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U.S. District Courts - Idaho
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Brad L. SMITH and Tammie Smith, Plaintiffs, v. LABORATORY CORPORATION OF AMERICA, INC., et al, Defendants. , D.Idaho, November 17, 2009
MEMORANDUM ORDER. EDWARD J. LODGE, District Judge. Plaintiffs, Brad L. Smith and Tammie Smith, initiated this action in state court against Defendants Laboratory Corporation of America, Inc. ("LabCorp") and Jane J. Yin, M.D. ("Dr.Yin"), alleging negligence and seeking declaratory relief. Defendants removed the matter to federal court and Dr. Yin filed a Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(2), for lack of personal jurisdiction, and pursuant to Federal Rule o...
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Robert McCARTHY and Sharon McCarthy, Plaintiffs, v. KOOTENAI COUNTY, et al, Defendants. , D.Idaho, November 12, 2009
MEMORANDUM DECISION & ORDER EDWARD J. LODGE, District Judge. Pending before the Court in the above-entitled matter is Defendants' Motion for Summary Judgment and Motion to Dismiss Plaintiff's State Law Claims (Docket No. 25). Plaintiff filed a response to the motion and Defendants filed a reply. 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 ...
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Samuel L. COGSWELL, Petitioner, v. T. CARLIN, Warden, ICI-O, Respondent. , D.Idaho, November 12, 2009
MEMORANDUM DECISION AND ORDER MIKEL H. WILLIAMS, United States Chief Magistrate Judge. Pending before the Court is Respondent T. Carlin's Motion for Summary Dismissal (Docket No. 10). Both Petitioner Samuel Cogswell (Petitioner) and Respondent T. Carlin (Respondent) have consented to the jurisdiction of a United States Magistrate Judge to determine the matter (Docket No. 14). See28 U.S.C. § 636(c) and Fed.R.Civ.P. 73. Having completed a careful review of the above-entitled action, including t...
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UNITED STATES of America, Plaintiff-Respondent, v. Shawn J. NELSON, Defendant-Movant. , D.Idaho, November 10, 2009
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief Judge. Pending before the Court is Shawn J. Nelson's ("Nelson") Motion to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody Pursuant to 28 U.S.C. § 2255 (Docket No. 1 in CV-08-542-E-BLW). [FN1] Having reviewed the Government's Response (Docket No. 6 in civil case) and Movant's Reply (Docket No. 7 in civil case) as well as the record in the underlying criminal case, the Court enters the following Order dismissing the § 225...
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Larry M. HOAK, Plaintiff, v. I.D.O.C. Warden SMITH, I.C.C. Warden Valdez, and 1-13 Does, Defendants. , D.Idaho, November 9, 2009
Larry M. Hoak, Boise, ID, pro se. James R. Stoll, Kirtlan G. Naylor, Naylor & Hales, P.C., Boise, ID, for Defendants. MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief Judge. INTRODUCTION & PROCEDURAL HISTORY Plaintiffs Larry M. Hoak, Shane Elloyd Romero, Shaun M. Gilbert, Marlin Riggs, Arthur Allen Hoak, Robert L. Meeks, and Michael T. Hayes are or were inmates in the custody of the Idaho Department of Correction (IDOC). Plaintiffs each filed a Complaint alleging that prison officials...
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IDAHO WOOL GROWERS ASSOC., and Dr. Marie S. Bulgin, Plaintiffs, v. Ed SCHAFER, in his official capacity as the Secretary of the United States Department of Agriculture, Gail Kimbell, in her official capacity as the chief of the United States Fores , D.Idaho, November 9, 2009
MEMORANDUM DECISION AND ORDER RE: DEFENDANTS' MOTION TO CLARIFY COURT'S ORDER B. LYNN WINMILL, Chief Judge. INTRODUCTION The Court has before it Defendants' Motion to Clarify Court's Order (Docket No. 39). Having carefully reviewed the record and otherwise being fully advised, the Court enters the following Memorandum Decision and Order: BACKGROUND On July 1, 2009, this Court granted Plaintiffs' Motion for Summary Judgment (Docket No. 23), finding (1) that the RADT Committee and the Payett...
