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. (...
