PRELIMINARY INJUNCTION ORDER CHARLES C. LOVELL, Senior District Judge. Before the Court is Plaintiff's Motion for Preliminary Injunction, filed pursuant to Rule 65(b), Fed.R.Civ.P. (Doc. 8.) The motion is opposed by Intervenor Dustin Hankinson, but unopposed by Defendant Montana Department of Labor and Industry, Hearings Bureau ("ML & I"), which has filed a Notice of non-appearance and non-opposition to the Motion for Temporary Restraining Order and Preliminary Injunction. (Doc. 20.) The...
ORDER DENYING PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION RICHARD F. CEBULL, District Judge. I. INTRODUCTION Plaintiffs are Native Americans from Montana's Fort Belknap, Crow, and Northern Cheyenne Indian Reservations. They ask this Court to Order Defendants to open satellite county offices with inperson absentee voting and late voter registration in Fort Belknap, Crow Agency, and Lame Deer, Montana. Their October 10, 2012 Complaint alleges claims under Section 2 of the Voting Rights...
ORDER ADDRESSING SUMMARY JUDGMENT MOTIONS CAROLYN S. OSTBY, United States Magistrate Judge. Plaintiff Carol Louise Ostrowski ("Ostrowski"), appearing pro se, seeks judicial review of Defendant Commissioner of Social Security's ("Commissioner") decision denying her applications for disability insurance benefits ("DIB") and supplemental security income ("SSI") under Titles II and XVI of the Social Security Act ("the Act"), 42 U.S.C. 401-433, 1381-1383(c). Complt. (DKT 3). After the...
FINDINGS OF FACT CONCLUSIONS OF LAW OPINION AND ORDER CHARLES C. LOVELL, Senior District Judge. The remainder of this case — the constitutionality of Montana's contribution limits in Montana Code Annotated 13-37-216 — came before the Court in a bench trial held from September 12, 2012, to September 14, 2012. The plaintiffs were represented by James Bopp, Jr., and the defendants were represented by Michael Black and Andrew Huff. The plaintiffs argue that the contribution limits are...
OPINION & ORDER CHARLES C. LOVELL, Senior District Judge. Before the Court are the parties' cross-motions for summary judgment. The matter came on regularly for hearing on September 6, 2012. Plaintiff was represented by Mr. James H. Goetz and Mr. Trent M. Gardner. Defendant was represented by Mr. Jonathan R. Bass and Mr. Mark D. Etchart. Having received oral argument and having reviewed the briefs and all the record, the Court is prepared to rule. Pursuant to Fed.R.Civ.P. 56, Plaintiff...
PARTIAL TRANSCRIPT OF PROCEEDINGS KEITH STRONG, Magistrate Judge. (WHEREUPON, the following is a partial transcript of the proceedings had in open court:) THE COURT: All right. The record will show that counsel and the parties are present. And that I am going to read into the record slowly my proposed — or my findings of fact, conclusions of law and recommendation. I need not remind everybody, but I will before I do this, that A, regardless of what I rule, Judge Molloy's order still remains...
ORDER DONALD W. MOLLOY, District Judge. Plaintiff Robert Mears filed a claim for policy benefits with his insurer, Defendant Safeco Insurance Company of Illinois ("Safeco"), after being hit by a car while crossing the street. He eventually accepted a settlement offer of $21,015.58 in exchange for his agreement to "release [Safeco] from liability under the policy." The oral agreement was reached over the phone in a recorded conversation. Mears subsequently signed off on a check from Safeco...
ORDER DANA L. CHRISTENSEN, District Judge. I. Introduction This Opinion and Order resolves the many outstanding pretrial motions filed in this matter by Defendants Jason Washington, Lisa Fleming, and Steven Sann. The three are charged, along with four other co-defendants, with offenses related to the manufacture and distribution of marijuana. Defendant Washington also faces a gun charge. The charges allege conduct that occurred at least in part in the context of a medical marijuana...
ORDER DONALD W. MOLLOY, District Judge. Billy Dodson is a state prisoner proceeding pro se and in forma pauperis. He filed this action for a writ of habeas corpus on November 28, 2011. He raises several claims: 1. The State of Montana violated the Interstate Agreement on Detainers Act, Montana Code Annotated 46-31-101 to 46-31-204. 2. Dodson was subjected to double jeopardy because Granite County dismissed its charges against him "with prejudice" and those charges were related to the...
FINDINGS AND RECOMMENDATION OF U.S. MAGISTRATE JUDGE JEREMIAH C. LYNCH, Magistrate Judge. On November 28, 2011, Petitioner Billy Dodson moved to proceed in forma pauperis with this action for a writ of habeas corpus under 28 U.S.C. 2254. Dodson is a state prisoner proceeding pro se. On January 30, 2012, Respondent ("the State") was ordered to file certain documents from the state court record. It complied on February 29, 2012. I. Preliminary Screening Rule 4 of the Rules Governing...
