ORDER AND OPINION [Re: Motions at docket 46, 61] JOHN W. SEDWICK, District Judge. I. MOTIONS PRESENTED At docket 46, Plaintiff Bryan Belgrove ("Belgrove") filed a motion for partial summary judgment as to his state law claim for wrongful discharge in breach of the covenant of good faith and fair dealing. Defendant North Slope Borough Power, Light, and Public Works ("the Borough" or "Public Works") responded at docket 60 and crossed moved for summary judgment as to all of Belgrove's claims...
ORDER RE FOUR PENDING MOTIONS SHARON L. GLEASON, District Judge. This litigation concerns a contract dispute between Plaintiff Alcan Forest Products, LP ("Alcan") and Defendant A-1 Timber Consultants, Inc. ("A-1"). Before the Court are numerous motions, including three motions for summary judgment and a motion to amend the answer. This Order is intended to address these four pending motions. Each has been fully briefed, and on June 21, 2013, the Court heard oral argument on the motions: 1...
ORDER REGARDING MOTION FOR ORDER DIRECTING GOVERNMENT TO PROVIDE ADDITIONAL DISCOVERY (Docket 105) JOHN D. ROBERTS, Magistrate Judge. Defendant James Michael Wells moves for an order directing the government to provide additional discovery, Docket 105. The government filed its opposition/response at Docket 111. Wells filed his reply at Docket 127. The request for oral argument raised in the reply is denied. General Discovery Requests pursuant to Rule 16. 1. The request for the defendant'...
ORDER REGARDING MOTION TO EXCUSE SECOND DEFENSE COUNSEL (Docket 112) JOHN D. ROBERTS, Magistrate Judge. The United States moves the court to vacate the order appointing a second defense counsel in this prosecution. See Motion to Excuse Second Defense Counsel, Docket 112. The motion is opposed by the defendant, Docket 115. Upon due consideration the government's motion is granted in part and denied in part. Defendant James Michael Wells, was appointed two attorneys pursuant to 18 U.S.C....
REVISED RECOMMENDATION REGARDING MOTION TO SUPPRESS Docket No. 22. JOHN D. ROBERTS, Magistrate Judge. Defendant NOU XIONG moves for an order suppressing evidence seize during the execution of search warrants 3:12-MJ-00355 and 3:12-MJ-00356 on grounds that the officers executing the warrants exceeded the scope of the warrants and no applicable exception to the warrant requirements applies. Docket 22. The motion is opposed by the government. Docket 23. An evidentiary hearing was conducted...
ORDER RE CROSS-MOTIONS FOR SUMMARY JUDGMENT SHARON L. GLEASON, District Judge. Plaintiffs move for partial summary judgment. 1 This motion is opposed and Defendant cross-moves for summary judgment. 2 Oral argument on the motions was heard on July 25, 2013. FACTS Plaintiffs Lawrence McCoy, Todd McDonald, Donald Meany, Robert Mercier, Richard Patterson, Gary Quarles, Lawrence Shue, Rick Tidwell, and Steve Williamson are former and current employees of Defendant, the North Slope Borough (NSB)...
ORDER GRANTING MOTION TO DISMISS SHARON L. GLEASON, District Judge. Before the Court at Docket 26 is a Motion to Dismiss filed by Defendant City of Palmer. The motion has been fully briefed and oral argument was held in Anchorage on May 13, 2013. For the reasons explained below, the motion will be granted, with partial leave to amend. FACTUAL ALLEGATIONS AND PROCEDURAL BACKGROUND The False Claims Act ("FCA"), 31 U.S.C. 3729-3733, was enacted in 1863 to protect the federal government...
ORDER AND OPINION JOHN W. SEDWICK, District Judge. I. MOTION PRESENTED At docket 55, defendant United States of America ("United States") filed a motion for summary judgment. It argues that summary judgment in its favor is warranted because plaintiffs Pearlene Pete, et al. ("Plaintiffs") have failed to present a qualified expert as required to prevail in this medical malpractice case. Plaintiffs oppose at docket 56. The United States filed a notice of waiver of reply at docket 59. Oral...
ORDER RE MOTION FOR SUMMARY JUDGMENT SHARON L. GLEASON, District Judge. Before the Court is a Motion for Summary Judgment filed by Defendants Guthy-Renker, LLC and Guthy-Renker Partners, Inc. (collectively "Guthy-Renker") on May 10, 2013. 1 Plaintiff Lisa Blake opposed the motion on June 11, 2013, and Defendants replied on July 10, 2013. 2 Neither party requested oral argument and this Court has determined that it was not necessary to resolve the motion. For the reasons set forth below,...
ORDER GRANTING MOTION FOR SUMMARY JUDGMENT SHARON L. GLEASON, District Judge. Before the Court at Docket 23 is Defendant Stephen E. Smith's Motion for Summary Judgment. Plaintiff Michael Henri; Glasgow, representing himself, opposed at Docket 29 and Defendant replied at Docket 30. Oral argument was not requested and was not necessary to the Court's determination of this motion. For the reasons explained below, the motion will be granted. FACTUAL AND PROCEDURAL BACKGROUND The facts, viewed...
