OPINION AND ORDER AWARDING ATTORNEY'S FEES TO THE PLAINTIFF UNDER THE EAJA STEVEN P. SHREDER , Magistrate Judge . Plaintiff Matthew W. Hensley was the prevailing party in this action under the Social Security Act. Plaintiff originally sought an award of attorney's fees in the amount of $4,195.70, pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412(d). See Docket No. 20. The Commissioner subsequently filed a response, indicating that the parties have now agreed to an award of...
OPINION AND ORDER AWARDING ATTORNEY'S FEES TO THE PLAINTIFF UNDER THE EAJA STEVEN P. SHREDER , Magistrate Judge . Plaintiff Daniel F. Sanders was the prevailing party in this action under the Social Security Act. Plaintiff seeks an award of attorney's fees in the amount of $3,687.40, pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412(d). The Commissioner has no objection to the fee award. Upon review of the record herein, the Court finds that said amount is reasonable and that...
OPINION AND ORDER AWARDING ATTORNEY'S FEES TO THE PLAINTIFF UNDER THE EAJA STEVEN P. SHREDER , Magistrate Judge . Plaintiff Okla M. Frey was the prevailing party in this action under the Social Security Act. Plaintiff has now filed an Unopposed Motion for Award of Attorney Fees Under the Equal Access to Justice Act [Docket No. 18], indicating that the parties have agreed to an attorney's fee in the amount of $4,250.00. Upon review of the record herein, the Court finds that the agreed...
OPINION AND ORDER AWARDING ATTORNEY'S FEES TO THE PLAINTIFF UNDER THE EAJA STEVEN P. SHREDER , Magistrate Judge . Plaintiff Lafonda G. Turman was the prevailing party in this action under the Social Security Act. Plaintiff seeks an award of attorney's fees in the amount of $4,213.75, pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412(d). The Commissioner has no objection to the fee award. Upon review of the record herein, the Court finds that said amount is reasonable and that...
OPINION AND ORDER AWARDING ATTORNEY'S FEES TO THE PLAINTIFF UNDER THE EAJA STEVEN P. SHREDER , Magistrate Judge . Plaintiff David W. Brewer was the prevailing party in this action under the Social Security Act. Plaintiff seeks an award of attorney's fees in the amount of $4,293.40, pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412(d). The Commissioner has no objection to the fee award. Upon review of the record herein, the Court finds that said amount is reasonable and that...
ORDER RONALD A. WHITE , District Judge . Before the court are the following: 1. The Motion to Dismiss of City of Eufaula [Docket No. 25] ("Eufaula"); 2. The Motion to Dismiss of Defendant Casey Torix 1 [Docket No. 46] ("Torix"); 3. The Motion to Dismiss of Defendant Don Murray [Docket No. 47] ("Murray"); and, 4. The Motion for Adoption and Incorporation of Defendants' Motions to Dismiss as to the Second Amended Petition, filed by Eufaula, Murray and Torix [Docket No. 64]. This case...
OPINION AND ORDER AWARDING ATTORNEY'S FEES TO THE PLAINTIFF UNDER THE EAJA STEVEN P. SHREDER , Magistrate Judge . Plaintiff Shelli R. Douglas was the prevailing party in this action under the Social Security Act. Plaintiff has now filed an Unopposed Motion for Award of Attorney Fees Under the Equal Access to Justice Act [Docket No. 20], indicating that the parties have stipulated to an attorney's fee in the amount of $4,750.00. Upon review of the record herein, the Court finds that the...
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 (Dkt. 21). 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...
OPINION AND ORDER KIMBERLY E. WEST , Magistrate Judge . This matter comes before the Court on Petitioner's Motion for Summary Judgment (Docket Entry #46). Related to this Motion and also considered in this Opinion and Order is the Petitioner's Motion to Strike or Disregard "Sham" Errata Changes (Docket Entry #59). Claimant gave his deposition in this case on August 22, 2018. His testimony included the following exchange at p. 67: Q: Okay. Sometimes things are just accidents, right A:...
OPINION AND ORDER RONALD A. WHITE , District Judge . On September 4, 2016, Plaintiff, a pro se prisoner incarcerated at Oklahoma State Penitentiary (OSP) in McAlester, Oklahoma, filed this civil rights action pursuant to 42 U.S.C. 1983 (Dkt. 1). He alleged Defendant Regina VanBlaricom, OSP Medical Administrator, violated his constitutional rights by denying him dental care and by failing to respond to his grievances (Dkt. 1). He paid the initial partial filing fee on September 19, 2018....
