Idaho Building & Construction Trades Council v. Wasden

MEMORANDUM DECISION AND ORDER

B. LYNN WINMILL, Chief Judge.

INTRODUCTION

Before the Court are: (1) Defendants Lawrence G. Wasden and Tim Mason’s Motion to Dismiss First Amended Complaint for Lack of Subject Matter Jurisdic*1147tion (Dkt. 106), and (2) Defendant City of Boise’s Motion to Dismiss Pursuant to F.R.C.P. 12(b)(1) (Dkt. 110). For the reasons set forth below, the Court denies Defendants Wasden and Mason’s Motion to Dismiss but grants the City’s Motion.

ANALYSIS

This case is currently before the Court on a limited remand from the U.S. Court of Appeals for the Ninth Circuit. In earlier…