REPORT AND RECOMMENDATION KIMBERLY E. WEST , Magistrate Judge . Plaintiff James Allen Daniels (the "Claimant") requests judicial review of the decision of the Commissioner of the Social Security Administration (the "Commissioner") denying Claimant's application for disability benefits under the Social Security Act. Claimant appeals the decision of the Administrative Law Judge ("ALJ") and asserts that the Commissioner erred because the ALJ incorrectly determined that Claimant was not...
OPINION AND ORDER AWARDING ATTORNEY'S FEES TO THE PLAINTIFF UNDER THE EAJA STEVEN P. SHREDER , Magistrate Judge . Plaintiff Rikki D. Knight was the prevailing party in this action under the Social Security Act. Plaintiff seeks an award of attorney's fees in the amount of $4,114.80 and costs in the amount of $400, pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412(d). See Docket No. 19. The Commissioner has no objection to an award of the requested fees and costs. Upon review...
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 ultimately awarded her $113,457.00, see Docket No. 24. Ex. 2, in past-due...
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 $113,060.52 in past-due benefits. The Plaintiff's attorney now...
OPINION AND ORDER STEVEN P. SHREDER , Magistrate Judge . This case arises out of an encounter between Jeriel Edwards and police officers with the City of Muskogee Police Department. The Plaintiff sued a number of individuals and entities, including the remaining four Defendants in the case: Steven Harmon, Bobby Lee, Greg Foreman, and Dillon Swaim. The claims against these Defendants are made pursuant to 42 U.S.C. 1983, and the Defendants have filed a summary judgment motion asserting...
ORDER STEVEN P. SHREDER , Magistrate Judge . This case arises out of an encounter between Lisa Schaapveld and officers with the City of Sulphur Police Department, the Murray County Sheriff's Office, and the Oklahoma Highway Patrol, among others. Due to a traumatic brain injury, Ms. Schaapveld has been found to be incapacitated and her aunt, Janis Claro, has been appointed as her guardian. The Plaintiff has named as Defendants the City of Sulphur, the Murray County Board of County...
OPINION JOHN A. GIBNEY, JR. , District Judge . Perry Cline represents class members who own interests in oil wells in Oklahoma. The defendants, Sunoco, Inc. (R&M), and Sunoco Partners Marketing & Terminals, L.P. ("Sunoco"), purchase and sell oil from the wells. Sunoco pays the class members proceeds when it sells the oil. Oklahoma's Production Revenue Standards Act ("PRSA") governs when Sunoco must pay those proceeds and imposes statutory interest for paying the proceeds late. See Okla....
OPINION AND ORDER AWARDING ATTORNEY'S FEES TO THE PLAINTIFF UNDER THE EAJA STEVEN P. SHREDER , Magistrate Judge . Plaintiff Phyllis Torres 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 $6,992.40, pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412(d). See Docket No. 20. In response, the Commissioner subsequently filed a Stipulation, indicating that the parties have agreed to an...
OPINION AND ORDER JAMES H. PAYNE , District Judge . On September 30, 2019, the Court entered an Opinion and Order denying Petitioner's petition for a writ of habeas corpus filed pursuant to 42 U.S.C. 2254 (Dkt. 24). On October 10, 2019, Petitioner filed a motion to alter or amend the judgment pursuant to Fed. R. Civ. P. 59(e), alleging the Court erroneously found that there was no evidence to support the trial court's instruction on heat-of-passion manslaughter, and that if the...
OPINION AND ORDER AWARDING ATTORNEY'S FEES TO THE PLAINTIFF UNDER THE EAJA STEVEN P. SHREDER , Magistrate Judge . Plaintiff Walter L. Luton was the prevailing party in this action under the Social Security Act. Plaintiff seeks an award of attorney's fees in the amount of $5,104.40, pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412(d). See Docket No. 19. The Commissioner has no objection to the fee award. Upon review of the record herein, the Court finds that said amount is...
