37 results for 'judge:"Kindred"'.
J. Kindred denies in part a training academy attendee's motion for attorney fees and grants her and another attendees' motion for entry of judgment regarding a trainee recruit's allegations of racial and sexual discrimination while she was in the state trooper training academy. Partial final judgment dismissing the attendees is warranted, however, an award of attorney fees is not.
Court: USDC Alaska, Judge: Kindred, Filed On: April 17, 2024, Case #: 3:23cv29, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Kindred denies a potential lodge buyer's motion for a new trial and grants in part the lodge owner's motion for attorney fees after the potential buyer terminated the sale contract. The jury found that the buyer breached the covenant of good faith and fair dealing and awarded one dollar to the owner, and found that the owner had made negligent misrepresentations to the buyer, and awarded one dollar to the buyer. Both parties claim to be the prevailing party. The jury's verdict was reasonable and not contrary to the weight of the evidence. The lodge owner made an offer of judgment to the buyer, which the buyer rejected. This entitles the owner to costs incurred after the offer was made. The owner is to provide separate accountings for costs and fees.
Court: USDC Alaska, Judge: Kindred, Filed On: April 3, 2024, Case #: 3:21cv123, NOS: Other Contract - Contract, Categories: Attorney Fees, Contract
J. Kindred denies an insurance company's motion for summary judgment in a dispute with an insured regarding damage to his fifth wheel while he was on vacation. The record does not include necessary facts of the incident that led to the damage. The insurance company has "not demonstrated that they had a reasonable basis to deny coverage under the vacation liability provision" of the insured's policy.
Court: USDC Alaska, Judge: Kindred, Filed On: March 26, 2024, Case #: 3:22cv87, NOS: Insurance - Contract, Categories: Insurance
J. Kindred adopts the report and recommendations regarding the government's allegations that a locksmith and security services business and its owner did not pay federal employment and unemployment taxes as required for employers. The government seeks sanctions against the company. The "business does not operate lawfully" as it has "failed to comply with federal tax law, as well as this Court’s orders, for years" and currently owes nearly $2 million in unpaid taxes. The recommended permanent injunction is warranted.
Court: USDC Alaska, Judge: Kindred, Filed On: March 20, 2024, Case #: 3:19cv134, NOS: Taxes (U.S. Plaintiff or Defendant) - Federal Tax Suits, Categories: Employment, Tax, Injunction
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J. Kindred denies a longshoreman's negligence claim stemming from a shoulder injury he sustained when he slipped and fell while working aboard a vessel. "It is not reasonable for a professional longshoreman to expect an ice-free deck inside of a freezer hold when the hatch cover is open to the elements." The longshoreman's supervisor warned him that the decks would be slippery and instructed him to use extra care. "The cargo deck in question was not covered in ice and there was no ice or slick condition beyond the usual conditions."
Court: USDC Alaska, Judge: Kindred, Filed On: March 20, 2024, Case #: 3:20cv98, NOS: Marine - Contract, Categories: Maritime, Tort
J. Kindred grants an insurance company's motion for attorney fees in a coverage dispute following an injury accident aboard a natural gas platform. The insurer sought a declaratory judgment that the charterer’s policy did not provide coverage for the accident, and the court found for the insurer. As the prevailing party, the insurer is granted $43,952.
Court: USDC Alaska, Judge: Kindred, Filed On: February 13, 2024, Case #: 3:21cv252, NOS: Insurance - Contract, Categories: Insurance
J. Kindred grants Alaska Airline's motion to dismiss a dispute with a former state senator regarding her nearly year-long ban from flying with Alaska Airlines for failing to comply with mask mandates during the Covid-19 pandemic and "combative interactions with Alaska Airlines staff." Her ban was lifted after the mask mandate ended. The former senator has not shown that the Specially Appearing Defendants have minimum contacts with Alaska to support jurisdiction. The former senator's claims against Alaska Airlines for “'violations of the duty of care concerning treatment of airline passengers with disabilities' fails because no such duty exists under state law."
Court: USDC Alaska, Judge: Kindred, Filed On: February 12, 2024, Case #: 3:23cv87, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Covid-19
J. Kindred grants cross-motions to amend a dispute between a construction company and the asphalt company it subcontracted with over a federal public works contract for road maintenance. The construction company issued a written notice that the asphalt company was in default due to unaddressed deficiencies in work. The asphalt company responded that it had not been paid for previous work and that cold weather was delaying the completion of the work. The construction company has not shown good cause for modifying deadlines to allow leave to amend, however the asphalt company has shown good cause, therefore the scheduling and planning order's deadline will be modified, allowing both parties to amend.
