ORDER DONALD W. MOLLOY, Chief Judge. I. Introduction This Order is not a final determination of any issue in the case. The Order only addresses the propriety of granting the extraordinary relief of a preliminary injunction. Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 129 S.Ct. 365 , 374, 172 L.Ed.2d 249 (2008). Nor is the Order a complete analysis of the complex legal questions the parties raise. Because the absence of a ruling hangs like the Sword of Damocles, I am issuing...
ORDER GRANTING MOTION TO DISMISS CAROLYN S. OSTBY, United States Magistrate Judge. Plaintiff Aaron Chambers ("Chambers") initiated this action in Montana state court against Defendants Montana Contractors Association Health Care Trust ("Trust") and Employee Benefit Management Services ("EBMS") under the Employee Retirement Income Security Act ("ERISA"). Am. Cmplt. (Court's Doc. No. 8). Chambers alleges that the Trust, through EBMS, wrongfully denied his health care benefit claims submitted...
ORDER DONALD W. MOLLOY, District Judge. I. Introduction Helena Hunters and Anglers, Alliance for the Wild Rockies, American Wildlands, and Native Ecosystems Council (collectively "Plaintiffs") bring this action seeking judicial review under the Administrative Procedure Act ("APA"), 5 U.S.C. 701-706 and citizen suit provision of the Endangered Species Act ("ESA"), 16 U.S.C. 1540(g), regarding agency actions by the United States Forest Service ("Forest Service"). The challenge concerns...
