OPINION AND ORDER KIMBERLY E. WEST, Magistrate Judge. This matter comes before the Court on Plaintiff's Motion in Limine (Docket Entry #156). Plaintiff seeks to exclude reference to his prior back injury which he contends was unrelated to the injury he suffered as a result of the use of Defendant's defective product. Plaintiff contends such evidence is irrelevant to the issues in this case. In response, Defendant asserts that Plaintiff was disabled as a result of the back injury prior to...
OPINION AND ORDER KIMBERLY E. WEST, Magistrate Judge. This matter comes before the Court on the Motions in Limine filed by Defendant Lake Raider, Inc. d/b/a Voyager Marine (Docket Entry Nos. 152, 177, and 183). In the first Motion, Defendant seeks to exclude any reference at trial to Defendant's liability insurance coverage. No party opposes this request and, thus, the evidence shall be excluded. In the second Motion, Defendant seeks to exclude certain portions of the Third Party Defendant'...
OPINION AND ORDER AWARDING ATTORNEY'S FEES UNDER 42 U.S.C. 406(b) STEVEN P. SHREDER, Magistrate Judge. The Plaintiff appealed the decision of the Commissioner of the Social Security Administration denying her request for benefits. Upon motion by the Commissioner, the Court reversed the Commissioner's decision and remanded the case for further proceedings. On remand, the Administrative Law Judge ("ALJ") found that the Plaintiff was disabled and awarded her $98,128.00 in past-due benefits....
OPINION AND ORDER AWARDING ATTORNEY'S FEES UNDER 42 U.S.C. 406(b) STEVEN P. SHREDER, Magistrate Judge. The Plaintiff appealed the decision of the Commissioner of the Social Security Administration denying his request for benefits. The Court reversed the Commissioner's decision and remanded the case for further proceedings. On remand, the Administrative Law Judge ("ALJ") found that the Plaintiff was disabled and awarded him $82,083.90 in past-due benefits. The Plaintiff's attorney now seeks...
OPINION AND ORDER KIMBERLY E. WEST, Magistrate Judge. This matter comes before the Court on Plaintiff's Motion for Summary Judgment on the Issue of Liability of Lake Raider, Inc. d/b/a Voyager Marine filed November 18, 2014 (Docket Entry #138). Plaintiff Mike Stokes ("Stokes") initiated this action on November 12, 2013 against Defendant Lake Raider, Inc., d/b/a Voyager Marine ("Voyager") only. Stokes' claims included negligence, manufacturer's products liability, failure to provide adequate...
OPINION AND ORDER KIMBERLY E. WEST, Magistrate Judge. This matter comes before the Court on Third-Party Defendant 150 Boat Sales, L.L.C.'s Motion for Summary Judgment (Docket Entry #75). Plaintiff Mike Stokes ("Stokes") initiated this action on November 12, 2013 against Defendant Lake Raider, Inc., d/b/a Voyager Marine ("Voyager") only. Stokes' claims included negligence, manufacturer's products liability, failure to provide adequate notice, and breach of warranty in connection with a pinch...
OPINION AND ORDER FRANK H. SEAY, District Judge. Petitioner has filed a motion for leave to resubmit his objection to the Magistrate Judge's Report and Recommendation (R&R), because this action was dismissed before the objection was filed. (Dkt. 30). The record shows the R&R was entered on July 18, 2014, and petitioner was granted 14 days from receipt of the R&R to file his objection. (Dkt. 21 at 11). The Receipt for the R&R, filed on July 31, 2014, indicated petitioner received the R&R on...
ORDER & OPINION RONALD A. WHITE, District Judge. Before the court is Billy Joe Young's motion pursuant to 28 U.S.C. 2255 to vacate, set aside or correct sentence [Docket No. 1]. On January 27, 2011, Petitioner pled guilty to Count 1 of the Indictment, charging him with being a felon in possession of a firearm in violation of 18 U.S.C. 922(g)(1). On July 13, 2011, Petitioner was sentenced to 188 months in prison, followed by 3 years of supervised release. The Judgment was entered on July...
ORDER & OPINION RONALD A. WHITE, District Judge. Before the court is Demario Richard Coleman's motion pursuant to 28 U.S.C. 2255 to vacate, set aside or correct sentence [Docket No. 1]. On March 27, 2012, Petitioner pled guilty to Count 1 of the Indictment, charging him with being a felon in possession of a firearm in violation of 18 U.S.C. 922(g)(1) and 924(e)(1). On July 18, 2012, Petitioner was sentenced to 180 months in prison, followed by 3 years of supervised release. The Judgment...
OPINION AND ORDER JAMES H. PAYNE, District Judge. Petitioner, a former inmate of the Latimer County Detention Center in Wilburton, Oklahoma, filed this petition for a writ of habeas corpus pursuant to 28 U.S.C. 2241, challenging his revocation proceedings in Latimer County District Court Case No. CF-2001-153. The respondent alleges petitioner's incarceration was lawful and his claims are moot, because he has been released from incarceration. The record shows that petitioner was convicted...
