MEMORANDUM DECISION AND ORDER CANDY W. DALE, United States Magistrate Judge. INTRODUCTION Before the Court is Defendant Patrick Donahoe's Motion for Summary Judgment filed pursuant to Fed.R.Civ.P. 56(c). (Dkt. 23.) Donahoe, the Postmaster General of the United States Postal Service, requests summary judgment on the two claims former postal service employee Michael Bushfield asserts in his Complaint, filed on May 26, 2011. Bushfield alleges both interference and retaliation under 29 U.S.C....
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief Judge. INTRODUCTION The debtors appeal from the bankruptcy court's decision sustaining the trustee's objections to the debtors' claimed exemptions in annuity contracts. For the reasons explained below, the Court will reverse. BACKGROUND The debtors in these cases purchased annuity contracts before filing their bankruptcy petitions. The common theme in the annuity contracts is that they contain different payout options and, at the time...
MEMORANDUM DECISION AND ORDER RE: PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT (Docket No. 32) DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (Docket No. 36) RONALD E. BUSH, United States Magistrate Judge. Now pending before the Court are (1) Plaintiffs' Motion for Partial Summary Judgment (Docket No. 32), and (2) Defendants' Motion for Summary Judgment (Docket No. 36). Having carefully considered the record, participated in oral argument, and otherwise being fully advised, the Court enters the...
MEMORANDUM DECISION AND ORDER ON MOTION TO DISMISS RONALD E. BUSH, United States Magistrate Judge. Pending before the Court is Defendants Motion to Dismiss (Dkt. 19). Having considered the briefing and counsels' oral arguments, and otherwise being fully advised, this motion is denied, in part, and granted, in part, for the reasons explained below. INTRODUCTION Defendant Elmore County terminated the employment of Plaintiff Misty Sommer ("Sommer") on October 4, 2010. Compl., 32 (Dkt. 1)....
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief Judge. INTRODUCTION The Court has before it a motion for preliminary injunction filed by plaintiff MWI. The Court heard oral argument on August 29, 2012, and took the motion under advisement. For the reasons explained below, the Court will grant the motion. FACTUAL BACKGROUND In 1997, Harold Wotton formed a business called Securos to sell products in the field of veterinary orthopedics. Six years later he formed another business — IVDN —...
MEMORANDUM DECISION AND ORDER RE: DEFENDANTS' MOTION FOR JUDICIAL NOTICE (Docket No. 6) DEFENDANTS' MOTION FOR JUDICIAL NOTICE IN SUPPORT OF REPLY MEMORANDUM IN SUPPORT OF MOTION TO DISMISS (Docket No. 16) and REPORT AND RECOMMENDATION RE: DEFENDANTS' MOTION TO DISMISS (Docket No. 5) PLAINTIFF'S MOTION FOR LEAVE TO AMEND THE COMPLAINT AND EXTEND THE SCHEDULING ORDER DEADLINE (Docket No. 19) RONALD E. BUSH, Magistrate Judge. Now pending before the Court are Defendants' (1) Motion to...
MEMORANDUM DECISION AND ORDER RE: DEFENDANTS' MOTION TO TAKE JUDICIAL NOTICE (Docket No. 13) DEFENDANTS' MOTION FOR JUDICIAL NOTICE IN SUPPORT OF REPLY MEMORANDUM IN SUPPORT OF MOTION TO DISMISS (Docket No. 20) and REPORT AND RECOMMENDATION RE: DEFENDANTS' MOTION TO DISMISS (Docket No. 12) RONALD E. BUSH, Magistrate Judge. Now pending before the Court are Defendants' (1) Motion to Dismiss (Docket No. 12), (2) related Motion to Take Judicial Notice (Docket No. 13), and (3) Motion for...
MEMORANDUM DECISION AND ORDER RONALD E. BUSH, Magistrate Judge. Pending before the Court in this habeas corpus action is Respondent's Motion for Summary Dismissal (Dkt. 11). Both parties have consented to the jurisdiction of a United States Magistrate Judge to enter final orders in this case. (Dkt. 4, 9, 10.) See 28 U.S.C. 636(c) and Fed. R. Civ. P. 73. Petitioner has not filed a response, instead asserting that the issues raised are too complex for him to respond intelligently. He...
MEMORANDUM DECISION AND ORDER CANDY W. DALE, Chief Magistrate Judge. INTRODUCTION This case represents the fourth time since 2001 that a federal court has been asked to review a decision by the Secretary of the Interior concerning whether Lepidium papilliferum (commonly known as slickspot peppergrass) should be listed as an endangered or threatened species under the Endangered Species Act. 1 On October 8, 2009, the Secretary published a Final Rule in the Federal Register listing L....