ORDER DONALD W. MOLLOY, District Judge. This is a wrongful discharge from employment case. Delta Dental Insurance Company is the former employer, and Douglas Weber is the former employee. Delta Dental moves for summary judgment and moves to exclude evidence alleging that it violated a "90-Day Performance Management Plan" on which it placed Weber. Both motions are denied for the reasons set forth below. BACKGROUND Delta Dental is an insurance company that offers dental benefits in Montana....
ORDER CHARLES C. LOVELL, Senior District Judge. The Court referred the Petition for Revocation (Doc. 44), as amended, for hearing, findings of fact, and recommendation to Magistrate Judge Keith Strong by order filed on July 9, 2012 (Doc. 50). 1 Pending now before the Court is the Report of Findings & Recommendations ("F&R") filed by Magistrate Judge Keith Strong on July 11, 2012 (Doc. 58). No objections have been filed to the F&R. I. Background In 2009, this Court sentenced Defendant to 21...
FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE CAROLYN S. OSTBY, Magistrate Judge. Plaintiff Michael W. Tolstedt ("Tolstedt") claims in this ERISA action that Defendant Standard Insurance Company ("Standard"), wrongfully terminated his long-term disability ("LTD") benefits. The following motions are pending: (1) Tolstedt's Rule 52 Motion for Entry of Judgment ( Dkt. 16 ); and (2) Standard's Motion for Summary Judgment or, in the alternative, Motion for Trial by...
ORDER ADDRESSING MOTIONS CAROLYN S. OSTBY, Magistrate Judge. I. INTRODUCTION Plaintiff Juan Salazar ("Salazar") claims that Defendants Continental Construction of Montana, LLC ("Continental") and A&J Construction of Montana, Inc. ("A&J") failed to provide a safe work environment resulting in his work-related injury. Fourth Am. Cmplt. (DKT 139). Salazar, seeking compensatory and punitive damages, asserts the following claims: 1. Count I — contractual obligation and vicarious liability...
FINDINGS and RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE CAROLYN S. OSTBY, Magistrate Judge. Plaintiffs bring this action to assert first-party under-insurance claims under their contract with Defendant Allstate Insurance Company ("Allstate"). Their Complaint states claims for breach of contract, common law bad faith, breach of fiduciary duty, statutory bad faith, emotional distress, and punitive damages. Doc. 9 at 4-7. Presently before the Court is Allstate's Motion for Partial Summary...
FINDINGS & RECOMMENDATION CONCERNING PLEA JEREMIAH C. LYNCH, Magistrate Judge. The Defendant, by consent, has appeared before me under Fed. R. Crim. P. 11 and has entered a plea of guilty to one count of conspiracy to distribute methamphetamine in violation of 21 U.S.C. 846 (Count I), as set forth in the Indictment. After examining the Defendant under oath, I have made the following determinations: 1. That the Defendant is fully competent and capable of entering an informed and voluntary...
ORDER DONALD W. MOLLOY, District Judge. United States Magistrate Judge Jeremiah C. Lynch entered Findings and Recommendation in this matter on July 10, 2012. Neither party objected and therefore they are not entitled to de novo review of the record. 28 U.S.C. 636(b)(1); United States v. Reyna-Tapia, 328 F.3d 1114 , 1121 (9th Cir. 2003). This Court will review the Findings and Recommendation for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309 , 1313 (...
ORDER JEREMIAH C. LYNCH, Magistrate Judge. Before the Court are the parties' cross motions for summary judgment on the merits of Plaintiff Lori Fisher's claim for an award of continued disability benefits pursuant to a disability insurance plan governed by the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1001 et seq. For the reasons discussed, and after conducting a bench trial on the administrative record before the Court, I conclude Fisher has not met her burden of proof to...
ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO FILE DOCUMENT AND ADD EXPERT WITNESS CAROLYN S. OSTBY, Magistrate Judge. Plaintiff Juan Salazar ("Salazar") claims that Defendants Continental Construction of Montana, LLC ("Continental") and A&J Construction of Montana, Inc. ("A&J") failed to provide a safe work environment resulting in his work-related injuries. Fourth Am. Cmplt. (DKT 139). Salazar settled his claims against Continental. DKT 140. The Court recently granted Salazar leave to...
ORDER GRANTING PLAINTIFF'S MOTION TO AMEND COMPLAINT CAROLYN S. OSTBY, Magistrate Judge. Plaintiff Juan Salazar ("Salazar") has moved to amend his Complaint. DKT 92. Defendants A&J Construction of Montana, Inc. ("A&J"), and Continental Construction of Montana, LLC ("Continental") object. Id. at 1-2. A&J filed a response brief, DKT 103, but Continental did not. On June 22, 2012, Salazar filed his reply brief. DKT 114. Thus, the motion is ripe for decision. For the reasons discussed...
