ORDER RE MOTION FOR SUMMARY JUDGMENT SHARON L. GLEASON, District Judge. This is an action by ALPS Property & Casualty Insurance Company ("ALPS") seeking a declaration that it has no duty to defend or indemnify the named insureds of two professional liability policies that it issued in a suit against those insureds presently proceeding in Alaska state court. Before the Court at Docket 35 is ALPS' Motion for Summary Judgment filed on April 15, 2014. 1 Defendants opposed on May 23, 2014, and...
ORDER REGARDING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AT DOCKET 15. RALPH R. BEISTLINE, District Judge. I. INTRODUCTION Plaintiff Alaska Interstate Construction, LLC ("AIC") filed the present suit against Defendant Crum & Forster Specialty Insurance Company, Inc ("C&F") as a result of C&F's refusal to provide liability insurance coverage. AIC sought coverage from C&F in response to a lawsuit filed by VC Sellers Reserve ("VC Sellers") in the Superior Court for the State of Alaska ("...
ORDER AND OPINION JOHN W. SEDWICK, Senior District Judge. I. MOTION PRESENTED At docket 97, plaintiff Furie Operating Alaska, LLC ("Plaintiff" or "Furie") filed a motion to augment and compel completion of the administrative record. Its' supporting memorandum is at docket 98, and its' supporting exhibits are at dockets 100 through 104. Defendants U.S. Department of Homeland Security ("DHS"), Secretary of Homeland Security Janet Napolitano ("Secretary"), U.S. Customs and Border Protection ("...
ORDER REGARDING RES JUDICATA TIMOTHY M. BURGESS, District Judge. On November 14, 2013, Robert S. Crowley, a self-represented state prisoner, filed a Second Amended Complaint, under 42 U.S.C. 1983. 1 Crowley has filed a Motion for Summary Judgment. 2 The Defendants have responded and filed a Cross Motion for Summary Judgment, Crowley has replied to the response and has responded to the Cross Motion, and the Defendants have replied to Crowley's response to their Cross Motion. 3 Crowley...
ORDER REGARDING SECTION 2255 PROCEEDINGS TIMOTHY M. BURGESS, District Judge. On November 12, 2014, Otagus Demond Coverson, a self-represented federal prisoner, filed a Motion under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence. 1 Under Rules 4, 5 and 8(b) of the Rules Governing Section 2255 Proceedings for the United States District Courts, IT IS HEREBY ORDERED: 1. This matter will not be referred to a Magistrate Judge under Local Magistrate Rule 4(4). Instead this case...
ORDER DENYING MOTIONS AT DOCKETS 9 AND 11. RALPH R. BEISTLINE, District Judge. This action is based on injuries sustained by the Plaintiff as a result of lithium toxicity. Following the filing of an administrative tort claim and a state court action for medical malpractice, this matter was removed to federal court, and the United States was substituted as a defendant, because the Federal Tort Claims Act (FTCA), 28 U.S.C. 2671 et seq., provides the exclusive remedy for claims against a...
ORDER AND OPINION [Re: Motion at Docket 187] JOHN W. SEDWICK, District Judge. I. MOTION PRESENTED At docket 187 intervenor-defendant State of Alaska filed a renewed motion for clarification of the amended judgment at docket 117 pursuant to Rule 62(c) of the Federal Rules of Civil Procedure. Plaintiffs' response is at docket 195, and the federal defendants' response is at docket 196. The State filed a reply at docket 197. Oral argument was requested but would not assist the court. II....
Order Re: Motion in Limine Regarding Discretionary Function Exception, Docket 26. RALPH R. BEISTLINE, District Judge. I. Introduction This is a wrongful death matter involving the estates of Paula Yunak and her infant daughter, Martha Jo Atcherian. The estates are represented by the personal representatives, Max Yunak and Joseph Atcherian. 1 Joseph Atcherian also brings this case on his own behalf, as the husband and father of the decedents. The case is brought pursuant to the Federal...
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION AND FAILURE TO STATE A CLAIM RALPH R. BEISTLINE , District Judge . I. INTRODUCTION Plaintiff filed a complaint under 42 U.S.C. 1983 based on allegations that social workers and state troopers ("Defendants") violated her right to be free from unreasonable searches and seizures after social worker Jennifer Dale assumed emergency custody of Plaintiff's newborn infant A.F. on January 20, 2012. Plaintiff...
ORDER SHARON L. GLEASON, District Judge. Before the Court at Docket 85 is Parker Drilling's Motion to Compel EEOC's Production of Documents Bates Numbered EEOC 000001-000099, filed on August 4, 2014. Presently at issue are only three pages of documents, Bates numbered 000092, 000093, and 000095. The motion seeks the production of those documents and the awarding of fees and costs. 1 For the reasons discussed below, the motion will be granted in part and denied in part. BACKGROUND On June...
