ORDER RE CROSS MOTIONS FOR SUMMARY JUDGMENT Sharon L. Gleason , UNITED STATES DISTRICT JUDGE . Before the Court are Defendants' Motion for Summary Judgment at Docket 220 and Relators' Motion for Partial Summary Judgment at Docket 225. The motions have been fully briefed; 1 oral argument was held on October 17, 2016. 2 This is the third time the Court has addressed dispositive motions in this case. The Ninth Circuit has twice sent this case back to the district court following orders...
ORDER AND OPINION [Re: Motion at Docket 9] JOHN W. SEDWICK , Senior District Judge . I. MOTION PRESENTED At docket 9 defendants Ralph V. Ertz, Jr. d/b/a Ralph Ertz Attorney at Law and Michael Rose (collectively, "Ertz") move to dismiss the complaint of plaintiff Arthur R. Thorpe ("Thorpe") pursuant to Federal Rules of Civil Procedure 12(b)(1) and (6). Ertz supports his motion with a memorandum of points and authorities at docket 10. Thorpe opposes the motion at docket 16; Ertz replies...
ORDER ON MOTION TO REMAND TIMOTHY M. BURGESS , Chief District Judge . I. INTRODUCTION This matter is before the Court on Plaintiff Travis Buntin's Motion to Remand at docket 16. Defendants Schlumberger Technology Corporation ("STC") and Aaron Boogaerts oppose at docket 19. Buntin has replied at docket 21. Buntin originally filed this lawsuit against Defendants in state court alleging breach of contract and non-payment of overtime wages in violation of the Alaska Wage and Hour Act ("AWHA")....
ORDER GRANTING RECONSIDERATION AND STAYING MOTION TO VACATE SENTENCE SHARON L. GLEASON , District Judge . Before the Court is Joshua Beaty's motion for reconsideration at Docket 64. Mr. Beaty seeks reconsideration of the Court's order at Docket 61, which denied Mr. Beaty's motion to vacate his sentence. The Government opposed reconsideration at Docket 72. Oral argument was held on October 4, 2016. 1. Background On February 1, 2016, at Docket 43, Mr. Beaty filed a motion to vacate his...
ORDER RE MOTION FOR SPOLIATION SANCTIONS SHARON L. GLEASON , District Judge . Before the Court is Defendant Alarm Protection Technology's Motion for Spoliation Sanctions at Docket 236. The motion has been fully briefed; 1 oral argument was held on September 30, 2016. 2 BACKGROUND This motion comes after several years of litigation between two home security companies, Security Alarm Financing Enterprises, L.P. ("SAFE") and Alarm Protection Technologies, LLC 3 ("APT"). In June 2013,...
ORDER AND OPINION [Re: Motion at docket 66] JOHN W. SEDWICK , Senior District Judge . I. MOTION PRESENTED At docket 66 plaintiffs William Tate, et al . ("Plaintiffs") move for an order compelling answers to certain deposition questions pursuant to Federal Rule of Civil Procedure ("Rule") 37(a). Plaintiffs' motion is supported by a memorandum at docket 67 and an affidavit of counsel at docket 75. Defendant United States of America ("United States") opposes Plaintiffs' motion at docket...
ORDER RE PND'S AND GEOENGINEERS' MOTIONS FOR SUMMARY JUDGMENT SHARON L. GLEASON , District Judge . Before the Court are Defendants PND Engineers, Inc.'s and GeoEngineers, Inc.'s motions for summary judgment. 1 The motions have been fully briefed; 2 oral argument was held on June 29, 2016. 3 This order should be read in conjunction with the Court's order at Docket 478, in which the Court addressed Defendant CH2M Hill Alaska's motion for summary judgment. 4 The rulings of the prior...
ORDER AND OPINION [Re: Motions at Dockets 23 and 27] JOHN W. SEDWICK , Senior District Judge . I. MOTIONS PRESENTED Before the court are two motions in limine filed by defendant United States of America. At docket 23 the United States moves in limine to preclude plaintiff's expert opinion evidence regarding his damages from the loss of subsistence hunting and fishing opportunities. 1 Plaintiff Galen Swan ("Swan") opposes at docket 33; the United States replies at docket 38. At...
ORDER H. RUSSEL HOLLAND , District Judge . Motion to Lift Stay and for Entry of Judgment Exxon Mobil Corporation and Exxon Shipping Company (referred to collectively as "Exxon" hereinafter) move 1 to lift the stay that was entered in this case in 2009 and for entry of final judgment in favor of Nautilus Marine Enterprises in the amount of $2,245,622.87 less an offset of $496,724.26 for fees and costs awarded to Exxon in state court. This motion is opposed in part and Nautilus Marine...
ORDER AND OPINION [Re: Motion at docket 141] JOHN W. SEDWICK , Senior District Judge . I. MOTION PRESENTED At docket 75, former plaintiff Cook Inlet Energy ("CIE") filed a motion for partial summary judgment as to its material breach-of-contract claim (Count 2) and breach-of-implied-and-express-warranties claim (Count 5) against Defendants Cudd Pressure Control, Inc., ("Cudd") and RPC, Inc. CIE filed its supporting memorandum and evidence at dockets 82 and 83. It argues in its motion...