OPINION AND ORDER FRANK H. SEAY, District Judge. This matter comes before the Court on Defendant's Motion to Dismiss (Dkt. # 12). Plaintiff filed a response on November 17, 2014 (Dkt. # 18). Defendant filed their reply on December 8, 2014 (Dkt. # 24). Additionally, without leave of court, Plaintiff filed a response to Defendant's reply (Dkt. # 29)which this Court has considered. Statement of the Case Plaintiff alleges two causes of action against Capital One Corporation. First, plaintiff...
OPINION AND ORDER AWARDING ATTORNEY'S FEES TO THE PLAINTIFF UNDER THE EAJA STEVEN P. SHREDER, Magistrate Judge. Plaintiff Lisa A. Fowler was the prevailing party in this action under the Social Security Act. Plaintiff seeks an award of attorney's fees in the amount of $5,656.30, pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412(d). The Commissioner does not object to the fee award. Upon review of the record herein, the Court finds that said amount is reasonable and that the...
OPINION AND ORDER AWARDING ATTORNEY'S FEES UNDER 42 U.S.C. 406(b) STEVEN P. SHREDER, Magistrate Judge. The Plaintiff appealed the decision of the Commissioner of the Social Security Administration denying her request for benefits. The Court reversed the Commissioner's decision and remanded the case for further proceedings. On remand, the Administrative Law Judge ("ALJ") found that the Plaintiff was disabled and awarded her $57,093.92 in past-due benefits. The Plaintiff's attorneys now seek...
ORDER RONALD A. WHITE, District Judge. Before the court are Plaintiffs' motion for reconsideration [Docket No. 19], Plaintiffs' Amended Complaint [Docket No. 20], and Defendants' motions to dismiss [Docket Nos. 18 and 24]. For the reasons set forth below, Plaintiffs' motion for reconsideration is denied. The Amended Complaint is stricken. The motion to dismiss the Amended Complaint, therefore, is moot. The motion to dismiss is denied at this time. Plaintiffs shall perfect service and file...
ORDER RONALD A. WHITE, District Judge. Before the court is Plaintiffs' motion for judicial review of order taxing costs [Docket No. 144]. Plaintiffs request that the court exercise its discretion 1 and set aside the order taxing costs arguing that: (1) Plaintiffs are indigent; (2) Sagamore's payment of the policy limits after months of litigation predicated upon its failure to do so; (3) the case was complex and close; and (4) Kelly Bryant attempted to dismiss his action. For purposes of...
ORDER & OPINION RONALD A. WHITE, District Judge. Before the court is Ronald Keith Irving's motion pursuant to 28 U.S.C. 2255 to vacate, set aside or correct sentence [Docket No. 1]. On July 23, 2009, Petitioner was found guilty on Count 1 of the Indictment, charging him with possession with intent to distribute cocaine base, also known as crack cocaine, in violation of 21 U.S.C. 841(a)(1) and 841(b)(1)(B)(iii). The jury found the amount of cocaine base to be in excess of 5 grams....
OPINION AND ORDER STEVEN P. SHREDER, District Judge. The claimant Debra McCoy sought judicial review of the decision by the Commissioner of the Social Security Administration ("Commissioner") denying benefits pursuant to 42 U.S.C. 405(g). The claimant argued that the Administrative Law Judge ("ALJ") erred by failing to adequately develop the record because he failed to determine the level of vocational adjustment needed in order to perform other sedentary work. After the claimant filed her...
OPINION AND ORDER AWARDING ATTORNEY'S FEES TO THE PLAINTIFF UNDER THE EAJA STEVEN P. SHREDER, Magistrate Judge. Plaintiff Wenda Shreve was the prevailing party in this action under the Social Security Act. Plaintiff seeks an award of attorney's fees in the amount of $4,849.90 and costs in the amount of $400.00, pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412(d). The Commissioner does not object to the fee award. Upon review of the record herein, the Court finds that said amount...
OPINION AND ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL JAMES H. PAYNE, District Judge. Plaintiff has filed a motion requesting the court to appoint counsel. He bears the burden of convincing the court that his claim has sufficient merit to warrant such appointment. McCarthy v. Weinberg, 753 F.2d 836 , 838 (10th Cir. 1985) (citing United States v. Masters, 484 F.2d 1251 , 1253 (10th Cir. 1973)). The court has carefully reviewed the merits of plaintiff's claims, the nature of...
OPINION AND ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL RONALD A. WHITE, District Judge. Plaintiff has filed a motion requesting the court to appoint counsel. He bears the burden of convincing the court that his claim has sufficient merit to warrant such appointment. McCarthy v. Weinberg, 753 F.2d 836 , 838 (10th Cir. 1985) (citing United States v. Masters, 484 F.2d 1251 , 1253 (10th Cir. 1973)). The court has carefully reviewed the merits of plaintiff's claims, the nature of...