Court: USDC Alaska, Judge: Kindred, Filed On: February 7, 2024, Case #: 3:21cv228, NOS: Other Contract - Contract, Categories: Contract
J. Kindred grants the government's motion to dismiss breach of contract claims regarding cancelation of a contract to charter a vessel to recover oceanographic equipment in the Bering and Chukchi Seas. The court lacks jurisdiction, because the company failed to exhaust administrative remedies under the Contract Disputes Act.
Court: USDC Alaska, Judge: Kindred, Filed On: January 24, 2024, Case #: 3:23cv62, NOS: Marine - Contract, Categories: Maritime, Contract
J. Kindred denies an insurance company's motion for summary judgment regarding an insurance dispute with a homeowner. The insurer claims that it did not owe a duty of coverage for the property following water damage because the homeowner obtained insurance coverage but did not list the bank that had foreclosed on the property on the application, as the homeowner alleged that the notice of default was defective. "To adequately adjudicate this issue, the Court will need to make a finding of fact."
Court: USDC Alaska, Judge: Kindred, Filed On: January 8, 2024, Case #: 3:21cv42, NOS: Insurance - Contract, Categories: Insurance
J. Kindred grants an employer's motion to dismiss an employee's allegations of discrimination following her termination from the Alaska State Trooper’s Training Academy. The employee alleges that training academy employees and training recruits "discriminated against her on the
basis of her race and sex, retaliated against her for reporting harassment, and conspired to interfere with her civil rights." One of the academy employees "is cloaked with Tribal sovereign immunity." The employee's claims against the state defendants are dismissed for failure to state a claim and lack of jurisdiction.
Court: USDC Alaska, Judge: Kindred, Filed On: January 5, 2024, Case #: 3:23cv29, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Kindred denies a renewed and amended motion for class certification in a fraud suit against LuLaRoe, a clothing multi-level marketing company. A consumer alleges that the company systematically charged consumers in Alaska a sales tax that they did not owe. "The individualized question of standing predominates over the common questions of law and fact...rendering class certification impracticable."
Court: USDC Alaska, Judge: Kindred, Filed On: December 5, 2023, Case #: 3:18cv197, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Class Action
J. Kindred denies in part the government's motion for summary judgment in a wrongful death suit. A patient was seen at a clinic for cold symptoms and was sent home with medication. After being seen a second time for fatigue, the patient continued to complain and request medical treatment, but a clinic staff member refused to see her a third time. The patient died that same day after complaining that she was having trouble breathing. The patient's loved one's claims for non-economic damages related to the patient's care continue.
Court: USDC Alaska, Judge: Kindred, Filed On: December 5, 2023, Case #: 3:21cv116, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Wrongful Death
J. Kindred denies in part a gun manufacturer's motion for summary judgment in a personal injury suit regarding its single-action five-shot revolver after an individual's gun fell from its holster, struck a rock, and discharged, sending a bullet into the individual's shoulder. A jury could conclude "that a handgun that discharges without a pull of the trigger when dropped is unfit for ordinary use or that the product failed to perform as safely as an ordinary consumer would expect." The individual's strict liability claim continues.
Court: USDC Alaska, Judge: Kindred, Filed On: November 22, 2023, Case #: 3:19cv292, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Tort, Product Liability, Firearms
J. Kindred dismisses the matter as frivolous. The individual's "narrative contains unintelligible claims involving kidnapping, human trafficking, wrongful incarceration, the Magna Carta, embezzlement, evictions, garnished wages, denial of disability benefits, distribution of the Permanent Fund Dividend, genocide, and child abuse."
Court: USDC Alaska, Judge: Kindred, Filed On: November 7, 2023, Case #: 3:23cv135, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Employment
J. Kindred dismisses the matter as frivolous. The individual's "narrative contains unintelligible claims involving kidnapping, human trafficking, wrongful incarceration, the Magna Carta, embezzlement, evictions, garnished wages, denial of disability benefits, distribution of the Permanent Fund Dividend, genocide, and child abuse."
Court: USDC Alaska, Judge: Kindred, Filed On: November 7, 2023, Case #: 3:23cv244, NOS: Rent Lease & Ejectment - Real Property, Categories: Real Estate
J. Kindred dismisses the matter as frivolous. The individual's "narrative contains unintelligible claims involving kidnapping, human trafficking, wrongful incarceration, the Magna Carta, embezzlement, evictions, garnished wages, denial of disability benefits, distribution of the Permanent Fund Dividend, genocide, and child abuse."
