OPINION AND ORDER PAUL J. CLEARY, United States Magistrate Judge. Claimant, Jajuan D. Wilson ("Wilson"), pursuant to 42 U.S.C. 405(g), requests judicial review of the decision of the Commissioner of the Social Security Administration ("Commissioner") under the Social Security Act, 42 U.S.C. 401 et seq. terminating the supplemental security income benefits that Wilson received as a child when he reached the age of 18. In accordance with 28 U.S.C. 636(c)(1) and (3), the parties have...
OPINION AND ORDER GREGORY K. FRIZZELL, District Judge. This matter comes before the court upon the Motion for Summary Judgment (Dkt. #44) of the plaintiff Martha Lou Braun ("Braun"), and the Motion for Summary Judgment (Dkt. #47) of defendants St. Pius X Parish, St. Pius X, and Matthew Vereecke. The court evaluates the merits of these cross-motions separately. A motion for summary judgment shall be granted "if the movant shows that there is no genuine dispute as to any material fact and...
OPINION & ORDER JAMES H. PAYNE, District Judge. Before the court is the Motion to Dismiss for Lack of Jurisdiction under Fed. R.Civ.P. 12(b)(2) (lack of personal jurisdiction) filed by Defendants Performance One Media, LLC ("POM") and Robert J. Sigg ("Mr. Sigg"). Docket No. 22 (hereinafter "Motion to Dismiss"). This motion has been pending more than one year due to multiple requests to stay the case pending discovery on the issue of personal jurisdiction, followed by a highly contested...
OPINION AND ORDER GREGORY K. FRIZZELL, District Judge. This matter comes before the court on the Motion to Reconsider the Court's September 27, 2010 Opinion and Order (Dkt. # 76) of defendant The Williams Companies, Inc. ("Williams") and plaintiffs' Motion to Clarify and Confirm the Class Definition (Dkt. # 75). I. Facts Plaintiff Joseph Pikas ("Pikas") filed this class action on behalf of himself and all others who took lump sum pension payments under the Williams Pension Plan ("Plan")....
OPINION & ORDER JAMES H. PAYNE, District Judge. Before the court is Third-Party Defendant Hartford Financial Services Group, Inc.'s ("Hartford's") Motion to Dismiss Montello, Inc.'s Third Party Complaint (Docket No. 60, hereinafter "Motion to Dismiss") and Brief in Support (Docket No. 61), Defendant/Third-Party Plaintiff Montello, Inc.'s Response to the Motion to Dismiss (Docket No. 82), and Hartford's Reply to Montello's Response (Docket No. 86). Also before the court is Hartford's Motion...
OPINION & ORDER JAMES H. PAYNE, District Judge. Before the Court in this ERISA action 1 is Defendant BMI-HealthPlans, Inc.'s Motion for Summary Judgment (Docket No. 40, hereinafter "Motion for Summary Judgment"), Plaintiff Susan Wesson's Response thereto (Docket No. 51, hereinafter "Response"), and BMI-HealthPlans Inc.'s Reply to Plaintiff's Response (Docket No. 55, hereinafter "Reply"). For the reasons cited herein, BMI-HealthPlans, Inc.'s Motion for Summary Judgment is GRANTED. FACTS A....
OPINION & ORDER JAMES H. PAYNE, District Judge. Before the Court is Third-Party Defendant National Indemnity Company's ("NICO") Motion for Judgment on the Pleadings (Docket No. 88), Defendant/Third-Party Plaintiff Montello, Inc.'s Response to the Motion for Judgment on the Pleadings (Docket No. 90), and NICO's Reply to Montello's Response (Docket No. 91). For the reasons cited herein, NICO's Motion for Judgment on the Pleadings is GRANTED. FACTS and PROCEDURAL HISTORY This case was...
OPINION AND ORDER TERENCE C. KERN District Judge. Before the Court is Defendants' Motion to Dismiss (Doc. 6). 1 I. Factual Background In their Complaint filed January 5, 2011, Plaintiffs Debrah and Steve Lumpkins allege that they entered into a "Homeowners' Insurance Policy" on property located at 9250 S. 42585, Inola, Oklahoma ("Property") with Defendants Meritplan Insurance Company ("Meritplan") and Balboa Insurance Company ("Balboa") (collectively "Defendants"). 2 Plaintiffs allege...
OPINION AND ORDER CLAIRE V. EAGAN, Chief Judge. Now before the Court is the Brief of Defendant Tower Group, Inc. in Support of Motion to Dismiss or Transfer Venue (Dkt. ##16, 18). Defendant Tower Group, Inc. (Tower) asks the Court to dismiss the case for lack of personal jurisdiction or improper venue or, in the alternative, to transfer this case to the United States District Court for the Southern District of New York. Dkt. # 16, at 5. Plaintiffs respond that the Court has personal...
AMENDED OPINION & ORDER 1 GREGORY K. FRIZZELL, District Judge. On July 28, 2011, Plaintiffs' Motion for a Preliminary Injunction came on for hearing. Upon review of the facts and the applicable law, the court concludes the motion must be denied, and enters the following findings and conclusions in support of its decision as required by Fed.R.Civ.P. 52(a)(2). I. FINDINGS OF FACT 1. Plaintiff Tulsa Fire Fighters Association, IAFF [International Association of Fire Fighters] Local 176,...
