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U.S. District Courts - Alaska
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UNITED STATES of America, Plaintiff, v. Gary S. GERLAY, Defendant. , D.Alaska, November 17, 2009
ORDER REGARDING MOTION TO STRIKE SURPLUSAGE JOHN D. ROBERTS, United States Magistrate Judge. Defendant Gary Gerlay seeks an order striking surplusage from the indictment. Docket 38. The motion is opposed in part by the government. Docket 55. For the reasons discussed below, the motion is granted in part and denied in part. Standard Rule 7(d) of the Federal Rules of Criminal Procedure permits the court upon the defendant's motion to strike surplusage from an indictment. The presence of surpl...
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Azem LIMANI, et al., Plaintiffs, v. FIRST AMERICAN TITLE, INC., et al., Defendants. , D.Alaska, November 16, 2009
ORDER OF DISMISSAL RALPH R. BEISTLINE, District Judge. I. INTRODUCTION Before the Court is Defendant First American Title Company, Inc. ("First American") with a Motion to Dismiss at Docket 8 and Defendant Dan O'Phelan with a Motion to Dismiss at Docket 30. First American moves for dismissal based on lack of personal jurisdiction, failure to state a claim on which relief can be granted, and the passing of the statute of limitations, among other reasons. [FN1] O'Phelan seeks dismissal based on...
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UNITED STATES of America, Plaintiff, v. Joshua Alan WADE, Defendant. , D.Alaska, November 13, 2009
ORDER REGARDING DEFENDANT'S RENEWED MOTION TO MODIFY CONDITIONS OF CONFINEMENT JOHN D. ROBERTS, United States Magistrate Judge. Defendant, Joshua Alan Wade, filed a Renewed Motion to Modify Conditions of Confinement at Docket 971 and requested oral argument on the motion. The Government filed its Response of the United States to Wade's Motion Seeking Removal from Segregation at Docket 989. A limited appearance was permitted by Assistant Attorney General John K. Bodick. Docket 993. Oral Argume...
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UNITED STATES of America, Plaintiff, v. Michael James LEWIS, Defendant. , D.Alaska, November 10, 2009
AMENDED ORDER AND OPINION [Re: Motion at doc. 22] JOHN W. SEDWICK, District Judge. I. MOTION PRESENTED At docket 22, the United States moved for an order excluding defendant's proposed expert testimony at the sentencing hearing in this case. Defendant Lewis filed a response at docket 30, and plaintiff's reply was filed at docket 33. Oral argument would not assist the court. II. DISCUSSION The court hereby corrects the order at docket 34 by replacing the first sentence in Section II of the or...
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UNITED STATES of America, Plaintiff, v. Naron CELESTINE and Steven Lamont Riley, Defendants. , D.Alaska, November 2, 2009
ORDER AND OPINION JOHN W. SEDWICK, District Judge. I. MOTIONS PRESENTED At docket 45, defendant Naron Celestine ("Celestine") moves to transfer this case from the District of Alaska to another judicial district. Celestine's co-defendant, Steven Lamont Riley ("Riley"), joins in the motion at docket 53. The United States opposes the motion. Oral argument was not requested and would not assist the court. II. BACKGROUND Celestine, Riley, and Tillman Bradley III ("Bradley") [FN1] are charged in ...
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E-TERRA, LLC, Plaintiff, v. SARS CORPORATION, et al., Defendant. , D.Alaska, October 27, 2009
ORDER AND OPINION [Re: Motion at Docket 45] JOHN W. SEDWICK, District Judge. I. MOTION PRESENTED At docket 45, plaintiff E-Terra, LLC, moves, pursuant to Federal Rule of Civil Procedure 37(a), for an order compelling defendants to produce a copy of the software requested in Plaintiff's Request for Production No. 8. At docket 54, defendants SARS Corporation and Secure Asset Reporting Service Incorporated oppose the motion. Plaintiff replies at docket 46. Oral argument was not requested, and it ...
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