REPORT AND RECOMMENDATION CANDY WAGAHOFF DALE , Magistrate Judge . On December 4, 2018, Defendant RICHARD McCOLLOUGH appeared before the undersigned United States Magistrate Judge to enter a change of plea pursuant to a written plea agreement. The Defendant executed a waiver of the right to have the presiding United States District Judge take his change of plea. Thereafter, the Court explained to the Defendant the nature of the charges contained in the Indictment (Dkt. 1), the maximum...
MEMORANDUM DECISION AND ORDER RE: JONAH ENERGY LLC'S MOTION TO INTERVENE (Docket No. 85) RONALD E. BUSH , Chief Magistrate Judge . Now pending before the Court is Jonah Energy LLC's ("Jonah") Motion to Intervene (Docket No. 85). Having carefully considered the record and otherwise being fully advised, the Court enters the following Memorandum Decision and Order: BACKGROUND The general contours of this case are well known by virtue of the Court having already discussed them in relation...
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL , Chief District Judge . INTRODUCTION Before the Court is Plaintiff Eta Computer, Inc.'s Ex Parte Application for Writ of Attachment (Dkt. 7). For the reasons explained below, the Court will issue an Order to Show Cause, requiring Defendants to appear before this Court on January 2, 2019, at 1:30 p.m. to show cause why a prejudgment writ of attachment should not issue. The Court will also grant plaintiff's request to issue a writ of attachment...
ORDER ADOPTING REPORT AND RECOMMENDATION B. LYNN WINMILL , Chief District Judge . Before the Court is a Report and Recommendation filed by the United States Magistrate Judge. (Dkt. 97). On December 4, 2018, Defendant Richard McCollough appeared before the Magistrate Judge to enter a change of plea pursuant to a written plea agreement. The Magistrate Judge conducted the plea hearing and concluded there is a factual basis for Defendant's plea of guilty to the charges contained in Counts Four...
MEMORANDUM DECISION AND ORDER CANDY W. DALE , Magistrate Judge . INTRODUCTION Pending before the Court is Defendants' motion for summary judgment and related motion to strike. (Dkt. 22, 31.) This case involves allegations by Plaintiffs that Defendants' response to a sexual assault at school between two students, Plaintiff P.R. and L.C., was inadequate. 1 Plaintiffs P.R. and her mother, S.R., claim that Defendants' failure to investigate the incident and appropriately discipline L.C....
REPORT AND RECOMMENDATION CANDY WAGAHOFF DALE , Magistrate Judge . On December 4, 2018, Defendant Jeremy Todd Hill appeared before the undersigned United States Magistrate Judge to enter a change of plea pursuant to a notice of intent to plead guilty. (Dkt. 28). The Defendant executed a waiver of the right to have the presiding United States District Judge take his change of plea. Thereafter, the Court explained to the Defendant the nature of the charges contained in the Indictment (Dkt. 1)...
ORDER ADOPTING REPORT AND RECOMMENDATION B. LYNN WINMILL , Chief District Judge . Before the Court is a Report and Recommendation filed by the United States Magistrate Judge. (Dkt. 31). On December 4, 2018, Defendant Jeremy Todd Hill appeared before the Magistrate Judge to enter a change of plea pursuant to a notice of intent to plead guilty. The Magistrate Judge conducted the plea hearing and concluded there is a factual basis for Defendant's admission to forfeiture and plea of guilty to...
ORDER ADOPTING REPORT AND RECOMMENDATION B. LYNN WINMILL , Chief District Judge . Before the Court is a Report and Recommendation filed by the United States Magistrate Judge. (Dkt. 118). On November 29, 2018, Defendant Raymundo Hernandez appeared before the Magistrate Judge to enter a change of plea pursuant to a written plea agreement. The Magistrate Judge conducted the plea hearing and concluded there is a factual basis for Defendant's plea of guilty to the charges contained in Count One...
REPORT AND RECOMMENDATION CANDY W. DALE , Magistrate Judge . On November 29, 2018, Defendant Raymundo Hernandez appeared before the undersigned United States Magistrate Judge to enter a change of plea pursuant to a written plea agreement. The Defendant executed a waiver of the right to have the presiding United States District Judge take his change of plea. Thereafter, the Court explained to the Defendant the nature of the charges contained in the Indictment (Dkt. 13), the maximum...
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL , Chief District Judge . On December 17, 2018, the Court's staff held a status conference for the purpose of setting a trial date in this matter. Based on that conference, the Court issues the following order: NOW THEREFORE IT IS HEREBY ORDERED that the following deadlines and procedures shall govern the remainder of this litigation: 1. Trial Date: A 5 -day jury trial shall be set for June 3, 2019, at 1:30 p.m. in the Federal...
