34 results for 'judge:"Nye"'.
J. Nye denies investors' motions to modify the scheduling order, for leave to amend, to reopen discovery and for reconsideration in a landfill acquisition project investment dispute. The investors' "newly discovered evidence could have easily been discovered at any point prior to or during this litigation." They do not cite unforeseen circumstances that prevented them from seeking the records earlier. The investors do not address their "untimely delay in requesting the records and petitioning this Court for modification, amendment, and reconsideration."
Court: USDC Idaho, Judge: Nye, Filed On: April 15, 2024, Case #: 1:20cv544, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Discovery
J. Nye grants a company's motion to quash portions of a subpoena during the discovery process of a contract dispute. An attorney has been acting as an agent for the company, sharing litigation strategy, so although the attorney does not represent the company, his communications qualify for work-product protection. As a witness-attorney, the attorney is forbidden "from acting as an advocate at trial, but not in pre-trial activities."
Court: USDC Idaho, Judge: Nye, Filed On: April 12, 2024, Case #: 2:22cv399, NOS: Other Contract - Contract, Categories: Contract
J. Nye denies a company's motion for attorney fees following arbitration of a supply agreement dispute, and its subsequent request that the court confirm the arbitration award. The arbitrator entered an award in the company's favor and stated that the other party should pay the company's costs of arbitration. The arbitrator made "very specific findings regarding the reasonableness of the costs imposed" and did not mention future costs or costs related to the confirmation of the company's award. There are no grounds entitling the company to an award of fees and costs.
Court: USDC Idaho, Judge: Nye, Filed On: April 1, 2024, Case #: 4:23cv206, NOS: Other Statutory Actions - Other Suits, Categories: Arbitration, Attorney Fees
J. Nye denies in part the state's motion to dismiss campers' allegations that the state violated their constitutional rights by enforcing the “anti-camping statute." The campers allege that their belongings were "searched, seized, and immediately destroyed" without a warrant. The campers have provided sufficient facts to allege that the director of the state police and director of the Idaho Department of Administration are not immune from suit with respect their Fourth Amendment claims.
Court: USDC Idaho, Judge: Nye, Filed On: March 26, 2024, Case #: 1:22cv162, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Nye grants a roofing company's motion for default judgment regarding allegations that a competitor began operating under the same name, which has led to marketplace confusion and lost business, as well as customer complaints to the roofing company from dissatisfied consumers who worked with the competitor. The roofing company sent a cease and desist letter to the competitor to stop using the trademarked name, but the competitor has not stopped. The roofing company has sufficiently stated a claim for trademark infringement and unfair competition, and has demonstrated that it will suffer irreparable injury in the absence of an injunction. The company is granted $8,386 in costs and fees and the competitor is permanently enjoined from using the trademarked name.
Court: USDC Idaho, Judge: Nye, Filed On: March 26, 2024, Case #: 4:23cv310, NOS: Trademark - Property Rights, Categories: Trademark, Unfair Competition
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J. Nye denies in part the government's motion to dismiss environmental groups' claims that a logging project intended to "increase the resilience of the forests in the project area to insects, diseases, drought, and the undesirable effects from wildfires" violates the National Environmental Policy Act. Portions of the previous objection potentially raise similar enough arguments regarding the groups' claim involving the project’s threat to old-growth bird habitats to put the government on notice of the claim. The groups' claim that the government failed "to analyze or disclose whether the Project trends towards the forest plan’s desired conditions" continues.
Court: USDC Idaho, Judge: Nye, Filed On: February 22, 2024, Case #: 2:23cv290, NOS: Other Statutory Actions - Other Suits, Categories: Environment
J. Nye denies a mother's motion to dismiss a youth hockey coach's allegations of defamation after she posted accusations that he'd engaged in sexual misconduct involving minors. The coach alleges that she did so in retaliation for him reducing her sons' playing time on the team, and that the posts led to him losing his coaching job. The coach sent her a cease and desist letter, but she continued posting allegations. The mother disputes whether the court has subject matter jurisdiction and claims the coach has not sufficiently documented his economic losses. "A jury could easily award [the coach] more than $75,000.00 in presumed damages" and the mother has not provided facts to support her claim that the coach's non-economic damages is $250,000 solely to meet the amount in controversy requirement.