Court: USDC Alaska, Judge: Kindred, Filed On: November 7, 2023, Case #: 3:23cv134, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Employment
J. Kindred dismisses the matter as frivolous. The individual's "narrative contains unintelligible claims involving kidnapping, human trafficking, wrongful incarceration, the Magna Carta, embezzlement, evictions, garnished wages, denial of disability benefits, distribution of the Permanent Fund Dividend, genocide, and child abuse."
Court: USDC Alaska, Judge: Kindred, Filed On: November 7, 2023, Case #: 3:23cv136, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Employment
J. Kindred grants the government's motion for preliminary injunction against an allegedly illegal mining operation. The mine owners refused to allow the Mine Safety and Health Administration to perform an inspection, and continued moving mining equipment. The MSHA later accessed the area via helicopter, where it was determined to be an unregistered gold mining operation. The mine owner again denied MSHA access. MSHA issued 17 citations, and the owner did not "provide evidence that the cited hazards had been abated." The government has shown that it is likely to succeed on the merits "regarding an injunction preventing miners from entering the mine site without receiving proper training first." The mine owners are enjoined from denying MSHA inspectors entry to the mine.
Court: USDC Alaska, Judge: Kindred, Filed On: November 1, 2023, Case #: 4:23cv19, NOS: Other Labor Litigation - Labor, Categories: Labor
J. Kindred grants in part commercial salmon fishing organizations' motion for interim attorney fees regarding a dispute with the federal government over the commercial fishing management of federal waters. The organizations were granted summary judgment and the matter was remanded for further proceedings. The government does not dispute that an award is appropriate, but objects to an award that includes fees for work performed in prior proceedings. As the prevailing party, the organizations are awarded $336,692 in attorney fees.
Court: USDC Alaska, Judge: Kindred, Filed On: September 28, 2023, Case #: 3:21cv255, NOS: Other Statutory Actions - Other Suits, Categories: Environment, Attorney Fees
J. Kindred denies in part the state's motion to dismiss a putative class action brought by fourteen children in the custody of Alaska’s Office of Children’s Services, seeking "wide-ranging reform of Alaska’s foster care system," alleging that it harms the children it was designed to protect. The children have sufficiently pleaded injuries traceable to the state's misconduct and have established standing to bring their claims in federal court. The children plausibly allege that Children's Services violated their due process rights. The children's claims regarding familial association with their parents continue. Members of the ADA subclass have stated a claim for "a failure to implement reasonable modification to avoid unjustified isolation."
Court: USDC Alaska, Judge: Kindred, Filed On: September 28, 2023, Case #: 3:22cv129, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Kindred denies failed business owners' motion to dismiss an investor's allegations that it was not repaid money they advanced for materials, equipment, employee wages and operating costs for a marijuana grow facility and a vessel. The business owner seeks to dismiss the claims as they relate to marijuana cultivation, which is illegal. The business owner's "illegality defense does not relieve them of their obligations" regarding the investor's request to have its investment returned.
Court: USDC Alaska, Judge: Kindred, Filed On: September 27, 2023, Case #: 1:21cv9, NOS: Other Contract - Contract, Categories: Contract
J. Kindred dismisses all claims against the U.S. Forest Service in an action where a company that provides helicopter skiing services seeks vacatur of the Forest Service's decision not to select the company's application for further processing. The company alleges that the Forest Service violated the Administrative Procedure Act when it denied the company's application, but granted another skiing services company's application. The Forest Service's review "demonstrates thoroughness, rational validity, and consistency."
Court: USDC Alaska, Judge: Kindred, Filed On: September 20, 2023, Case #: 3:22cv48, NOS: Other Statutory Actions - Other Suits, Categories: Administrative Law
J. Kindred grants Wells Fargo's motion to dismiss in part a customer's allegations that the bank allowed someone to access her safety deposit box without requiring identification, which led to the removal of $300,000 worth of property. The customer's claims under the Alaska Unfair Trade Practices and Consumer Protection Act, her "breach of promise" claim, and her negligence and misrepresentation claims are insufficiently pled. Her remaining claims continue.
Court: USDC Alaska, Judge: Kindred, Filed On: September 12, 2023, Case #: 3:22cv154, NOS: Other Contract - Contract, Categories: Contract
J. Kindred grants in part an insured's motion for partial summary judgment as to the content and terms of a life insurance policy. The insured asserts that the insurer issued a different version of the policy than what they now assert is the operative version. The insurer alleges the operative version of the policy contains additional documents including a signed amendment and two merger endorsements. A genuine dispute of material fact exists as to whether the operative version of the policy includes the additional documents.
Court: USDC Alaska, Judge: Kindred, Filed On: July 27, 2023, Case #: 3:22cv10, NOS: Insurance - Contract, Categories: Insurance