MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief Judge. INTRODUCTION Plaintiffs Idaho Building and Construction Trades Council, AFL-CIO and the Southwest Idaho Building and Construction Trades Council, AFL-CIO (collectively "Trades Councils") are unincorporated associations comprised of local unions affiliated with the Building and Construction Trades Department, AFL-CIO, which represent building trade workers throughout southern Idaho. Clay Decl. 2, Dkt. 2-2; Moore Decl. 2, Dkt....
MEMORANDUM DECISION AND ORDER CANDY W. DALE, United States Chief Magistrate Judge. INTRODUCTION Before the Court are three motions for summary judgment filed by the parties in two related cases which were joined for the purpose of proceeding before a single judge on September 7, 2011. 1 (Dkt. 14.) In the first case, (2:11-cv-00264-CWD), Hayden Lake Recreational Water and Sewer District (the "District") asks the Court to grant summary judgment on two issues: (1) whether the District may, in...
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief Judge. Before the Court are cross Motions for Summary Judgment by Plaintiffs (Dkt. 29) and Defendants (Dkt. 30). As memorialized in Docket Entry Order 27, the parties agreed that this case can be resolved on stipulated facts in lieu of a bench trial. The parties submitted Stipulated Facts (Dkt. 28) and briefing, and the Court heard oral argument on October 31, 2011. Having fully considered the parties' written and oral arguments, and being...
MEMORANDUM DECISION AND ORDER CANDY W. DALE, United States Chief Magistrate Judge. INTRODUCTION On February 1, 2009, James Albertson sustained fatal injuries while snowmobiling on a groomed trail within in the Caribou-Targhee National Forest located in Fremont County, Idaho. The accident occurred when Mr. Albertson drove onto the state highway at an intersection in the trail, and collided with a passing mini van. Plaintiffs — Janine Albertson (the deceased's wife), BNA (the minor child of...
MEMORANDUM DECISION AND ORDER RE: PLAINTIFF'S EMERGENCY MOTION FOR PRELIMINARY INJUNCTION OR STAY OF EXECUTION RONALD E. BUSH, United States Magistrate Judge. Currently pending before the Court is Plaintiff's Emergency Motion for Preliminary Injunction or Stay of Execution (Docket No. 17). Having carefully reviewed the record, participated in oral argument, and otherwise being fully advised, the Court enters this Memorandum Decision and Order. SUMMARY OF DECISION Plaintiff Paul Ezra...
MEMORANDUM DECISION AND ORDER CANDY W. DALE, United States Chief Magistrate Judge. INTRODUCTION Plaintiffs Patricia Miller and Marcia Parker bring this breach of warranty action under the Magnuson-Moss Warranty Act, 15 U.S.C. 2301 et seq., against Four Winds International Corporation ("Four Winds"). 1 Plaintiffs allege that the motor home they purchased in 2008, which was manufactured and warranted by Four Winds, suffers from numerous defects and that Four Winds failed to repair the...
MEMORANDUM DECISION AND ORDER ON DUPONT'S MOTION FOR SUMMARY JUDGMENT OF FIFE DAIRY, LLC'S CLAIMS B. LYNN WINMILL, Chief Judge. INTRODUCTION The Court has before it defendant DuPont's Fifth Set of Motions for Summary Judgment re Plaintiffs' Fraud, Assumed Duty, and Other Claims (Dkt. 1990, 1990-17). This order focuses on DuPont's request for summary judgment of all claims asserted by Fife Dairy, LLC, Randy Fife, Jean Fife, Sam Fife, Sam Fife and Jenny Fife (collectively, "Fife Dairy")....
MEMORANDUM DECISION AND ORDER CANDY W. DALE, United States Chief Magistrate Judge. INTRODUCTION Arthur Eckermann ("Petitioner") seeks review of the Commissioner of the Social Security Administration's final decision partially denying Petitioner's application for Supplemental Security Income disability benefits under Title XVI of the Social Security Act. (Dkt. 1.) The Court has reviewed the Petition for Review and the Answer, the parties' memoranda, and the administrative record ("AR"),...
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief Judge. Before the Court is a Motion for Summary Judgment (Dkt. 15) by Defendants IHC Health Services, Inc. and Intermountain Healthcare, Inc. (collectively, the Hospital). The Court heard oral argument on September 13, 2011. Having considered the parties' arguments, and being familiar with the record, the Court will deny the motion in part, and grant the motion in part, as more fully expressed below. BACKGROUND Plaintiff Cindy Hurst was...
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief Judge. INTRODUCTION The following motions are pending before the Court in this matter: (1) Defendants Rich Green and Adams County's Motion for Summary Judgment (Dkt. 41); (2) Defendant Butch Gibson's Motion for Partial Summary Judgment (Dkt. 45); (3) Defendant Gibson's Motion to Dismiss (Dkt. 47), joined in by defendants Adams County and Green (Dkt. 65); (4) Plaintiff's Motion to Compel and for Evidentiary Sanctions (Dkt. 53); and (5)...
