U.S. District Courts - Oklahoma ©   Coverage   Help   Search Westlaw   Topic: AllBankruptcyCivil RightsCommercial Law & ContractsCriminal JusticeEducationEnergyFamily LawFinance & BankingGovernment BenefitsHealth & MedicineInsuranceIntellectual PropertyLabor & EmploymentLegal EthicsMilitary LawNative Americans LawPension & Retirement BenefitsProducts LiabilitySecurities & Blue Sky LawTaxationTransportation Sanford A. HORNSTEIN, individually, and on behalf of the estate of Elizabeth H. Hornstein, Plaintiff, v. BRUNSWICK CORPORATION, et al., Defendants. , W.D.Okla., November 19, 2009 Joseph S. Carson, Homsey Cooper Hill & Associates, Oklahoma City, OK, for Plaintiff. Carole L. Houghton, Fellers Snider Blankenship Bailey & Tippens, Oklahoma City, OK, for Plaintiff/Defendants. Todd A. Nelson, Fellers Snider Blankenship Bailey & Tippens, Tulsa, OK, for Defendants. ORDER VICKI MILES-LaGRANGE, Chief Judge. Before the Court is defendant Brunswick Corporation, doing business as its unincorporated Mercury Marine division's ("Mercury Marine"), Motion to Dismiss Due to Fail... UNITED STATES of America, Plaintiff, v. Michael Don LEATHERWOOD, Defendant. , W.D.Okla., November 19, 2009 Ashley L. Altshuler, U.S. Attorney's Office, Oklahoma City, OK, for Plaintiff. Josh T. Welch, Ogle & Welch PC, Robert L. Johnston, Attorney at Law, Oklahoma City, OK, for Defendant. ORDER VICKI MILES-LaGRANGE, Chief District Judge. Before the Court is defendant's Motion for Clarification or Reconsideration, Motion for Stay of Hearing on Motion to Suppress, and Motion for Leave to File Supplemental Brief, filed November 17, 2009. On November 13, 2009, this Court entered an order granti... TARRANT REGIONAL WATER DISTRICT, a Texas State Agency, Plaintiff, v. Rudolf John HERRMANN, et al., in their official capacities as members of the Oklahoma Water Resources Board and the Oklahoma Water Conservation Storage Commission, Defendants. , W.D.Okla., November 18, 2009 Clyde A. Muchmore, Harvey D. Ellis, Jr., L. Mark Walker, Crowe & Dunlevy, Oklahoma City, OK, Kevin L. Patrick, Scott C. Miller, Patrick Miller & Kropf PC, Aspen, CO, for Plaintiff. Charles T. Dumars, Law & Resource Planning Assoc PC, Albuquerque, NM, Gregory T. Metcalfe, M. Daniel Weitman, Attorney General's Office, Dean A. Couch, Oklahoma Water Resources, Oklahoma City, OK, for Defendants. ORDER JOE HEATON, District Judge. Plaintiff Tarrant Regional Water District commenced this case i... SEAMLESS INTERACTIVE, LLC, Plaintiff, v. LG ELECTRONICS, INC. and LEG Electronics USA, Inc., Defendants. , N.D.Okla., November 18, 2009 Brian Jay Rayment, Kivell Rayment & Francis, Tulsa, OK, for Plaintiff. Larry G. Cassil, Jr., Pierce Couch Hendrickson Baysinger & Green LLP, Oklahoma City, OK, for Defendants. OPINION AND ORDER GREGORY K. FRIZZELL, District Judge. This matter comes before the court on the Motion to Transfer Venue of defendants LG Electronics, Inc. and LG Electronics USA, Inc. [Doc. No. 12] and plaintiff Seamless Interactive, LLC's Emergency Motion for Order Dismissing or Staying Defendants From Proceedin... Stacy L. MATTINGLY, Individually and as Special Administrator of the Estate of Tracey L. Geringer, (Davis) deceased, and Margie N. Mechan, Plaintiffs, v. INTEGRIS HEALTH, INC.; Fidelity Investments Institutional Operations Company, Inc., and Johnat, W.D.Okla., November 17, 2009 Laurie J. Miller, Miller Law Firm-Norman, Norman, OK, for Plaintiffs. Erin M. Moore, Gary R. Underwood, Helms & Underwood, Oklahoma City, OK, for Defendants. MEMORANDUM OPINION AND ORDER ROBIN CAUTHRON, District Judge. Plaintiffs filed this action seeking a determination of who was entitled to benefits from a retirement plan and a retirement savings plan. Tracey L. Geringer (Davis), was an employee of Defendant Integris Health, Inc. ("Integris") and a participant in a retirement savings ... WELLS FARGO BANK, N.A., as Trustee for the Certificateholders of Commercial Mortgage Pass-Through Certificates, Series 2006-MF2, acting by and through Crown NorthCorp, Inc., as Special Servicer, Plaintiff, v. LaSALLE BANK NATIONAL ASSOCIATION, Defe, W.D.Okla., November 17, 2009 Crystal A. Johnson, Kiran A. Phansalkar, Conner & Winters, Oklahoma City, OK, Paul D. Snyder, Snyder Law Firm LLC, Leawood, KS, for Plaintiff. Bruce W. Day, Joe E. Edwards, Tara A. Laclair, Day Edwards Propester & Christensen P.C. Oklahoma City, OK, Gregory A. Markel, Jason M. Halper, Lauren Uy Lee, Cadwalader Wickersham & Taft, New York, NY, Loriann E. Fuhrer, Stephanie P. Union, Kegler Brown Hill & Ritter Co. LPA, Columbus, OH, for Defendant. MEMORANDUM OPINION AND ORDER ROBIN J. CAUTHRON... Sharon BARKER, Plaintiff, v. Michael J. ASTRUE, Commissioner of the Social Security Administration, Defendant. , W.D.Okla., November 17, 2009 ORDER VICKI MILES-LaGRANGE, Chief Judge. On October 21, 2009, United States Magistrate Judge Robert E. Bacharach issued a Report and Recommendation in this action brought pursuant to 42 U.S.C. § 405(g) for judicial review of the final decision of the Commissioner of the Social Security Administration ("Commissioner") denying plaintiff's application for social security insurance benefits. The Magistrate Judge recommended the Commissioner's decision be reversed and remanded for further proceedi... Norman Joe LANGFORD, Plaintiff, v. GRADY COUNTY DETENTION CENTER, et al., Defendants. , W.D.Okla., November 17, 2009 Norman Joe Langford, Lawton, OK, pro se. Chris J. Collins, Eric D. Cotton, Stephen L. Geries, Collins Zorn Jones & Wagner PC, Oklahoma City, OK, for Defendants. ORDER STEPHEN P. FRIOT, District Judge. Plaintiff Norman Joe Langford, a state prisoner appearing pro se whose pleadings are liberally construed, brings this action pursuant to 42 U.S.C. § 1983 alleging a violation of his federal constitutional rights. On September 21, 2009, Magistrate Judge Valerie K. Couch issued her Supplem... UNITED STATES of America, Plaintiff, v. Manuel BONILLA, a/k/a "Carlos Contreras," Defendant. , N.D.Okla., November 17, 2009 Allen Johnston Litchfield, Shannon L. Henson, United States Attorney's Office, Tulsa, OK, for Plaintiff. OPINION AND ORDER CLAIRE V. EAGAN, Chief District Judge. Now before the Court is the government's Unopposed Motion to Declare this Case a Complex Case Pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and 3161(h)(8)(B)(ii) [FN1] (Dkt.# 539). The government asks the Court to declare this a complex case under the Speedy Trial Act, 18 U.S.C. § 3161, as to defendant Manuel Bonilla. Defendant does not ... Lee F. McGARR, Plaintiff, v. Mary E. PETERS, Secretary of the Department of Transportation, Defendant. , W.D.Okla., November 17, 2009 ORDER TIMOTHY D. DeGIUSTI, Ditrict Judge. Before the Court is Defendant's Motion to Dismiss [Doc. No. 23] the Amended Complaint. Plaintiff has responded, and Defendant has filed a Reply. Background: Plaintiff, a United States Department of Transportation ("DOT") employee assigned to the Federal Aviation Administration ("FAA"), brought this action based on claims of employment discrimination. In his original Complaint, he asserted claims of age discrimination pursuant to the Age Discriminat... Carl W. BUSCH, Plaintiff, v. SOUTHWEST SECURITIES, INC., Defendant. , W.D.Okla., November 17, 2009 Gregg R. Renegar, Joan A. Renegar, Kornfeld Franklin Renegar & Randall- Via Esperanza, Oklahoma City, OK, for Plaintiff. Adam C. Hall, Mark S. Grossman, Crowe & Dunlevy, Oklahoma City, OK, Brian J. Hurst, Joseph B. Alldredge, Baker & McKenzie-Dallas, Dallas, TX, for Defendant. MEMORANDUM OPINION AND ORDER ROBIN J. CAUTHRON, District Judge. Plaintiff, a financial advisor, brought an arbitration action against Defendant, his former employer, asserting a number of claims arising out of