OPINION AND ORDER DENYING PLAINTIFF'S MOTION FOR RELIEF ALAN B. JOHNSON, District Judge. Kurt Gordon bought a health insurance policy containing an arbitration agreement from William Linton. Reserve National Insurance Company underwrote and issued the policy. After Reserve National denied coverage for medical expenses related to Mr. Gordon's emergency bypass surgery, Mr. Gordon sued Mr. Linton and Reserve National. In a previous order, this Court stayed this action and compelled the parties...
MEMORANDUM OPINION GRANTING JOINT MOTION TO DISMISS NANCY D. FREUDENTHAL, Chief Judge. This matter comes before the Court on a joint motion to dismiss filed by Petitioner Rock Springs Grazing Association (RSGA) and Respondents (collectively BLM) pursuant to Federal Rules of Civil Procedure 41(a)(2) and the terms of the Consent Decree and Joint Stipulation for Dismissal (Consent Decree). Document (Doc.) No. 81; 81-1. For background purposes, RSGA filed this case requesting the Court direct...
OPINION AND ORDER GRANTING JETSTREAM'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION ALAN B. JOHNSON, District Judge. Central Wyoming Neurosurgery contracted with Barta-Iso Aviation to buy an airplane. Under the contract, the parties agreed to use Jetstream Escrow & Title Service (an Oklahoma company) as their escrow agent. When Jetstream allegedly disbursed funds from the escrow account without authorization, CWN sued Jetstream for breach of contract. Jetstream has now moved to dismiss...
ORDER GRANTING IN PART AND DENYING IN PART THE GOVERNMENT'S MOTION FOR PARTIAL SUMMARY JUDGMENT ALAN B. JOHNSON, District Judge. The Government sued David Hamilton and Hamilton Properties for allegedly discharging fill material into a creek without a permit in violation of the Clean Water Act. The Government has filed a motion requesting summary judgment on two critical issues: (1) Whether the creek is a "water of the United States" subject to the Clean Water Act; (2) whether Defendants'...
ORDER ON SUBJECT MATTER JURISDICTION ALAN B. JOHNSON, District Judge. Lindsey Durlacher was injured while snowmobiling near Ryan Park, Wyoming, after Defendant Rocky Hoffschneider — a Colorado citizen — allegedly crashed his snowmobile into Mr. Durlacher's snowmobile. Mr. Durlacher died a few months later. After Mr. Durlacher's death, a state district court appointed Plaintiffs Michael and David Durlacher — Mr. Durlacher's brothers and Illinois citizens — as representatives for the purpose of...
ORDER GRANTING PLAINTIFF'S MOTION TO DISMISS DEFENDANT'S COUNTERCLAIM ALAN B. JOHNSON, District Judge. Plaintiff Tobe Morrow suffered injuries after he was bucked from a horse during a guided horseback ride conducted by Defendant Xanterra Parks & Resorts. Mr. Morrow brought suit against Xanterra and four John Doe defendants, alleging that his injuries resulted from Defendants' negligence. Xanterra counterclaimed against Mr. Morrow for breach of contract, alleging that Mr. Morrow had breached...
ORDER DENYING PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT AND GRANTING PARTIAL SUMMARY JUDGMENT FOR DEFENDANTS ALAN B. JOHNSON, District Judge. Plaintiffs Northern Arapaho Tribe and Jim Shakespeare, a tribal member, applied to the United States Fish and Wildlife Service for a permit allowing them to take eagles for use in their religious ceremonies. Two and a half years after receiving Plaintiffs' application, the Fish and Wildlife Service granted the permit by allowing Plaintiffs to take...
