ORDER RE DEFENDANT'S MOTION FOR SUMMARY JUDGMENT SHARON L. GLEASON, District Judge. This is an action for employment discrimination that George Coleman initiated in January 2011. Defendant Patrick R. Donahoe has moved for summary judgment on all claims that Mr. Coleman has brought against him. 1 The motion has been fully briefed by the parties 2 and oral argument was held in Anchorage on July 23, 2012. FACTUAL BACKGROUND George Coleman is an African American male who was employed by the...
ORDER AND OPINION JOHN W. SEDWICK, District Judge. I. MOTION PRESENTED At docket 31, plaintiff Jeffrey R. Green ("Green" or "plaintiff") moves in limine to exclude certain evidence. Defendant Allstate Insurance Company ("Allstate" or "defendant") opposes the motion at docket 45. Plaintiff's reply is at docket 56. Oral argument was not requested and would not assist the court. II. DISCUSSION A. Character Evidence Green concedes that evidence of his financial condition is relevant to...
ORDER AND OPINION [Re: Motions at dockets 25 & 34] JOHN W. SEDWICK, District Judge. I. MOTION PRESENTED At docket 25, plaintiff Jeffrey R. Green ("Green" or "plaintiff") moves pursuant to Federal Rule of Civil Procedure 56 for summary judgment. Defendant Allstate Insurance Company ("defendant" or "Allstate") opposes the motion at docket 36. Plaintiff's reply is at docket 50. At docket 34, Allstate cross-moves for summary judgment. Green opposes the motion at docket 49. Allstate's reply is...
RECOMMENDATION REGARDING MOTION FOR DEFAULT JUDGMENT IN REM (Docket No. 65) JOHN D. ROBERTS, Magistrate Judge. The Plaintiff, Independent Bank of Texas, filed a Motion and Memorandum for Entry of Judgment In Rem at Docket 65. Prior to the filing of this Motion, the Clerk of the Court entered Default in favor of Plaintiff. 1 Plaintiff previously moved the Court for an entry of Default Judgment against the In Rem and In Personam Defendants. 2 The Magistrate Judge recommended entry...
ORDER AND OPINION [Re: Motion at docket 17] JOHN W. SEDWICK, District Judge. I. MOTION PRESENTED At docket 17, defendant Wells Fargo Bank, N.A. ("defendant") moves pursuant to Federal Rule of Civil Procedure 12(c) for partial judgment on the pleadings. Plaintiff Elena Shawback ("Shawback") opposes the motion at docket 26. Defendant's reply is at docket 34. Oral argument was heard on July 24, 2012. II. BACKGROUND Shawback was employed by defendant and its predecessor, National Bank of...
ORDER AND OPINION [Re: Motion at Docket 131] JOHN W. SEDWICK, District Judge. I. MOTION PRESENTED At docket 131, defendant Josef F. Boehm ("Boehm") moves for partial summary judgment asking the court to grant him a judgment as a matter of law on claims made pursuant to 18 U.S.C. 1595 by plaintiff Miranda Ditullio ("Ditullio"). Section 1595 provides a civil remedy for violations of 18 U.S.C. 1591, which prohibits sex trafficking of children. Ditullio responds at docket 144, and Boehm...
DECISION AND ORDER GRANTING PRELIMINARY INJUNCTION SHARON L. GLEASON, District Judge. Koniag, Inc. instituted this action on April 9, 2012. 1 That same day, Koniag filed a Motion for a Temporary Restraining Order and Preliminary Injunction. 2 Koniag seeks an order that would enjoin the tribal attorney and judge of the Karluk Tribal Court from proceeding in the tribal court against Koniag and from attempting or threatening to record or enforce any order or judgment of the Karluk Tribal...
ORDER RE MOTION FOR REMEDIAL ORDER AND TO SHOW CAUSE SHARON L. GLEASON, District Judge. Before the court at docket 158 is Shaw's motion for a remedial order regarding the plaintiff's deposition designations. Shaw correctly notes that the Pretrial Order in this case requires a party who intends to offer a witness's testimony by deposition in lieu of live testimony to "specify the inclusive pages from the deposition which are proposed to be offered." 1 Mr. Blakeslee's deposition designations...
ORDER DENYING PLAINTIFFS' MOTION FOR TEMPORARY RESTRAINING ORDER SHARON L. GLEASON, District Judge. The plaintiffs initiated this action on June 7, 2012, seeking declaratory and injunctive relief to enforce Section 5 of the federal Voting Rights Act, which requires that certain voting changes be precleared by the Department of Justice. 1 Specifically, the plaintiffs seek to enjoin the implementation of the Amended Proclamation Plan that establishes new legislative districts in the State of...
MEMORANDUM OF DECISION TIMOTHY M. BURGESS, District Judge. I. INTRODUCTION The Defendants in this case operate clubs featuring adult entertainment in Anchorage, Alaska. Defendants Crazy Horse, Inc. and Jeanette H. Johnson (the "Crazy Horse Defendants") operate an establishment known as the Crazy Horse Saloon ("Crazy Horse"). During all relevant times, Defendants Sands North, Inc. d/b/a/Fantasies on 5th Avenue ("Sands North"), Kathleen Hartman, Carol J. Hartman, and Marco Gonzalez (the "...
