ORDER H. RUSSEL HOLLAND , District Judge . Motion for Compassionate Release 1 Before the court is defendant's Amended Motion for Compassionate Release Pursuant to 18 U.S.C. 3582(c)(1)(A)(i). The motion is opposed by plaintiff, 2 and the court has authorized and received a reply memorandum on behalf of defendant Valdez. 3 In proceedings predating Apprendi v. New Jersey , 530 U.S. 466 (2000), and United States v. Booker , 543 U.S. 220 (2005), defendant was tried and convicted...
ORDER RE MOTION FOR RECONSIDERATION SHARON L. GLEASON , District Judge . Before the Court at Docket 26 is Defendant Alaska Communications Systems Holdings, Inc.'s ("Alaska Communications") Motion for Reconsideration. At the Court's request, Plaintiff International Brotherhood of Electrical Workers, Local Union No. 1547 ("IBEW 1547") responded in opposition at Docket 28. 1 The Court did not request a reply from Alaska Communications. On December 11, 2019, this Court granted IBEW 1547's...
ORDER RE PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION SHARON L. GLEASON , District Judge . Before the Court is Plaintiff ConocoPhillips Alaska, Inc.'s ("ConocoPhillips") Motion for Preliminary Injunction. 1 On December 12, 2019, ConocoPhillips commenced this action against Forrest Wright, Amanda Wright, Nathan Keays, Kelly Keays, Eco Edge Armoring LLC, David Benefield, Wright Capital Investments, LLC, and DB Oilfield Support Services ("Defendants") asserting eight counts: (1) RICO...
ORDER H. RUSSEL HOLLAND , District Judge . This is an ERISA action, in which plaintiff Thomas Ruppert seeks judicial review of an adverse decision by defendant Hartford Life and Accident Insurance Co. Plaintiff has timely filed his opening brief, 1 to which defendant has responded. 2 Oral argument was not requested and is not deemed necessary. Facts Plaintiff was employed by Atlas Air Inc. as a pilot from 1999 to 2018. 3 Atlas Air is the sponsor and plan administrator of the Atlas...
ORDER REGARDING MOTION FOR RECONSIDERATION SHARON L. GLEASON , District Judge . Before the Court at Docket 167 is Defendant Jonathan N. Jarnig's pro se Motion for Reconsideration of Order Denying Motion to Vacate and Dismiss Indictment with Prejudice Based on Outrageous Government Misconduct and Perjury. Previously, Mr. Jarnig filed a pro se Motion to Vacate Verdict and Dismiss Indictment with Prejudice Based on Outrageous Government Misconduct and Perjury. 1 The Court found that...
ORDER RE DEFENDANT'S MOTIONS AT DOCKETS 243, 262, 273, 277 AND 289/290 SHARON L. GLEASON , District Judge . Before the Court are five pending motions filed by Defendant Steven Curtis Bachmeier. 1. Motion to Dismiss, Docket 243 In this motion, Mr. Bachmeier seeks dismissal of this action for lack of jurisdiction. A response in opposition was filed at Docket 250. The motion was referred to the Honorable Magistrate Judge Deborah M. Smith. At Docket 268, Judge Smith issued her Final Report...
ORDER REGARDING FIRST STEP ACT MOTION SHARON L. GLEASON , District Judge . Before the Court at Docket 333 is defendant Arnold Wesley Flowers, II's pro se Motion to Modify Sentence Pursuant to the First Step Act and Request to Appoint Counsel. The government responded in opposition at Docket 334. Mr. Flowers is serving a 75-month sentence, which is currently set to expire on August 23, 2021. 1 Mr. Flowers seeks a court order allowing him the maximum amount (12 months) of time at a...
SCREENING ORDER RE: FIRST AMENDED COMPLAINT RALPH R. BEISTLINE , Senior District Judge . On May 30, 2019, Guy Douglas Hines, a self-represented prisoner, filed a Civil Rights Complaint under 42 U.S.C. 1983, an Application to Proceed Without Prepayment of the Filing Fee, and a Request for the Appointment of Counsel. 1 In that Complaint, Mr. Hines alleged a single claim of retaliation against Fairbanks Correctional Center Superintendent Tami Axelsson. The Court screened the Complaint,...
ORDER AND OPINION [Re: Motion at docket 19] JOHN W. SEDWICK , Senior District Judge . I. MOTION PRESENTED At docket 19 Defendant Dynamic Computing Services ("DCS") filed a motion for summary judgment or, in the alternative, a motion for partial summary judgment on the class aspect of the complaint. Plaintiff Debra Bey ("Plaintiff") responded at docket 23. DCS replied at docket 26. Oral argument was requested but denied at docket 29. II. BACKGROUND DCS hired Plaintiff on or about April...
ORDER Cross-motions for Summary Judgment H. RUSSEL HOLLAND , District Judge . Plaintiffs move for summary judgment on Clarence Alexander's 14(c)(1) claim. 1 This motion is opposed, 2 and defendants move for summary judgment against plaintiffs. 3 Defendants' motion for summary judgment is opposed. 4 Oral argument was requested and has been heard. Facts Plaintiffs are Gwitchyaa Zhee Corporation ("GZ Corporation") and Gwichyaa Zhee Gwich'in Tribal Government. Defendants are Clarence...