his... Alvin Leslie DAVIS, Jr., Petitioner, v. David C. MILLER, Warden, Respondent. , E.D.Okla., November 16, 2009 Steven M. Presson, Presson Law Office, Norman, OK, for Petitioner. Keeley L. Harris, Office of the Attorney General, Oklahoma City, OK, for Respondent. OPINION AND ORDER FRANK S. SEAY, District Judge. Petitioner, an inmate in the custody of the Oklahoma Department of Corrections and currently incarcerated at the Lawton Correctional Facility in Lawton, Oklahoma, has filed this Petition for a Writ of Habeas Corpus, pursuant to 28 U.S.C. § 2254, attacking his conviction and sentence in McIn... Michelle Lynn BYTE, Plaintiff, v. AMERICAN COMMERCE INSURANCE COMPANY, Defendant. , E.D.Okla., November 16, 2009 Scott D. Hjelm, Elias & Hjelm, Tulsa, OK, for Plaintiff. Jason L. Glass, Jason T. Seay, Richards & Connor, Tulsa, OK, for Defendant. OPINION AND ORDER DENYING MOTION TO REMAND STEVEN P. SHREDER, United States Magistrate Judge. The Plaintiff was injured in an automobile accident and sued the other driver in the District Court of Wagoner County. She later added the Defendant American Commerce Insurance Company (her uninsured/underinsured motorist insurance carrier) to the action and settle... Timothy C. WASSANA, Plaintiff, v. Michael J. ASTRUE, Commissioner of the Social Security Administration, Defendant. , W.D.Okla., November 16, 2009 Gayle L. Troutman, Darren Todd Rackley, Steve A. Troutman, Troutman & Troutman PC, Tulsa, OK, for Plaintiff. Eric B. Tucker, Christopher Carillo, Keith Allen Garner, Social Security Administration, Dallas, TX, for Defendant. MEMORANDUM OPINION AND ORDER ROBIN J. CAUTHRON, District Judge. Plaintiff's application for disability benefits was denied by the Social Security Administration. Plaintiff then filed the present action seeking review of the agency's decision. In July 2008, the Court ... Douglas Charles SHAFFER, Plaintiff, v. SKECHERS, USA, INC., a foreign corporation, Defendant. , W.D.Okla., November 16, 2009 Douglas C. Shaffer, Lexington, OK, pro se. Brion B. Hitt, C. William Threlkeld, C. Todd Ward, Carson C. Smith , Fenton Fenton Smith Reneau & Moon, Oklahoma City, OK, for Defendant. ORDER TIMOTHY DeGIUSTI, District Judge. Before the Court is the Defendant's Motion to Dismiss [Doc. No. 19]. Defendant seeks dismissal of this action on two grounds: 1) service of process was defective because Plaintiff did not comply with the Oklahoma statute governing service of process by mail, as require... Christopher YANCEY, Plaintiff, v. Timothy THOMAS and Tammy Thomas, Defendants. , W.D.Okla., November 16, 2009 Jerry L. Colclazier, Colclazier & Associates, Seminole, OK, for Plaintiff. Charles F. Alden, III, Hudson Alden Leonard & Hanes, Oklahoma City, OK, for Defendants. MEMORANDUM OPINION AND ORDER ROBIN J. CAUTHRON, District Judge. Plaintiff filed a Complaint pursuant to 25 U.S.C. § 1914 requesting that the Court review and invalidate prior decisions of Oklahoma state courts in connection with the adoption of his minor child. [FN1] Defendants filed a Motion to Dismiss, arguing that Younger ab... Rayford BONNER, II, et al., Plaintiffs, v. Sheriff Joseph K. LESTER, et al., Defendants. , W.D.Okla., November 16, 2009 Rayford Bonner, II, Norman, OK, pro se. Sean A. McClendon, Shawnee, OK, pro se. Marcelino Martinez, Norman, OK, pro se. ORDER DAVID L. RUSSELL, District Judge. Before the Court are the Report and Recommendation of United States Magistrate Judge Gary M. Purcell entered October 26, 2009 [Doc. No. 31] and the following pleadings filed by Plaintiffs: 1) a motion for injunction [Doc. No. 32] filed by Plaintiff Marcelino Martinez on October 26, 2009; 2) a motion for appointment of counsel [... PIONEER TELEPHONE COOPERATIVE, INC., as Sponsor, Administrator, and Fiduciary of the Pioneer Telephone Cooperative, Inc. Employee Benefit Plan, and Pioneer Telephone Employee Welfare Benefit Plan, Plaintiffs, v. Steven TERRY, Yonevea Terry, James E, W.D.Okla., November 16, 2009 Bradley S. Shelts, Rhodes Hieronymus Jones Tucker & Gable, Tulsa, OK, Drew D. Webb, Mark D. Folger, Mark D. Spencer, McAfee & Taft, Oklahoma City, OK, for Plaintiffs. Gregory S. Eldridge, Greg Eldridge & Associates PLLC, Timothy M. Melton, Collins Zorn & Wagner PC, Blake A. Bittel, Meyer & Leonard PLLC, Murray E. Abowitz, Abowitz Timberlake & Dahnke PC, Oklahoma City, OK, for Defendants. ORDER TIMOTHY D. DeGIUSTI, District Judge. Before the Court is the Plaintiffs' Motion for Summary Judgm... UNITED STATES of America, ex rel. Ray DILLAHUNTY, Plaintiff/Relator, v. CHROMALLOY OKLAHOMA, a division of Chromalloy Gas Turbine Corporation; Chromalloy Gas Turbine Corporation; Chromalloy Gas Turbine LLC; Sequa Corporation; and The Carlyle Group,, W.D.Okla., November 16, 2009 M. Kevin Walker, David W. Van Meter, Van Meter Law Firm, Oklahoma City, OK, Thomas E Prince, Prince Law Office, Edmond, OK, for Plaintiff/Relator. John N. Hermes, M. Richard Mullins, Ronald T. Shinn, Jr., Timothy J. Bomhoff, McAfee & Taft, Oklahoma City, OK, kyle R. Jefcoat, Roger S. Goldman, Latham & Watkins, Washington, DC, for Defendants. ORDER TIM LEONARD, District Judge. Relator, Ray Dillahunty, filed this qui tam action on September 9, 2008, seeking relief under the False Claims Ac... Michele MORGAN, Plaintiff, v. Michael CRAGE, in his capacity as an Employee of the United States Department of The Army, Defendant. , W.D.Okla., November 16, 2009 Michele Morgan, Lawton, OK, pro se. Steven K. Mullins, U.S. Attorney's Office, Oklahoma City, OK, for Defendant. MEMORANDUM OPINION AND ORDER ROBIN J. CAUTHRON, District Judge. Plaintiff, a civilian employee of the United States Army Cadet Command at Cameron University, filed a Petition for Protective Order in Comanche County District Court, which Defendant subsequently removed to federal court. In her Petition, Plaintiff alleges that Defendant, a Sergeant in the United States Army, viol... Amalia Diaz TORRES, surviving spouse of Eleazor Torres Gomez, Plaintiff, v. CINTAS CORPORATION and Lavatech, Inc., Defendants. , N.D.Okla., November 13, 2009 Brendan K. McBride, McBride Law Firm, San Antonio, TX, Frank W. Frasier, III, James Edward Frasier, Steven R. Hickman, Frasier Frasier & Hickman, Tulsa, OK, Lino H. Ochoa, Richardo A. Garcia, Garcia & Karam Law Office, McAllen, TX, for Plaintiff. Eugene Robinson, Robinson Law Firm PC, Tulsa, OK, Gregory Michael Utter, Mathew Kelley Buck, Keating Muething & Klekamp PLL, Cincinnati, OH, Charles Austin Reams, Michael Amir Betts, Michael Clifton Felty, Lytle Soule & Curlee, Oklahoma City, OK, for... Guadalupe BETANCOURT, Plaintiff, v. MACY'S RETAIL HOLDINGS, INC., Defendant. , N.D.Okla., November 13, 2009 OPINION AND ORDER CLAIRE V. EAGAN, Chief Judge. Now before the Court is Defendant Macy's Retail Holdings Inc.'s Motion to Dismiss Plaintiff's First Amended Complaint and Brief in Support (Dkt.