ORDER DANA L. CHRISTENSEN, Chief Judge. Before the Court is Plaintiff John Willink's motion for partial summary judgment. Willink contends that American National Standards Institute ("ANSI") standard B77.1 applies to this matter, and moves the Court to rule on three specific duties B77.1 imposes upon Defendant Boyne as a matter of law. The Court will deny the motion for the reasons explained below. FACTUAL AND PROCEDURAL BACKGROUND On March 28, 2010, John Willink was injured attempting to...
ORDER DANA L. CHRISTENSEN, Chief Judge. Before the Court is Plaintiff North Pacific Insurance Company's ("North Pacific") motion for summary judgment on Defendants' Affirmative Defenses as stated in paragraphs 6 and 7 of the Affirmative Defenses section of Defendants' Second Amended Answer and Counterclaim. Plaintiff contends that whether or not the vehicle driven by Mr. Stucky at the time of his collision with an underinsured motorist is a "temporary substitute for a covered `auto'" is...
ORDER DANA L. CHRISTENSEN, Chief Judge. Before the Court is Defendant Moonlight Basin Management, LLC's ("Moonlight") Rule 12(b)(6) motion to dismiss. Moonlight contends Plaintiff Brian Kopeikin's claim must be dismissed because the complaint alleges an injury resulting from "the inherent dangers and risks of skiing," as defined in Montana Code Annotated 23-2-702, for which Moonlight cannot be held liable. See Mont.Code Ann. 23-2-736(4). The Court has jurisdiction pursuant to 28 U.S.C....
ORDER DANA L. CHRISTENSEN, Judge. INTRODUCTION Plaintiffs filed suit on May 29, 2012, seeking judicial review of the U.S. Forest Service's Record of Decision pursuant to the Administrative Procedures Act, 5 U.S.C. 706 permitting implementation of the Flathead National Forest Precommercial Thinning Project ("Project"). Plaintiffs claim Defendants violate NEPA by approving the Project as a categorical exclusion despite extraordinary circumstances requiring an Environmental Assessment ("EA")...
ORDER DONALD W. MOLLOY, District Judge. I. Background On March 17, 2011 the Office of the Montana Commissioner of Political Practices 1 received three boxes from two individuals in Colorado. Officials in the Commissioner's office examined the contents of the boxes. They determined that the boxes held thousands of pages of documents (the Colorado Documents), including campaign materials for various candidates for state and local elective office in Montana and Colorado and materials...
FINDINGS AND RECOMMENDATION JEREMIAH C. LYNCH, Magistrate Judge. This matter is before the Court on Defendants Alan Doyle, Michael Sargeant, Dan Duryee and Dan Yonkin's Fed. R. Civ. P. 56 motion for summary judgment. For the reasons discussed, the Court recommends that the motion be granted, and this action be dismissed. I. BACKGROUND Plaintiffs are present and former law enforcement officers employed with the Lake County Sheriff's Department in Polson, Montana. Defendant Alan Doyle is...
ORDER DANA L. CHRISTENSEN, Chief District Judge. United States Magistrate Judge Jeremiah C. Lynch issued Findings and Recommendations to dismiss Plaintiffs Terry Leonard, Steven Kendley, Michel Gehl, Ben Woods, and Levi Read's complaint on July 9, 2013. (Doc. 62.) Plaintiffs timely filed objections and are therefore entitled to de novo review of the specified findings and recommendations to which they object. 28 U.S.C. 636(b)(1). The portions of the findings and recommendations not...
ORDER DONALD W. MOLLOY, District Judge. United States Magistrate Judge Jeremiah C. Lynch entered Findings and Recommendation in this matter on August 15, 2013. Neither party objected and therefore they are not entitled to de novo review of the record. 28 U.S.C. 636(b)(1); United States v. Reyna-Tapia, 328 F.3d 1114 , 1121 (9th Cir. 2003). This Court will review the Findings and Recommendation for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309 ,...
ORDER DANA L. CHRISTENSEN, Chief District Judge. United States Magistrate Judge Keith Strong entered Findings and Recommendation on July 2, 2013, and recommended dismissing Plaintiff Warren War Club's second amended complaint with prejudice for failure to state a claim for relief against any of the named Defendants. Plaintiff did not timely object to the Findings and Recommendations, and so has waived the right to de novo review of the record. 28 U.S.C. 636(b)(1). This Court will review...
FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE KEITH STRONG, Magistrate Judge. Judge Christensen, after informing Plaintiff Warren War Club of the standards for stating a viable Eighth Amendment claim and the importance of setting forth specific factual allegations to support such a claim, gave Plaintiff Warren War Club a third opportunity to provide additional information regarding his allegations of denial of medical care for his hernia. In response, Mr. War Club copied his...