Court: USDC Idaho, Judge: Nye, Filed On: February 22, 2024, Case #: 2:22cv529, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation
J. Nye grants one company's motion to compel and another's motion to modify the scheduling order in a contract dispute. There is good cause for granting a 120-day extension to all remaining scheduling order deadlines "with the expectation that further discovery will be limited in scope to resolve the issues of the additional material." The motion to compel is not procedurally deficient and is granted, but the deposition will be conducted remotely with a limited scope, and each deposition is not to exceed one hour.
Court: USDC Idaho, Judge: Nye, Filed On: February 14, 2024, Case #: 2:22cv399, NOS: Other Contract - Contract, Categories: Discovery, Contract
J. Nye grants the Department of Energy's motion to dismiss the county's suit regarding nuclear materials stored at the Idaho National Laboratory. The county alleges that the DOE "should have determined the social and economic impacts as required." The county "has not met its burden of establishing standing...because it has not articulated an actual or concrete injury it has suffered." Additionally, "a six-year statute of limitations applies to actions brought pursuant to the APA," therefore many of the county's claims are time-barred.
Court: USDC Idaho, Judge: Nye, Filed On: February 1, 2024, Case #: 4:23cv93, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law
J. Nye grants a firearm machinery company's motion to reduce undertaking in a contract dispute over products it manufactured and shipped to a firearm manufacturer and seller. The machinery company seeks damages for both shipped and unshipped manufactured products. The machinery company's application for prejudgment writ of attachment stands. The manufacturer has stipulated to and posted an undertaking to stay the writ. The funds will not be dispersed until the matter is resolved. The undertaking is reduced to reflect the reduction of damages that the machinery company seeks.
Court: USDC Idaho, Judge: Nye, Filed On: January 29, 2024, Case #: 2:22cv399, NOS: Other Contract - Contract, Categories: Contract
J. Nye grants an animal hospital and the police department's motions for summary judgment regarding an individual's allegations of libel/slander and civil rights violations after the animal hospital called police, concerned that she was "on some sort of substance" and attempting to drive. She was found sitting in her running car and arrested for driving under the influence despite explaining that she was suffering from a traumatic brain injury. When no alcohol or drugs were found in her system, she was released. The symptoms the animal hospital reported to the police: pinpoint pupils, slurred speech and swaying, were true, and therefore not defamation. Probable cause existed to support the arrest, including the fact that the individual could not complete simple tests of coordination.
Court: USDC Idaho, Judge: Nye, Filed On: January 25, 2024, Case #: 2:22cv185, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Defamation
J. Nye grants in part a family's motion for partial summary judgment, denies a detective's motion for summary judgment, and grants a social worker's motion for summary judgment following a neighbor's report to the Idaho Department of Health and Welfare about a child's injury, which led to the removal of the children from the home due to the dirty state of the home. The detective "violated the [parents’] Fourth and Fourteenth Amendments by removing the children without a warrant." The parents "may also claim damages for the constitutional violations arising from the post-hearing forensic medical exams" of the children, which were done without the parents' consent. The detective is not protected by qualified immunity. The social worker "did not play an integral role in the warrantless removal of the children from the home."
Court: USDC Idaho, Judge: Nye, Filed On: January 23, 2024, Case #: 1:19cv308, 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. 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. Nye denies cabin owners' motion to alter a judgment to include post-judgment interest regarding negligence claims brought after their cabin burned to the ground. The owners allege an HOA employee lit the pilot light of an outdoor refrigerator after the cabin owner had re-stained the decks, leading to the fire. A jury found in favor of the cabin owners, but found the owners were contributorily negligent for the fire because they had, by their own admission, applied too much stain to the deck. Post-judgment interest will accrue as a matter of law, therefore there is no need to alter the judgment.
Court: USDC Alaska, Judge: Nye, Filed On: November 15, 2023, Case #: 1:19cv267, NOS: All Other Real Property - Real Property, Categories: Real Estate, Negligence
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. 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. 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. Nye grants a company's motion to stay discovery until the court issues a decision on the company's motion to dismiss an environmental group's allegations that the company mismanages manure in its facility, which has contaminated local waterways in violation of the Clean Water Act. "The Court finds a stay will promote economy of time and effort for itself, for counsel, and for the parties."