# 25). Defendant Macy's Retail Holdings, Inc. (Macy's) argues that plaintiff's case should be dismissed for lack of standing, because plaintiff has not alleged that she has suffered an injury in fact caused by Macy's conduct. I. Guadalupe Betancourt resides in Arkansas City, Kansas, but she alleges tha... Stacy SHELTON and Douglas J. Shelton, Plaintiffs, v. APEX SURGICAL, LLC n/k/a Omni Life Science, Inc., Defendant. , W.D.Okla., November 13, 2009 Brent M. Johnson, C. Eric Shephard, Fellers Snider Blankenship Bailey & Tippens, John B. Norman, Peter J. Ram, Norman & Edem PLLC, Oklahoma City, OK, for Plaintiffs. Christian S. Huckaby, Robert D. Looney, Jr., Hall Estill, Oklahoma City, OK for Defendant. Mark K. Stonecipher, Fellers Snider Blankenship Bailey & Tippens, Oklahoma City, OK, for Plaintiffs/Defendant. ORDER JOHN HEATON, District Judge. Plaintiffs Stacey and Douglas Shelton sue defendant Apex Surgical L.L.C. for injuries ... Miguel A. ADAMS, Plaintiff, v. D.O. James PALMER, et al., Defendants. , W.D.Okla., November 13, 2009 Seth A. Day, Susanna M. Gattoni, Hall Estill, Oklahoma City, OK, for Plaintiff. James B. Robertson, John M. Jacobsen, District Attorney's Ofc, Oklahoma City, OK, for Defendants. ORDER TIMOTHY, D. DeGIUSTI, District Judge. Plaintiff, a pretrial detainee at the Oklahoma County, Oklahoma Detention Center, brought this action pursuant to 42 U.S.C. § 1983, alleging violations of his civil rights by Defendants. Following the adjudication of several motions, volunteer counsel were appointed to ... James Lynn HILL, Plaintiff, v. Officer TRUELOVE, et al., Defendants. , W.D.Okla., November 13, 2009 James Lynn Hill, Texarkana, TX, pro se. James B. Robertson, District Attorney's Office, Oklahoma City, OK, for Defendants. ORDER VICKI MILES-LaGRANGE, Chief Judge. On September 16, 2009, United States Magistrate Judge Valerie K. Couch issued a Report and Recommendation in this action brought pursuant to 42 U.S.C. § 1983, alleging violations of plaintiff's constitutional rights. The Magistrate Judge recommended that defendants' motion for summary judgment be denied. The parties were advis... UNITED STATES of America, Plaintiff, v. Steven R. PHIPPS, Defendant. , E.D.Okla., November 13, 2009 Robert Gay Guthrie, Cheryl R. Triplett, Ryan M. Roberts, Susan S. Brandon, U.S. Attorney, Muskogee, OK, for Plaintiff. Daniel G. Webber, Jr., Matthew C. Kane, Ryan Whaley Coldiron & Shandy, Oklahoma City, OK, for Defendant. ORDER RONALD A. WHITE, District Judge. Before the court are the motions of the defendant for writ of mandamus and for furlough. This matter came on for hearing on November 12, 2009. At the conclusion of the hearing the court denied the pending motions. This order brie... UNITED STATES of America, Plaintiff, v. (1) Robert M. BUTLER, Individually and as Trustee of the Helen M. Butler Revocable Living Trust; (2) Vicki L. Butler; (3) Community Bank and Trust Company; and (4) Oklahoma Tax Commission, Defendants. , N.D.Okla., November 12, 2009 Frederick Nicholas Noyes, Olivia Rose Hussey, Washington, DC, for Plaintiff. Garry Michael Gaskins, II, Drummond Law Firm, Tulsa, OK, Geoffrey Dane Long, Julia Marie Ezell, Oklahoma Tax Commission, Oklahoma City, OK, for Defendants. OPINION AND ORDER CLAIRE V. EAGAN, Chief Judge. Now before the Court is the United States' Motion for Summary Judgment (Dkt.# 39). Plaintiff seeks summary judgment in its favor declaring the order of distribution of assets from the foreclosure sale of certai... James C. THOMAS, Plaintiff, v. U.S. DEPARTMENT OF AGRICULTURE and National Archives and Records Service, Defendants. , N.D.Okla., November 12, 2009 William Douglas Thomas, Thomas Law Firm, Tulsa, OK, for Plaintiff. Wyn Dee Baker, United States Attorney's Office, Tulsa, OK, for Defendants. ORDER JAMES H. PAYNE, District Judge. Before the Court is Plaintiff James C. Thomas's Motion For Attorney Fees and Costs [Doc. No. 23], Defendants' Response in Opposition To Plaintiff's Motion [Doc. No. 24], Plaintiff's Reply To Defendant's Response [Doc. No. 28] and Defendants' Limited Surreply to Plaintiff's Motion [Doc. No. 32]. For the reasons ... Christopher R. BAIR, Plaintiff, v. COLONIAL PLAZA NURSING HOME, INC., et al., Defendants. , W.D.Okla., November 12, 2009 Mark E. Hammons, Hammons Gowens & Associates, Oklahoma City, OK, for Plaintiff. Tamara L. Gowens, Hammons Gowens & Associates, Oklahoma City, OK. Melvin C. Hall, Riggs Abney Neal Turpen Orbison Lewis, Oklahoma City, OK, for Defendants. ORDER TIMOTHY D. DeGIUSTI, District Judge. This matter comes before the Court on Defendants' Motion for Reconsideration of the Order Issued by United States Magistrate Judge Argo Denying in Part and Granting in Part Defendants' Motion to Quash and for P... J.C. BERRY, Plaintiff, v. State of OKLAHOMA, et al., Defendants. , W.D.Okla., November 12, 2009 ORDER TIMOTHY D. DeGIUSTI, District Judge. Plaintiff, a state prisoner, brought this pro se action pursuant to 42 U.S.C. § 1983, contending that his constitutional rights were violated. In accordance with 28 U.S.C. § 636(b)(1)(B), the matter was referred to Magistrate Judge Bana Roberts for initial proceedings. As directed by 28 U.S.C. § 1915, the Magistrate Judge reviewed the complaint upon filing. 28 U.S.C. § 1915A(a). In an October 8, 2009 Report and Recommendation [Doc. No. 11] [FN1]... Frederick NORTHROP, Plaintiff, v. AMERICAN EXPRESS BANK, FSB, Defendant, v. Michael E. Hentges, Third Party Defendant. , N.D.Okla., November 10, 2009 Michael Joseph Edwards, Stephen Joseph Capron, Capron & Edwards PC, Tulsa, OK, for Plaintiff and Third Party Defendant. Kristin Blue Fisher, Timothy Andrew Fisher, Fisher & Fisher, Tulsa, OK, for Defendant. OPINION AND ORDER TERENCE KERN, District Judge. Before the Court is Plaintiff's Motion to Remand Case to State Court (Doc. 10). I. Background On August 7, 2008, Plaintiff filed a Petition in the District Court of Tulsa County, Oklahoma ("State Court Action"), alleging that the col... Mike PITTS, Plaintiff, v. ELECTRICAL POWER SYSTEMS, INC., Defendant. , N.D.Okla., November 10, 2009 John L. Smith, Fort Supply, OK, pro se. OPINION AND ORDER GREGORY K. FRIZZELL, District Judge. Before the Court is the defendant's motion to review the Clerk of Court's taxation of costs. Dkt. 65. The Clerk of Court taxed costs in favor of the defendant, Electrical Power Systems, Inc. ("EPSI") in the amount of $3,621.66. The costs associated with the videotaping of the Plaintiff's deposition and the cost of purchasing a DVD copy of that recording were not included in that amount. EPSI now s... Celia BOEHMER and Richard Boehmer, Plaintiffs, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendants. , E.D.Okla., November 10, 2009 John M. Thetford, Anthony M. Laizure, Stipe Harper Laizure Uselton Belote Maxcey & Thetford, Tulsa, OK, for Plaintiffs. Benjamin G. Kemble, David V. Jones, Holly D. Shull, Jones Andrews & Ortiz, Oklahoma City, OK, for Defendants. ORDER JAMES H. PAYNE, District Judge. Before the Court is Plaintiffs Celia and Richard Boehmer's Motion To Remand and Brief In Support [Doc. No. 9], Defendant's Response in Opposition To Plaintiffs' Motion [Doc. No. 10], and Plaintiffs' Reply To Defendant's Resp... Guadalupe BETANCOURT, Plaintiff, v. 1999 UNION PLAZA, L.P. and 1999 Enterprise Plaza, L.P., Defendants. , N.D.Okla., November 10, 2009 OPINION AND ORDER CLAIRE V. EAGAN, Chief Judge. Now before the Court is Plaintiff's Motion to Dismiss Defendants' Counterclaim (Dkt.# 22). Plaintiff has voluntarily dismissed her claims against defendants and asks the Court to dismiss defendants' abuse of process counterclaim for failure to state a claim. Defendants respond that plaintiff is a "professional litigator" who has filed over 17 cases for the purpose of obtaining a "quick settlement," and they should be permitted to proceed with th... Robert E. COTNER, Petitioner, v. Walter DINWIDDIE, Warden, Respondent. , N.D.Okla., November 10, 2009 Robert E. Cotner, Stringtown, OK, pro se. OPINION AND ORDER CLAIRE V. EAGAN, Chief Judge. On October 2, 2009, Petitioner, a state prisoner appearing pro se, submitted for filing a 28 U.S.C. § 2254 petition for writ of habeas corpus (Dkt.# 1), and a motion to proceed in forma pauperis (Dkt.# 2). By Order filed October 9, 2009 (Dkt.