MEMORANDUM ORDER EDWARD J. LODGE, District Judge. INTRODUCTION Pending before the Court in the above-entitled matter are Plaintiff's Motion for Summary Judgment and related Motion to Strike. (Dkt. 14, 24.) Having fully reviewed the record, the Court finds that the facts and legal arguments are adequately presented in the briefs and record. Accordingly, in the interest of avoiding further delay, and because the Court conclusively finds that the decisional process would not be significantly...
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief District Judge. INTRODUCTION The Court has before it Defendants' Motion for Summary Judgment (Dkt. 31). The Court heard oral argument on August 2, 2012 and took the matter under advisement. For the reasons explained below, the Court will deny the motion. FACTUAL BACKGROUND Plaintiff Angela Staley alleges she was terminated from her position with Defendants U.S. Bank National Association and U.S. Bancorp (together "U.S. Bank") because she...
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief District Judge. On June 6, 2012, the Court dismissed Plaintiff's civil rights Complaint with prejudice for failure to show an actual injury to his right of access to the courts as required by Lewis v. Casey, 518 U.S. 343 , 349 (1996). ( See Memorandum Decision and Order, Dkt. 61.) Plaintiff now asks the Court to reconsider its ruling. Although Plaintiff does not identify the authority upon which he bases his Motion, a party may request...
ORDER B. LYNN WINMILL, Chief District Judge. INTRODUCTION The Court has before it Rossman Law Group, PLLC's Motion for Reconsideration (Dkt. 60). ANALYSIS A motion to reconsider an interlocutory ruling requires an analysis of two important principles: (1) Error must be corrected; and (2) Judicial efficiency demands forward progress. The former principle has led courts to hold that a denial of a motion to dismiss or for summary judgment may be reconsidered at any time before final judgment....
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief District Judge. INTRODUCTION The Court has before it Plaintiff Wells Cargo, Inc.'s Motion for Partial Summary Judgment, or Alternatively for Declaratory Relief, Regarding Retrospective Premium Endorsement (Dkt. 124), Transport Insurance Company's Motion for Partial Summary Judgment Regarding Retrospective Premium (Dkt. 125), Plaintiff's Motion to Stay (Dkt. 133), and Plaintiff's Motion to Strike Declaration of Expert Witness James A....
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief District Judge. INTRODUCTION Before the Court is Plaintiff Sterling Savings Bank's Motion for Partial Summary Judgment (Dkt. 30) and Sterling's Motion to Strike (Dkt. 36) against the Defendants, The Turf Corporation, The Turf Company, LLC, Pleasure Turf, LLC and The Turf Company of Nevada, Inc. (the "Turf Defendants" or "Turf"). For the reasons set forth below, the Court will grant Sterling's summary judgment motion and deny the motion to...
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief District Judge. Pending before the Court is Juan Antonio Zavala's Amended Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. 2255 (Dkt. 14). Having reviewed the Amended Motion, the Government's Response (Dkt. 21), Zavala's Reply (Dkt. 26), and the underlying criminal record, and having conducted an evidentiary hearing, the Court enters the following Order denying the Amended Motion for the reasons stated at the...
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief District Judge. INTRODUCTION The Court has before it two motions to dismiss for lack of subject matter jurisdiction filed by Defendant Pure Power, LLC. The motions are fully briefed and at issue. For the reasons explained below, the Court will deny both motions. BACKGROUND Plaintiffs Navistar, Inc. ("Navistar"), PurePower Technologies, LLC, and International Engine Intellectual Property Company, LLC ("International Engine"), brought suit...
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief District Judge. INTRODUCTION In December 2011, this Court granted certain defendants' motions to dismiss, though it allowed plaintiffs to amend as to four defendants: (1) Potandon Produce LLC, (2) United II Potato Growers of Idaho, Inc. (United II), (3) Idahoan Foods, LLC, and (4) R.D. Offutt Co. Plaintiffs filed amended complaints against these defendants and also named a new individual defendant — Ronald D. Offutt, Jr. All these...
ORDER B. LYNN WINMILL, Chief District Judge. Before the Court is Defendant Maria Vidriezca-Guzman's Motion for Early Termination of Probation (Dkt. 651). The government does not oppose the Motion. Notice of Non-Opp., Dkt. 652. For reasons discussed below, the Court will grant the Motion. BACKGROUND On May 18, 2005, Defendant was named with 14 co-defendants in a 12 count complaint alleging controlled substance violations, criminal enterprise, and drug forfeiture. Compl., Dkt. 1. The...
ORDER B. LYNN WINMILL, Chief District Judge. Pursuant to the status conference held on July 19, 2012, and in order to assist the Court in preparing the next Case Management Order in this case, the Court enters the following Order: ORDER IT IS ORDERED: 1. Although the Court will not issue its Case Management Order until after it receives the parties responses to the items listed below, the following discovery shall commence on July 23, 2012 : a. Each group of plaintiffs (direct...
