146 results for 'court:"USDC Idaho"'.
J. Winmill denies the attorney general's emergency motion to stay the preliminary injunction preventing the attorney general and county from enforcing any provision of Idaho’s Vulnerable Child Protection Act during the pendency of the appeal. The Act prohibits gender-affirming medical care for children. The court has determined that the Act is unconstitutional as it discriminates on the basis of sex and transgender status. "The State is not harmed when a federal court enjoins an unconstitutional law."
Court: USDC Idaho, Judge: Winmill, Filed On: January 16, 2024, Case #: 1:23cv269, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Nye grants a college's motion for summary judgment regarding an instructor's allegations of constructive discharge and violation of the covenant of good faith and fair dealing. The instructor submitted a letter stating concerns that several dental hygiene students had failed their board exams and that another was passed without knowing how to properly give injections. The college's investigation determined that the instructor had not shown any policy violations or shown evidence of retaliation when his supervisor enforced policy or gave him a different course to teach prior to filing his letter of concern.
Court: USDC Idaho, Judge: Nye, Filed On: January 16, 2024, Case #: 1:22cv62, NOS: Other Labor Litigation - Labor, Categories: Employment, Employment Discrimination
J. Brailsford denies the county's motion to dismiss a cell phone tower building and management company's challenge of a denial of its conditional use permit application to construct a cellphone tower. The tower company claims that the tower is needed to address a gap in cellular coverage. The county has not provided evidence to support its claim that the company failed to state a claim for relief
Court: USDC Idaho, Judge: Brailsford, Filed On: January 11, 2024, Case #: 1:23cv127, NOS: Other Statutory Actions - Other Suits, Categories: Communications
J. Winmill grants the government's motion to dismiss employees' allegations of defamation after they were accused of creating a hostile work environment and harassment of a coworker. The employees resigned after an investigation into the coworker's complaints resulted in notices of removal. The employees who conducted the investigation were acting within the scope of their employment, therefore the United States is substituted as the proper defendant. However, these claims may not be brought against the government under the Federal Tort Claims Act and the court does not have subject matter jurisdiction over the claims.
Court: USDC Idaho, Judge: Winmill, Filed On: January 10, 2024, Case #: 4:23cv356, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Employment, Defamation, Contract
J. Patricco denies an environmental group's renewed motion for summary judgment and grants the government's motion for summary judgment regarding a decision memo authorizing a project "designed to reduce the risk or extent of insect or disease infestation and reduce the current and future risk of catastrophic wildfire to people, public and private lands, and infrastructure." The group did not sufficiently put the United States Forest Service on notice of the wildland-urban interface issue and "waived its challenge to the USFS’s use of HFRA’s insect and disease categorical exclusion."
Court: USDC Idaho, Judge: Patricco, Filed On: January 10, 2024, Case #: 2:19cv332, NOS: Environmental Matters - Other Suits, Categories: Environment
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J. Brailsford grants the government's motion to compel and for sanctions in a discovery dispute. The government issued a hold on a couple's passports over a delinquent federal income tax liability. The couple initiated a suit seeking to invalidate the IRS’s delinquent tax certification. The government counterclaimed for a monetary judgment against the couple for their unpaid income taxes. The couple dismissed their complaint, leaving the countersuit as the only remaining claim. The couple does not dispute that the information the government seeks is discoverable. The couple is ordered to clarify their answers to interrogatories within 30 days. The government's request for documents in the possession of the couple's former CPA is granted. Because the motion to compel is granted in full, the motion for sanctions is granted.
Court: USDC Idaho, Judge: Brailsford, Filed On: January 8, 2024, Case #: 2:22cv203, NOS: Taxes (U.S. Plaintiff or Defendant) - Federal Tax Suits, Categories: Sanctions, Tax
J. Winmill denies the defendant insurance company's request to exclude "highly prejudicial evidence" in this breach of contract and bad faith lawsuit stemming from a fatal car collision. The insurance company argues that "evidence of the underlying accident is far too prejudicial to be outweighed by its limited probative value." However, the motion in limine is too broad "at this stage of litigation."
Court: USDC Idaho, Judge: Winmill, Filed On: January 4, 2024, Case #: 1:21cv498, NOS: Other Contract - Contract, Categories: Insurance, Discovery, Contract
J. Winmill denies a county prosecutor's and attorney general's motion to dismiss a lawsuit challenging the constitutionality of Idaho’s Vulnerable Child Protection Act, which precludes health care professionals from providing medical treatment to transgender children for gender dysphoria. "Idaho’s Vulnerable Child Protection Act violates the Fourteenth Amendment." The individuals' motion for a preliminary injunction is granted, as they have shown a strong likelihood of success on the merits of their claims. "Attorney General Labrador and Ada County Prosecutor Bennetts and their successors in office are enjoined from enforcing any provision of House Bill 71 during the pendency of this litigation."