ORDER Third-Party Defendant's Motion to Dismiss H. RUSSEL HOLLAND , District Judge . Third-party defendant Secretary of Interior David Bernhardt moves to dismiss the second amended third-party complaint. 1 This motion is opposed by third-party plaintiffs Clarence and Dacho Alexander. 2 Oral argument was requested and has been heard. Background This case involves a dispute over the boundaries of Clarence Alexander's 14(c)(1) claim. Plaintiffs Gwitchyaa Zhee Corporation and Gwichyaa...
ORDER Motion to Dismiss; Motion for Partial Summary Judgment H. Russel Holland , United States District Judge . Defendant Unimerica Insurance Company moves to dismiss the claims plaintiffs have asserted against it. 1 This motion is opposed. 2 Also pending in this case is plaintiffs' motion for partial summary judgment. 3 This motion is opposed. 4 Oral argument has been heard on both motions. Background 5 Plaintiffs are Tanadgusix Corporation ("TDX"), Ron Philemonoff, Jeanette...
ORDER RE MOTION FOR AN ORDER LIMITING THE SCOPE OF PENDING DEPOSITIONS, OR IN THE ALTERNATIVE, FOR A PROTECTIVE ORDER, AND FOR DISCOVERY SANCTIONS SHARON L. GLEASON , District Judge . Before the Court at Docket 57 is Defendant UNITE HERE! and Defendant UNITE HERE! Local 878's ("Defendants") Motion for an Order Limiting the Scope of Pending Depositions, or in the Alternative, for a Protective Order, and for Discovery Sanctions. Plaintiff CP Anchorage Hotel 2, LLC d/b/a Anchorage Hilton ("...
ORDER DIRECTING CONOCOPHILLIPS TO FILE A PUBLIC VERSION OF ITS EX PARTE MOTION SHARON L. GLEASON , District Judge . On December 12, 2019, Plaintiff ConocoPhillips Alaska, Inc. ("ConocoPhillips") filed an ex parte motion for a temporary restraining order and preliminary injunction. 1 The Court granted the temporary restraining order on December 13, 2019. 2 Courts "recognize[] a `general right to inspect and copy public records, including judicial records and documents . . . This right...
ORDER ON MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE UNDER 28 U.S.C. 2255 [DKT. 146] AND MOTION TO STAY 28 U.S.C. 2255 MOTION OR VACATE THE CONVICTION AND ALLOW AN APPEAL TO PROCEED [DKT. 161] TIMOTHY M. BURGESS , District Judge . I. INTRODUCTION The matter comes before the Court on Petitioner Matthew Adrian Colding's Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. 2255 (the "Motion to Vacate") 1 and Motion to Stay or Vacate the Conviction and Allow an Appeal...
ORDER [Re: Motion at docket 36] JOHN W. SEDWICK , Senior District Judge . I. MOTION PRESENTED At docket 36 Defendant Alaska Airlines, Inc. (Defendant) filed a motion requesting sanctions against Plaintiff Tyonna Saensinbandit for admitted destruction of her Facebook account, which Defendant asserts is relevant evidence in this litigation. Plaintiff responded at docket 49, indicating that the Facebook account had been deactivated but not deleted and that Plaintiff has since provided the...
ORDER ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (DKT. 21) AND PLAINTIFF'S MOTION FOR DISCOVERY (DKT. 24) TIMOTHY M. BURGESS , District Judge . I. INTRODUCTION The matter comes before the Court on Defendants the United States Department of Commerce ("DOC"), the National Oceanic and Atmospheric Administration ("NOAA"), and the National Marine Fisheries Service's ("NMFS") (collectively, "Defendants") Motion for Summary Judgment ("Motion for Summary Judgment"). 1 On September 24, 2019,...
PROCEEDINGS: ORDER FROM CHAMBERS TIMOTHY M. BURGESS , District Judge . The matter comes before the Court on the imposition of sentence for Defendant Michael Saofaga. Saofaga pleaded guilty to being a felon in possession of a firearm, a violation of 18 U.S.C. 922(g)(1). 1 On the night of September 18, 2018, officers with the Anchorage Police Department ("APD") were conducting surveillance on the Springhill Suites in Anchorage, Alaska to execute an arrest warrant on Saofaga and his...
ORDER RE EX PARTE MOTION FOR TEMPORARY RESTRAINING ORDER SHARON L. GLEASON , District Judge . Before the Court at Docket 3 is Plaintiff ConocoPhillips Alaska, Inc.'s ("ConocoPhillips") Ex Parte Motion for Temporary Restraining Order and Preliminary Injunction. Also before this Court at Docket 6 is Plaintiff's Motion for Expedited Consideration of its Ex Parte Motion for Temporary Restraining Order and Preliminary Injunction. In its Complaint, ConocoPhillips asserts eight counts against...
ORDER DENYING DEMAND FOR VACATION [DKT. 293] TIMOTHY M. BURGESS , District Judge . On November 22, 2019, Mr. Spencer filed a "Demand for Immediate Vacation of Void Judgment Due to Facially Void Warrant" ("Demand for Vacation"). 1 For the following reasons, the Demand for Vacation is DENIED WITHOUT PREJUDICE . I. BACKGROUND On November 30, 2007, a jury found Defendant Rollin Lee Spencer guilty of two counts of Felon in Possession of Firearms, in violation of 18 U.S.C. 922(g)(1),...