ORDER AND OPINION [Re: Motion at docket 22] JOHN W. SEDWICK, District Judge. I. MOTION PRESENTED At docket 22 defendants Mark 0'Brien, James Cantor, and Richard Welsh (collectively "Defendants") move to stay further proceedings in this case pending resolution of certain litigation in the courts of the State of Alaska. Plaintiffs David E. Olson and Absolute Environmental Services, Inc. (collectively "Plaintiffs") oppose the motion at docket 30. Defendants' reply is at docket 36. Oral...
ORDER AND OPINION [Re Motion at docket 19] JOHN W. SEDWICK, District Judge. I. MOTION PRESENTED At docket 19, plaintiff Margaret Active ("plaintiff" or "Active") moves pursuant to Federal Rule of Civil Procedure 12(b)(6) to dismiss defendant's wrongful death counterclaim. Defendant Delta Western, Inc. ("defendant" or "Delta") opposes the motion at docket 20. Plaintiff's reply is at docket 23. Oral argument was not requested and would not assist the court. II. BACKGROUND M.M., a minor,...
ORDER AUTHORIZING INTERLOCUTORY SALE OF VESSEL (Docket No. 35). JOHN D. ROBERTS, Magistrate Judge. THIS MATTER having come before the Court and the Court having reviewed the pleadings on file in this matter, including the Verified Complaint of Plaintiff, GBC INTERNATIONAL BANK, and the Clerk's Entry of Default In Rem after the Defendants failed to appear in this matter after having received summons (Dockets 20 and 21) and it is undisputed that Plaintiff holds a valid Preferred Ship...
ORDER AND OPINION [Re: Motion at Docket 20] JOHN W. SEDWICK, District Judge. I. MOTION PRESENTED At docket 20, defendant Wal-Mart Stores, Inc. ("Wal-Mart") moves in limine to exclude evidence of medical expenses in excess of amounts paid by Medicaid and Medicare. Plaintiff Linda Rupp ("Rupp") opposes the motion at docket 29. Wal-Mart's reply is at docket 35. Oral argument was not requested and would not assist the court. II. BACKGROUND Rupp was injured on April 24, 2009, while...
ORDER AND OPINION [Re: Motion at docket 41] JOHN W. SEDWICK, District Judge. I. MOTION PRESENTED At docket 41, defendant Safeway, Inc. ("defendant" or "Safeway") moves in limine to exclude the testimony of plaintiff's treating physician, plaintiff's first and second supplemental disclosures, and evidence of past or future wage loss. Plaintiff Marcea Senden ("plaintiff" or "Senden") opposes the motion at docket 51. No reply was filed. Oral argument was not requested and would not assist...
ORDER RE ALL PENDING MOTIONS SHARON L. GLEASON, District Judge. Introduction On March 28, 2012, this court entered a Preliminary Injunction Order solely with respect to the United States twelve-mile territorial waters and ports. 1 That order precludes Greenpeace Inc. ("Greenpeace USA"), and those acting in concert with it from coming within certain designated distances of certain ships that Shell Offshore Inc. and Shell Gulf of Mexico Inc. (collectively "Shell") intend to use this summer...
RECOMMENDATION REGARDING UNOPPOSED MOTION OF THE UNITED STATES, APPEARING SPECIALLY AND NOT GENERALLY, RE: CERTAIN CLAIMS AND CAUSES OF ACTION Docket 34 JOHN D. ROBERTS, Magistrate Judge. The Court issued an Amended Order Issuing Injunction and Granting Motion for Order Approving Stipulation Regarding Security and Directing Issuance of Notice at Docket 20, and amended the Order at Docket 20 with limiting instructions regarding service pursuant to the Order at Docket 22. The State of Alaska...
ORDER AND OPINION [Re: Motion at Docket 77] JOHN W. SEDWICK, District Judge. I. MOTION PRESENTED At docket 77, plaintiff Diana Nayokpuk ("plaintiff" or "Nayokpuk") moves pursuant to Federal Rule of Civil Procedure 56 for partial summary judgment that the Sweet 1 presumption of negligence applies. Defendant the United States of America ("the government") opposes the motion at docket 100. Nayokpuk's reply is at docket 107. Oral argument was not requested and would not assist the court. II....
ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT SHARON L. GLEASON, District Judge. Before the court at docket 41 is defendant Ralph Delius' Motion for Partial Summary Judgment. At docket 48, plaintiff Kristy Millo opposes. At docket 51, Dr. Delius replies. FACTS AND PROCEDURAL BACKGROUND This case involves claims of damages resulting from the fatal shooting of Bret Millo by defendant Dr. Ralph Delius during a guided hunting trip in May 2010. Plaintiff Kristy Millo, the widow of Bret...
ORDER AND OPINION [Re: Motion at Docket 117] JOHN W. SEDWICK, District Judge. I. MOTION PRESENTED At docket 117, defendant Josef F. Boehm ("defendant" or "Boehm") renews his motion for judgment on the pleadings. The court denied Boehm's previous Rule 12(c) motion without prejudice. 1 Plaintiff Miranda Ditullio ("plaintiff" or "Ditullio") opposes the 2 motion at docket 121. Boehm's reply is at docket 122. Oral argument was not requested and would not assist the court. II. BACKGROUND In...