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Eric MUELLER and Corissa D. Mueller, Husband and Wife, Individually, and on behalf of Taige L. Mueller, a Minor, and on behalf of Themselves and Those Similarly Situated, Plaintiffs, v. April K. AUKER; Kimberly A. Osadchuk; Janet A. Fletcher; Barba, D.Idaho, November 9, 2009
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief Judge. INTRODUCTION The Court has before it a motion for summary judgment filed by the State defendants. The Court heard oral argument on October 26, 2009, and took the motion under advisement. For the reasons expressed below, the Court will grant in part the motion, reversing its prior grant of summary judgment to plaintiffs on Eric Mueller's claim that his constitutional rights were violated by defendants' failure to give him post-deprivat...
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Kirk M. JOHN, Tina John, K.J. and H.J., Plaintiffs, v. BINGHAM COUNTY, et al., Defendants. , D.Idaho, November 9, 2009
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief Judge. INTRODUCTION The Court has before it defendants' motion to dismiss. A hearing on the motion was vacated because the briefing was not complete. The final brief was received on October 19,2009, and the matter is now at issue. For the reasons explained below, the Court will deny the motion. ANALYSIS Plaintiffs Kirk and Tina John did not serve their complaint on defendants until 125 days after the filing of the complaint, in violati...
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Kellie H. NELSON, Plaintiff, v. Janet NAPOLITANO, Secretary of the Department of Homeland Security, Defendant. , D.Idaho, November 9, 2009
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief Judge. Before the Court is Defendant United States' Motion to Dismiss (Docket No. 6). The Court has reviewed the pleadings and considered oral argument from hearing on October 13, 2009, and enters the following Memorandum Decision and Order granting the Motion in part, and denying it in part, for the reasons set forth below. I. BACKGROUND Plaintiff Kellie H. Nelson was employed by the Transportation Security Administration ("TSA"), an ag...
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ALBERTSON'S LLC, a Delaware limited liability company, Plaintiff, v. KLEEN-SWEEP JANITORIAL COMPANY, INC., a Tennessee Corporation, Defendant. , D.Idaho, November 9, 2009
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief Judge. INTRODUCTION The Court has before it a Defendant's Motion to dismiss based on a lack of personal jurisdiction (Docket No. 4). The Court heard oral argument on the motion on October 26, 2009, and now issues the following decision. BACKGROUND Plaintiff Albertson's LLC ("Albertson's") is a Delaware limited liability company [FN1] with its principle place of business in Boise, Idaho. Defendant KleenSweep Janitorial Company, Inc. ("Klee...
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Mike WILLIAMS, Plaintiff, v. Dr. CLARK; Kim Miller; Dena Carlson; Rory York; and Diane Kaufmann, Defendants. , D.Idaho, November 9, 2009
MEMORANDUM DECISION AND ORDER EDWARD J. LODGE, District Judge. Pending before the Court in the above-entitled matter is Defendants' Motion to Dismiss and/or for Summary Judgment which was filed on June 19, 2009. Docket No. 17. Plaintiff was mailed the Notice to Pro Se Litigants of the Summary Judgment Requirements on June 26, 2009. Docket No. 19. Plaintiff was given two extensions to file a response to the motion to dismiss. Plaintiff was given until October 27, 2009 to file a response. As of...
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Franklin CHIPPEWA, Sr., Petitioner, v. SHOSHONE-BANNOCK TRIBES FORT HALL INDIAN RESERVATION, IDAHO, Respondent. , D.Idaho, November 9, 2009
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief Judge. The Court has sua sponte reconsidered its Initial Review Order (Docket No. 7) in which it granted Franklin Chippewa, Sr.'s ("Chippewa") application to proceed in forma pauperis, screened his Petition for Writ of Mandamus, and concluded that the Petition alleged facts sufficient to survive the screening required by 28 U.S .C. § § 1915(e)(2) and 1915A. Upon further reflection, the Court has determined that the Petition should be dismi...