ORDER RE MOTION TO SUPPRESS SHARON L. GLEASON , District Judge . Before the Court is a Motion to Suppress filed by Defendant Nathan Strickland at Docket 46; Defendant Burk filed a notice of intent to join in the motion at Docket 61. The motion seeks to suppress evidence obtained pursuant to a search warrant for a residence located at 4191 Carefree Drive, Wasilla. The motion was referred to Magistrate Judge Deborah M. Smith. The Government filed its opposition to the motion at Docket 56;...
ORDER DENYING MOTION FOR SUMMARY JUDGMENT AT DOCKET 420 and CROSS-MOTION FOR SUMMARY JUDGMENT AT DOCKET 443 RALPH R. BEISTLINE , District Judge . I. PENDING MOTIONS Pending before the Court at Docket 420 is the Second Motion for Summary Judgment filed by Defendant Doyon Limited, in which Defendant Hungwitchin Corporation and Defendants Scott Wood and Kurt Kanam have joined. 1 Also pending at Docket 443 is the Cross-Motion for Summary Judgment filed by Plaintiff Carey Mills. Mills...
MEMORANDUM OF DECISION TIMOTHY M. BURGESS , UNITED STATES DISTRICT JUDGE . I. INTRODUCTION Plaintiffs David Thompson, Aaron Downing, Jim Crawford, and District 18 of the Alaska Republican Party ("District 18") bring this lawsuit against Defendants Paul Dauphinais, Mark Fish, Irene Catalone, Ron King, Kenneth Kirk, and Vance Sanders (collectively, "Defendants" or "the State") to challenge the constitutionality of four provisions of Alaska's campaign finance laws under the First and...
ORDER RE CROSS MOTIONS FOR SUMMARY JUDGMENT SHARON L. GLEASON , District Judge . Before the Court are Plaintiffs' and Defendants' Cross-Motions for Summary Judgment, at Dockets 20 and 34, respectively. The motions are fully briefed, 1 and oral argument was held on August 11, 2016. 2 BACKGROUND Plaintiffs Alaska Trowel Trades Pension Trust, Alaska Trowel Trades Apprenticeship & Training Funds, and Alaska Laborers-Construction Industry Health & Security Fund (collectively, the "Trust")...
ORDER RE DEFENSE MOTION TO SUPPRESS EVIDENCE SEIZED FROM BEST STORAGE LOCKER SHARON L. GLEASON , District Judge . Before the Court is Defendant's Motion to Suppress Evidence Seized from Best Storage Locker at Docket 60. At Docket 67, Defendant Miranda May Flowers filed a Notice of Joinder. The motion has been fully briefed; 1 Magistrate Judge Oravec heard oral argument on the motion on August 23, 2016. The Magistrate Judge issued a Report and Recommendation at Docket 146, to which...
ORDER RE DEFENSE MOTION TO SUPPRESS PHYSICAL EVIDENCE FROM SEARCH OF RESIDENCE SHARON L. GLEASON , District Judge . Before the Court is Defendant's Motion to Suppress Physical Evidence from Search of Residence at Docket 58. The motion has been fully briefed; 1 Magistrate Judge Oravec heard oral argument on the motion on August 23, 2016. A Report and Recommendation on the motion was issued by the Magistrate Judge at Docket 143. Defendant Wesley Flowers filed objections to the report in...
ORDER RE DEFENSE MOTION TO SUPPRESS STATEMENTS OF THE DEFENDANT SHARON L. GLEASON , District Judge . Before the Court is a Defense Motion to Suppress Statements of the Defendant at Docket 48. This motion has been fully briefed 1 and Magistrate Judge Oravec conducted an evidentiary hearing on the motion on August 23, 2016. At Docket 144, Judge Oravec issued a Final Report and Recommendation that recommended that the motion at Docket 48 be granted in part and denied in part. For the same...
REPORT AND RECOMMENDATION REGARDING DEFENSE MOTION TO SUPPRESS EVIDENCE SEIZED FROM BEST STORAGE LOCKER 4045 Dkt. 54 in 3:16-cr-00035-SLG-SAO (Dkt. 60 in 3:16-cr-00058-SLG-SAO) 1 SCOTT A. ORAVEC , Magistrate Judge . Introduction Defendant, Arnold Wesley Flowers II (Defendant), is named in two pending cases before the court, Miranda May Flowers (Miranda Flowers), is named in one. In 3:16-cr-00035-SLG-SAO, Defendant was indicted on one count of Possession of a Controlled Substance with...
ORDER RE CH2M HILL ALASKA'S MOTION FOR SUMMARY JUDGMENT SHARON L. GLEASON , District Judge . This litigation concerns the Port of Anchorage Intermodal Expansion Project (the Project), and the Open Cell Sheet Pile (OCSP) design used in the Project's construction. The facts of this case are familiar to the parties and set out in the Court's order at Docket 67. There are currently several motions for summary judgment pending. This order addresses one of those motions: CH2M Hill Alaska's...
ORDER GRANTING MOTION TO REMAND AT DOCKET 17 RALPH R. BEISTLINE , UNITED STATES DISTRICT JUDGE . I. INTRODUCTION Claimant, Edward Lee Discher, filed an application for Disability Insurance Benefits and Supplemental Security Income on August 26, 2013, which Defendant, the Commissioner of Social Security, denied. Claimant has exhausted his administrative remedies and seeks relief from this Court, arguing that the Commissioner's decision that she is not disabled within the meaning of the...