ORDER DANA L. CHRISTENSEN, Chief District Judge. This case was referred to United States Magistrate Judge Keith Strong for a revocation hearing and findings and recommendations. Judge Strong entered findings and recommendations on August 19, 2013. Defendant admitted she had violated Special Condition 1 by failing to report for drug testing, violated Standard Condition 6 by failing to report a change in residence to her probation officer, and violated Standard Condition 5 by failing to...
FINDINGS AND RECOMMENDATION TO REVOKE DEFENDANT'S SUPERVISED RELEASE KEITH STRONG, Magistrate Judge. I. Synopsis Ms. Denny was accused of violating her conditions of supervised release by failing to report for drug testing, failing to notify her probation officer prior to a change of residence, and failing to fulfill her employment requirements. She admitted to the violations. Ms. Denny should be incarcerated for 9 months, with no supervised release to follow. II. Status Ms. Denny pled...
ORDER DANA L. CHRISTENSEN, Chief District Judge. United States Magistrate Judge Jeremiah C. Lynch entered Findings and Recommendation in this matter on August 14, 2013. Neither party objected and therefore they are not entitled to de novo review of the record. 28 U.S.C. 636(b)(1); United States v. Reyna-Tapia, 328 F.3d 1114 , 1121 (9th Cir. 2003). This Court will review the Findings and Recommendation for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d...
ORDER KEITH STRONG, Magistrate Judge. Pending before the Court are Plaintiff Ricky Usrey's Renewed Motion for Default Judgment (CD 52), Motion to File a Supplemental Complaint (CD 54), Motion to Make Complaint a Verified Complaint (CD 55), and Motion to File an Amended Complaint (CD 58). The motions will be denied. Mr. Usrey seeks default judgment as a sanction for alleged discovery violations. He contends he has not been provided grievance documents he requested, and that the state has...
ORDER DANA L. CHRISTENSEN, Chief District Judge. United States Magistrate Judge Keith Strong entered Findings and Recommendation in this matter on August 13, 2013. Neither party objected and therefore they are not entitled to de novo review of the record. 28 U.S.C. 636(b)(1); United States v. Reyna-Tapia, 328 F.3d 1114 , 1121 (9th Cir. 2003). This Court will review the Findings and Recommendation for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309 ,...
FINDINGS AND RECOMMENDATION CONCERNING PLEA JEREMIAH C. LYNCH, Magistrate Judge. The Defendant, by consent, has appeared before me under Fed. R. Crim. P. 11 and has entered a plea of guilty to one count of sexual exploitation of children, in violation of 18 U.S.C. 2251(a) (Count IV), as set forth in the Indictment. In exchange for the Defendant's plea, the United States has agreed to dismiss Counts I, II, III, and V of the Indictment. The Indictment also contains a forfeiture allegation,...
ORDER DANA L. CHRISTENSEN, District Judge. United States Magistrate Judge Jeremiah C. Lynch entered Findings and Recommendation in this matter on August 20, 2013. Neither party objected and therefore they are not entitled to de novo review of the record. 28 U.S.C. 636(b)(1); United States v. Reyna-Tapia, 328 F.3d 1114 , 1121 (9th Cir. 2003). This Court will review the Findings and Recommendation for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309 ,...
OPINION & ORDER CHARLES C. LOVELL, District Judge. Before the Court is an Application for Temporary Restraining Order and Preliminary Injunction (ECF No. 1) filed by Plaintiff M.K. Weeden Construction, Inc. ("Weeden") on August 15, 2013. Also before the Court is a Motion to Intervene (ECF No. 7) filed by M. A. DeAtley Construction, Inc. ("DeAtley"), which motion is opposed by Plaintiff Weeden. Background On June 27, 2013, the Montana Department of Transportation ("MDT") advertised for bids...
ORDER DANA L. CHRISTENSEN, Chief District Judge. This case was referred to United States Magistrate Judge Keith Strong for a revocation hearing and findings and recommendations. Judge Strong entered findings and recommendations on August 12, 2013. Defendant admitted she had violated Standard Condition Number Seven by consuming morphine. Judge Strong found the admission sufficient to establish the supervised release violation. He recommended that this Court revoke Defendant's supervised...
FINDINGS AND RECOMMENDATION TO REVOKED DEFENDANT'S SUPERVISED RELEASE KEITA STRONG, Magistrate Judge. I. Synopsis Ms. Running Crane was accused of violating the conditions of her supervised release by consuming morphine without a prescription. She admitted to the violation. Ms. Running Crane should be ordered into United States Bureau of Prisons custody for 9 months, with no supervised release to follow. II. Status Ms. Running Crane pled guilty in 2005 to Conspiracy to Possess...