Court: USDC Idaho, Judge: Winmill, Filed On: December 26, 2023, Case #: 1:23cv269, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Brailsford denies an individual's motion for partial summary judgment regarding allegations of excessive force after police fired a less-lethal round at him and released a police dog on him. The individual was arrested after leading police on two car chases then failed to appear in court while he was out on bond. A warrant was issued for his arrest. The individual again led police on a high-speed chase, and after officers found him, they fired a less-lethal round at him, then released a police dog when the individual did not comply with commands to lie face down, and instead reached for his waistband. The individual did not submit a statement of facts supporting his motion for partial summary judgment. The officers are entitled to qualified immunity.
Court: USDC Idaho, Judge: Brailsford, Filed On: December 20, 2023, Case #: 1:22cv105, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Dale denies in part a gym's motion for stay of monetary judgment pending appeal. The gym has "not met their burden in demonstrating the need to depart from the requirement of a full supersedeas security bond." A coach sufficiently alleges that the gym "promised to execute and record a deed of trust pledging certain real estate as collateral under" the Head Coach Employment Agreement, but the gym never executed the pledge. If the gym fails to post the $2.3 million bond in full by January 3, 2024, the stay will be lifted.
Court: USDC Idaho, Judge: Dale, Filed On: December 19, 2023, Case #: 1:20cv380, NOS: Other Contract - Contract, Categories: Contract
J. Grasham denies landowners' motion for summary judgment in a dispute over the use of an irrigation ditch that crosses government land. The landowners seek to quiet title regarding their rights of use of and access to the irrigation ditch from which they receive water for their land. "No easement or right of way existed when the United States acquired ownership of its parcel in 1933," therefore the landowners have not established the existence of an easement or right of way under the Mining Act or the Desert Land Entry Act.
Court: USDC Idaho, Judge: Grasham, Filed On: December 12, 2023, Case #: 4:20cv325, NOS: All Other Real Property - Real Property, Categories: Real Estate
J. Brailsford grants a ranch owner's motion for summary judgment in a property purchase dispute with a neighbor. The seller-neighbor violated the 60-day agreed upon timeframe for the ranch owner to consider meeting another buyer's offer on the neighboring property. When the ranch owner notified the neighbor of his intent to meet the other buyer's offer, "an enforceable contract arose between" them.
Court: USDC Idaho, Judge: Brailsford, Filed On: December 8, 2023, Case #: 3:22cv216, NOS: All Other Real Property - Real Property, Categories: Real Estate, Contract
J. Winmill grants in part motions in limine in a matter involving an employee's allegations that she was sexually harassed by her supervisor, and that the company retaliated against her after she complained. The supervisor's prior conviction for sexual battery against a company employee who was a minor is excluded "because its probative value is substantially outweighed by the danger of unfair prejudice," but the court may reconsider this preliminary decision. The employee may present “Me Too” evidence to show that the supervisor's sexual harassment in the workplace was pervasive.
Court: USDC Idaho, Judge: Winmill, Filed On: December 8, 2023, Case #: 4:19cv287, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Winmill grants in part an employee's motion for sanctions in a suit where she alleges that her supervisor sexually harassed her. During litigation, the employer was sanctioned for concealing evidence and misrepresenting facts and later held in contempt for failing to make any effort to pay the employee's award of attorney fees. The employee now alleges discovery misconduct relating to other evidence. The employer's failure to produce the documents prejudiced the employee. The employer is prohibited from contesting the employee's claim that the company had fifteen or more employees, finding "this less drastic remedy is a sufficient sanction."
Court: USDC Idaho, Judge: Winmill, Filed On: December 4, 2023, Case #: 4:19cv287, NOS: Employment - Civil Rights, Categories: Employment, Sanctions, Discovery
J. Dale denies an aviation group's motion to intervene as defendants in a matter in which environmental groups challenge the government's actions to authorize and maintain allegedly unlawful private aircraft landings within the Big Creek watershed of the Frank Church-River of No Return Wilderness in central Idaho. The aviation group's members use the landing strips. The aviation group has not shown that it has inadequate representation by the state or Forest Service.
Court: USDC Idaho, Judge: Dale, Filed On: November 20, 2023, Case #: 1:23cv295, NOS: Environmental Matters - Other Suits, Categories: Environment, Aviation
J. Nye grants in part an individual's motion for extension of time to complete discovery regarding allegations of violations of her First, Fourth, and Fifth Amendment rights as a result of a traffic stop for speeding that led to a vehicle search with a K9 unit, after a deputy alleged he saw possible evidence of marijuana in her glove box. During the search, officers did not find anything illegal in her vehicle. "Whether there was probable cause to search the vehicle is critical to the outcome of this case," therefore the court grants the individual's request for information pertaining to the officer's training.
