ORDER H. RUSSEL HOLLAND , District Judge . Motion for Summary Judgment Defendant Professional Account Services, Inc. moves for summary judgment. 1 This motion is opposed by plaintiff Keith James Lange. 2 Oral argument was not requested and is not deemed necessary. Facts Plaintiff was involved in a motor vehicle accident on October 12, 2016. 3 On that same day, he was treated at Mat-Su Regional Medical Center ("the Hospital") for injuries he sustained in the accident. 4 Plaintiff...
ORDER RE FINAL REPORT AND RECOMMENDATION ON DEFENDANT'S MOTION TO SUPRESS SHARON L. GLEASON , District Judge . Before the Court at Docket 36 is Defendant's Motion to Suppress. The Government responded in opposition at Docket 39. The motion was referred to the Honorable Magistrate Judge Deborah M. Smith. At Docket 58, Judge Smith issued her Initial Report and Recommendation, in which she recommended that the motion be denied. Defendant filed objections to the Initial Report and...
ORDER RE S-1 MOTION TO SUPPRESS EVIDENCE: COUNTS 3&4 OF THE FOURTH SUPERSEDING INDICTMENT SHARON L. GLEASON , District Judge . Before the Court at Docket 317 is Defendant Matthew William Schwier's S-1 Motion to Suppress Evidence: Counts 3 & 4 of the Fourth Superseding Indictment. The government's Response in Opposition is at Docket 325. The defense's Reply is at Docket 329. The defense did not request an evidentiary hearing on the motion. BACKGROUND On April 28, 2017, a magistrate judge...
ORDER H. Russel Holland , United States District Judge . Cross-motions for Summary Judgment Plaintiff moves for partial summary judgment. 1 Defendant opposes this motion 2 and cross-moves for summary judgment. 3 Defendant's cross-motion is opposed. 4 Oral argument was requested and has been heard. Facts Plaintiff Jennifer Fletcher began working for defendant the State of Alaska in 2012 and was promoted to legislative librarian in 2014. Throughout her employment with defendant,...
DECISION AND ORDER Sharon L. Gleason , UNITED STATES DISTRICT JUDGE . This is an action in which Plaintiffs Southeast Alaska Conservation Council, Alaska Rainforest Defenders, Center for Biological Diversity, Sierra Club, Defenders of Wildlife, Alaska Wilderness League, National Audubon Society, and Natural Resources Defense Council seek the invalidation of portions of the 2018 Environmental Impact Statement and 2019 Record of Decision for the Forest Service's Prince of Wales Landscape...
PROCEEDINGS : ORDER FROM CHAMBERS TIMOTHY M. BURGESS , District Judge . The matter comes before the Court on the United States' Appeal Pursuant to 18 U.S.C. 3145 to Revoke Magistrate's Pretrial Release Order ("Appeal"). 1 For the foregoing reasons, the Court AFFIRMS the Pretrial Release Order. 2 Defendant Jessica Lynne Hannah is charged with Attempted Possession with Intent to Distribute a Controlled Substance, in violation of 21 U.S.C. 841(a)(1), (b)(1)(B), and 846. 3 She was...
ORDER SHARON L. GLEASON , District Judge . At Docket 31, Defendants have filed a Motion to Dismiss. Mr. Latham has responded with a Motion to Compel Discovery Prior to Filing a Reply to Motion to Dismiss and a Motion for an Extension of Time at Dockets 32 and 34, respectively. Defendants filed a non-opposition to the Motion for an Extension of Time. 1 Federal Rule of Civil Procedure 12(b) allows defendants to raise initial defenses to a complaint, such as lack of jurisdiction,...
ORDER RE FINAL REPORT AND RECOMMENDATION ON MOTION TO DISMISS SHARON L. GLEASON , District Judge . Before the Court at Docket 12 is Defendant's Motion to Dismiss along with Defendant's Supplemental Motion to Dismiss at Docket 35. Plaintiff responded in opposition at Dockets 19 and 36. The motion was referred to the Honorable Magistrate Judge Matthew M. Scoble. At Docket 54, Judge Scoble issued his Final Report and Recommendation, in which he recommended that the motion be denied....
ORDER AND OPINION [Re: Doc. 21] JOHN W. SEDWICK , Senior District Judge . I. MOTION PRESENTED At docket 21 Defendants State of Alaska, Captain Ronald Wall, Trooper Jacob Hayungs, Trooper Edward Halbert, and Trooper Edwin Carlson (collectively, "the State") move for summary judgment on all claims filed against them by Plaintiff Estate of Tristan Percy Vent ("the Estate"). The Estate responds at docket 32. The State replies at docket 33. Oral argument was not requested and would not be of...
FINAL REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE UPON A PLEA OF GUILTY DEBORAH M. SMITH , Chief Magistrate Judge . Upon Defendant's request to enter a guilty plea pursuant to Rule 11 of the Federal Rules of Criminal Procedure to Count 1 of the Indictment, Conspiracy to Distribute Methamphetamine in violation of U.S.C. 846 and 841(a)(1) and (b)(1)(B), and the defendant's consent to plead before a Magistrate Judge contained in the plea agreement, this matter was referred to the...