# 3), the Court denied Petitioner's motion to proceed in forma pauperis and directed him to pay the $5.00 filing fee on or before November 8, 2009. The Court also ... UNITED STATES of America, Plaintiff, v. Marlin James MACK, Defendant. , N.D.Okla., November 10, 2009 Catherine J. Depew, Douglas A. Horn, Douglas Edward Snow, Kevin Charles Danielson, Leena Alam, Phil E. Pinnell, United States Attorney's Office, Chad Adrian Greer, Greer Law Firm, Tulsa, OK, for Plaintiff. OPINION AND ORDER CLAIRE V. EAGAN, Chief Judge. Now before the Court is defendant Marlin James Mack's pro se motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255 (Dkt. # 1079). Section 2255 provides that "[a] prisoner in custody under sentence of a court establish... WARNER BROS. RECORDS INC., et al., Plaintiff, v. Sandra THUNDERBULL, Defendant, and Lucky Star Casino, Garnishee. , W.D.Okla., November 10, 2009 James W. Vogt, Reynolds Ridings Vogt & Morgan, David L. Kearney, Gable & Gotwals, Oklahoma City, OK, James M. Sturdivant, Gable & Gotwals, Tulsa, OK, for Plaintiff. ORDER ROBIN J. CAUTHRON, District Judge. Magistrate Judge Bana Roberts entered a Report and Recommendation on September 18, 2009, recommending that the claim for exemption be denied, for Defendant's failure to appear at the hearing and the corresponding absence of any evidence in support of her claim for exemption. On October 30... UNITED STATES of America, Plaintiff-Respondent, v. Jesse Lynn MILLS, Jr., Defendant-Movant. , W.D.Okla., November 10, 2009 Scott L. Palk, U.S. Attorneys, Oklahoma City, OK, for Plaintiff-Respondent. ORDER VICKI MILES-LaGRANGE, Chief Judge. Defendant-Movant Jesse Lynn Mills, Jr. ("Mills"), a federal prisoner, filed a "Petition Under 28 U.S.C. § 2255 To Vacate, Set Aside, Or Correct Sentence By A Person In Federal Custody" and a memorandum in support on July 28, 2008. On September 25, 2008, plaintiff-respondent United States of America filed its response, and on October 8, 2008, Mills filed his reply. I. Backg... Harold Loyd JOHNSON, Plaintiff v. David MILLER, Warden, Defendant. , W.D.Okla., November 10, 2009 Harold Loyd Johnson, Lawton, OK, pro se. Margie A Weaver, Don G. Pope & Associates P.C., Norman, OK, for Defendant. ORDER ADOPTING REPORT AND RECOMMENDATION ROBIN J. CAUTHRON, District Judge. This action for habeas corpus relief brought by a prisoner, proceeding pro se, was referred to United States Magistrate Judge Gary M. Purcell, consistent with the provisions of 28 U.S.C. § 636(b)(1)(B). Judge Purcell entered a Supplemental Report and Recommendation on September 8, 2009, to which Pla... Darrin Lynn PICKENS, Petitioner, v. Marty SIRMONS, Warden, Respondent. , N.D.Okla., November 10, 2009 Darrin Lynn Pickens, McAlester, OK, pro se. Robert L. Whittaker, Office of the Attorney General, Oklahoma City, OK, for Respondent. OPINION AND ORDER TERENCE KERN, District Judge. This is a 28 U.S.C. § 2254 habeas corpus proceeding. Petitioner is a state inmate and appears pro se. On August 15, 2006, Petitioner filed an amended petition (Dkt.# 7). Respondent filed a response (Dkt.# 14) to the amended petition, and provided the state court records (Dkt.# 15) necessary for adjudication of ... Estate of Darren Alan HOWELL, Plaintiff, v. Jerry WALLS, et al., Defendants. , W.D.Okla., November 9, 2009 Corrine O'Day-Hanan, Muskogee, OK, for Plaintiff. ORDER TIMOTHY D. DeGIUSTI, District Judge. This matter comes before the Court upon Plaintiff's Response to Order to Show Cause [Doc. No. 8], filed November 5, 2009. Plaintiff was directed to show cause why this action should not be dismissed pursuant to Fed.R.Civ.P. 4(m) for lack of timely service of process. The Response states that Plaintiff's attorney of record "has experienced a number of medical maladies" and difficulties with office... GREAT WHITE PRESSURE CONTROL, LLC, Plaintiff, v. SEABOARD INTERNATIONAL, INC. d/b/a Seaboard Wellhead Inc., Defendant. , W.D.Okla., November 9, 2009 Michael E. Smith, Hall Estill, Oklahoma City, OK, for Plaintiff. Ryan A. Ray, John E. Dowdell, Norman Wohlgemuth Chandler & Dowell, Tulsa, OK, William S. Helfand, Chamberlain Hrdlicka White Williams & Martin, Houston, TX, for Defendant. ORDER TIMOTHY D. DeGIUSTI, District Judge. Before the Court is Plaintiff's Motion to Remand [Doc. No. 11]. Defendant has responded in opposition to the Motion, and Plaintiff has filed a reply brief. With its response, Defendant has filed an Alternative Mo... Joyce Ann WITHROW, Plaintiff, v. Michael J. ASTRUE, Commissioner, Social Security Administration, Defendant. , W.D.Okla., November 9, 2009 Darren Todd Rackley, Steve A. Troutman, Troutman & Troutman PC, Tulsa, OK, for Plaintiff. Katauna King, Social Security Administration, Dallas, TX, for Defendant. ORDER TIMOTHY D. DEGIUSTI, District Judge. Plaintiff brought this action to obtain review of the defendant Commissioner's decision denying her application for disability insurance and supplemental security income benefits. The matter was referred to United States Magistrate Judge Doyle W. Argo for initial proceedings in accorda... Steve MATHIS, Plaintiff, v. TOWN OF HENNESSEY; Hennessey Police Department; and Brandon McKay, in his official capacity as a police officer and individually, Defendants. , W.D.Okla., November 9, 2009 Tom R. Stephenson, Stephenson & Webber, Watonga, OK, for Plaintiff. Robert R. Jones, Jr., David W. Kirk, Lytle Soule & Curlee, Oklahoma City, OK, for Defendants. ORDER TIMOTHY D. DEGIUSTI, District Judge. Before the Court is the Motion to Dismiss [Doc. No. 6] filed by Defendants the Town of Hennessey ("Hennessey") and the Hennessey Police Department ("Police Department"), arguing that the Petition [FN1] must be dismissed for failure to state a claim upon which relief may be granted. Als... Keith LEWIS, et al., Plaintiffs, v. The GEO GROUP, INC., Defendant. , W.D.Okla., November 9, 2009 Jennifer S. Montagna, Jennifer F. Sherrill, Nicholas G. Farha, William B. Federman, Federman & Sherwood, Oklahoma City, OK, for Plaintiffs. Frederick J. Barrow, Kevin M. Duddlesten, Robert Francois Friedman, Littler Mendelson, Dallas, TX, Leslie L. Lynch, Rob F. Robertson, Gable & Gotwals, Oklahoma City, OK, Margaret T. Blackwood, Littler Mendelson, Atlanta, GA, for Defendant. ORDER VICKI MILES-LaGRANGE, Chief Judge. Before the Court is Plaintiff's Motion for Conditional Certification o... Denny LINDLEY, Plaintiff, v. LIFE INVESTORS INSURANCE COMPANY OF AMERICA, Defendant. , N.D.Okla., November 9, 2009 OPINION AND ORDER PAUL J. CLEARY, United States Magistrate Judge. Before the Court for determination is Plaintiff's Fifth Motion to Compel [Dkt. No. 155]. Plaintiff's Fifth Motion to Compel seeks information regarding Life Investor's knowledge of and/or participation in the passage of Oklahoma's Actual Charges statute, 36 O.S. § 3651. RFP No. 12 seeks any document relating to any communication between Life Investors and any person that relates to any proposed or actual legislation defin... Willis PRICE, Plaintiff, v. CITY OF the VILLAGE, Defendant. , W.D.Okla., November 6, 2009 Valerie A. Williford, Oklahoma City, OK, for Plaintiff. Andrew W. Lester, Jami J. Fenner, Lester Loving & Davies, Edmond, OK, for Defendant. ORDER TIMOTHY D. DeGIUSTI, District Judge. Before the Court is the Defendant's Motion to Dismiss [Doc. No. 5], arguing that the Complaint must be dismissed pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief may be granted. Plaintiff has responded to the Motion, and Defendant has filed a reply. Plaintiff's claims agai... STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff, v. Andrew A. MATHIS, David Cox, Stacey Kious, on behalf of K. Kious and J. Cox Kious, minor children and next of kin of Dennis Cox, deceased, Mike Miller, Rubi Lopez, personally and on beha, N.D.Okla., November 6, 2009 Andrew Wakeman, James Newton Edmonds, Mark William MaGuire, Atkinson Haskins Nellis Brittingham Gladd & Carwile, Tulsa, OK, for Plaintiff. Jason Charles Messenger, Charles Loy Richardson, Richardson Richardson Boudreaux, Jonathan M. Sutton, Sutton & Associates PC, David Charles Bean, David Mitchell Garrett, Jr., Lynn R. Anderson, Garrett Law Office, Bernard William Piel, Jr., Tulsa, OK, for Defendants. OPINION AND ORDER CLAIRE V. EAGAN, Chief Judge. Now before the Court is State Farm's M... UNITED STATES of America, Plaintiff, v. Lawrence SAMUELS, Jr., Defendant. , N.D.Okla., November 6, 2009 Shannon L. Henson, Douglas Edward Snow, United States Attorney's Office, Tulsa, OK, for Plaintiff. Robert Allen Ridenour, Federal Public Defender's Office, Tulsa, OK, for Defendant. OPINION AND ORDER CLAIRE V. EAGAN, Chief Judge. On November 18, 2008, defendant Lawrence Samuels, Jr., a federal prisoner appearing pro se, filed a motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255 (Dkt.