94 results for 'court:"USDC Alaska"'.
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. 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
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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. 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
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. 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. Holland grants an insurance company's motion to exclude expert opinions in an policy coverage dispute. The insured alleges its building suffered damage due to snow load. The insurance company paid only a portion of the claim, alleging that the estimate included upgrades that are not required by ordinance or law. The insured failed to disclose the experts by the expert witness deadline, and did not move to amend its witness list to add them, therefore their opinions are excluded. Allowing the insured to add expert witnesses at this point would delay the final stages of litigation.
Court: USDC Alaska, Judge: Holland, Filed On: August 15, 2023, Case #: 4:20cv23, NOS: Insurance - Contract, Categories: Insurance, Experts
J. Holland grants in part a motion to exclude certain expert opinions in an insurance dispute regarding a roof failure. The insurer paid a portion of the repair estimate, claiming that the estimate included upgrades not required by "ordinance or law." The insurer also found that the roof failed due to poor construction rather than snow load, as the insured claimed. The insurance industry standards expert is not qualified to opine on whether the repair proposal would bring the building back up to code because he is not a building codes or construction expert. The expert's opinion on the defective design exclusion is his own opinion on the correct interpretation of the insurance contract, which is a legal conclusion, and must be excluded. The expert's opinion regarding the insurance company's net worth, as a “former head auditor and CPA with special expertise in
insurance accounting" shall be allowed.
Court: USDC Alaska, Judge: Holland, Filed On: August 10, 2023, Case #: 4:20cv23, NOS: Insurance - Contract, Categories: Insurance, Experts
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. 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
J. Holland grants in part an insured's motion to exclude some expert opinions in an insurance coverage dispute regarding a roof failure due to snow load. The insurance company did not cover the full amount that the insured submitted for a repair estimate. One expert "is instructing on
what the law is in Alaska as it pertains to an insurance bad faith claim, which an expert is not permitted to do," therefore some of that expert's opinions are excluded.
Court: USDC Alaska, Judge: Holland, Filed On: July 26, 2023, Case #: 4:20cv23, NOS: Insurance - Contract, Categories: Insurance, Experts
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. Kindred grants a company's motion for entry of default judgment against a vessel in a contract dispute where the company alleges it performed extensive renovations on the vessel but did not receive payment. The company has a valid lien against the vessel and no one has appeared to defend the vessel or claimed ownership of the vessel, therefore the necessaries lien against the vessel is foreclosed and the company shall recover the $2,258,582 it is owed from the vessel together with her engines and machinery.
Court: USDC Alaska, Judge: Kindred, Filed On: July 6, 2023, Case #: 3:22cv250, NOS: Marine - Contract, Categories: Maritime, Contract
J. Burgess grants in part the union's motion to compel regarding a company's allegations of unfair labor practices. The company alleges that the union threatened the company in order to coerce it to assign work to one union over another. The company has not shown that privilege applies to all documents that is has withheld. The company "is ordered to review all documents with respect to which it is currently asserting the common-interest exception to privilege waiver, and to produce any of those documents to which this doctrine does not apply."
Court: USDC Alaska, Judge: Burgess, Filed On: June 29, 2023, Case #: 3:20cv108, NOS: Labor/Management Relations - Labor, Categories: Discovery, Labor / Unions
J. Kindred grants in part a company's motion for discovery sanctions. The individual's counsel did not timely respond to the company's discovery requests, and monetary sanctions will be levied against counsel rather than the individual. The individual is required to answer the company's interrogatories within 14 days.
Court: USDC Alaska, Judge: Kindred, Filed On: June 29, 2023, Case #: 3:21cv103, NOS: Consumer Credit - Other Suits, Categories: Consumer Law, Contract
J. Holland reverses a decision by the Interior Board of Indian Appeals (IBIA) regarding an allotment of land that was to be divided among an individual's sons after he died. His son alleges that the BLM mistakenly forgot to include an express reservation of a right-of-way for an access road in the allotment conveyance certificate. The IBIA decision that the federal defendants did not have jurisdiction to consider the son's claims because the adjacent allotment had been conveyed out of federal ownership was "was patently erroneous, arbitrary, and capricious." The IBIA decision is reversed and the matter is remanded to the IBIA for further proceedings.
Court: USDC Alaska, Judge: Holland, Filed On: June 27, 2023, Case #: 3:20cv198, NOS: All Other Real Property - Real Property, Categories: Real Estate, Jurisdiction
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. Holland grants a motion to exclude expert testimony and opinions in an insurance dispute over the policy coverage amount after an insured's roof failed due to snow load. The insured did not disclose the individual as an expert witness after retaining him in July 2022, and did not provide a signed expert report from him, therefore the insured is precluded from relying on the expert's opinions regarding building code and ordinances.
Court: USDC Alaska, Judge: Holland, Filed On: June 21, 2023, Case #: 4:20cv23, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Kindred denies a motion to dismiss for lack of jurisdiction and adopts in part the report and recommendation in a lien dispute over vessel limited entry permits. The limited entry permits were "necessary" and therefore do not alter the court's maritime jurisdiction. However, admiralty jurisdiction is lacking over a lender's state law lien claims.
Court: USDC Alaska, Judge: Kindred, Filed On: May 30, 2023, Case #: 3:22cv27, NOS: Marine - Contract, Categories: Maritime, Jurisdiction, Contract
J. Kindred grants a vessel owner's motion for partial summary judgment in an employment dispute between a vessel owner and two deckhands. The vessel owner received additional USDA funds as part of the Seafood Trade Relief Program (STRP) for the fishing season but did not share these funds with the deckhands, who were paid their contracted share of the vessel's revenue from fish sold. The deckhands seek a share of the STRP payment. Based on the current contract, the deckhands are not entitled to a portion of the STRP payment.
Court: USDC Alaska, Judge: Kindred, Filed On: May 30, 2023, Case #: 1:22cv55, NOS: Marine - Contract, Categories: Employment, Maritime, Contract