ORDER TIMOTHY M. BURGESS , District Judge . I. INTRODUCTION The issue in this case is whether Alaska's constitutional and statutory provisions prohibiting same-sex marriage and the recognition of same-sex marriages lawfully entered in other states violate the Fourteenth Amendment of the United States Constitution. 1 The Plaintiffs are five same-sex couples living in Alaska; four of the couples are lawfully married in other states and one couple is unmarried but seeks to marry in Alaska ("...
ORDER DENYING MOTION AT DOCKET 195 RALPH R. BEISTLINE, District Judge. I. PENDING MOTIONS At Docket 195 Defendant Mark J. Avery filed a Motion to Dismiss (Statute of Limitations). The Government has opposed 1 and Avery has replied. 2 Neither party has requested oral argument and the Court has determined that oral argument would not materially assist in resolving the issues presented. Accordingly, the matter is submitted for decision on the moving and opposing papers. 3 II. BACKGROUND...
DECISION AND ORDER SHARON L. GLEASON, District Judge. Eddy New, a self-represented litigant, initiated this Social Security action in federal district court after exhausting administrative remedies. Mr. New seeks the reversal of an unfavorable disability determination by the Commissioner of Social Security. Also before the Court is Mr. New's Motion for Leave to Submit Photos for the Court's Review. These matters have been briefed by the parties. 1 Oral argument was not requested and was not...
ORDER RE MOTION TO DISMISS SHARON L. GLEASON, District Judge. At Docket 36, Defendant Alicia L. Reft ("Reft") filed a Motion and Memorandum to Dismiss Complaint against Alicia Reft in her Capacity as President of Karluk Tribal Council and Individual Capacity. At Docket 39, Plaintiff Koniag, Inc. ("Koniag") filed its Opposition to Reft's Second Motion to Dismiss and Reft filed a reply at Docket 42. Oral argument was held on January 7, 2014. 1 Thereafter, the parties attempt to settle the...
ORDER REGARDING MOTION TO ENFORCE MANDATE ON REMAND RALPH R. BEISTLINE , District Judge . I. INTRODUCTION Plaintiffs Greenpeace, Inc., and Cascadia Wildlands Project ("Plaintiffs") move for an order enforcing the mandate of the United States Court of Appeals for the Ninth Circuit and the amended judgment of this Court regarding the United States Forest Service's ("Forest Service") approval of four timber sale projects in the Tongass National Forest. Plaintiffs request at Docket 106 that,...
ORDER RE CROSS-MOTIONS FOR SUMMARY JUDGMENT SHARON L. GLEASON , District Judge . At Docket 44, Plaintiff Southcentral Foundation (SCF) filed a Motion for Summary Judgment. At Docket 48, Defendant Yvette Roubideaux, Director of the Indian Health Service (Defendant or IHS), filed a Cross-Motion for Summary Judgment. IHS filed a single memorandum of law in opposition to SCF's motion and in support of its cross-motion, 1 and SCF filed a reply. 2 For the following reasons, the Court will...
ORDER TIMOTHY M. BURGESS, District Judge. Plaintiffs Chad and Sharry Grasmick ("the Grasmicks"), on their own and on behalf of A.G., their minor son, move for summary judgment in this action consolidating their four administrative appeals under the Individuals with Disabilities Education Act ("IDEA"). 1 The Matanuska School District ("the District") opposes this motion. 2 For the reasons stated below, Plaintiff's motion for summary judgment at Docket 93 is DENIED . I. BACKGROUND The...
ORDER DENYING DEFENDANT'S AMENDED MOTION TO VACATE UNDER 28 U.S.C. 2255 TIMOTHY M. BURGESS, District Judge. I. Introduction Lonnie John White ("White") moves pursuant to 28 U.S.C. 2255 to vacate, set aside, or correct his sentence, alleging ineffective assistance of counsel, due process violations, prosecutorial misconduct, and sentencing entrapment. 1 The government opposes, arguing that White's claims lack sufficient facts to meet the burden required for reversal. 2 For the reasons...
ORDER RE INTERIM REMEDIES SHARON L. GLEASON, District Judge. Having reviewed the State of Alaska's Proposal in Response to Court's Order of September 3, 2014, filed September 5, 2014 (Docket 224), and Plaintiffs' Proposed Remedies (November 2014 Election), filed September 10, 2014 (Docket 225), IT IS ORDERED that: 1. To the extent certain tasks relate to the upcoming 2014 General Election and whether or not specifically addressed in this Order, the Division of Elections ("Division") shall...
ORDER FROM CHAMBERS [Re: Motion at docked 170] JOHN W. SEDWICK, Senior District Judge. I. MOTION PRESENTED At docket 170 and supplemented at docket 186, defendant Andrew William Young moved to vacate, set aside or correct his sentence pursuant to 28 U.S.C. 2255. The motion was briefed, and the magistrate judge filed a report at docket 196 recommending that the motion be denied. No objections to the recommendation have been filed. II. STANDARD OF REVIEW The district court may "accept,...