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief Judge. INTRODUCTION The Court has before it Defendants' Motion to Dismiss (Dkt. 8) and Plaintiff's Motion to Strike (Dkt. 11). For the reasons explained below, the Court will grant Defendants' motion in part and deny it in part, and deny Plaintiff's motion to strike. 1 FACTUAL BACKGROUND Plaintiff, Habib Sadid, a tenured associate professor in Idaho State University's ("ISU") Civil Engineering Department, was terminated by ISU through...
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief Judge. INTRODUCTION The Court has before it Defendant Joint Jerome School District # 261's Motion for Summary Judgment (Dkt. 18). Plaintiff Lisa Atencio argues that she suffers from colitis with possible Crohn's disease. She maintains her condition qualifies as a disability under the Americans with Disabilities Act. According to Atencio, the School District fired her because of her disability. Atencio asserts claims for discrimination and...
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief Judge. INTRODUCTION The Court has before it the Boy Scout Defendants' motion to strike the Second Amended Complaint, or, in the alternative, to dismiss Counts 3 and 4 of the Second Amended Complaint (Dkt. 126), the Boy Scout Defendants' motion to strike response (Dkt. 132), and the LDS Defendants' Motion to Compel (Dkt. 141). BACKGROUND Plaintiff, Tom Doe, was born in 1953. Between 1965 and 1971, Doe was an active member of Boy Scout...
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief Judge. INTRODUCTION The Court has before it a motion to set aside judgment filed by the ranchers/intervenors. The Court held an evidentiary hearing and took the motion under advisement, allowing counsel additional time to file briefing. Those briefs were received on June 27, 2011, and the matter is now at issue. For the reasons explained below, the Court will grant the motion in part, and modify its prior total ban on grazing to allow...
MEMORANDUM DECISION AND ORDER RONALD E. BUSH, United States Magistrate Judge. Currently pending before the Court are: (1) Defendants' Motion for Summary Judgment (Dkt. 77); (2) Defendants' Motion to Dismiss Plaintiff Smith (Dkt. 80); and (3) Defendants' Motion to Strike (Dkt. 96). All parties have consented to the jurisdiction of a United States Magistrate Judge. Dkt. 16. The Court has carefully reviewed the record; considered the oral argument of counsel at the hearing on this matter; and...
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief Judge. INTRODUCTION The Court has before it a motion for preliminary injunction filed by Plaintiffs Idaho Building and Construction Trades Council, AFL-CIO and Southwest Idaho Building and Construction Trades Council, AFL-CIO (Dkt. 2). Plaintiffs move the Court for a restraining order and injunction barring Attorney General Lawrence Wasden from implementing and enforcing Idaho Senate Bill 1007, enacted as Idaho Code 44-2012 and known as...
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief Judge. INTRODUCTION The Court has before it motions for summary judgment filed by the defendants. The Court heard oral argument on June 7, 2011, and took the motions under advisement. For the reasons explained below, the Court will grant the motions in part, dismissing the claims for (1) intentional infliction of emotional distress, (2) violation of the Idaho Human Rights Act, (3) breach of contract, (4) breach of the implied duty of good...
MEMORANDUM DECISION B. LYNN WINMILL, Chief Judge. INTRODUCTION The Court has before it cross motions for summary judgment. The Court heard oral argument on May 25, 2011, and took the motions under advisement. For the reasons explained below, the Court will grant the defendants' motion and deny the plaintiff's motion. BACKGROUND On September 11, 2008, Plaintiff Karl Peterson signed a teaching contract with Bonneville Joint School District # 93 ("District 93") in Idaho Falls. This contract...
MEMORANDUM ORDER EDWARD J. LODGE, District Judge. INTRODUCTION Pending before the Court in the above-entitled matter is Defendant United States Department of the Interior/Bureau of Land Management and United States Department of Agriculture/United States Forest Service's (the "Federal Defendants") Motion to Dismiss Third Amended Complaint. Defendant State of Idaho Outfitters and Guides Licensing Board ("IOGLB") has filed a non-opposition to the Motion. The Motion is made under Federal Rule...
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief Judge. INTRODUCTION Pending before the Court are Movant Elven Joe Swisher's ("Swisher") Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. 2255 (Dkt. 1) and Renewed Motion Under 28 U.S.C. 2255 (Dkt. 18). Having reviewed the Motions, the Government's Response (Dkt. 11), Swisher's Reply (Dkt. 13), 1 and the underlying criminal record, the Court enters the following Order dismissing the 2255 Motion and the Renewed...
