL, Senior District Judge. Before the Court are the parties' cross-motions for summary judgment. The Court heard oral argument from the parties from Ms. Summer Nelson for the Plaintiffs and from Mr. Paul D. Barker, Jr., and Ms. Anna Stimmel, for the Defendants. The Court having read the papers, having reviewed the administrative record, and having heard and considered the arguments of the parties, is prepared to rule. Prior Bison Litigation Prior to oral...
ORDER DONALD W. MOLLOY, District Judge. Plaintiff Stefanie Cramer ("Cramer") brings this putative class action under the Employee Retirement Income Security Act, seeking damages for wrongful denial of benefits, breach of fiduciary duty, and declaratory relief. Defendants moved to dismiss arguing, among other things, that Cramer failed to state a claim upon which relief can be granted. Defendants' argument is straightforward: Cramer's complaint alleges Defendants violated the Plan by "...
ORDER GRANTING IN PART PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT and SETTING STATUS CONFERENCE CAROLYN S. OSTBY, United States Magistrate Judge. Plaintiffs Crow Tribe of Indians, Westmoreland Resources Inc., and Absaloka Coal LLC [collectively Westmoreland] initiated this action against Daniel Peters, as the personal representative of the estate of Pauline Peters [Peters], alleging illegal interference with Westmoreland's rights, as mineral lessee, to use the surface of Peters' land....
ORDER DENYING GALLATIN COUNTY'S MOTION FOR SUMMARY JUDGMENT RICHARD F. CEBULL, District Judge. I. INTRODUCTION Plaintiff William Meigs has filed this lawsuit for personal injuries sustained after he was arrested in Livingston, Montana by a Livingston Police Officer pursuant to a bench warrant issued by Gallatin County, Montana. Pending before the Court is Defendant Gallatin County's motion for summary judgment. Gallatin County seeks judgment as a matter of law that it cannot be held liable...
ORDER DONALD W. MOLLOY, District Judge. I. Introduction The ordinary rule applied to any case on appeal is that the District Court that rendered the order to be examined on appeal, has no authority to make any legal ruling in the case while the appeal is pending. The Federal Rules of Civil Procedure recognize that in some circumstances it can be helpful to the parties and to the court of appeals to know what the District Court might do if given the chance to consider some aspect of the...