ORDER RONALD A. WHITE , District Judge . Plaintiff filed his pro se 3 Second Amended Complaint on July 22, 2019, alleging federal and state law violations for employer discrimination based on race, age, and disability. Docket No. 22-1. Plaintiff lists "Title VII, Civil Rights laws, American Disability (ADA) and Oklahoma and U.S. Labor laws." Docket No. 22 at 6. Plaintiff alleges that he had a contract with United Way of Tulsa ("UWT") to work as a therapist under Jackie Miller. He...
AMENDED OPINION AND ORDER AWARDING ATTORNEY'S FEES TO THE PLAINTIFF UNDER THE EAJA STEVEN P. SHREDER , Magistrate Judge . Plaintiff Michael Ray Harrison was the prevailing party in this action under the Social Security Act. Plaintiff has now filed a Stipulated Motion for Award of Attorney Fees under the Equal Access to Justice Act [Docket No. 16], indicating that the parties have stipulated to an attorney's fee in the amount of $4,300.00 and court costs in the amount of $400.00. Upon...
REPORT AND RECOMMENDATION KIMBERLY E. WEST , Magistrate Judge . This matter comes before this Court on Plaintiff's Motion for Deficiency Judgment After Sale (Docket Entry #41). By Order entered August 27, 2019, United States District Judge Ronald A. White, the judge presiding over this case, referred the subject Motion to the undersigned for the purpose of entering a Report and a Recommendation as to its final disposition. To that end, this Court conducted a hearing on the Motion on...
ORDER JOHN A. GIBNEY, JR. , District Judge . This matter comes before the Court on the defendants' motion to stay. (Dk. No. 131.) For the reasons stated in the accompanying Opinion, the Court DENIES the motion. It is so ORDERED. Let the Clerk send a copy of this Order to all counsel of record.
OPINION JOHN A. GIBNEY, JR. , District Judge . Perry Cline owns a royalty interest in one or more oil wells in Oklahoma. Sunoco, Inc. (R&M), and Sunoco Partners Marketing & Terminals, L.P. ("Sunoco"), purchase and resell oil from Cline's wells. Oklahoma law requires Sunoco to pay proceeds from the oil to Cline. If Sunoco pays the proceeds late, it must pay Cline interest on the payment at a rate set forth in Oklahoma's Production Revenue Standards Act ("PRSA"). See Okla. Stat. tit. 52,...
ORDER RONALD A. WHITE , District Judge . On September 30, 2019, after Defendant objected to the Magistrate Judge's Findings and Recommendation ("F&R") [Docket No. 16], recommending that judgment be entered in Plaintiff's favor in the total amount of $170,000.00, the court gave Defendant one last opportunity, until October 18, 2019, to file an Answer or a motion pursuant to Fed.R.Civ.P. 12. Defendant complied with the court's order, filing his answer on October 15, 2019. As the court...
OPINION AND ORDER KIMBERLY E. WEST , Magistrate Judge . This matter comes before the Court on Defendants' Motion for Partial Summary Judgment (Docket Entry #81). Plaintiff initiated this action in the District Court in and for Atoka County, Oklahoma on December 4, 2017 and the action was subsequently removed by Defendants to this Court on December 29, 2017. The parties consented to the undersigned on March 16, 2018. On April 28, 2017, at approximately 5:58 a.m., a motor vehicle accident...
OPINION AND ORDER KIMBERLY E. WEST , Magistrate Judge . This matter comes before the Court on Defendants' Motion to Dismiss for Failure to State a Claim (Docket Entry #64). Plaintiff Dewayne Edward Deela ("Deela") initiated this action in the District Court in and for Atoka County, Oklahoma on December 4, 2017 and the action was subsequently removed by Defendants Annett Holdings, Inc. d/b/a TMC Transportation ("TMC") and David Wayne King ("King") to this Court on December 29, 2017. 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 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 $113,607.50 in past-due benefits. The Plaintiff's attorney now...
ORDER RONALD A. WHITE , District Judge . Before the court is the motion of defendant Board of County Commissioners of Muskogee County for summary judgment. This lawsuit commenced in the District Court for Muskogee County. The case was removed to this court by defendant on April 20, 2018. Plaintiff Zachary Rowell ("Zachary") filed a third amended complaint (#45) on July 18, 2018. Plaintiff brings a claim against the Board pursuant to 42 U.S.C. 1983 and a state-law a claim pursuant to Art....
