David C. Nye
How Judge Nye rules, drawn from 11 signed orders. Every observation links to the order it came from.
How Judge Nye decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Rejects abstention arguments at the motion-to-dismiss stage where circuit precedent does not foreclose the suit.
“Omundson’s Motion to Dismiss is DENIED. She is incorrect in her assertion that Planet III forecloses this case outright.”
Procedural preferences
On preliminary-injunction motions, denies relief where the record is undeveloped (discovery is needed before the constitutional question can be resolved) or where the movant has not shown a likelihood of success.
“CNS’s Motion for Preliminary Injunction (Dkt. 14) is DENIED.”
After dismissing the sole federal claim, declines supplemental jurisdiction over the remaining state claim and remands it rather than deciding its merits.
“the City’s Motion for Summary Judgment (Dkt. 14) is GRANTED in PART and Bymun’s FSLA claim is DISMISSED WITH PREJUDICE.”
Cautions
After a litigant has already received clear amendment instructions, he may dismiss with prejudice and deny another amendment when the revised pleading remains conclusory and unsupported.
“Because the allegations in Seifert’s Amended Complaint are vague, conclusory, and unsupported (and, in some cases, contradicted by the facts), his Amended Complaint is DISMISSED WITH PREJUDICE. Further leave to amend will not be permitted.”
Treats a party's failure to respond to a motion as consent under the local rules and dismisses the unopposed defendants with prejudice.
“The State Defendants’ Motion to Dismiss (Dkt. 6) is GRANTED. All State Defendants are hereby dismissed from this case with prejudice.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Omundson’s Motion to Dismiss is DENIED. She is incorrect in her assertion that Planet III forecloses this case outright.”
“CNS’s Motion for Preliminary Injunction (Dkt. 14) is DENIED.”
“Defendant Governor Little’s Motion to Dismiss (Dkt. 13) is GRANTED. Little is dismissed as a Defendant in this case.”
“Worley’s Motion for Entry of Default Against Defendants Donnellan and Packwood (Dkt. 17) is DENIED.”
“Worley’s Motion for Temporary Restraining Order and Preliminary Injunction (Dkt. 2) is DENIED.”
“Worley’s Motion to Enter Preliminary Injunction against All Defendants (Dkt. 17) is DENIED.”
“The State Defendants’ Motion to Dismiss (Dkt. 6) is GRANTED. All State Defendants are hereby dismissed from this case with prejudice.”
“The Meridian Defendants’ Motion to Dismiss (Dkt. 12) is DENIED.”
“Plaintiffs’ Motion to Extend Time for Service of Process (Dkt. 9) is DENIED AS MOOT.”
“the City’s Motion for Summary Judgment (Dkt. 14) is GRANTED in PART and Bymun’s FSLA claim is DISMISSED WITH PREJUDICE.”
“Defendants’ Motion for Summary Judgment (Dkt. 53) is GRANTED in PART and DENIED in PART as outlined above.”
“Plaintiffs’ Motion to Strike (Dkt. 64) is DENIED.”
“BSD’s Motion to Dismiss (Dkt. 12) and IDOE’s Motion to Dismiss (Dkt. 16) are GRANTED in PART and DENIED in PART as outlined above.”
“Canyon County’s Motion to Dismiss (Dkt. 10) is GRANTED.”
“IDHW’s Motion to Dismiss (Dkt. 11) is GRANTED.”
“The Nationstar Defendants’ Motion to Dismiss (Dkt. 20) is GRANTED.”
“Nationstar Defendant’s Motion to Take Judicial Notice (Dkt. 21) is GRANTED.”
“Porter’s Motion for Summary Judgment (Dkt. 60) is HELD IN ABAYANCE.”
“Defendants Request for 56(d) relief is GRANTED.”
“Magellan and Tovar’s Motion to Dismiss (Dkt. 20) is GRANTED.”
“Magellan and Tovar’s Motion to Compel Arbitration (Dkt. 20) is DENIED as MOOT.”
“Magellan and Tovar’s Motion to Seal (Dkt. 21) is GRANTED.”
“Buck’s Motion for Temporary Restraining Order (Dkt. 3) is DENIED.”
“Buck’s Motion for Leave to File Electronically (Dkt. 6) is GRANTED as outlined above.”
“Buck’s Motion to Disqualify (Dkt. 7) is DENIED.”
“Buck’s Motion for Leave to File (Dkt. 9) is GRANTED.”
Caseload & timing
From public federal docket records for this judge.
The reviewed matters include a commercial trade-secrets dispute, a real-property jurisdictional dispute, and several self-represented prisoner civil-rights and habeas cases. Older matters inherited after Nye's 2017 appointment are excluded from the motion counts unless he personally issued the ruling.
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