16 results for 'judge:"Dale"'.
J. Dale denies in part an airport baggage handling system company's motion to dismiss a business partner's claims for civil conspiracy, tortious interference with prospective economic advantage and tortious interference with contract. The business partner, who was the prime contractor, began negotiations to acquire the other company. After negotiations broke down, the business partner became concerned that the company was not complying with the teaming agreement and alleges that the president of the company made false allegations about the business partner to stop the acquisition from moving forward. The business partner has plausibly stated a tortious interference with prospective economic advantage claim.
Court: USDC Idaho, Judge: Dale, Filed On: April 2, 2024, Case #: 1:23cv499, NOS: Other Contract - Contract, Categories: Interference With Contract, Contract
J. Dale grants the county and sheriff's office's motion for attorney fees in a matter in which the court found that an individual's "counsel knowingly presented to the jury an inaccurate and incomplete portrayal of compensation tendered to and promised to be paid by Plaintiff to a critical witness... in connection with her trial testimony." The court found that this misconduct interfered with the county and sheriff's department's ability to fairly present their case. The parties later settled. The individual's "counsel acted recklessly in filing the motion to set aside the Court’s judgment of dismissal, thereby unreasonably and vexatiously multiplying the proceedings in this matter." The county and sheriff's office are awarded $14,273 in attorney fees.
Court: USDC Idaho, Judge: Dale, Filed On: March 29, 2024, Case #: 1:18cv550, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Ada / Rehabilitation Act, Tort, Attorney Fees
J. Dale grants an employee's motion for attorney fees regarding allegations that his employer breached his head coach agreement by firing him as the head wrestling coach without cause. A jury found in favor of the employee. As the prevailing party, the employee is awarded $911,643 in attorney fees.
Court: USDC Idaho, Judge: Dale, Filed On: March 28, 2024, Case #: 1:20cv380, NOS: Other Contract - Contract, Categories: Employment, Attorney Fees, Contract
J. Dale grants in part environmental groups' motion for summary judgment regarding their challenge of Idaho Senate Bill 1211, which authorizes wolf trapping and snaring in grizzly bear habitat, and which they claim will lead to the unlawful "take" of grizzly bears in violation of the Endangered Species Act. The group seek to enjoin the authorization of recreational wolf trapping and snaring until the state obtains an incidental take permit from the Fish and Wildlife Service. The groups have shown they have standing and provided evidence that lawfully set wolf traps and snares are reasonably likely to take grizzly bears. The state is enjoined from authorizing wolf trapping and snaring in grizzly bear habitat except when it is reasonably certain that almost all grizzly bears will be in dens: December 1 to February 28.
Court: USDC Idaho, Judge: Dale, Filed On: March 19, 2024, Case #: 1:21cv479, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Dale grants in part a company's motion in limine in a contract dispute. Counsel will be prohibited from requesting documents or information that may be contained in testifying witness' records in the presence of the jury. The parties are prohibited from referring to offers of settlement. "Both parties should refrain from using the Golden rule argument to inflame the jury." Neither party shall refer to themselves as "victims."
Court: USDC Idaho, Judge: Dale, Filed On: February 12, 2024, Case #: 2:23cv208, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: Contract
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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. 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. 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. 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
J. Dale denies the Idaho Department of Health and Welfare's motion to preclude the dissemination of the SIS-A User's Manual to class members. The department is essentially seeking a protective order of the user's manual associated with the budget tool it has been planning to implement for calculating budgets for class members. "By precluding participant access to the User’s Manual upon participants receiving a Budget Notice...the participants will not have the full context of the evidence used to reduce their budgets."
Court: USDC Idaho, Judge: Dale, Filed On: August 23, 2023, Case #: 1:12cv22, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Dale denies a company's counter-claim for summary judgment in a dispute with a buyer that purchased its assets. The buyer seeks indemnity for the company's alleged misrepresentations and breach of warranties regarding its assets, accounts receivables and liabilities under the Asset Purchase Agreement. Delaware law and the Asset Purchase Agreement allow the buyer to seek indemnification for any damages caused by the breach of the Asset Purchase Agreement provisions.
Court: USDC Idaho, Judge: Dale, Filed On: August 14, 2023, Case #: 1:18cv35, NOS: Other Contract - Contract, Categories: Contract
J. Dale finds a trust's motion for default judgment to be moot in a dispute over a real estate purchase. The trust alleges that the property had defects that were not disclosed. The seller asserts that the defects were subject to the "as is" condition. The trust would not be prejudiced by setting aside default. The parties are directed to meet and confer.
Court: USDC Idaho, Judge: Dale, Filed On: May 23, 2023, Case #: 1:22cv323, NOS: Other Contract - Contract, Categories: Real Estate, Contract