OPINION AND ORDER GRANTING IN PART, DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND OPINION AND ORDER DENYING PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT ALAN B. JOHNSON , District Judge . The plaintiffs' Motion for Partial Summary Judgment (Doc. No. 36), the plaintiffs' memorandum in support (Doc. No. 37), the defendant's opposition (Doc. No. 43), the defendant's Motion for Summary Judgment (Doc. No. 38), the defendant's memorandum in support (Doc. No. 39), the...
OPINION AND ORDER GRANTING IN PART, DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND OPINION AND ORDER DENYING PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT ALAN B. JOHNSON , District Judge . The plaintiffs' Motion for Partial Summary Judgment (Doc. No. 36), the plaintiffs' memorandum in support (Doc. No. 37), the defendant's opposition (Doc. No. 43), the defendant's Motion for Summary Judgment (Doc. No. 38), the defendant's memorandum in support (Doc. No. 39), the...
OPINION AND ORDER GRANTING IN PART, DENYING IN PART, DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT ALAN B. JOHNSON , District Judge . The defendants' Motion for Partial Summary Judgment (Doc. No. 37), the plaintiff's opposition (Doc. No. 41), and the defendants' reply (Doc. No. 44) are before the Court. After reviewing the parties' submissions, the applicable law, and being fully advised, the Court finds that the defendants' Motion for Partial Summary Judgment (Doc. No. 37) should be...
OPINION AND ORDER GRANTING IN PART, DENYING IN PART J.C. ENERGY'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND OPINION AND ORDER DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ALAN B. JOHNSON , District Judge . The Plaintiff's Motion for Partial Summary Judgment (Doc. No. 19) and Defendants' opposition (Doc. No. 24); Defendants' Motion for Summary Judgment (Doc. No. 22), the Plaintiff's opposition (Doc. No. 25), and Defendants' reply (Doc. No. 27) came for hearing September 22, 2015. After...
OPINION AND ORDER AFFIRMING AGENCY ACTIONS ALAN B. JOHNSON , UNITED STATES DISTRICT COURT This matter comes before the Court for decision upon the merits of these three administrative appeals. The Court previously consolidated the cases for purposes of review. Case No. 12-CV-85-ABJ has been designated as the lead case. The petitioners have filed three separate opening briefs for consideration. The federal respondents (collectively identified as `United States` unless otherwise...
OPINION AND ORDER DENYING DENBURY'S MOTION FOR SUMMARY JUDGMENT ON ITS THIRD, FOURTH, AND FIFTH CLAIMS FOR RELIEF AGAINST THE CHRISTENSEN DEFENDANTS AND OPINION AND ORDER DENYING DENBURY'S MOTION FOR SUMMARY JUDGMENT ON CHRISTENSENS' COUNTERCLAIM IV (BREACH OF THE COVENANT OF GOOD FAITH AND FAIR DEALING) AND THEIR DAMAGES COUNTERCLAIMS AND ORDER GRANTING IN PART AND DENYING IN PART DENBURY'S MOTION TO STRIKE AFFIDAVIT AND EXHIBITS ALAN B. JOHNSON , District Judge . The following have come...
OPINION AND ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT ALAN B. JOHNSON , District Judge . Plaintiff's Motion for Partial Summary Judgment [Doc. 34] and Motion for Preliminary Injunction [Doc. 37], Defendant's opposition thereto [Doc. 46 and 47] and Plaintiff's further reply regarding its motion for summary judgment [Doc. 67] have come before the Court for consideration. Having considered the pleadings, the applicable law, the parties' written submissions, and materials...
OPINION AND ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT IN PART AND DENYING IN PART ALAN B. JOHNSON , District Judge . Defendants' Motion for Summary Judgment (Doc. 26), Plaintiffs' opposition (Doc. 28) and Defendants' further reply (Doc. 29) have come before the Court for consideration. Having considered the pleadings, the applicable law, the parties' written submissions, and materials offered in support of their respective positions, the Court GRANTS Defendants' motion in...
ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT Scott W. Skavdahl , United States District Judge . This matter comes before the Court on Defendant's Motion for Summary Judgment on Plaintiffs' claims, which arise out of Plaintiff Kelly Anthony's fall off a horse while participating in a horseback ride provided by Defendant (ECF No. 28). The Court, having considered the briefs and materials submitted in support of the motion and Plaintiffs' opposition thereto, having heard oral...
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS 1 Scott W. Skavdahl , United States District Judge . This matter comes before the Court on the Defendants' Motion to Dismiss (Doc, 26) and supporting brief (Doc. 27). The Northern Arapaho Tribe filed an opposition to the motion (Doc. 38), and Defendant' replied (Doc. 39). Having considered the parties' briefs, the record herein, and being otherwise fully advised, the Court finds and concludes the motion should be granted. BACKGROUND This...
ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ALAN B. JOHNSON , District Judge . Defendant Stryker Corporation's Motion for Summary Judgment (Doc. No. 35), Plaintiffs Wallace and Jeanette Tolman's response (Doc. No. 38), and Defendant's reply (Doc. No. 38) have come before the Court for consideration. After reviewing the parties' submissions, the applicable law, and being fully advised, the Court finds that the motion should be GRANTED for the reasons stated below. BACKGROUND...
OPINION AND ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT ON REMAINING CLAIMS AND OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' CROSS-MOTION FOR SUMMARY JUDGMENT ON PLAINTIFFS' REMAINING CLAIMS ALAN B. JOHNSON , District Judge . Plaintiffs' Motion for Summary Judgment on Remaining Claims (Doc. No. 78), the Eastern Shoshone Tribe's Second Supplement to Eastern Shoshone Tribe Amicus Curiae Brief (Doc. No. 85), Respondents'...
ORDER DENYING PRELIMINARY INJUNCTION SCOTT W. SKAVDAHL , District Judge . This matter comes before the Court on the Northern Arapaho Tribe's Motion for Preliminary Injunction. (Doc. 8.) Defendants filed an opposition to the motion. (Doc. 26.) The Court held an evidentiary hearing on the matter on February 12, 2015. Having considered the evidence and affidavit testimony presented at the hearing, the parties' briefs, the arguments of counsel, the record herein, and being otherwise fully...
