ORDER H. RUSSEL HOLLAND , District Judge . This is an action for judicial review of the denial of disability benefits under Title II and Title XVI of the Social Security Act, 42 U.S.C. 401-434, 1381-1383f. Plaintiff Eric Maurice Cannon has timely filed his opening brief, 1 to which defendant, the Commissioner of the Social Security, has timely responded. 2 Oral argument was not requested and is not deemed necessary. Procedural Background On July 24, 2014, plaintiff filed...
ORDER RE MOTION TO DISMISS SHARON L. GLEASON , District Judge . Before the Court at Docket 100 is Plaintiffs' (collectively, "TD Ameritrade") Motion to Dismiss Defendant's Third Amended Counterclaims. Defendant James Matthews filed an opposition to the motion at Docket 103 and TD Ameritrade filed a reply at Docket 106. Oral argument was not requested and was not necessary to the Court's decision. For the reasons set forth below, the Motion to Dismiss will be denied. BACKGROUND This is...
ORDER AND OPINION [Re: Motion at docket 53] JOHN W. SEDWICK , Senior District Judge . I. MOTION PRESENTED At docket 53 plaintiff Estate of Joseph Murphy ("Plaintiff") asks the court to conduct an in camera review of certain personnel and disciplinary records of defendant Jill Robinson ("Robinson"). Robinson responded at docket 68. Plaintiff replies at docket 74. Oral argument was not requested and would not be of assistance to the court. II. BACKGROUND Joseph Murphy ("Murphy") was...
DECISION AND ORDER SHARON L. GLEASON , District Judge . On or about March 27, 2014, Randy Joe Chance protectively filed an application for Disability Insurance Benefits ("disability benefits") under Title II of the Social Security Act ("the Act"), alleging disability beginning January 19, 2012. 1 Mr. Chance later amended his alleged onset date to January 29, 2014. 2 Mr. Chance has exhausted his administrative remedies and filed a Complaint seeking relief from this Court. 3 On May 7,...
ORDER H. RUSSEL HOLLAND , District Judge . This is an action for judicial review of the denial of disability benefits under Title II of the Social Security Act, 42 U.S.C. 401-434. Plaintiff Rance Lentz has timely filed his opening brief, 1 to which defendant, the Commissioner of the Social Security Administration, has timely responded. 2 Oral argument was requested but is not deemed necessary. Procedural Background On August 2, 2015, plaintiff filed an application for disability...
ORDER OF DISMISSAL SHARON L. GLEASON , District Judge . Before the Court at Docket 54 is Defendant United States' Motion to Dismiss. At Docket 56 is Defendants Lendlease (US) Public Partnerships, LLC and North Haven Communities, LLC's ("NHC") Motion to Dismiss. Plaintiffs did not file responses to either motion by the dates responses would have been due. The Rockwells filed an amended complaint at Docket 49. The amended complaint asserts two claims for relief: violation of the Fair...
ORDER RE MOTION TO DISMISS SHARON L. GLEASON , District Judge . Before the Court at Docket 29 is Respondent Mike Gilligan's motion to dismiss Ms. Welton's First Amended Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2254(d) ("Petition"). Ms. Welton opposed at Docket 32, and Respondent replied at Docket 33. Oral argument was not requested and was not necessary for the Court's determination. BACKGROUND On May 31, 2002, an Alaska state jury found Ms. Welton guilty of first-...
ORDER RE MOTION TO DISMISS SHARON L. GLEASON , District Judge . Before the Court at Docket 8 is Defendant Alaska Airlines, Inc.'s Motion to Dismiss. Plaintiff Ka West opposed at Docket 14. Alaska Airlines replied at Docket 18. Oral argument was held on August 23, 2018, at Anchorage, Alaska before Judge Sharon L. Gleason. 1 BACKGROUND Alaska Airlines employed Ms. West as a customer service agent beginning in January 2007. 2 The terms and conditions of Ms. West's employment were...
ORDER RE CROSS-MOTIONS FOR SUMMARY JUDGMENT SHARON L. GLEASON , District Judge . Before the Court at Docket 25 is Plaintiffs Natural Resources Defense Council, Center for Biological Diversity, Greenpeace, Inc., and Friends of the Earth's ("Plaintiffs") motion for summary judgment. Intervenor-Defendant ConocoPhillips Alaska, Inc. ("CPAI") opposed and cross-moved for summary judgment at Docket 28. Defendants Ryan Zinke, Karen Mouritsen, and the Bureau of Land Management ("BLM") (...
ORDER RE CROSS-MOTIONS FOR SUMMARY JUDGMENT SHARON L. GLEASON , District Judge . Before the Court at Docket 35 is Plaintiffs Northern Alaska Environmental Center, Alaska Wilderness League, Defenders of Wildlife, the Sierra Club, and The Wilderness Society's ("Plaintiffs") motion for summary judgment. Intervenor-Defendant ConocoPhillips Alaska, Inc. ("CPAI") filed an opposition and cross-motion for summary judgment at Docket 46. Defendants United States Department of the Interior, United...
