MEMORANDUM OPINION AND ORDER GRANTING IN PART RESPONDENT'S SECOND MOTION FOR SUMMARY JUDGMENT AND DISMISSING PETITION WITHOUT PREJUDICE NANCY D. FREUDENTHAL , District Judge . This matter is before the Court on Respondent Warden Todd Martin's second motion (doc. 25) for summary judgment on Petitioner Steven R. Barela's petition for habeas corpus under 28 U.S.C. 2241. In the Court's order on the parties' first motions for summary judgment, the Court found material fact disputes precluded...
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT MARK L. CARMAN , UNITED STATES MAGISTRATE JUDGE . This matter comes before the Court upon Plaintiff's Motion for Summary Judgment [Doc. 19]. Defendant responded to the Motion [Doc. 21] and oral argument was held on December 3, 2019. I. BACKGROUND This case arises out of a product recall issued by Defendant King Bio, Inc. for products purchased from it by Plaintiff Nutrition Center, Inc. The products at...
ORDER GRANTING PLAINTIFF'S MOTION FOR ORDER TEMPORARILY SEALING THE COMPLAINT [DOC. 2] KELLY H. RANKIN , Magistrate Judge . This matter is before the Court on Plaintiff's Motion for Order to temporarily seal the Complaint and the exhibits attached [Doc. 2]. Plaintiff filed his Complaint under seal on December 16, 2019 [Doc. 1]. Plaintiff filed the instant Motion on December 17, 2019. Defendant Begley has yet to be served, and therefore is unable to respond to the Motion at this time. The...
ORDER GRANTING DEFENDANTS' MOTION FOR AN EXTENSION OF TIME TO FILE ATTORNEYS' FEES [DOC. 91]. KELLY H. RANKIN , Magistrate Judge . This matter is before the Court on Defendants' Motion for Extension of Time [Doc. 91]. On December 4, 2019, the trial court dismissed with prejudice Plaintiff's Amended Complaint and denied Plaintiff's Motion to Amend [Doc. 89]. At least some of the Defendants intend to seek an award of attorneys' fees under 42 U.S.C. 1988(b). A motion seeking attorneys' fees...
ORDER GRANTING PARTIAL PRELIMINARY INJUNCTION Scott W. Skavdahl , United States District Judge . These joined cases come before the Court on Petitioners' Joint Motion for Preliminary Injunction (Doc. 22 1 ) and supporting memorandum (Doc. 23). Independent Petroleum Association of America filed an amicus curiae brief in support of the request for preliminary injunction (Doc. 47). Respondents filed an opposition to the motion (Doc. 58). The States of California and New Mexico, Intervenor-...
ORDER ON MOTIONS NANCY D. FREUDENTHAL , District Judge . The Court has before it several pending motions: Defendant Jeromy Moffat's August 16, 2019 motion in limine (doc. 46), Plaintiffs Ron and Valerie Brown's August 21, 2019 motion in limine (doc. 50), Defendant's motion and amended motion to strike the latter (docs. 55, 57), Plaintiffs' motion to strike the Defendant's motion to strike (doc. 59), and Plaintiffs' August 28, 2019 motion in limine. Doc. 60. As the Court indicated during...
OPINION AND ORDER STATING FINDINGS OF FACT AND CONCLUSIONS OF LAW ALAN B. JOHNSON , District Judge . This matter is before the Court following a nine-day bench trial. At trial, the plaintiff Sinclair Wyoming Refining Company ("Sinclair") was represented by Patrick R. Day, Buck S. Beltzer, and Geraldine A. Brimmer. The defendant Pro-Inspect, Inc. (d/b/a Moody International Asset Integrity Services, Inc., a Texas Corporation) ("Pro-Inspect" hereafter for purposes of this order) was...
ORDER ON MOTIONS FOR SUMMARY JUDGMENT SCOTT W. SKAVDAHL , District Judge . This matter comes before the Court on Defendants Laramie County, Wayne Graves, Glenna Hansen and Russell Martens' Motion for Summary Judgment (ECF No. 92) and the Individual Defendants' Motion for Summary Judgment (ECF No. 94). The Court, having considered the briefs and materials submitted in support of the motions and Plaintiffs' responses thereto, having heard oral argument of counsel and being otherwise...
ORDER ON PLAINTIFF'S MOTION TO COMPEL MARK L. CARMAN , District Judge . This matter comes before this Court upon Plaintiff's Motion to Compel [Doc. 119]. Plaintiff Homeland Insurance Company of New York ("Homeland") brought the underlying case seeking a declaratory judgment as to its obligations under the insurance policy it issued to Defendant Powell Valley Healthcare ("Powell") 1 [Doc. 1 p. 2]. During the period in which Homeland insured Powell, Powell was sued multiple times for...
ORDER ON DEFENDANT'S MOTION TO COMPEL MARK L. CARMAN , Magistrate Judge . This matter comes before this Court upon Defendant's Motion to Compel [Doc. 121]. Plaintiff Homeland Insurance Company of New York ("Homeland") brought the underlying case seeking a declaratory judgment as to its obligations under the insurance policy it issued to Defendant Powell Valley Healthcare ("Powell") 1 [Doc. 1 p. 2]. During the period in which Homeland insured Powell, Powell was sued multiple times for...
