ORDER FOR DISMISSAL DANIEL L. HOVLAND, District Judge. Before the Court is Defendant Carol K. Olson's motion to dismiss filed on October 13, 2010. See Docket No. 18. The Plaintiffs filed a response in opposition to Olson's motion on November 4, 2010. See Docket No. 24. Olson filed a reply brief on November 9, 2010. See Docket No. 26. Also before the Court is Defendant Mary Hermanson's motion to dismiss filed on November 15, 2010. See Docket No. 32. The Plaintiffs filed a response on...
ORDER DENYING DEFENDANTS' MOTIONS FOR PARTIAL SUMMARY JUDGMENT DANIEL L. HOVLAND, District Judge. Before the Court is Defendant Berthold Farmers' Elevator LLC's motion for partial summary judgment filed on August 24, 2010. See Docket No. 55. The Plaintiffs filed a response in opposition to the motion on September 10, 2010. See Docket No. 62. Defendant BNSF Railway Company filed a response taking no position on the motion on September 14, 2010. See Docket No. 63. Defendants Roland S....
SENTENCING MEMORANDUM DANIEL L. HOVLAND, District Judge. A two-count indictment was filed against the defendant, James Lee McGowan, on December 10, 2009, charging him with felon and fugitive in possession of a firearm and ammunition, in violation of 18 U.S.C. 922(g)(1), 922(g)(2), and 924(a)(2). McGowan entered a plea of guilty to count one on August 2, 2010, pursuant to a written plea agreement. See Document No. 29. The Court ordered a Presentence Investigation Report (PSR) to be...
ORDER DENYING PLAINTIFF'S MOTION FOR INJUNCTION DANIEL L. HOVLAND, District Judge. Before the Court is the Plaintiff's "Motion to Prohibit Defendant from Continuing to Litigate the TM2I Guaranty in the Nevada Action" filed on July 21, 2010. See Docket No. 126. On August 11, 2010, the Defendant filed a response in opposition to the motion. See Docket No. 132. The Plaintiff filed a reply brief on August 18, 2010. See Docket No. 135. For the reasons set forth below, the Court denies the...
ORDER DENYING PLAINTIFFS' MOTION TO REMAND DANIEL L. HOVLAND, District Judge. Before the Court is the Plaintiffs' "Motion for Resistance to Removal and Request to Remand" filed on August 12, 2010. See Docket No. 4. The Defendant filed a response in opposition to the motion on August 26, 2010. See Docket No. 8. The Plaintiffs filed a reply brief on September 3, 2010. See Docket No. 12. For the reasons outlined below, the motion is DENIED. I. BACKGROUND On July 23, 2010, the...
ORDER DENYING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT DANIEL L. HOVLAND, District Judge. Before the Court are the Plaintiffs' and the Defendant's motions for summary judgment filed on June 30, 2010. See Docket Nos. 11 and 14. The parties filed responses on July 26, 2010. See Docket Nos. 21 and 22. The parties filed reply briefs on August 9, 2010. See Docket Nos. 24 and 25. For the reasons set forth below, the Plaintiffs' motion for...
ORDER DENYING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION DANIEL L. HOVLAND, District Judge. Before the Court is the Plaintiff's Motion for Preliminary Injunction filed on March 11, 2010. See Docket No. 10. The Plaintiff filed a supplement to his motion on March 24, 2010. See Docket No. 11. The Defendants filed a response in opposition to the motion on April 7, 2010. See Docket No. 12. For the reasons set forth below, the Plaintiff's motion for a preliminary injunction is denied. I....
ORDER REGARDING SUBJECT MATTER JURISDICTION DANIEL L. HOVLAND, District Judge. Before the Court is Defendants Roland S. Pederson and KC Transport's Motion "Regarding Subject Matter Jurisdiction" filed on March 1, 2010. See Docket No. 39. Defendant BNSF Railway Company joined in Pederson and KC Transport's motion on March 9, 2010. See Docket No. 45. The Plaintiffs joined in the motion on March 10, 2010. See Docket No. 46. For the reasons set forth below, the Court finds that it has...
ORDER ON RESTITUTION DANIEL L. HOVLAND, District Judge. The matter before the Court is the issue of whether the defendant, Louis J. Solsbury, should be ordered to pay restitution. On April 26, 2010, Solsbury pled guilty to the receipt of materials involving the sexual exploitation of minors in violation of 18 U.S.C. 2252(a)(2) and 2252(b)(1). See Docket No. 30. On June 16, 2010, the Government moved for a restitution order on behalf of an individual who was portrayed in a series of...
ORDER GRANTING DEFENDANT'S MOTION TO COMPEL ARBITRATION DANIEL L. HOVLAND, District Judge. Before the Court is the Defendant's motion to compel arbitration filed on February 9, 2010. See Docket No. 3. The Plaintiff filed a response in opposition to the motion on February 17, 2010. See Docket No. 6. The Defendant filed a reply brief on February 24, 2010. See Docket No. 7. For the reasons set forth below, the motion is granted. I. BACKGROUND Plaintiff Rory Stroklund is a resident of...
ORDER DANIEL L. HOVLAND, District Judge. Before the Court is Defendants KC Transport, LLC and Roland S. Pederson's motion for partial summary judgment on various cross-claims filed on November 12, 2010. See Docket No. 77. Defendant BNSF Railway Company filed a response in opposition to the motion on December 2, 2010. See Docket No. 87. Defendant Berthold Farmers' Elevator, LLC did not file a response. For the reasons stated below, the Court denies in part and grants in part KC Transport,...
ORDER ADOPTING REPORT AND RECOMMENDATION RALPH R. ERICKSON, Chief Judge. The Court has received a Report and Recommendation from the Honorable Karen K. Klein, United States Magistrate Judge, pursuant to 28 U.S.C. 636, recommending Defendant's motion to dismiss, converted to a motion for summary judgment, be granted and Plaintiffs complaint be dismissed (Doc. # 44). Plaintiff filed objections to the Report and Recommendation, contending the magistrate judge erred by relying on Twombly v....
ORDER DANIEL L. HOVLAND, District Judge. Before the Court are the Defendants' motions for summary judgment filed on December 22, 2009 and December 29, 2009. See Docket Nos. 20 and 22. The Plaintiff filed responses in opposition to the motions on January 28, 2010. See Docket Nos. 25 and 26. Defendant Komatsu America Corp. filed a reply brief on February 4, 2010. See Docket No. 28. For the reasons set forth below, the motions are granted in part and denied in part. I. BACKGROUND...
ORDER DANIEL L. HOVLAND, District Judge. Before the Court are the Plaintiffs' and Third-Party Defendant's "Motion for Partial Summary Judgment on Plaintiffs' Breach of Contract Claim and Motion for Summary Judgment on Defendants' Counter-Claims" and the Defendants' and Counter-Claimants' Motion for Summary Judgment filed on October 1, 2009. See Docket Nos. 99 and 104. The Defendants filed a response in opposition to the Plaintiffs' and Third-Party Defendant's motion on November 2, 2009....
