ORDER AND OPINION [Re: Motion at docket 16] JOHN W. SEDWICK , Senior District Judge . I. MOTION PRESENTED At docket 16, plaintiff Danielle-Susanne K. Wagner ("Plaintiff") moves to compel defendant Blue Cross Blue Shield of Illinois ("Defendant") to respond to her discovery requests. She also seeks sanctions pursuant to Federal Rule of Civil Procedure 37. Additional supporting memoranda and exhibits are at dockets 16 and 19. Defendant responds at docket 21, and Plaintiff replies at...
AMENDED ORDER GRANTING DEFENDANTS' MOTION TO DISMISS AT DOCKET 8 RALPH R. BEISTLINE , District Judge . I. INTRODUCTION This suit before the Court is a declaratory judgment action to determine the rights of the parties to a commercial lease. Defendants Sears, Roebuck and Co. ("Sears"), Sears Holding Corporation, Seritage Growth Properties, L.P., and Seritage Growth Properties (the Seritage entities collectively "Seritage"), filed a Motion to Dismiss at Docket 8. Plaintiff Carr-Gottstein...
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS AT DOCKET 14 AND DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AT DOCKET 17 RALPH R. BEISTLINE , District Judge . Before the Court at Docket 14 is Defendant, Natural Resources Conservation Service (NRCS), with a Motion to Dismiss for Failure to Exhaust Administrative Remedies. The Plaintiff responds at Docket 17 with a Motion for Summary Judgment, with Defendant replying and responding at Docket 21 and Plaintiff replying and responding at...
ORDER AND OPINION [Re: Motion at docket 14] JOHN W. SEDWICK , District Judge . I. MOTION PRESENTED At docket 14, Defendant Megan J. Brennan, Postmaster General of the United States Postal Service ("Defendant"), filed a motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to exhaust administrative remedies. Plaintiff Marites G. De La Paz ("Plaintiff") responds at docket 16. Defendant replies at docket 20. She files supplemental material at...
ORDER AND OPINION [Re: Motion at Doc. 104] JOHN W. SEDWICK , Senior District Judge . I. MOTION PRESENTED At docket 104 plaintiff Theresa Dayton ("Dayton") moves for reconsideration of the court's order at docket 81. Defendant and third-party plaintiff State of Alaska ("the State") responds at docket 108. Dayton replies at docket 114. Oral argument was not requested, and it would not be of additional assistance to the court. II. BACKGROUND Dayton sued the State for the wrongful death...
ORDER AND OPINION [Re: Motions at Docket 33, 34] JOHN W. SEDWICK , Senior District Judge . I. MOTION PRESENTED Defendants Coeur Alaska, Inc., d.b.a. Kensington Mine, Coeur Mining, Inc., and Coeur d'Alene Mines Corp. (collectively, "Coeur") filed two motions for partial summary judgment pursuant to Rule 56(a). Coeur's first partial summary judgment motion, at docket 33, seeks an order establishing that the actions of plaintiff Jerry L. DuBois ("DuBois") amount to contributory negligence....
ORDER GRANTING MOTIONS AT DOCKETS 77 AND 81 AND DENYING MOTIONS AT DOCKETS 34 AND 49 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...
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS AT DOCKET 8 RALPH R. BEISTLINE , District Judge . I. INTRODUCTION This suit before the Court is a declaratory judgment action to determine the rights of the parties to a commercial lease. Defendants Sears, Roebuck and Co. ("Sears"), Sears Holding Corporation, Seritage Growth Properties, L.P., and Seritage Growth Properties (the Seritage entities collectively "Seritage"), filed a Motion to Dismiss at Docket 8. Plaintiff Carr-Gottstein...
ORDER H. RUSSEL HOLLAND , District Judge . Motions to Dismiss Defendant United States of America, on behalf of the U.S. Army Corps of Engineers, moves to dismiss plaintiffs' second amended complaint. 1 This motion is opposed. 2 Intervenor-defendants also move to dismiss plaintiffs' second amended complaint. 3 This motion is opposed. 4 Oral argument has not been requested and is not deemed necessary. Background Plaintiffs are Scott W. Walther and Pioneer Reserve, L.L.C. Defendants...
ORDER RE MOTIONS SHARON L. GLEASON , District Judge . There are several motions pending before the Court as follows: 1. At Docket 22, Respondent State of Alaska filed a motion to dismiss under Federal Rules of Civil Procedure 7(b), 12(b)(1), and 12(b)(6). 2. At Dockets 24 and 25, Petitioner Gordon Warren Epperly filed his "Opposition to State of Alaska's Motion to Dismiss And Petitioner's Motion for Summary Judgment." 3. At Dockets 29 and 30, the State of Alaska filed the "State's...