OPINION AND ORDER AFFIRMING AGENCY ACTION AND DISMISSING PETITION FOR REVIEW ALAN B. JOHNSON , UNITED STATES DISTRICT JUDGE . Petitioners Powder River Basin Resource Council ("PRBRC") and Western Organization of Resource Councils ("WORC") (collectively "Petitioners") challenge the decision of the United States Secretary of Interior ("Secretary"), the Deputy Assistant Secretary for Lands and Minerals Management ("Deputy Secretary"), the United States Office of Surface Mining Reclamation...
ORDER ON MOTIONS FOR SUMMARY JUDGMENT Scott W. Skavdahl , United States District Judge . This matter comes before the Court on Plaintiff's Motion for Summary Judgment (ECF No. 95) and State Defendants' Motion for Summary Judgment (ECF No. 98) joined by County Defendants Patrick Lebrun and Joshua Smith (ECF No. 105). The parties agree that this matter is appropriate for resolution by summary judgment with each contending they are entitled to judgment as a matter of law. The Court,...
ORDER ON DEFENDANT'S MOTION FOR IN CAMERA REVIEW MARK L. CARMAN , Magistrate Judge . THIS MATTER comes before the Court upon Defendant's Motion for In-Camera Inspection [Doc. 22]. On June 27, 2018, this Court held an informal discovery conference with the parties regarding whether Defendant Kevin Swainston's communications with his insurance company were privileged, and if so, whether that privilege was waived [Doc. 20]. At the Court's request, Swainston briefed the issue on July 16,...
COURT'S OPINION ON THE COMMUNICATIONS BETWEEN DEFENDANT AND HIS INSURER MARK L. CARMAN , Magistrate Judge . On June 27, 2018, this Court held an informal discovery conference with the parties regarding whether Defendant Kevin Swainston's communications with his insurance company were privileged, and if so, whether that privilege was waived [Doc. 20]. At the Court's request, Swainston briefed the issue on July 16, but did not file a motion for protective order [Doc. 21]. The briefing will...
ORDER ON INITIAL PRETRIAL CONFERENCE MARK L. CARMAN , Magistrate Judge . On July 31, 2018, an initial pretrial conference was held in this matter by telephone before the Honorable Mark L. Carman, United States Magistrate Judge for the District of Wyoming. Counsel participating were R. Daniel Fleck and Gabriel Phillips for Plaintiff, and John Fairless for Defendant. JURISDICTION AND VENUE — The Court has jurisdiction over both the parties and the subject matter of this action, and venue...
ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL MARK L. CARMAN , Magistrate Judge . Pursuant to the Motion to Withdraw as Counsel filed by Joanna R. Vilos and Jose A. Ramirez and the law firm of Holland & Hart LLP and good cause having been shown, THIS COURT HEREBY ORDERS that the withdrawal of Joanna R. Vilos and Jose A. Ramirez and the law firm of Holland & Hart LLP in the representation of HealthTech Management Services Inc. and William D. Patten in the above action is hereby granted.
ORDER ON DEFENDANT'S MOTION FOR LEAVE TO SUPPLEMENT ITS EXPERT REPORT OF DR. HAL S. WORTZEL [Doc 39] MARK L. CARMAN , Magistrate Judge . This matter comes before this Court upon Defendant's Motion for Leave to Supplement its Expert Report of Dr. Hal. S. Wortzel [Doc 39]. This motion involves a disagreement between the parties as to the timing and designation of a medical expert who performs an independent medical exam ("IME"). Defendant has elected to subject Plaintiff J.H.S. (...
ORDER GRANTING EXTENSION OF TIME FOR PLAINTIFFS TO FILE A RESPONSE TO WIFCO STEEL PRODUCT, INC.'S MOTION FOR SUMMARY JUDGMENT ALAN B. JOHNSON , District Judge . This matter is before the Court on Plaintiffs, Brent Walker and Liberty Mutual Insurance Company's Agreed Motion for Extension of Time to File a Response to Wifco Steel Products, Inc.'s Motion for Summary Judgment (the "Motion") and the Court having read the Motion and being otherwise duly advised in the premises, now finds that...
OPINION AND ORDER ALAN B. JOHNSON , District Judge . On February 27, 2015. Dagoberto Aeevedo-Munoz ("Defendant") filed a motion under Rules 60(b)(6) and 60(d)(1). Fed.R.Civ.P. which sought to set aside the court's July 1, 2013 order denying as untimely defendant's previous motion under 28 U.S.C. 2255 (Dkt. #19) [Rule 60 motion] and (Dkt. #7, 8) [denying defendant's 2255 motion as untimely]. Defendant contends that his retained counsel misled him by not responding to inquiries as to a...
OPINION AND ORDER ALAN B. JOHNSON , District Judge . This matter is before the Court on Biodiversity Conservation Alliance ("Petitioner's) Amended Petition for Judicial Review (ECF No. 17). The Court will describe the relevant statutes and regulations involved in this case, summarize the factual and procedural background of the case, address the issue of standing, present the standard of review, and then turn to the analysis. After reviewing the parties' submissions, the applicable law,...