# 86). Section 2255 provides that "a prisoner in custody under sentence of a co... David L. BROWN, Plaintiff, v. J.D. Eppler, Ray Willard, Jane Doe, Janet Doe, Metropolitan Tulsa Transit Authority, Paul T. Boudreaux, and Richardson Richardson Boudreaux, Defendants. , N.D.Okla., November 6, 2009 David L. Brown, Tulsa, OK, pro se. Paul Telhiard Boudreaux, Richardson Richardson Boudreaux, Tulsa, OK, for Defendants. OPINION AND ORDER CLAIRE V. EAGAN, Chief Judge. Now before the Court is plaintiff's Application for Preliminary Injunction and Declaratory Relief (Dkt.# 6). Plaintiff David L. Brown seeks a preliminary injunction "restrain[ing] defendants from prohibiting [him] from riding city bus[s]es and further restrain[ing] said defendants and/or their agents from having [him] arre... David Duane PEARCE, Jr., Plaintiff, v. LOGAN CO. SHERIFF OFFICE, et al., Defendants. , W.D.Okla., November 6, 2009 David Duane Pearce, Jr., Guthrie, OK, pro se. ORDER OF DISMISSAL TIMOTHY D. DEGIUSTI, District Judge. This matter is before the Court for review of the Report and Recommendation issued by United States Magistrate Judge Bana Roberts pursuant to 28 U.S.C. § 636(b)(1)(B). Upon initial screening under 28 U.S.C. § 1915A(a) and § 1915(e)(2), Judge Roberts recommends dismissal of the complaint for failure to state a claim under 42 U.S .C. § 1983 on which relief may be granted. Plaintiff, who ap... Maurice GIVENS, and Demika Jones Givens, individually and on behalf of M.G., a minor child, Plaintiff, v. SHADOW MOUNTAIN BEHAVIORAL HEALTH SYSTEM, a foreign for profit business corporation registered in Oklahoma, and John Doe(s), Defendant. , N.D.Okla., November 5, 2009 Ann Ellen Keele, Stanley Dwight Monroe, Stanley D. Monroe & Assoc ., Tulsa, OK, for Plaintiff. OPINION AND ORDER CLAIRE V. EAGAN, Chief Judge. Now before the Court is Defendant Shadow Mountain Behavioral Health System's Motion to Dismiss and Brief in Support (Dkt.# 10). Plaintiffs Maurice Givens and Demika Jones Givens (together, the Givenses) filed claims in state court individually and on behalf of M.G., a minor child, against the Oklahoma Department of Human Services (DHS) and John Doe (... Evelyn CATON, Plaintiff, v. UNITED STATES of America by and through the COMMISSIONER OF INTERNAL REVENUE SERVICE, Defendant. , N.D.Okla., November 5, 2009 Charles David Harrison, Eagleton Eagleton & Harrison, Tulsa, OK, for Plaintiff. Cathryn Dawn McClanahan, United States Attorney's Office, Tulsa, OK, Robert Eugene Fay, Washington, DC, for Defendant. OPINION AND ORDER FRANK H. McCARTHY, United States Magistrate Judge. Defendant's Motion to Compel Testimony and Extend Discovery Deadline [Dkts. 62, 63] are before the undersigned United States Magistrate Judge for decision. A hearing was held on the matter and the matter is ripe for decisi... Linda S. ERVIN, Plaintiff, v. NORTHWEST ROGERS COUNTY FIRE PROTECTION DISTRICT, a political subdivision and David Puckett, Defendants. , N.D.Okla., November 5, 2009 Gary L. Richardson, Richardson Richardson Boudreaux, Tulsa, OK, for Plaintiff. Kayce Lee Gisinger, Mary B. Scott, Abowitz Timberlake & Dahnke PC, Oklahoma City, OK, for Defendants. OPINION AND ORDER CLAIRE V. EAGAN, Chief Judge. Now before the Court is Defendants' Motion to Dismiss (Dkt.# 11). Plaintiff Linda S. Ervin filed a petition in state court alleging sexual harassment and racial discrimination. Dkt. # 2-2. Defendants removed the case to this Court. Dkt. # 2. Defendants now ask th... Willie MORGAN, Plaintiff, v. VALLEY INSURANCE COMPANY, et al., Defendant. , W.D.Okla., November 5, 2009 James L. Gibbs, II, Robert T. Goolsby, Jeremy Z. Carter, Goolsby Proctor Heefner & Gibbs PC, Oklahoma City, OK, Kirk A. Olson, Mason & Olson Law Firm, for Plaintiff. Randall G. Walters, Walters Balido & Crain, Dallas, TX, Stefan Wenzel, Peck Erdoes & Wenzel PA, Oklahoma City, OK, for Defendant. ORDER TIMOTHY D. DEGIUSTI, District Judge. The matters before the Court are Plaintiff's Motions in Limine [Doc. No. 66] and Defendant Valley Insurance Company's Motion in Limine [Doc. No. 74], whi... Nettie J. ROBINSON, Plaintiff, v. Michael J. ASTRUE, Commissioner of the Social Security Administration, Defendant. , W.D.Okla., November 5, 2009 Carol S. Sullivan, Sullivan Law Office, Lawton, OK, for Plaintiff. Eric D. Poole, Virginia Watson Keyes, Social Security Administration, Dallas, TX, for Defendant. ORDER STEPHEN P. FRIOT, District Judge. On October 15, 2009, United States Magistrate Judge Valerie K. Couch issued a Report and Recommendation, wherein she recommended that the defendant's decision to deny plaintiff's application for disability insurance benefits be reversed and that the case be remanded for further considera... In re SEMGROUP ENERGY PARTNERS, L.P., SECURITIES LITIGATION. , N.D.Okla., November 4, 2009 OPINION AND ORDER GREGORY K. FRIZZELL, District Judge. This matter comes before the court on defendants' Joint Request for Judicial Notice [Doc. No. 204]. For the reasons set forth below, defendants' request is granted. Pursuant to Federal Rule of Evidence 201, defendants asked the court to take judicial notice of two categories of documents in connection with their Motions to Dismiss Harvest Fund's Corrected Class Action Complaint for Violations of Federal Securities Laws (the "Complaint"... Joseph PERRY, Plaintiff, v. GEO GROUP, INC.; Mr. Zoley; David C. Miller; Warden; and Mrs. Halvorson, Medical Director, Defendants. , W.D.Okla., November 4, 2009 Joseph E. Perry, Lawton, OK, pro se. Margie A. Weaver, Don G. Pope & Associates PC, Norman, OK, for Defendants. ORDER DAVID L. RUSSELL, District Judge. Plaintiff filed this action pursuant to 42 U.S.C. § 1983, alleging violation of his constitutional rights with regard to his requests for medical treatment during his incarceration. Pursuant to 28 U.S.C. § 636(b)(1)(B), the matter was referred to United States Magistrate Judge Valerie K. Couch for preliminary review. On September 10, 2009... Travis FOOTE, Petitioner, v. David PARKER, Warden, Respondent. , W.D.Okla., November 4, 2009 Travis Foote, Helena, OK, pro se. Keeley L. Harris, Attorney General's Ofc, Oklahoma City, OK, for Respondent. ORDER STEPHEN P. FRIOT, District Judge. This action is brought by petitioner, a state prisoner appearing pro se, for habeas relief under 28 U.S.C. § 2254. On September 30, 2009, Magistrate Judge Valerie K. Couch filed a Report and Recommendation recommending that the petition be denied. (Report, doc. no. 18.) The Report advised petitioner that failure to timely object to the Rep... Lloyd Neil POPE, Plaintiff, v. Holly WIEDOW, et al., Defendants. , W.D.Okla., November 4, 2009 Lloyd Neil Pope, Lawton, OK, pro se. Margie A. Weaver, Don G. Pope & Associates PC, Norman, OK, for Defendants. ORDER STEPHEN P. FRIOT, District Judge. Plaintiff, a state prisoner appearing pro se and in forma pauperis whose pleadings are liberally construed, brings this action pursuant to 42 U.S.C. § 1983 complaining of conditions of confinement at the Lawton Correctional Facility, a private prison. The September 25, 2009 Report and Recommendation of Magistrate Judge Bana Roberts (doc. ... ADVANCE FOOD COMPANY, INC., an Oklahoma Corporation, Plaintiff, v. NEBRASKA BEEF, LTD., a Nebraska limited partnership, Defendant. , W.D.Okla., November 4, 2009 Bradley E. Davenport, John R. Morris, Gungoll Jackson Collins Box & Devoll, Oklahoma City, OK, Bradley A. Gungoll, Gungoll Jackson Collins Box & Devoll, Enid, OK, for Plaintiff. Alan M. Maxwell, Charles L. Clay, Michael A. Sexton, Weinberg Wheeler Hudgins Gunn & Dial, Atlanta, GA, Daniel K. Zorn, Collins Zorn Jones & Wagner PC, Oklahoma City, OK, for Defendant. ORDER VICKI MILES-LaGRANGE, Chief District Judge. Before the Court is Plaintiff's Motion for Partial Summary Judgment, filed Apr... STATE of Oklahoma, Plaintiff, v. TYSON FOODS, INC., et al., Defendants. , N.D.Okla., November 4, 2009 OPINION AND ORDER PAUL J. CLEARY, United States Magistrate Judge. Before the Court is the Plaintiff State of Oklahoma's ("Oklahoma") Motion for Sanctions Directed to the Cargill Defendants ("Cargill") for Discovery Misconduct (Dkt.