OPINION AND ORDER FRANK H. SEAY, District Judge. This matter is before the Court on Plaintiff's Motion for Temporary Restraining Order (Dkt. No. 16), Plaintiff's Request for Preliminary Injunction contained in the First Amended Complaint (Dkt. No. 15), the Motions to Dismiss by Defendants, Dusty Smith, Randy Hammons, and Christy Hammons (Dkt. Nos. 28 and 29, respectively), and the parties' jurisdictional briefs (Dkt. Nos. 34, 39, and 40). 1 Having considered the submissions of the parties,...
OPINION AND ORDER KIMBERLY E. WEST, United States Magistrate Judge. This matter comes before the Court on Defendant's Motion for Summary Judgment filed February 25, 2010 (Docket Entry # 30). Having had a timely response and reply filed to it, the Motion is at issue. Upon review and consideration of these documents, this Court renders this ruling. On March 21, 2007, Plaintiff was hired to work for Defendant as a truck driver and equipment operator. Plaintiff worked as an operator for three...
ORDER JAMES H. PAYNE, District Judge. Now before the Court is the Motion to Dismiss filed on behalf of the Oklahoma Tax Commission and its members [Doc. 35], and the Motion to Dismiss filed on behalf of Attorney General Edmondson [Doc. 36]. The instant case, commenced by the Muscogee (Creek) Nation, a federally-recognized Indian Tribe ("the Nation"), concerns the Nation's sale of cigarettes and tobacco products. The Nation challenges Oklahoma Tax Statutes which impose an excise tax on all...
ORDER RONALD A. WHITE, District Judge. Plaintiff is a Medicare certified hospice provider in Idabel, Oklahoma. As a hospice provider, it provides hospice care to eligible terminally-ill Medicare patients and services to their families. The federal government pays hospice providers pursuant to a Medicare program. The Department of Health and Human Services administers the hospice benefit and reimburses hospice providers on a per diem basis for services to patients. Annual reimbursements are...