FINAL REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE UPON A PLEA OF GUILTY DEBORAH M. SMITH , Chief Magistrate Judge . Upon Defendant's request to enter a guilty plea pursuant to Rule 11 of the Federal Rules of Criminal Procedure to Count 1 of the Indictment, Distribution of a Controlled Substance in violation of 21 U.S.C. 841(a)(1), (b)(1)(B) and the defendant's consent to plead before a Magistrate Judge contained in the plea agreement, this matter was referred to the Magistrate...
ORDER RE FINAL REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE UPON A PLEA OF GUILTY SHARON L. GLEASON , District Judge . Before the Court is Defendant's request to enter a guilty plea to Count 1 of the Indictment, Distribution of a Controlled Substance in violation of 21 U.S.C. 841(a)(1), (b)(1)(B). This matter was referred to the Honorable Magistrate Judge Deborah M. Smith by the District Court, with the oral consents of Defendant, counsel for Defendant, and counsel for the United...
ORDER RE FINAL REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE UPON A PLEA OF GUILTY SHARON L. GLEASON , District Judge . Before the Court is Defendant's request to enter a guilty plea to Count 1 of the Indictment, Attempted Possession with Intent to Distribute a Controlled Substance, 21 U.S.C. 841(a)(1), (b)(1)(C) and 846, this matter was referred to the Honorable Magistrate Judge Deborah M. Smith by the District Court, with the written and oral consents of Defendant, counsel for...
FINAL REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE UPON A PLEA OF GUILTY DEBORAH M. SMITH , Chief Magistrate Judge . Upon Defendant's request to enter a guilty plea pursuant to Rule 11 of the Federal Rules of Criminal Procedure to Count 1 of the Indictment, Attempted Possession with Intent to Distribute a Controlled Substance, 21 U.S.C. 841(a)(1), (b)(1)(C) and 846 and the defendant's consent to plead before a Magistrate Judge contained in the plea agreement, this matter was...
ORDER REGARDING MOTION TO COMPEL SHARON L. GLEASON , District Judge . Before the Court at Docket 153 is defendant Louis Holger Eklund's pro se Motion to Compell [sic]. The government responded in opposition at Docket 159. Mr. Eklund asserts that 28 U.S.C. 1691 requires all orders and rulings of the Court in his case to contain the seal of the court and be signed by the Clerk of Court. 1 Because they are not so signed and sealed, Mr. Eklund contents that all prior orders and ruling in...
ORDER ON DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT (DKT. 26) TIMOTHY M. BURGESS , District Judge . The matter comes before the Court on a Motion for Partial Summary Judgment (the "Motion") filed by Defendants Ethicon, Inc. and Johnson & Johnson. 1 The Motion has been fully briefed and is ready for decision without oral argument. 2 Based on the Parties' Joint Status Report, filed on February 3, 2020, the Motion is GRANTED. Prior to its transfer to this Court, this action was...
TIMOTHY M. BURGESS , District Judge . PROCEEDINGS : ORDER FROM CHAMBERS The matter comes before the Court on an Objection to Order Regarding Delayed Production of Giglio Material ("Objection") filed by Defendant Colter O'Dell and joined by Defendants Glen Baldwin, Craig King, and Filthy Fuhrer (collectively, "Defendants"). 1 Defendants broadly object to the delayed production of Giglio materials, arguing that impeachment evidence under Giglio is subject to prompt disclosure as a "...
ORDER H. RUSSEL HOLLAND , District Judge . Motion to Amend Complaint Plaintiff Denali Nicole Smith moves to amend her complaint to add three plaintiffs, substitute the Acting Commissioner of Revenue (Alaska) Mike Barnhill as a defendant in place of Commissioner Bruce Tangeman, and "to articulate the remedies requested with greater specificity." 1 The motion is opposed. 2 Oral argument has not been requested and is not deemed necessary. This case arises out of defendants' denial of...
ORDER H. RUSSEL HOLLAND , District Judge . This is an action for judicial review of the denial of disability benefits under Title II of the Social Security Act, 42 U.S.C. 401-434. Plaintiff Regina Johnson moves for judgment on the pleadings. 1 This motion is opposed by defendant, Andrew M. Saul. 2 Oral argument was not requested and is not deemed necessary. Procedural Background On January 3, 2013, plaintiff filed an application for disability benefits under Title II of the Social...
ORDER H. RUSSEL HOLLAND , District Judge . Motion to Allocate Fault to an Absent Third Party Defendant moves to allocate fault to Toyota Canada as an absent third party. 1 This motion is opposed. 2 Oral argument was requested 3 but is not deemed necessary. Background Plaintiff Kendall Dealership Holdings, LLC alleges that engine block heaters which it purchased from defendant Warren Distribution, Inc. were defective. Plaintiff alleges that the engine block heaters it purchased from...