Court: USDC Idaho, Judge: Nye, Filed On: November 16, 2023, Case #: 1:22cv222, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Brailsford denies a construction equipment rental and logistics company's motion for preliminary injunction to enjoin its competitor from using its customer database which it alleges was accessed by former employees who were hired by the competitor. The company has not shown a likelihood to succeed on the merits of its allegations that the competitor misappropriated its trade secrets, as it has not provided evidence that the competitor or its employees misappropriated the consumer database. The company offers no forensic evidence that former employees downloaded information from the database or accessed the database after their employment ended.
Court: USDC Idaho, Judge: Brailsford, Filed On: November 13, 2023, Case #: 1:22cv430, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Injunction
J. Patricco denies an individual's motion to dismiss for lack of jurisdiction a professor's allegations of defamation after the individual "posted over 100 sensational TikTok videos falsely claiming that [the professor] had an inappropriate romantic affair with one of the victims [of a murder] and then ordered the murders to prevent the affair from coming to light." The court has subject matter jurisdiction as well as personal jurisdiction and the venue is proper in this district.
Court: USDC Idaho, Judge: Patricco, Filed On: November 13, 2023, Case #: 3:22cv521, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation
J. Grasham grants an individual and organizations' motion for preliminary injunction to enjoin the State from enforcing Idaho’s abortion trafficking statute, Idaho Code Section 18-623, which criminalizes adults who assist pregnant minors who are seeking abortions. The individual and two organizations who provide assistance to pregnant people, including minors, allege the statute is unconstitutionally void for vagueness and infringes on the fundamental right to intrastate travel. The organization and individual's "facial vagueness challenge further establishes a constitutional interest upon which Article III standing can be tested pre-enforcement." The statute "plainly prevents Plaintiffs from engaging in their intended protected activities of communicating information, advocacy, support, assistance, funding, and association with minors located in Idaho who are seeking to procure or obtain legal abortion services."
Court: USDC Idaho, Judge: Grasham, Filed On: November 8, 2023, Case #: 1:23cv323, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Grasham denies in part the state's motion to dismiss an individual and organizations' claim that Idaho’s criminal abortion trafficking statute, Idaho Code Section 18-623, is unconstitutional. The organization and individual have stated plausible claims that the statute violates their constitutional rights under the First and Fourteenth Amendments and that it infringes on their right to interstate travel.
Court: USDC Idaho, Judge: Grasham, Filed On: November 8, 2023, Case #: 1:23cv323, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Winmill denies in part the Idaho Department of Health and Welfare's motion to dismiss a mother's allegations of violations of the Due Process and Equal Protection Clauses of the Fourteenth Amendment and the Idaho Constitution after she was reported for child neglect when she tested positive for THC shortly after giving birth. The mother alleges that her marijuana use was medical, to treat extreme nausea, and that she was not provided with sufficient process before being placed on the Central Registry for ten years. Individuals are not given an opportunity to present evidence or arguments in their favor while the initial determination and administrative review are conducted, which creates "a considerable risk of error." The mother has plausibly pleaded that additional process is due. The mother is granted leave to amend her equal protection and Idaho Constitution claims.
Court: USDC Idaho, Judge: Winmill, Filed On: November 3, 2023, Case #: 1:23cv131, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Nye denies a trustee's petition to quash state court proceedings for lack of capacity and her application for emergency injunction and temporary restraining order to halt all litigation in a dispute between the trustee and a successor trustee and contingent beneficiary. The court lacks jurisdiction over the matter and remands to state court.
Court: USDC Idaho, Judge: Nye, Filed On: November 2, 2023, Case #: 3:23cv388, NOS: Other Contract - Contract, Categories: Contract
J. Dale denies a company's motion to set aside default in a contract dispute. The company's attorney filed a motion to withdraw and the company did not obtain new representation within the 21-day period. The company's "repeated failures to obtain new counsel in compliance with the Court’s orders amounts to a willful and bad faith failure to respond."
Court: USDC Idaho, Judge: Dale, Filed On: October 31, 2023, Case #: 1:22cv323, NOS: Other Contract - Contract, Categories: Contract
J. Patricco denies a company's motion for summary judgment regarding a speaker's allegations that he was not paid his full commission based on sales produced as a result of the speaker's presentation and follow-up with potential customers. The speaker has shown that a contract existed between the parties and has also shown that his estimates on the total sales came from a podcast, YouTube video and spreadsheet provided by the company, and therefore his damages estimate is not speculative.
Court: USDC Idaho, Judge: Patricco, Filed On: October 30, 2023, Case #: 1:22cv173, NOS: Other Contract - Contract, Categories: Contract
J. Nye denies the Sexuality and Gender Alliance plaintiffs' request for a preliminary injunction pending the appeal in this case challenging the constitutionality of a newly-enacted statute, S.B. 1100. The plaintiffs' motion is moot, as the Ninth Circuit has "ruled on the matter and stayed the Court's decision."
Court: USDC Idaho, Judge: Nye, Filed On: October 27, 2023, Case #: 1:23cv315, NOS: Constitutionality of State Statutes - Other Suits, Categories: Civil Procedure, Constitution, Lgbtq