Court: USDC Idaho, Judge: Nye, Filed On: September 6, 2023, Case #: 1:23cv239, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Nye grants an individual's motion for default judgment regarding allegations of breach of Bitcoin loan agreements. The borrowers have "failed to formally appear, obtain counsel, or demonstrate a meaningful attempt to defend the suit" which has been ongoing since September 2022.
Court: USDC Idaho, Judge: Nye, Filed On: September 5, 2023, Case #: 2:22cv389, NOS: Other Contract - Contract, Categories: Contract
J. Nye denies in part a county's motion for summary judgment regarding an individual's allegations of excessive force regarding an incident where she called police to do a welfare check on her estranged husband, who ordered the officer off of his property with a gun. Police returned to serve an arrest warrant on the husband, who was shot and killed during the incident. It is for the jury to determine whether or not the husband was holding a gun in a threatening way when he was shot by officers.
Court: USDC Idaho, Judge: Nye, Filed On: August 7, 2023, Case #: 2:18cv244, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Nye denies a custom-built boat and trailer company's motion to dismiss a customer's allegations that the company did not deliver the jetboat he purchased on time. The customer further alleges that a bank would pay the company a kickback for referring customers to the bank for financing their boat purchases. The company failed to obey the court's order to appoint new counsel, and has not appeared or motioned before the court in nearly seven years, therefore its motion to dismiss is denied.
Court: USDC Idaho, Judge: Nye, Filed On: August 7, 2023, Case #: 1:15cv314, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Racketeering
J. Nye denies in part a title insurance company's motion for summary judgment and grants in part insureds' cross-motion for summary judgment in an insurance policy dispute. The insurance company argues that it has fulfilled all demands when it issued payment to the insureds to reimburse them for legal fees accrued in an underlying matter. The insureds contend the damages paid were insufficient. A material dispute exists regarding
the amount of legal fees owed
Court: USDC Idaho, Judge: Nye, Filed On: July 31, 2023, Case #: 4:19cv112, NOS: Insurance - Contract, Categories: Insurance, Real Estate
J. Nye denies an employee's motion for summary judgment and grants an employer's motion for summary judgment in an employment dispute. The employee alleges that pizza delivery drivers were underpaid or not adequately reimbursed for vehicle-related expenses. The regulation is ambiguous, therefore the court yields to agency guidance, which allows the employer various options for calculating reimbursement.
Court: USDC Idaho, Judge: Nye, Filed On: July 31, 2023, Case #: 1:17cv283, NOS: Fair Labor Standards Act - Labor, Categories: Employment
J. Nye grants a beauty goods company's motion to dismiss or transfer venue involving a matter in which former employees seek a declaratory judgment that they are not bound by the arbitration provision of the Independent Stylist Agreement. The former employees do not have any fatal errors in their complaint, therefore the matter is not dismissed. However, "it would be more efficient for the parties and the judicial system to hear these claims in New Jersey."
Court: USDC Idaho, Judge: Nye, Filed On: July 19, 2023, Case #: 2:22cv397, NOS: Arbitration - Other Suits, Categories: Arbitration, Jurisdiction
J. Nye denies a former employee's motion for attorney fees. His former employer alleged that he breached the employment agreement when he took a job with a competitor. The court found that the severance agreement superseded the employment agreement and “extinguished the obligations set forth in the Employment Agreement and RCA,” therefore he did not breach the employment agreement. However, "the language of the Severance Agreement makes clear that [the employee] cannot recover attorney fees under the Employment Agreement and RCA."
Court: USDC Idaho, Judge: Nye, Filed On: July 18, 2023, Case #: 1:22cv244, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Employment, Trade Secrets, Attorney Fees
J. Nye denies the state's motion to dismiss six convicted sex offenders' allegations that amendments to the Sexual Offender Registration Notification and Community Right-to-Know Act have been unfairly applied to them, as they were convicted prior to the amendments. The individuals would have been eligible to petition for removal from the sex offender registry after 10 years, but amendments retroactively subjected them to lifetime registration. The individuals have plausibly alleged that the Act is punitive in effect as it restricts "where they may legally live, 'loiter,' travel, and work," that the Act's restraints are "significant and direct," and that the Act "promotes the traditional aims of punishment."
Court: USDC Idaho, Judge: Nye, Filed On: June 29, 2023, Case #: 1:16cv429, NOS: Constitutionality of State Statutes - Other Suits, Categories: Civil Rights, Constitution