141 results for 'court:"USDC Idaho"'.
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
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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
J. Grasham, in a report and recommendation, finds that an individual's motion for entry of default judgment should be denied in a warranty and repair dispute. The dealership's failure to timely answer does not warrant an entry of default judgment.
Court: USDC Idaho, Judge: Grasham, Filed On: October 18, 2023, Case #: 1:22cv449, NOS: Other Contract - Contract, Categories: Contract
J. Nye denies cross-motions to compel regarding an employee relator's allegations of false claims. The False Claims Act does not allow a relator to serve a defendant until the government decides whether it wishes to intervene or to allow the relator to proceed on the government's behalf. The government has moved for dismissal of all claims except the employee's unlawful employment retaliation claim. The employer has not shown that the employee has "possession, custody, or control of any additional medical documents." The employee's "requests are overbroad and would be unduly burdensome to produce."
Court: USDC Idaho, Judge: Nye, Filed On: October 18, 2023, Case #: 4:16cv226, NOS: False Claims Act - Torts - Personal Injury, Categories: Employment, False Claims, Employment Retaliation
J. Nye grants in part an employee's motion for attorney fees. After a reduction for fees for work performed after the offer, she is awarded $54,231 in attorney fees and $3,395 in costs.
Court: USDC Idaho, Judge: Nye, Filed On: October 18, 2023, Case #: 1:22cv64, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Attorney Fees
J. Nye denies the state and school board's motion to dismiss individuals' and a student organization's allegations that Idaho Senate Bill 1100, which requires that public school students use the bathroom or locker room that corresponds with their biological sex, is unconstitutional. "The fact that other courts have found merit in similar claims against the backdrop of regulations similar to S.B. 1100 weighs against finding that Plaintiffs’ claims are wholly implausible." The temporary restraining order on implementing S.B. 1100 will be extended by 21 days to "provide enough time for school districts to identify and designate restrooms, changing facilities, and overnight accommodations in a manner consistent with S.B. 1100."
Court: USDC Idaho, Judge: Nye, Filed On: October 12, 2023, Case #: 1:23cv315, NOS: Constitutionality of State Statutes - Other Suits, Categories: Civil Rights, Constitution
J. Brailsford denies the state's motion to dismiss social justice organizations' allegations that House Bill 340 "is an unconstitutional poll tax in violation of the Twenty-Fourth Amendment and violates the Equal Protection Clause of the Fourteenth Amendment" and that House Bill 124 and 340 violate the Twenty-Sixth Amendment. Bill 340 requires voters to provide proof of identity and Idaho residency. Bill 124 requires registered voters to provide personal identification at the polls in order to vote. The organizations sufficiently allege associational standing "because they have sufficiently alleged redressability and injury-in-fact."
Court: USDC Idaho, Judge: Brailsford, Filed On: October 11, 2023, Case #: 1:23cv107, NOS: Voting - Civil Rights, Categories: Civil Rights, Elections
J. Dale grants in part the government's motion for summary judgment and denies cross-motions to compel regarding an individual's outstanding federal tax assessments. The individual has never filed a 1040A return, has not filed a federal income tax return for multiple tax years and did not file a petition with the tax court challenging the proposed tax assessments. The individual has not presented evidence contesting the amounts of the tax assessments or the validity of the liens.
Court: USDC Idaho, Judge: Dale, Filed On: October 6, 2023, Case #: 2:19cv421, NOS: Taxes (U.S. Plaintiff or Defendant) - Federal Tax Suits, Categories: Tax
J. Dale denies an employer's motion to reconsider in an employment dispute. An employee alleged that his coaching contract was terminated without cause. A jury found in favor of the employee and awarded him $660,000. The employer seeks a determination that the award does not count as wages under the Idaho Wage Claim Act, preventing the employee from recovering trebled damages. The court did not err in determining that the damages provision in the agreement fell under the Idaho Wage Claim Act, therefore the trebling provision applies to the jury's award.
Court: USDC Idaho, Judge: Dale, Filed On: October 6, 2023, Case #: 1:20cv380, NOS: Other Contract - Contract, Categories: Employment, Contract
J. Dale grants a bank's motion for summary judgment in a dispute over a business loan. The business defaulted on the loan by failing to make payments, filing to cure the liquidity requirement, and failing to replenish the reserve account minimum balance. The business has not appeared through an attorney within 21 days of withdrawal of their counsel and have not raised any evidence to dispute the material facts.
Court: USDC Idaho, Judge: Dale, Filed On: October 5, 2023, Case #: 1:23cv77, NOS: Other Contract - Contract, Categories: Contract