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...