ORDER H. Russel Holland , United States District Judge . Cross-motions for Summary Judgment; Motion to Determine Law of the Case Plaintiffs move for summary judgment. 1 In response, defendants move for a determination of the law of the case on the Tonnage Clause and Rivers and Harbors Act. 2 Defendants also oppose plaintiffs' motion for summary judgment and cross-move for summary judgment. 3 Defendants' motion for a determination of law is opposed 4 as is defendants' cross-motion for...
ORDER H. RUSSEL HOLLAND , District Judge . Motion to Dismiss Defendants move to dismiss plaintiff's complaint. 1 This motion is opposed. 2 Oral argument was not requested and is not deemed necessary. Background Plaintiff is Paul G. Shearer. Defendants are Ryan Zinke, the Department of Interior ("DOI"), the Bureau of Land Management ("BLM"), and the National Park Service ("NPS"). This case involves two unpatented mining claims, the Banjo and Pass claims, which "are located in the...
ORDER H. RUSSEL HOLLAND , District Judge . Cross-Motions for Summary Judgment Plaintiff moves for partial summary judgment and the issuance of a permanent injunction. 1 This motion is opposed, and defendant cross-moves for summary judgment. 2 Defendant's cross-motion is opposed. 3 Oral argument was not requested and is not deemed necessary. Facts Plaintiff is R. Alexander Acosta, the Secretary of Labor. Defendant is the State of Alaska, Department of Transportation and Public...
ORDER H. RUSSEL HOLLAND , District Judge . Motion to Remand Plaintiffs move to remand this matter to state court, or, in the alternative to take jurisdictional discovery. 1 This motion is opposed. 2 Oral argument was not requested and is not deemed necessary. Background Plaintiffs are William Curtis, M.D., and Pedro Valdes, M.D., both of whom are alleged to be residents of Anchorage, Alaska. 3 Defendant is Providence Health and Services ("PH&S"), which is alleged to be "a Washington...
ORDER Motion to Dismiss H. RUSSEL HOLLAND , District Judge . Defendants move to dismiss plaintiffs' second amended and consolidated complaint. 1 This motion is opposed. 2 Oral argument was requested and has been heard. Background Plaintiffs are Marvin Roberts, George Frese, Kevin Pease, and Eugene Vent. Defendants are the City of Fairbanks, James Geier, Clifford Aaron Ring, Chris Nolan, and Dave Kendrick. Plaintiffs were convicted of the October 11, 1997 murder of John Hartman 3 and...
ORDER AND OPINION [Re: Motion at docket 22] JOHN W. SEDWICK , Senior District Judge . I. MOTION PRESENTED At docket 22, Plaintiff moves to strike defendant Rockford's counterclaim. Rockford responds at docket 23. Plaintiff replies at docket 25. Oral argument was not requested and would not aid the court. II. DISCUSSION Plaintiff alleges in its Complaint that the U.S. Army Corps of Engineers awarded the prime contract to construct a replacement fueling station at Tinker Air Force Base...
ORDER FROM CHAMBERS [Motions at Docket 12 & 17]. JOHN W. SEDWICK , Senior District Judge . I. MOTIONS PRESENTED Plaintiff moved for summary judgment at docket 12. Defendants United States Department of Defense and the U.S. Army (jointly "Defendant") filed an opposition and cross motion for summary judgement at docket 16. Defendant filed the same opposition and cross motion for summary judgement again at docket 17. Plaintiff filed a combined opposition/reply at docket 20. Defendant filed...
ORDER Motion to Dismiss H. RUSSEL HOLLAND , District Judge . On January 26, 2018, defendant Stolairus Aviation Inc. moved to dismiss the claims against it. 1 Plaintiffs moved to continue the motion in order to take jurisdictional discovery. 2 On April 3, 2018, the court granted plaintiffs' motion to continue, giving plaintiffs time in which to conduct jurisdictional discovery related to specific jurisdiction and giving the parties an opportunity to file supplemental briefing. 3 The...
VEXATIOUS LITIGANT ORDER AND ORDER OF DISMISSAL SHARON L. GLEASON , District Judge . Before the Court at Docket 5 and Docket 7 are Defendant Bankruptcy Trustee Larry Compton's ("Trustee") Motions to Declare Donald Tangwall a Vexatious Litigant and Require Pre-Filing Order for Him to File Any Pleadings and to Dismiss Case. 1 Plaintiff Donald Tangwall opposed the motions at Docket 10 and Docket 12. Trustee replied at Docket 11. Oral argument was held on June 29, 2018, at Fairbanks, Alaska....
ORDER AND OPINION [Re: Motion at Docket 19] JOHN W. SEDWICK , Senior District Judge . I. MOTION PRESENTED At docket 19 Defendants Fairbanks Joint Crafts Council, AFL-CIO ("FJCC") and the International Brotherhood of Electrical Workers, Local #1547 ("IBEW") jointly move pursuant to Federal Rule of Civil Procedure 12(c) for an order dismissing the complaint of Plaintiff Chicago Bridge and Iron Company, N.V. ("CB&I"). CB&I opposes the motion at docket 20, and FJCC and IBEW jointly reply at...