# 2459). A hearing on Plaintiff's motion was held on September 25, 2009. Oklahoma seeks sanctions against Cargill for withholding and misrepresenting the existence of the contents of a Summary of Cargill Grower Farming Operation ("Grower Summary") and a chart of ... CEP MID-CONTINENT LLC, Plaintiff, v. TURKEY CREEK, L.L.C., Defendant. , N.D.Okla., November 3, 2009 Michael Edward Smith, Hall Estill Hardwick Gable Golden & Nelson, Oklahoma City, OK, for Plaintiff. Mark Bradley Perkins, Pinkerton & Finn, Tulsa, OK, Thomas Jot Hartley, Travis Jot Hartley, Hartley Law Firm PLLC, Vinita, OK, for Defendant. OPINION AND ORDER CLAIRE V. EAGAN, Chief Judge. Now before the Court is defendant's Motion to Reconsider Order (Dkt. # 26). On October 16, 2009, defendant filed a Motion for Leave to File Amended and Supplemental Pleading (Dkt.# 20). Defendant sought... Tracy Scott McCULLAR, Plaintiff, v. Wayne BARNES, et al., Defendants. , W.D.Okla., November 3, 2009 ORDER DAVID L. RUSSELL, District Judge. Before the Court is the Report and Recommendation of United States Magistrate Judge Valerie Couch entered October 5, 2009 [Doc. No. 21]. No objection to the Report and Recommendation has been filed nor has an extension of time to object been sought or granted. Therefore, the Report and Recommendation of the Magistrate Judge [Doc. No. 21] is ADOPTED in its entirety and this matter is dismissed. IT IS SO ORDERED. REPORT AND RECOMMENDATION VALERIE K. ... Willie MORGAN, Plaintiff, v. VALLEY INSURANCE COMPANY, et al., Defendants. , W.D.Okla., November 3, 2009 James L. Gibbs, II, Jeremy Z. Carter, Robert T. Goolsby, Goolsby Proctor Heefner & Gibbs PC, Kirk A. Olson, Mason & Olson Law Firm, Oklahoma City, OK, for Plaintiff. Randall G. Walters, Walters Balido & Crain, Dallas, TX, Stefan Wenzel, Peck Erdoes & Wenzel PA, Oklahoma City, OK, for Defendants. ORDER TIMOTHY D. DeGIUSTI, District Judge. Before the Court is Defendant's Motion for Judgment on the Pleadings or, in the Alternative, for a Ruling in Limine [Doc. No. 87]. The Motion is denied ... UNITED STATES of America, Plaintiff, v. Victor G. DUQUE, Defendant. , W.D.Okla., November 2, 2009 Andre B. Caldwell, U.S. Attorney's Office, Oklahoma City, OK, for Plaintiff. Paul A. Lacy, Federal Public Defender, Oklahoma City, OK, for Defendant. ORDER TIMOTHY D. DeGIUSTI, District Judge. Before the Court is Defendant's Motion to Suppress Statements and Evidence [Doc. No. 14]. The government timely responded to the Motion and, on October 29, 2009, the Court conducted an evidentiary hearing. Defendant, Victor G. Duque, is charged in a three-Count Indictment with possession of appr... NEWPORT/GRANADA, L.L.C, et al., Plaintiffs, v. WACHOVIA BANK, National Association, et al., Defendants. , W.D.Okla., November 2, 2009 Crystal A. Johnson, Mitchell D. Blackburn, Kiran A. Phansalkar, Conner & Winters, Jackie L. Hill, Jr., Oklahoma City, OK, for Plaintiffs. Jennifer Miller Ventura, Fred A. Leibrock, Phillips Murrah PC, Cynthia J. Becker, Doerner Saunders Daniel & Anderson, Oklahoma City, OK, Dallas E. Ferguson, Norman L. Bryan, Doerner Saunders Daniel & Anderson, Tulsa, OK, for Defendants. ORDER JOE HEATON, District Judge. Plaintiffs Newport/Granada, L.L.C., Emerald Court, L.L.C., and Casa Linda Investor... COMMODITY FUTURES TRADING COMMISSION, Plaintiff, v. Mark S. TRIMBLE and Phidippides Capital Management LLC, Defendants, Phidippides Capital LP, Relief Defendant. , W.D.Okla., November 2, 2009 ORDER TIMOTHY D. DeGIUSTI, District Judge. On October 30, 2009 the Court conducted a hearing on the Plaintiff's Second Motion to Show Cause Why Mark S. Trimble, Nancy Trimble and Kathleen Herrera Should Not be Held in Contempt for Violating the Restraining Order and Preliminary Injunction [Doc. No. 88], and the Receiver's Motion for Mark S. Trimble to Show Cause Why He Should Not be Held in Contempt of the Court's Order Appointing Receiver and Preliminary Injunction [Doc. No. 91]. Prior to... Alvin Edward PARKER, Jr., Trustee of the Alvin Edward Parker, Sr. and Loyce Juanita Parker Trust, Plaintiff v. Linda Sue JONES, Defendant. , W.D.Okla., November 2, 2009 James R. Rinehart, Roger D. Rinehart, Rinehart Rinehart & Rinehart, El Reno, OK, James H. Ivy, Phillip R. Scott, Waurika, OK, for Plaintiff. John W. Doolin, Lawton, OK, Richard C. Ford, Crowe & Dunlevy, Oklahoma City, OK, for Defendant. ORDER JOE HEATON, District Judge. This case arises from unusual and unfortunate circumstances. It stems from a long-running dispute between some or all of the children of Loyce Juanita Parker as to who should have responsibility for her care and her prope... Vacie Elaine DEAL, Plaintiff, v. SEARS HOLDINGS CORPORATION, and Sears, Roebuck and Co., Defendants. , N.D.Okla., November 2, 2009 Anthony Lee Allen, R. Thomas Seymour, Scott Alan Graham, Seymour & Graham LLP, Tulsa, OK, for Plaintiff. Curtis Lyle Smith, Smith Rhodes Stewart & Elder PLLC, Oklahoma City, OK, for Defendants. OPINION AND ORDER CLAIRE V. EAGAN, Chief Judge. Now before the Court is Defendant Sears, Roebuck and Co.'s Motion to Dismiss (Dkt.# 13). Defendant Sears, Roebuck and Co. [FN1] (Sears) seeks dismissal pursuant to Fed.R.Civ.P. 12(b)(6) of plaintiff Vacie Elaine Deal's claims for violation of 42 U.S.... Theron T. MATTHEWS, Plaintiff, v. LaBARGE, INC., Defendant. , N.D.Okla., November 2, 2009 Theron T. Matthews, Mounds, OK, pro se. J. Patrick Cremin, Johnathan Louis Rogers, Hall Estill Hardwick Gable Golden & Nelson, Tulsa, OK, for Defendant. OPINION AND ORDER GREGORY K. FRIZZELL, District Judge. Before the court is the Motion to Dismiss [Dkt. # 15] filed by defendant LaBarge, Inc. ("LaBarge"). "[T]o withstand a motion to dismiss, a complaint must contain enough allegations of fact 'to state a claim to relief that is plausible on its face.' " Robbins v. Oklahoma, 519 F.3d ... Jennifer HAYES and Justin Hayes, Individually and as Next Friends of K.H., a Minor, Plaintiffs, v. SMITHKLINE BEECHAM CORPORATION d/b/a Glaxosmithkline, Defendant. , N.D.Okla., November 2, 2009 Avram Josef Blair, Nix & McIntyre LLP, John T. Boundas, Williams Kherkher Hart Boundas LLP, Houston, TX, Earl Landers Vickery, Austin, TX, Janice Marie Dansby, Janice M. Dansby, Jeremy A. Thurman, Noble McIntyre, Nix & McIntyre LLP, Oklahoma City, OK, Mario D'Angelo, Mario D'Angelo & Associates LLC, Holbrook, NY, for Plaintiffs. Andrew T. Bayman, Andrew H. Walcoff, Arthur C. Fahlbusch, Jr., Matthew P. Shaw, Robert B. Friedman, Robert K. Woo, Jr., S. Samuel Griffin, Scott B. Pfahl, Todd P. Da... Raymond G. CHAPMAN, and on behalf of, and as next friend of his minor child, Kobi Kyler Chapman, Plaintiffs, v. Mark BARCUS, Jodi Johnson Baker, Kevin Gassaway, and Rosemarie L. Damilao, Defendants. , N.D.Okla., October 30, 2009 Raymond G. Chapman, Tulsa, OK, pro se. Tricia Louise Everest, Office of the Attorney General, Oklahoma City, OK, Neil Darin Van Dalsem, Robert Howard Taylor, King Taylor & Ryan, Holly Ann Cinocca, McCormick Field & Cinocca PLLC, Tulsa, OK, for Defendants. OPINION AND ORDER CLAIRE V. EAGAN, Chief Judge. Now before the Court is plaintiff's motion for relief from judgment (Dkt.