ORDER AND OPINION JOHN W. SEDWICK, District Judge. I. MOTION PRESENTED At docket 70 plaintiffs Coreen Renee Noble ("Coreen") and her husband Robert Noble (collectively "Nobles") ask the court to apply the presumption created in Sweet v. Sisters of Providence 1 to three affirmative defenses pled by defendant United States. The United States' response is at docket 80, and plaintiffs reply at docket 85. Oral argument was not requested, and it would not be of material assistance to the court....
RECOMMENDATION REGARDING MOTION TO VACATE ( 2255) (Docket Nos. 331/344) JOHN D. ROBERTS, Magistrate Judge. Defendant Steven Landers filed an Amended 2255 Motion at Docket 344, supplementing his original Pro Se 2255 Motion to Vacate at Docket 331. The Amended Motion to Vacate was filed as a supplement to the original Motion. Landers asks that his conviction be set aside and his case dismissed and that he be released from supervision by the Probation Office. The government filed an...
RECOMMENDATION MOTION TO VACATE REGARDING MOTION TO VACATE 2255 (Docket No. 166) JOHN D. ROBERTS, Magistrate Judge. Issues Presented The Amended 2255 Motion raises several claims of ineffective assistance of trial counsel and of appellate counsel. The Amended Motion alleges the following ineffective assistance of trial counsel claims: (1) failing to file a motion to suppress based on an alleged illegal stop of the white Dodge Dakota on December 9, 2004; (2) failed to impeach the...
ORDER REGARDING OBJECTIONS TO ORDER ON MOTION TO REOPEN FRANKS HEARING (Docket 285/287). JOHN D. ROBERTS, Magistrate Judge. Trace Thoms has filed Objections to the Order Denying his Motion to Reopen an evidentiary hearing. Docket 286. These objections have been referred to the magistrate judge for consideration. Docket 287. The government was allowed to file a reply to the objections and submitted a response, Docket 289. This Order addresses those objections. Trace Thoms moved to suppress...
ORDER RE PSYCHOLOGICAL/PSYCHIATRIC EVALUATION OF DEFENDANT (1) TO DETERMINE COMPETENCY; AND (2) TO DETERMINE DEFENDANT'S MENTAL STATE AT THE TIME OF THE ALLEGED OFFENSES (Docket No. 35) JOHN D. ROBERTS, Magistrate Judge. Pursuant to the provisions of 18 U.S.C. 4241, the court hereby orders that defendant ALAN MICHAEL BARTLETT submit to psychological/psychiatric examination (1) to determine the mental competency of the defendant. This court finds that defense counsel's affidavit concerning...
ORDER AND OPINION [Re: Motion at docket 56] JOHN W. SEDWICK, District Judge. I. MOTION PRESENTED At docket 56, defendant Wells Fargo Bank, N.A. ("Wells") moves to compel supplemental discovery responses. Plaintiff Elena Shawback ("Shawback") responds at docket 61. Wells' reply is at docket 68. Oral argument would not assist the court. II. BACKGROUND The factual and procedural background of this employment discrimination lawsuit is described in an order at docket 39. Readers unfamiliar...
ORDER AND OPINION [Re: Motion at docket 54] JOHN W. SEDWICK, District Judge. I. MOTION PRESENTED At docket 54 defendant Wells Fargo Bank, N.A. ("Wells") presents a motion requesting relief relating to the alleged destruction of evidence by plaintiff Elena Shawback ("Shawback") and for the imposition of sanctions. Shawback's response is at docket 67, and Wells' reply is at docket 69. Oral argument was not requested and would not assist the court. II. BACKGROUND The factual and procedural...
ORDER AND OPINION [Re: Motion at docket 55] JOHN W. SEDWICK, District Judge. I. MOTION PRESENTED Defendant Marine Mechanical Inc. ("MMI") filed a motion for partial summary judgment and exhibits in support at docket 55. In its motion, MMI requests that the court grant summary judgment in its favor on issues related to the amount of damages plaintiff American President Lines, Ltd. ("APL") can recover. Specifically, MMI seeks a determination that APL cannot recover from MMI (1) any part of...
ORDER AND OPINION [Re: Motions at Dockets 72 and 76] JOHN W. SEDWICK, District Judge. I. MOTION PRESENTED At docket 72, defendants Honeywell International, Inc. and Honeywell, Inc. ("Honeywell") filed a renewed motion to dismiss plaintiffs' first amended complaint with prejudice pursuant to Federal Rules of Civil Procedure 9(b) or, in the alternative, a motion for a more definitive statement pursuant to Rule 12(e). Honeywell's motion specifically references and incorporates the briefing and...
ORDER GRANTING MOTION FOR APPOINTMENT OF SUBSTITUTE CUSTODIAN; FOR PERMISSION TO MOVE THE VESSEL, AND FOR BOARDING AND INSPECTION JOHN D. ROBERTS, Magistrate Judge. Plaintiff Cape Greig, LLC, by and through their attorney, John E. Casperson of Holmes Weddle & Barcott, P.C., having appeared, now make the following recitals: 1. On June 20, 2013, a complaint herein was filed praying that the defendant vessel F/V FREEDOM, Official No. 657182, its engines, machinery, and appurtenances, etc. ("...