OPINION AND ORDER GREGORY K. FRIZZELL, District Judge. This matter is before the court on the Motion for Summary Judgment of defendant Abercrombie & Fitch Stores, Inc. ("Abercrombie") [Dkt. #50] and the Amended Motion for Partial Summary Judgment of plaintiff, the Equal Employment Opportunity Commission ("EEOC") [Dkt. # 68]. The EEOC brought this action pursuant to Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5(f)(1) & (3)) and Title I of the Civil Rights Act of 1991 (42 U.S....
OPINION AND ORDER GREGORY K. FRIZZELL, District Judge. This matter is before the court on the Motion for Partial Summary Judgment of defendant Energy Maintenance Services Group I, LLC ("EMS"). [Doc. # 50]. This is a dispute over competing composite wrap products used for the prevention and repair of leaking or corroded piping systems. Plaintiff CTI Services LLC, d/b/a Citadel Technologies ("Citadel") develops and manufactures epoxy and carbon-composite systems for interior and exterior...
OPINION AND ORDER CLAIRE V. EAGAN, Chief Judge. Now before the Court are Centerpulse Orthopedics Inc.'s Renewed Motion for Summary Judgment on Plaintiff's [sic] 2 Negligence Per Se Claim (Dkt. # 136) and Plaintiffs' Response and Objection to Sulzer's "Renewed Motion for Summary Judgment on Plaintiff's [sic] Negligence Per Se Claim" and Plaintiffs' Counter-Motion for Partial Judgment on Liability (Dkt. #139). Defendants filed Centerpulse Orthopedics Inc.'s Reply in Support of its...
OPINION AND ORDER CLAIRE V. EAGAN, Chief Judge. Now before the Court are Plaintiff's Motion for New Trial And/Or Motion to Re-Consider Order Denying Plaintiff's Motion for Summary Judgment (Dkt. # 142), Plaintiff's Motion to Impose Sanctions Against Defendant's Attorneys Pursuant to Rule 11 (Dkt. # 146), plaintiff's Motion to Re-Consider Previous Court Order Failing to Acknowledge Cause of Action for Retalaiton [sic] for the Exercise of Constitutional Rights (Dkt. # 147), Plaintiff's Amended...
OPINION AND ORDER CLAIRE V. EAGAN, Chief Judge. This matter comes on for consideration of Defendant Paragon Films, Inc.'s Motion for Summary Judgment and Brief in Support (Dkt. # 29). Defendant Paragon Films, Inc. (Paragon) seeks summary judgment as to all of plaintiff's claims. Plaintiff responds that similarly situated Caucasian employees were treated more favorably by Paragon and that this factual dispute precludes summary judgment on plaintiff's employment discrimination claims under...
OPINION AND ORDER CLAIRE V. EAGAN, Chief Judge. Now before the Court are Plaintiff's Motion of Partial Summary Judgment (Dkt. #93) and Defendants' Motion for Summary Judgment and Brief in Support (Dkt. #94). Plaintiff has also filed a Motion to Cite and Sanction Defendants for Aggravated Perjury (Dkt. ##115, 116), Plaintiff's Motion to Renew Scheduling Order Deadlines (Dkt. #125), and a Motion for Extension of Time to File Pretrial Disclosures (Dkt. #127). Defendants have also filed...
MEMORANDUM OPINION AND ORDER ON UNINDICTED CO-CONSPIRATORS BRUCE D. BLACK, Chief Judge. THIS MATTER is before the Court on Non-Party Frank Khalil's Request for the Court to Investigate Prosecutorial Misconduct . . . [Doc. 195] and the virtually identical Non-Party Shawn Hickey's Request for the Court to Investigate Prosecutorial Misconduct . . . [Doc. 198]. For the reasons stated herein, the motions are Denied but may be renewed at the completion of this case. Discussion Shawn Hickey...
OPINION AND ORDER TERENCE C. KERN, District Judge. Before the Court is Plaintiff's Motion to Remand (Doc. 11). I. Background Plaintiff filed a Petition in the District Court in and for Creek County, State of Oklahoma, alleging bad faith breach of an insurance contract. In the Petition, Plaintiff claims he is entitled to benefits under a health insurance policy (the "Plan") he received through his wife's employment at St. John Medical Center, Inc. ("SJMC"). Defendant CommunityCare HMO, Inc.,...
OPINION AND ORDER TERENCE C. KERN, District Judge. Before the Court are Defendant Unified Life Insurance Company's ("Unified") Motion to Dismiss (Doc. 11) ("Motion to Dismiss") and Plaintiff's Opposed Motion for Leave to File an Amended Complaint (Doc. 62) ("Motion for Leave"). I. Background The following facts are alleged in Plaintiff's Class Action Complaint ("Complaint"). 1 Plaintiff is the daughter of Ethel Levina Kirk ("Kirk"), who resided in Broken Arrow Nursing Home before she died...
OPINION AND ORDER CLAIRE V. EAGAN, Chief Judge. Now before the Court is Defendants Innovative Resource Group, LLC, Thomas Coniglione, and Richard Sorrells Motion to Dismiss and Brief in Support (Dkt. # 17). Defendants Innovative Resource Group, LLC (APS), Thomas Coniglione, and Daniel Sorrells 1 (collectively, APS Defendants) seek to dismiss plaintiff Henry T. Wittenberg, D.O.'s claims against them for violations of 42 U.S.C. 1983 and tortious interference with contract. I. Dr....
