MEMORANDUM AND ORDER REGARDING DISCOVERY MOTIONS AND DISPOSITIVE MOTIONS, INCLUDING MOTIONS FOR SUMMARY JUDGMENT AND ANALOGOUS MOTIONS TO DISMISS IN CIVIL CASES ALAN B. JOHNSON , District Judge . This Memorandum and Order addresses motions for discovery and dispositive motions, including motions for summary judgment under Federal Rule of Civil Procedure 56, and motions to dismiss under Rule 12(b)(6) that ask this Court to consider matters outside the pleadings. Hereafter, the following...
ORDER DISMISSING MOTION TO VACATE SENTENCE SCOTT W. SKAVDAHL , District Judge . This matter comes before the Court on Petitioner/Defendant Paul Allen Miller's Motion to Vacate Sentence under 28 U.S.C. 2255. The Court, having considered the briefs and materials submitted in support of the motion and the Government's response thereto, having reviewed the record and being otherwise fully advised, FINDS and ORDERS that the motion should be dismissed. BACKGROUND On January 14, 2015,...
ORDER SETTING CONDITIONS OF RELEASE MARK L. CARMAN , Magistrate Judge . IT IS ORDERED that the release of the defendant is subject to the following conditions: (1) The defendant shall not commit any offense in violation of federal, state or local law while on release in this case. (2) The defendant shall immediately advise the court, defense counsel and the U.S. attorney in writing of any change in address and telephone number. (3) The defendant shall appear at all proceedings as...
ORDER SETTING CONDITIONS OF RELEASE MARK L. CARMAN , Magistrate Judge . IT IS ORDERED that the release of the defendant is subject to the following conditions: (1) The defendant shall not commit any offense in violation of federal, state or local law while on release in this case. (2) The defendant shall immediately advise the court, defense counsel and the U.S. attorney in writing of any change in address and telephone number. (3) The defendant shall appear at all proceedings as...
ORDER GRANTING MOTION TO DISMISS Scott W. Skavdahl , United States District Judge . The above-captioned matter comes before the Court on Defendants' Motion to Dismiss Plaintiffs' Amended Complaint for failure to state a claim upon which relief may be granted. (ECF No. 58). For those reasons set forth below the Court finds Defendants' Motion should be granted. I. BACKGROUND Plaintiffs Western Watersheds Project (Western Watersheds), National Press Photographers Association (NPPA),...
ORDER ON PETITIONS FOR REVIEW OF FINAL AGENCY ACTION SCOTT W. SKAVDAHL , District Judge . This matter comes before the Court on the Petitions for Review of Final Agency Action filed separately in each of these consolidated actions, challenging the Bureau of Land Management's issuance of regulations applying to hydraulic fracturing on federal and Indian lands. The Court, having considered the briefs and materials submitted in support of the petitions and the oppositions thereto,...
OPINION AND ORDER DENYING DEFENDANTS' MOTION ALAN B. JOHNSON , United States District Judge . Defendants' Motion to Dismiss (Doc. 3) and Plaintiff's opposition there to (Doc. 8) 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 DENIED for the reasons stated below. BACKGROUND AND PARTIES' ARGUMENTS On November 6, 2014, Plaintiff filed a Complaint alleging that...
OPINION, ORDER, AND JUDGMENT ON PLAINTIFFS' MOTION FOR DEFAULT JUDGMENT ALAN B. JOHNSON , District Judge . This matter comes before the Court on Plaintiffs' Motion for Default Judgment. Doc. 34. Having considered the pleadings, the applicable law, the written submissions, materials offered, and Plaintiffs' evidence and arguments presented during the default judgment hearing, the Court FINDS and ORDERS as follows: INTRODUCTION This case is about Plaintiffs' ventures into online gambling...
ORDER DENYING PLAINTIFFS' FIRST MOTION TO COMPEL PRODUCTION OF DOCUMENTS CONCERNING COMMON INTEREST CLAIMS [DOC. 97] Kelly H. Rankin , U.S. Magistrate Judge . This matter is before the Court on Plaintiffs' First Motion to Compel Production of Documents Concerning Common Interest Claims [Doc. 97]. The Court having carefully considered the Motion, Response, and Reply, and being fully advised in the premises, FINDS: BACKGROUND In 2012, Plaintiff Craig Hedquist initiated a campaign to run...
ORDER ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Alan B. Johnson , United States District Judge . This matter comes before the Court on Plaintiff's Motion for Summary Judgment, Doc. 28, Defendants' opposition thereto, Doc. 36, and the parties' oral arguments heard on September 15, 2015. Having considered the pleadings, the applicable law, the parties' written submissions, oral arguments and materials offered in support of their respective positions, the Court finds and orders as follows....
