47 results for 'judge:"Gleason"'.
J. Gleason grants a crowd management company's motion to dismiss an individual's claims that its employees confronted him at the fairgrounds, took a bag he was holding, grabbed his arm and threw him to the ground. The company is a private company, not a state entity, therefore he has not shown that the company's employees were acting as state actors during the incident. The individual is granted leave to amend "to adequately plead state actors committed First and Fourth Amendment violations."
Court: USDC Alaska, Judge: Gleason, Filed On: October 19, 2023, Case #: 3:23cv153, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Gleason grants a petition for a stipulated protective order in an insurance dispute, outlining the scope, access to, designation of and handling of confidential material in discovery.
Court: USDC Alaska, Judge: Gleason, Filed On: October 6, 2023, Case #: 3:23cv146, NOS: Insurance - Contract, Categories: Insurance, Discovery
J. Gleason denies the government's motion to dismiss environmental groups' challenge of the environmental impact statement that the Bureau of Land Management evaluated before making parts of the Naval Petroleum Reserve available for oil and gas leasing, alleging that the government failed to consider reasonable alternatives. The groups "have adequately pleaded their associational and organizational standing." The groups' claims are not time-barred.
Court: USDC Alaska, Judge: Gleason, Filed On: September 14, 2023, Case #: 3:20cv206, NOS: Environmental Matters - Other Suits, Categories: Environment
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J. Gleason grants credit reporting agencies' and a bank's motion to dismiss a consumer's allegations that his credit report contains a charge-off that should not have been applied to a credit card account that he closed in good standing. The consumer has named the wrong party among defendants and is granted leave to amend. He has also failed to state specific facts identifying the alleged harm, when that harm occurred, where it was caused and who caused the alleged harm. The consumer is granted leave to amend with sufficient plausible facts.
Court: USDC Alaska, Judge: Gleason, Filed On: September 5, 2023, Case #: 3:23cv34, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Consumer Law
J. Gleason grants credit reporting agencies' and a bank's motion to dismiss a consumer's allegations that his credit report contains a charge-off that should not have been applied to a credit card account that he closed in good standing. The consumer has named the wrong party among defendants and is granted leave to amend. He has also failed to state specific facts identifying the alleged harm, when that harm occurred, where it was caused and who caused the alleged harm. The consumer is granted leave to amend with sufficient plausible facts.
Court: USDC Alaska, Judge: Gleason, Filed On: September 5, 2023, Case #: 3:23cv49, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Consumer Law
J. Gleason grants a joint motion to approve and enter a stipulation "to enforce the statutory guarantee of language assistance for limited-English proficient (LEP) Alaska Native, United States (U.S.) voting-age (18 years of age and older) citizens under Section 203 of the Voting Rights Act" after voters alleged that the government failed to provide language assistance to LEP Alaska Native voting-age citizens.
Court: USDC Alaska, Judge: Gleason, Filed On: September 1, 2023, Case #: 3:13cv137, NOS: Voting - Civil Rights, Categories: Elections
J. Gleason denies in part an individual's motion for partial summary judgment in a dispute over wages. The individual alleges that she was entitled to a 10 percent crew share of the catch for her work as a deckhand on a fishing vessel. The owners paid her 5 percent. A genuine dispute exists between the parties as to the wage they agreed upon.
Court: USDC Alaska, Judge: Gleason, Filed On: August 21, 2023, Case #: 3:23cv35, NOS: Marine - Contract, Categories: Employment, Maritime, Contract
J. Gleason grants the city's motion for partial summary judgment regarding an individual's allegations of violation his constitutional rights relating to his arrest for disorderly conduct and harassment after he allegedly said “Oh look, a pig” to an officer. The charges against the individual were eventually dismissed. The municipal ordinance which prohibits an individual from creating a “loud noise in a public place with the intent to disturb others or in reckless disregard of the peace and privacy of others” is not facially unconstitutional.
Court: USDC Alaska, Judge: Gleason, Filed On: August 17, 2023, Case #: 3:22cv265, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Gleason denies companies' and the state's motion for summary judgment regarding a moratorium on oil and gas leases while a supplemental environmental review is conducted. The state argues that the moratorium violates the Administrative Procedure Act, because it was put in place without first allowing public commentary, and seek a permanent injunction vacating the moratorium. "A temporary moratorium on post-sale oil and gas activities on the Coastal Plain is 'well within the government’s authority.'” The moratorium does not violate the Administrative Procedure Act.
Court: USDC Alaska, Judge: Gleason, Filed On: August 7, 2023, Case #: 3:21cv245, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, Environment
J. Gleason dismisses the individual plaintiff's lawsuit, in which he seeks "to reopen a prior case." The court notes that the complaint is "fundamentally flawed" and provides the court with no basis to reopen the previous case. Additionally, to the extent that he attempts to assert a new claim under the Racketeer Influenced and Corrupt Organizations Act, the addition cannot revive a "barred action."
Court: USDC Alaska, Judge: Gleason, Filed On: July 21, 2023, Case #: 3:23cv46, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Civil Procedure, Racketeering
J. Gleason grants in part a mine owner's motion for summary judgment in a contract dispute with a company regarding a royalty deed for a gold mine. The company has not provided sufficient evidence to support its bad faith or misrepresentation claims.
Court: USDC Alaska, Judge: Gleason, Filed On: June 26, 2023, Case #: 1:21cv21, NOS: Other Contract - Contract, Categories: Contract
J. Gleason grants a claimant's motion to dissolve an injunction and stay the action involving an incident aboard a vessel. Dissolving the injunction would not prejudice the vessel owners' ability to limit their liability regarding the incident. The case is stayed and all deadlines are vacated pending the resolution of state court proceedings.
Court: USDC Alaska, Judge: Gleason, Filed On: June 23, 2023, Case #: 3:20cv152, NOS: Other Statutory Actions - Other Suits, Categories: Maritime, Injunction
J. Gleason denies the plaintiff company's motion for partial summary judgment in this breach of contract lawsuit involving the company's royalty interest in a gold mine. At issue is the mine owner's calculation of its construction investment. The plaintiff company "raised a new theory of damages after the close of all discovery." Accordingly, supplemental discovery will be permitted as to the "drafting parties' intent and understanding of the relevant contract provisions," and the plaintiff's partial summary judgment motion will be denied without prejudice.
Court: USDC Alaska, Judge: Gleason, Filed On: May 24, 2023, Case #: 1:21cv21, NOS: Other Contract - Contract, Categories: Real Estate, Damages, Contract