# 53). Plaintiff asks the Court for relief from its prior judgments dismissing the case (Dkt.# 26) and awarding a... John F. HUTCHINSON, Plaintiff, v. Jim FLIPSKY, et al., Defendants. , W.D.Okla., October 30, 2009 ORDER ADOPTING REPORT AND RECOMMENDATION ROBIN J. CAUTHRON, District Judge. This matter is before the Court on the Report and Recommendation entered by United States Magistrate Judge Doyle W. Argo on September 30, 2009. The court file reflects that no party has objected to the Report and Recommendation within the time limits prescribed. Therefore, the Court adopts the Report and Recommendation in its entirety. Accordingly, the Report and Recommendation of the Magistrate Judge (Dkt. No. 27)... Aaron MARKS, Petitioner, v. Randal WORKMAN, Respondent. , W.D.Okla., October 30, 2009 Aaron Marks, McAlester, OK, pro se. Amelia B. Recla, Attorney General's Office, Oklahoma City, OK, for Respondent. ORDER ROBIN J. CAUTHRON, District Judge. This action for habeas corpus relief brought by a prisoner, proceeding pro se, was referred to United States Magistrate Judge Bana Roberts, consistent with the provisions of 28 U.S.C. § 636(b)(1)(B). Judge Roberts entered a Report and Recommendation on September 8, 2009, to which Petitioner has timely objected. The Court therefore con... Earnest RICHARDSON, Plaintiff, v. U.S. Marshal Michael ROACH, et al., Defendants. , W.D.Okla., October 30, 2009 Earnest Richardson, Butner, NC, pro se. Scott A. Maule, U.S. Attorney's Office, Oklahoma City, OK, for Michael Roach. Sandra G. Howell-Elliott, District Attorney's OFC, Oklahoma City, OK, for John Whetsel. ORDER TIMOTHY D. DeGIUSTI, District Judge. This matter is before the Court for review of the Report and Recommendation issued September 23, 2009 [Doc. No. 38] and the Report and Recommendation issued October 1, 2009 [Doc. No. 40], by United States Magistrate Judge Robert E. Bacharac... Stephen PROCTOR, et al., Plaintiffs, v. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF POTTAWATOMIE, et al ., Defendants. , W.D.Okla., October 30, 2009 ORDER VICKI MILES-LaGRANGE, Chief Judge. Before the Court is plaintiffs' Motion for Order Substituting Deceased Defendant's Successor as Defendant and for Continuance of Action, filed July 1, 2009. On July 20, 2009, defendants Pottawatomie County Public Safety Center Trust ("Trust") and Rod Bottoms ("Bottoms") filed their response, and on August 3, 2009, plaintiffs filed their reply. Also before the Court is plaintiffs' Amended Motion for Order Substituting Deceased Defendant's Successor, Cla... Richard E. YUNKER, Plaintiff, v. DEPARTMENT OF The AIR FORCE, Defendant. , W.D.Okla., October 30, 2009 ORDER TIMOTHY D. DeGIUSTI, District Judge. Plaintiff, appearing pro se and in forma pauperis, has filed this action against the Department of the Air Force. Attached to the Complaint form is a document which, liberally construed, consists of Plaintiff's statement criticizing the Uniform Code of Military Justice and the operation of the military court system; Plaintiff asks "that the Federal Courts review the constitutionality of the Board Court Martial vis-a-vis the sixth amendment requiremen... Eric SUTHY, Petitioner, v. Paul A. KASTNER, Warden, Respondent. , W.D.Okla., October 29, 2009 Eric Suthy, Oklahoma City, OK, pro se. Robert A. Bradford, U.S. Attorney's Office, Oklahoma City, OK, for Respondent. ORDER OF DISMISSAL ROBIN J. CAUTHRON, District Judge. This matter is before the Court on the Report and Recommendation entered by United States Magistrate Judge Robert E. Bacharach on September 9, 2009. The court file reflects that no party has objected to the Report and Recommendation within the time limits prescribed. Therefore, the Court adopts the Report and Recommend... UNITED STATES of America, Plaintiff-Respondent, v. John M. DAVIS, Defendant-Movant. , W.D.Okla., October 29, 2009 Mark A. Yancey, U.S. Attorney's Office, Oklahoma City, OK, for Plaintiff- Respondent. Paul A. Lacy, Federal Public Defender, Oklahoma City, OK, for Defendant- Movant. ORDER VICKI MILES-LaGRANGE, Chief Judge. Defendant-Movant John M. Davis ("Davis"), a federal prisoner, filed a motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255 on December 24, 2008. On January 22, 2009, plaintiff-respondent United States of America filed its response, and on May 26, 2009, Davis ... FARMERS ALLIANCE MUTUAL INSURANCE COMPANY, Plaintiff, v. Edward WILLINGHAM, Jr. and Joyce Willingham, Defendants. , N.D.Okla., October 28, 2009 Richard Warren Wassall, Wilkerson Wassall & Warman, Tulsa, OK, for Plaintiff. Michael Lee Bardrick, Thomas Joseph Steece, Oklahoma Legal Services PLLC, Oklahoma City, OK, for Defendants. OPINION AND ORDER CLAIRE V. EAGAN, Chief Judge. Now before the Court is the suggestion of lack of subject matter jurisdiction, contained in Joyce Willingham's answer to the amended complaint (Dkt.# 53). The Court ordered plaintiff to amend its complaint to allege facts sufficient to establish this Court'... UNITED STATES of America, Plaintiff, v. Marco A. HENDRICKSON, Defendant. , N.D.Okla., October 28, 2009 ORDER AND OPINION JAMES H. PAYNE, District Judge. Before the Court is Defendant's Motion to File Appeal Out of Time [Docket No. 95]. Both the Government and Counsel have filed Responses to Defendant's Motion. For the reasons set forth below, the motion is DENIED. Pursuant to Federal Rule of Appellate Procedure 4(b)(1)(A), a defendant's notice of intent to appeal must be filed within ten (10) days of entry of the entry of judgment. Fed. R.App.P. 4(b)(1)(A)(i). In the instant case, the judg... Jamie K. SANDERS, Plaintiff, v. SOUTHWESTERN BELL TELEPHONE, L.P., Defendant. , N.D.Okla., October 28, 2009 N. Kay Bridger-Riley, Bridger-Riley & Associates PC, Martin Alan Frey, Tulsa, OK, for Plaintiff. Kimberly Lambert Love, Mary Lynn Lohrke, Robyn Marie Funk, Titus Hillis Reynolds Love Dickman & McCalmon, Tulsa, OK, Mary C. Coulson, A & T Services Inc., Oklahoma City, OK, for Defendant. FINDINGS OF FACT AND CONCLUSIONS OF LAW CLAIRE V. EAGAN, Chief Judge. This is an action by a former employee against her former employer for wrongful termination on the basis of age, in violation of Oklahom... Don A. HOWARD, Plaintiff, v. Brandi BIRCHFIELD, Medical Director, et al., Defendants. , W.D.Okla., October 28, 2009 Don A. Howard Atoka, OK, pro se. ORDER STEPHEN P. FRIOT, District Judge. In his Report and Recommendation addressing this civil rights action brought under 42 U.S.C. § 1983, Magistrate Judge Gary M. Purcell recommends denial of the motion for leave to proceed in forma pauperis without prejudice. The magistrate judge also recommends dismissal of this action without prejudice for improper venue. Plaintiff has not filed an objection or sought an extension of time within which to do so. Upon re... Wahiid ALAMIIN, Plaintiff, v. David MILLER, et al., Defendants. , W.D.Okla., October 28, 2009 ORDER STEPHEN P. FRIOT, District Judge. In his Report and Recommendation of August 5, 2009 (doc. no. 26), Magistrate Judge Doyle W. Argo recommends that plaintiff's motions for a temporary restraining order and a preliminary injunction be denied. (Motions at doc. nos. 6, 12.) Plaintiff has objected (doc. no. 37), attempting to address at least