ORDER B. LYNN WINMILL , Chief District Judge . On December 14, 2018, the Court held a status conference for the purpose of setting a trial date in this matter. Based on that conference, the Court issues the following order: NOW THEREFORE IT IS HEREBY ORDERED that the following deadlines and procedures shall govern the remainder of this litigation: 1. Trial Date: An 11-day trial shall be set for June 7, 2019, at 1:30 p.m. in the Federal Courthouse in Boise, Idaho. Beginning on day two,...
ORDER B. LYNN WINMILL , Chief District Judge . The parties have stipulated to dismiss the claims of plaintiffs John Doe I, John Doe II, and John Doe V. Having reviewed the filings, NOW THEREFORE IT IS HEREBY ORDERED, that the Stipulations (docket nos. 350, 351 & 352) are APPROVED, and the claims of John Doe I, John Doe II and John Doe V, including all claims that were or might have been brought, are DISMISSED WITH PREJUDICE with each party to bear their own respective costs and fees.
REPORT AND RECOMMENDATION RONALD E. BUSH , Chief Magistrate Judge . On November 27, 2018, Defendant appeared before the undersigned United States Magistrate Judge to enter a change of plea pursuant to a written plea agreement. Defendant executed a written waiver of the right to have the presiding United States District Judge take his change of plea. Thereafter, the Court explained to Defendant the nature of the charges, the maximum penalties applicable, his constitutional rights, the...
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL , Chief District Judge . INTRODUCTION Before the Court is Defendant's Motion in Limine Regarding 404(b) Evidence. Dkt. 32. The Government responds to Defendant's Motion with its own Motion for Admission. Dkt. 35. For the following reasons, the Court will partially grant and partially deny both motions. BACKGROUND The defendant in this case, Roy Benitez, has been charged in a single-count indictment with the Possession of an Unregistered...
MEMORANDUM DECISION AND ORDER CANDY W. DALE , Magistrate Judge . On June 13, 2016, the Court re-opened Petitioner Juan A. Jimenez's stayed habeas corpus matter. (Dkt. 12.) Petitioner is proceeding on his Amended Petition. (Dkt. 13.) All named parties have consented to the jurisdiction of a United States Magistrate Judge to enter final orders in this case. See 28 U.S.C. 636(c) and Fed. R. Civ. P. 73. (Dkt. 22.) Pending before the Court is Respondent's Motion for Partial Summary...
MEMORANDUM DECISION AND ORDER DAVID C. NYE , District Judge . I. INTRODUCTION Pending before the Court is Plaintiff Ashtech Corporation's Motion for Entry of Default Judgment. Dkt. 5. This Motion is premature and procedurally improper; therefore, the Court will DENY the Motion at this time. II. DISCUSSION Ashtech requests "judgment by default" against Defendant Outotec Inc. While this may be the eventual outcome in this case—as it appears Ashtech has properly served Outotec and Outotec...
MEMORANDUM DECISION AND ORDER DAVID C. NYE , District Judge . I. INTRODUCTION Pending before the Court is Plaintiff Patent Holder LLC's Motion to Amend/Correct (Dkt. 48) and Defendants Lone Wolf Distributors, Inc, and Lone Wolf R&D, LLC's (collectively "Lone Wolf") two Motions for Summary Judgment (Dkts. 40, 50). 1 On October 23, 2018, the Court held oral argument on all motions and took the matters under advisement. Upon review, the Court now issues the following decision GRANTING...
ORDER ADOPTING REPORT AND RECOMMENDATION B. LYNN WINMILL , Chief District Judge . Before the Court is a Report and Recommendation filed by the United States Magistrate Judge. Dkt. 26. On November 27, 2018, Defendant Robert Scott Osborn appeared before the Magistrate Judge to enter a change of plea pursuant to a written plea agreement. The Magistrate Judge conducted the plea hearing and concluded there is a factual basis for Defendant's plea of guilty to the charges contained in Count One...
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER B. Lynn Winmill , Chief U.S. District Court Judge . INTRODUCTION For more than forty years, the Supreme Court has consistently held that consciously ignoring a prisoner's serious medical needs amounts to cruel and unusual punishment in violation of the Eighth Amendment. See Estelle v. Gamble, 429 U.S. 97 , 103, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976). After all, inmates have no choice but to rely on prison authorities to treat their medical...
MEMORANDUM DECISION AND FOR LEAVE TO FILE THIRD AMENDED COMPLAINT (DKT. 77) RONALD E. BUSH , Chief Magistrate Judge . Pending is Plaintiff's Motion for Leave to File Third Amended Complaint. (Dkt. 77.) Having carefully considered the record, and otherwise being fully advised, the Court enters the following Memorandum Decision and Order. I. PROCEDURAL HISTORY Plaintiff Gregory Lapin filed this action on July 20, 2017, alleging that Defendants violated state and federal laws designed...