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Scott READ, et al., Plaintiffs, v. TETON SPRINGS GOLF & CASTING CLUB, LLC, et al., Defendants. Chris Hamabe, et al., Plaintiffs, v. Teton Springs Golf & Casting Club, LLC, et al., Defendants. , D.Idaho, November 4, 2009
MEMORANDUM DECISION AND ORDER RE: DEFENDANTS RIVER'S EDGE APPRAISAL SERVICE, LLC'S AND CRAIG SMITH'S MOTION TO QUASH RONALD E. BUSH, United States Magistrate Judge. Currently pending before the Court is River's Edge Appraisal Service, LLC's and Craig Smith's (collectively "River's Edge") Motion to Quash (Docket No. 291). [FN1] Having carefully reviewed the record and otherwise being fully advised, the Court enters the following Memorandum Decision and Order: FN1. River's Edge Appraisal Servic...
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GLOBAL SOLUTIONS, LLC, a Nevada limited liability company; Greg Geremesz, an individual, Plaintiffs, v. MD MARKETING, LLC, a South Dakota limited liability company; Mad Dog Research and Manufacturing, LLC, a South Dakota limited liability company; , D.Idaho, November 3, 2009
MEMORANDUM DECISION AND ORDER CANDY W. DALE, United States Chief Magistrate Judge. This matter is before the Court on Defendants MD Marketing, LLC, Mad Dog Research and Manufacturing, LLC, and Rob Crandall's Motion For Leave to File Amended Answer and Counterclaim (Docket No. 51), and Defendants MD Marketing, LLC, Mad Dog Research and Manufacturing, LLC, and Rob Crandall's Motion for Leave to File Third-Party Complaint (Docket No. 52) (the "Motions"). The Court has reviewed the Motions, the p...
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UNITED STATES of America, ex rel. Jennifer PUTNAM, Plaintiff, v. EASTERN IDAHO REGIONAL MEDICAL CENTER; Eastern Idaho Health Services, Inc.; the Board of Trustees of Madison Memorial Hospital, a/k/a, d/b/a Madison Memorial Hospital; Idaho Falls Rec, D.Idaho, November 2, 2009
MEMORANDUM AND ORDER RE: MOTION FOR RECONSIDERATION WILLIAM B. SHUBB, District Judge. On September 8, 2009, the court denied defendants Michelle Dahlberg and Speech and Language Clinic Inc.'s ("defendants") motion to dismiss qui tam Relator Jennifer Putnam's ("Relator") First Amended Complaint for lack of subject matter jurisdiction. Defendants specifically argued that the jurisdictional bar provision of the False Claims Act ("FCA"), 31 U.S.C. § 3730(e) (4)(A), deprived this court of jurisdic...
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ALAMAR RANCH, LLC, Plaintiff, v. COUNTY OF BOISE, Defendant. , D.Idaho, November 2, 2009
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief Judge. INTRODUCTION The Court has before it a motion for return of privileged documents and a motion to strike. The motions are fully briefed and at issue. For the reasons expressed below, the Court will grant in part the motion for return of privileged documents and deny the motion to strike. BACKGROUND Plaintiff Alamar Ranch brought this Fair Housing Act lawsuit against Boise County, alleging that the County improperly blocked its attemp...
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ALAMAR RANCH, LLC, an Idaho limited liability company, and YTC, LLC, an Idaho limited liability company, Plaintiffs, v. COUNTY OF BOISE, a political subdivision of the State of Idaho, Defendant. , D.Idaho, November 2, 2009
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief Judge. Before the Court are a Motion to Quash Subpoenas (Docket No. 15) by nonparty Movants Cheryl and Chris Gammon (Gammons), and Plaintiff's Motion (Docket No. 18) to Strike Portions of the Affidavit of Cheryl Gammon. The motions are fully briefed and at issue. For the reasons expressed below, the Court will deny the Motion to Quash, which renders the Motion to Strike moot. BACKGROUND The above-captioned matter involves allegations by P...
