ORDER Granting Plaintiff's Motion for Partial Summary Judgment and Denying Defendant's Motion for Partial Summary Judgment TIMOTHY M. BURGESS, District Judge. I. INTRODUCTION At Docket No. 26, Defendant Doyon Drilling, Inc. ("Defendant") moved for partial summary judgment on the Family and Medical Leave Act ("FMLA") claims asserted by Plaintiff Gary Truitt ("Plaintiff"). Plaintiff opposes Defendant's request and cross-moved for partial summary judgment, requesting the Court find Defendant...
ORDER DISMISSING CASE RALPH R. BEISTLINE, District Judge. I. MOTIONS PRESENTED Plaintiff filed a Complaint to enforce the terms of an ERISA plan under ERISA 502(a)(1)(B) and for other equitable relief under 29 U.S.C. 1132(a)(1) & (3) and (d)(2) 1 . Plaintiff seeks a decision from this Court that she is entitled to Long Term Disability benefits under the Plan, an award of benefits, and injunctive relief requiring each Defendant to undertake such action that is required to assure...
ORDER GRANTING SUMMARY JUDGMENT RALPH R. BEISTLINE, District Judge. Before the Court, at Docket 161, are Defendants with a Motion for Summary Judgment. Plaintiffs respond at Docket 169 and Defendants reply at Docket 177. Also before the Court is Defendants' Motion for Reconsideration at Docket 213, which Plaintiffs oppose at Docket 218. The Court has reviewed all of the relevant pleadings associated with these motions and has studied the history of this case, as well as the other resolved...
AMENDED ORDER REGARDING MOTIONS AT DOCKETS 101, 136, and 140 RALPH R. BEISTLINE, District Judge. Before the Court are a number of motions to be resolved prior to trial. The Court resolves several herein and expects to resolve the remainder of the motions soon. Defendant North River Insurance Company has moved for Partial Summary Judgment on three issues at Docket 101. Plaintiffs have filed a Motion for Partial Summary Judgment on the issue of coverage by estoppel at Docket 136. Defendant...
ORDER LIFTING STAY, RESOLVING PENDING MOTIONS, AND DISMISSING CASE RALPH R. BEISTLINE, District Judge. The Complaint for Injunctive and Declaratory Relief was filed in this matter on November 9, 2010. 1 An Amended Complaint was filed on November 19, 2010, adding a third federal claim. 2 On December 27, 2010, Plaintiff moved to file a substitute Amended Complaint, which was in significant part identical to the prior Amended Complaint. 3 The Court notes that the substitute Amended Complaint...
AMENDED ORDER REMANDING TO AGENCY RALPH R. BEISTLINE, District Judge. I. MOTIONS PRESENTED Plaintiffs have filed a Complaint for Declaratory and Injunctive Relief challenging Defendants' decision to offer approximately 29.4 million acres of public lands on the outer continental shelf of the Chukchi Sea for oil and gas leasing. 1 Plaintiffs allege that the decision, together with the Chukchi Sea Planning Area Oil and Gas Lease Sale 193 and Seismic Surveying Activities in the Chukchi Sea...
ORDER TIMOTHY M. BURGESS, District Judge. Defendants Lance Williams, Center for Investigative Reporting ("CIR"), and the San Francisco Chronicle (the "Chronicle") have moved for judgment on the pleadings requesting that the Court dismiss Plaintiffs Suulutaaq, Inc. ("Suulutaaq") and Samuel Boyle's claims for defamation. 1 For the reasons discussed below, Defendants' motion is GRANTED, in part, and DENIED, in part. Defendants related request for a hearing 2 is DENIED. I. BACKGROUND A....
ORDER TIMOTHY M. BURGESS, District Judge. This matter comes before the Court on Petitioner Remington Lodging & Hospitality, LLC's request for a writ of mandate compelling Respondent Richard Ahearn, the Regional Director of NLRB Region 19, to take certain actions related to an underlying NLRB proceeding. 1 Respondent has filed an opposition to Petitioner's request, and asked the Court to construe its opposition as a motion to dismiss under Rule 12(b)(1) and Rule 12(b)(6). 2 For the reasons...