OPINION AND ORDER RONALD A. WHITE , District Judge . This action is before the Court on Respondent's motion to dismiss Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254 as barred by the statute of limitations (Dkt. 8). Petitioner, a pro se prisoner in the custody of the Oklahoma Department of Corrections who is incarcerated at Lawton Correctional Facility in Lawton, Oklahoma, attacks his conviction and sentence in Muskogee County District Court Case No. CF-...
OPINION AND ORDER KIMBERLY E. WEST , Magistrate Judge . This matter comes before the Court on School District Defendants' First Motion in Limine (Docket Entry #104). Defendants seek to exclude the following from trial: 1) Evidence or testimony that Defendant Ryan England may have had an inappropriate romantic or sexual relationship with any student other than Nave while England was employed by the School District — Plaintiff testified in her deposition that a fellow female student, MA,...
OPINION AND ORDER KIMBERLY E. WEST , Magistrate Judge . This matter comes before the Court on Plaintiff's Motion in Limine (Docket Entry #105). Plaintiff seeks to exclude the following from trial: 1) Defendants' suggestion that a verdict against either of them would create a financial hardship for the school or the town — Defendants respond that they do not intend to elicit testimony of this nature. Plaintiff's Motion will be granted on this issue. 2) Defendants' should be precluded...
OPINION AND ORDER AWARDING ATTORNEY'S FEES TO THE PLAINTIFF UNDER THE EAJA STEVEN P. SHREDER , Magistrate Judge . Plaintiff Joe D. O'Rear was the prevailing party in this action under the Social Security Act. Plaintiff originally sought an award of attorney's fees in the amount of $6,344.00, pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412(d). See Docket No. 20. The Commissioner subsequently filed a response to Plaintiff's motion, indicating that the parties have agreed to...
OPINION AND ORDER KIMBERLY E. WEST , Magistrate Judge . This matter comes before the Court on Defendant School District's Motion for Summary Judgment (Docket Entry #79) and Defendant Grant Ralls' Motion for Summary Judgment (Docket Entry #80). Facts Relevant to All Claims Defendant Ryan England ("England") began his employment with Defendant Independent School District No. 20 of LeFlore County a/k/a Panama Public Schools ("School District") during the 2012-13 school year. During his...
OPINION AND ORDER AWARDING ATTORNEY'S FEES TO THE PLAINTIFF UNDER THE EAJA STEVEN P. SHREDER , Magistrate Judge . Plaintiff Jeffrey E. Marshall was the prevailing party in this action under the Social Security Act. Plaintiff originally sought an award of attorney's fees in the amount of $6,435.30, pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412(d). See Docket No. 21. The Commissioner subsequently filed a response to Plaintiff's motion, indicating that the parties have...
ORDER RONALD A. WHITE , District Judge . Before the court are the following: Defendant's Motion to Dismiss Plaintiff's Corrected Second Amended Complaint [Docket No. 56] filed on June 22, 2018, and Plaintiff's response [Docket No. 63]; Defendants' Motion to Dismiss Case for Failure to State a Claim [Docket No. 75] filed on August 16, 2018, and Plaintiff's response [Docket No. 76]. No replies have been filed to either motion. This case was originally filed on December 13, 2016, alleging...
ORDER JOE HEATON , District Judge . In an effort to resolve a long and contentious discovery dispute, the court referred to U.S. Magistrate Judge Kimberly West, for report and recommendation, plaintiff's motion [Doc. #152] seeking contempt sanctions against non-parties Enable Gas Gathering, LLC, Enable Midstream Partners, LP, and Enable Gathering & Processing, LLC (collectively, "Enable"). The motion was based on Enable's non-compliance with Judge Seay's September 2, 2016 order [Doc. #124]...
REPORT AND RECOMMENDATION KIMBERLY E. WEST , Magistrate Judge . This matter comes before the Court on the Motion for Enable to Show Cause (Docket Entry #152). This Motion was referred to the undersigned for the entry of a Report and Recommendation by United States District Judge Joe Heaton by Order entered April 17, 2018. At Plaintiff's request, a hearing on these Motions was conducted on May 2, 2018 with counsel present. This action was commenced in the District Court in and for...
OPINION AND ORDER STEVEN P. SHREDER , Magistrate Judge . This matter comes before the Court on motion by Defendant Homebased Services & Resources, Inc. ("HSR") for dismissal of the Plaintiffs' Complaint for failure to state a claim and failure to plead with particularity. For the reasons set forth below, the Court finds that the Defendant Homebased Services & Resources, Inc.'s Motion to Dismiss [Docket No. 25] should be hereby GRANTED. BACKGROUND In this qui tam action, Plaintiffs Tony...