some of the issues raised by the magistrate judge. For example, in his objection, plaintiffs makes statements regarding why, in plaintiff's opinion,... Lloyd Neil POPE, Plaintiff, v. Edwin CARNS, M.D., et al., Defendants. , W.D.Okla., October 28, 2009 Lloyd Neil Pope, Lawton, OK, pro se. Christopher L. Fox, Michael J. Heron, Heron Sweet Fox & Trout PC, Edmond, OK, for Defendants. ORDER STEPHEN P. FRIOT, District Judge. Plaintiff, a state prisoner appearing pro se whose pleadings are liberally construed, brings this action pursuant to 42 U.S.C. § 1983 alleging violations of his constitutional rights. The September 21, 2009 Report and Recommendation of Magistrate Judge Doyle W. Argo recommends that defendant Lindsay Municipal Hospital's... Sonja ROLLINS, as the Personal Representative of the Estate of Harland Rollins, Deceased, Plaintiff, v. The TOWN OF HASKELL, OKLAHOMA, a political subdivision of the State of Oklahoma, Defendant. , E.D.Okla., October 28, 2009 Scott F. Brockman, Scott K. Thomas, Stanley M. Ward, Woodrow K. Glass, Ward & Glass, Norman, OK, for Plaintiff. Scott B. Wood, Wood Puhl & Wood, PLLC, Tulsa, OK, for Defendant. OPINION AND ORDER JAMES H. PAYNE, District Judge. FACTUAL BACKGROUND On March 18, 2007, at approximately 12:20 a.m., Officer Stephen Parsons was dispatched to 314 South Cherokee St. in Haskell, Oklahoma, to a disturbance call. Upon arriving at the residence, Officer Parsons encountered several individuals, includin... UNITED STATES of America, Plaintiff, v. Danuel Junior DYER, Defendant. , E.D.Okla., October 27, 2009 Robert A. Wallace, U.S. Attorney, Muskogee, OK, for Plaintiff. Rex Earl Starr, Stilwell, OK, for Defendant. OPINION AND ORDER FRANK H. SEAY, District Judge. On October 27, 2009, this matter came on for hearing on Defendant Danuel Junior Dyer's Motion to Withdraw Plea Agreement (Doc. No. 549). Defendant contends he should be allowed to withdraw his plea of guilty because (1) at the time of the plea he had not been taking his anti-depressant medication and (2) he was put under a great deal... UNITED STATES of America, Plaintiff, v. Darrell Wayne COLLINS, Defendant. , W.D.Okla., October 26, 2009 ORDER VICKI MILES-LaGRANGE, Chief Judge. Defendant has filed a motion pursuant to 18 U.S.C. § 3582(c)(2) for a reduction of his sentence. The government has filed its response. On November 1, 2007, the United States Sentencing Commission's amendment to United States Sentencing Guidelines ("U.S.S.G.") § 2D1.1 (Amendment 706) took effect, reducing the crack cocaine guidelines by two levels. On December 11, 2007, the Commission voted to make the amendments to the crack cocaine guidelines retr... John C. PRATHER, Plaintiff, v. Gail HEDGECOTH, Osage County Assessor's Office, Bill Caughman, Osage County Board of Equalization, W.B. Mccabe, John Doe, Jane Doe, The Oklahoma Tax Commission, and the State of Oklahoma, Defendants. , N.D.Okla., October 26, 2009 John C. Prather, Bartlesville, OK, pro se. Andrew Alan Artus, Jamison Craig Whitson, Collins Zorn & Wagner, Larry D. Patton, Oklahoma Tax Commission, Scott David Boughton, Office of the Attorney General, Oklahoma City, OK, for Defendants. OPINION AND ORDER CLAIRE V. EAGAN, Chief Judge. Now before the Court are the following motions: Special Appearance and Motion to Dismiss of Named Defendant, Oklahoma Tax Commission (Dkt.# 8), Motion to Dismiss Plaintiff's Complaint on Behalf of Defenda... ZENERGY, INC., Plaintiff, v. William L. COLEMAN and Zavanna, LLC, Defendants. , N.D.Okla., October 26, 2009 Amanda Leigh Thrash, Doerner Saunders Daniel & Anderson, Tulsa, OK, James U. White, Jr., Tom Quintin Ferguson, White Coffey & Fite PC, Oklahoma City, OK, for Plaintiff. Kerry R. Lewis, James Donald Johnson, Rhodes Hieronymus Jones Tucker & Gable, Tulsa, OK, for Defendants. OPINION AND ORDER CLAIRE V. EAGAN, Chief Judge. Now before the Court are Defendant Zavanna, LLC's Motion to Dismiss and Brief in Support (Dkt.# 10) and Defendant William L. Coleman's Motion to Dismiss and Brief in Sup... SPIRITBANK, Plaintiff, v. Gary McCARTY, Catherine McCarty, and Securities Management and Research Inc., Defendants. , N.D.Okla., October 23, 2009 Ambar Iqbal Malik, Brian Jack Goree, Kenneth Edward Wagner, Marcus N. Ratcliff, Mark Thomas Steele, Latham Wagner Steele Lehman, Tulsa, OK, for Plaintiff. John Patrick Mensching, Jr., Riggs Abney Neal Turpen Orbison & Lewis, Tulsa, OK, for Defendants. OPINION AND ORDER CLAIRE V. EAGAN, District Judge. Now before the Court is Gary McCarty's and Catherine McCarty's Motion for Summary Judgment and Incorporated Brief in Support Thereof (Dkt.# 50). Defendants Gary and Catherine McCarty argue ... CEP MID-CONTINENT LLC, Plaintiff, v. TURKEY CREEK, L.L.C., Defendant. , N.D.Okla., October 23, 2009 Michael Edward Smith, Hall Estill Hardwick Gable Golden & Nelson, Oklahoma City, OK, for Plaintiff. Mark Bradley Perkins, Pinkerton & Finn, Tulsa, OK, Thomas Jot Hartley, Travis Jot Hartley, Hartley Law Firm PLLC, Vinita, OK, for Defendant. OPINION AND ORDER CLAIRE V. EAGAN, Chief Judge. Now before the Court is defendant's Motion for Leave to File Amended and Supplemental Pleading (Dkt.# 20). Defendant requests leave to file an amendment and supplement to its Answer and Counterclaim of ... UNITED STATES of America, Plaintiff, v. Jorge Esparza VELASCO, Defendant. , N.D.Okla., October 23, 2009 OPINION AND ORDER CLAIRE V. EAGAN, Chief Judge. Before the Court is defendant's Motion for Sentence Relief Under the Federal Bureau of Prisons Non-Violent Offender Relief Act of 2003 (Dkt.# 619). In May 1999 defendant and others were charged by indictment with conspiracy to possess with intent to distribute methamphetamine and cocaine. In August 1999 a three-count Superseding Indictment was filed alleging similar crimes. On October 25, 1999, defendant entered a plea of guilty to an Informatio... Sahib Quietman HENDERSON, Plaintiff, v. Justin JONES et al., Defendants. , W.D.Okla., October 23, 2009 Sahib Quietman Henderson, Hominy, OK, pro se. Kari Y. Hawkins, Oklahoma City, OK, for Defendants. ORDER LEE R. WEST, District Judge. On August 21, 2009, United States Magistrate Judge Bana Roberts issued the Sixth Report and Recommendation in this matter and recommended that the Court grant the Motion for Summary Judgment filed pursuant to Rule 56, F.R.Civ.P., by defendants Justin Jones, Ed Evans and Ron Ward. Magistrate Judge Roberts also set forth in the Sixth Report and Recommendation... Hubert WILKINSON and Randall J. Gilbreath, Plaintiffs, v. James M. BROWN, Sr., et al., Defendants. , E.D.Okla., October 23, 2009 Hubert Wilkinson, Stringtown, OK, pro se. Randall J. Gilbreath, Stringtown, OK, pro se. OPINION AND ORDER JAMES H. PAYNE, District Judge. Plaintiffs, who are inmates at Mack Alford Correctional Center in Stringtown, Oklahoma, have filed a motion requesting the court to certify this case as a class action and to appoint counsel. The complaint concerns parole procedures, and the plaintiffs have proposed four classes of Oklahoma prisoners, based on their dates of conviction. Initially, t... Douglas WEST, Petitioner, v. Ron CHAMPION. Warden, Respondent. , E.D.Okla., October 23, 2009 ORDER AND OPINION DENYING CERTIFICATE OF APPEALABILITY JAMES H. PAYNE, District Judge. Petitioner has filed a notice of intent to appeal the court's order entered September 23, 2009, denying his motions to alter or amend judgment. After a careful review of the record the court concludes petitioner has failed to make a "substantial showing of the denial of a constitutional right," as required by 28 U.S.C. § 2253(c)(2). The court further finds petitioner has not shown "at least, that jurists of... © 2009 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com