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MELALEUCA, INC., an Idaho corporation, Plaintiff, v. Rick FOELLER and Natalie Foeller, Defendant. , D.Idaho, October 29, 2009
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief Judge. Pending before the Court is a Motion to Remand (Docket No. 4) by Plaintiff Melaleuca, Inc. (Melaleuca). The Court has determined that oral argument would not significantly aid the decisional process, therefore the Court will address the Motion without a hearing. Having reviewed the pleadings of the parties, the Court now enters the following Memorandum Decision and Order granting Plaintiff's Motion, as set forth below. BACKGROUND P...
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Charles Edward LINCOLN III, Plaintiff, v. NORTHWEST TRUSTEE SERVICES, et al., Defendants. , D.Idaho, October 26, 2009
Charles Edward Lincoln, III, Lago Vista, TX, pro se. MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief Judge. INTRODUCTION The Court has before it Plaintiff's Motion For Temporary Restraining Order (Docket No. 2) and Plaintiff's Motion to Substitute Counsel and Continue Hearing (Docket No. 18). ANALYSIS The United States Supreme Court recently articulated the standard for a preliminary injunction as follows: "A plaintiff seeking a preliminary injunction must establish that he is likely ...
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O BAR CATTLE CO., a Utah d/b/a of Jerry Goodwin, Plaintiff/Counterdefendant, v. OWYHEE FEEDERS, INC., an Idaho corporation, Defendant/Counterclaimant. , D.Idaho, October 26, 2009
Dana Herberholz, John N. Zarian, Zarian, Midgley & Johnson, PLLC, Boise, ID, Janna J. Lewis, Sterling A. Brennan, Workman Nydegger, Salt Lake City, UT, for Plaintiff/Counter Defendant. John L. Runft, Jon M. Steele, Runft & Steele Law Offices, Boise, ID, for Defendant. MEMORANDUM DECISION AND ORDER CANDY W. DALE, United States Chief Magistrate Judge. This matter is before the Court pursuant to Plaintiff O Bar Cattle Co.'s Motion for Leave to File First Amended Answer to Owyhee Feeders, In...
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MULTIQUIP, INC., a California Corporation, Plaintiff/Counterdefendant, v. WATER MANAGEMENT SYSTEMS LLC, a Minnesota Limited Liability Company; David Muhs and Diann Muhs, Husband and Wife; and John Does I-X, Defendants/Counterclaimants. , D.Idaho, October 26, 2009
Frank J. Dykas, James L. Cornwell, Scott David Swanson, Dykas, Shaver & Nipper, LLp, Boise, ID, for Plaintiff/Counterdefendant. Eric B. Swartz, Joy M. Bingham, Jones & Swartz PLLC, Boise, ID, Mark S. Hubert, Rick Klingbeil, Pacific Patent Law Group, Portland, OR, Roy B. Thompson, Thompson and Bogran PC, Lake Oswego, OR, for Defendants/Counterclaimants. MEMORANDUM DECISION AND ORDER RE: PLAINTIFF'S MOTION TO STRIKE DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT RONALD E. BUSH, United States...
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Darel HARDENBROOK, an individual, Paul Gooch, an individual and Robert Orloff, an individual, Plaintiffs, v. UNITED PARCEL SERVICE, CO., a Delaware corporation, Defendant. , D.Idaho, October 26, 2009
MEMORANDUM DECISION AND ORDER CANDY W. DALE, United States Chief Magistrate Judge. I. Introduction Pending before the Court is Plaintiffs Hardenbrook, Orloff, and Gooch's (collectively, "Hardenbrook") Motion to Amend Complaint to add a prayer for punitive damages (Docket No. 37) and Defendant United Parcel Service Company's ("UPS") Motion to Strike paragraphs nine and ten of the Affidavit of Jeff Proost (Docket No. 57). The Court conducted a hearing on September 22, 2009. Having carefully rev...
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