ORDER RE MOTION FOR SUMMARY JUDGMENT SHARON L. GLEASON , District Judge . Before the Court is the United States' Motion for Summary Judgment at Docket 12. The motion has been fully briefed. 1 Oral argument was not requested and was not necessary to the Court's determination. For the reasons set forth below, the motion will be denied. BACKGROUND This case asks the Court to consider whether the United States Coast Guard's right to maintain an aid to navigation on private property rolls...
ORDER OF DISMISSAL SHARON L. GLEASON , District Judge . This matter is before the Court following the Ninth Circuit Court of Appeals mandate which affirmed in part, reversed in part, and remanded the Court's October 16, 2012 dismissal of this case. 1 The Court also addresses two motions by Plaintiffs: at Docket 102, Ellison/Breuer seek to substitute Plaintiff Louis Breuer for Defendant Johanna Hawthorne because Ms. Hawthorne died on May 20, 2014 and Mr. Breuer was appointed personal...
ORDER H. RUSSEL HOLLAND , District Judge . Motion for Summary Judgment and Sanctions Plaintiff moves for summary judgment or in the alternative for sanctions. 1 This motion is opposed. 2 Oral argument has not been requested and is not deemed necessary. Facts Plaintiff is TKC Aerospace, Inc. (TKCA). Defendant is Charles Taylor Muhs. TKCA, an Alaska Native Corporation 8(a) contractor, specializes in aircraft procurement and leasing and aerospace logistics support and professional...
ORDER REMANDING FOR PAYMENT OF BENEFITS DOCKET 16 RALPH R. BEISTLINE , District Judge . I. INTRODUCTION Claimant, DELORIS ANN STEVENS, filed an application for Disability Insurance Benefits which Defendant, the Commissioner of Social Security, denied. Claimant has exhausted her administrative remedies and seeks relief from this Court, arguing that the Commissioner's decision that she is not disabled within the meaning of the Social Security Act is not supported by substantial evidence....
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS Sharon L. Gleason , UNITED STATES DISTRICT JUDGE . Before the Court at Docket 72 is Plaintiff's Motion for Summary Judgment. Defendants opposed at Docket 77, and Plaintiff replied at Docket 81. Shortly afterwards, Defendants filed a Motion to Dismiss Based on Qualified Immunity at Docket 87. Plaintiff opposed at Docket 89, and Defendants replied at Docket 92. Oral argument was not requested by either party and was not necessary to the Court'...
ORDER H. RUSSEL HOLLAND , District Judge . Motions to Dismiss Defendants move to dismiss plaintiff's claims. 1 These motions are opposed. 2 Oral argument was not requested and is not deemed necessary. Background Plaintiff is Cash Depot, Inc. Defendants are Commercial ATM Services, LLC, d/b/a as Alaska ATM Service; Societe Financial, LLC d/b/a Alaska ATM Service; Societe Financial Group, LLC d/b/a/ Alaska ATM Service; James Dainis; and Dominic and Reynold Krueger. Societe Financial...
ORDER REGARDING FEDERAL DEFENDANTS' MOTION TO DISMISS RALPH R. BEISTLINE , District Judge . I. INTRODUCTION Plaintiff John Victor Morkal has filed suit against Defendant Terry Hawks and at least two unidentified employees of the United States Social Security Agency ("Federal Defendants") alleging Defendants participated in a scheme by which Plaintiff was defrauded of federal Supplemental Security Income (SSI) benefit payments and Alaska Adult Public Assistance (ADA) funds. The United...
ORDER AND OPINION [Re: Motion at docket 11] JOHN W. SEDWICK , Senior District Judge . I. MOTION PRESENTED At docket 11, Defendants HDR, Inc. ("HDR"), HDR LTD Inc. Plan ("LTD Plan"), and United of Omaha Life Insurance Co. ("United of Omaha"; collectively, "Defendants") filed a motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Plaintiff Vivian Dietz-Clark ("Dietz-Clark" or "Plaintiff") responds at docket 12. Defendants reply at docket 17. Oral argument...
ORDER REGARDING MOTION TO DISMISS RALPH R. BEISTLINE , District Judge . Counsel for Kurt Lepping filed an Amended Petition for Writ of Habeas Corpus under 28 U.S.C. 2254, 1 challenging the judgment of conviction entered by the Alaska Superior Court in State of Alaska v. Kurt Lepping, 3AN-10-01773CR. 2 Counsel for Mr. Lepping asserted that each ground on which the Amended Petition is based was raised in the state courts, up through and including the Alaska Supreme Court, as required...
ORDER AND OPINION [Re: Motions at dockets 11 and 12] JOHN W. SEDWICK , Senior District Judge . I. MOTIONS PRESENTED At docket 11, defendant State Farm Mutual Automobile Insurance Company ("State Farm") moves for a protective order foreclosing discovery on the bad faith claim pled by plaintiff Mark Stowers ("Stowers"). Stowers responds at docket 19, and State Farm replies at docket 27. State Farm's interrelated motion to sever and stay the bad faith claim is at docket 12. Stowers'...
