OPINION AND ORDER GREGORY K. FRIZZELL, Chief Judge. This matter comes before the court on defendant Advanced Bionics's motion for summary judgment and memorandum of law in support. (Doc. #40). I. Background Advanced Bionics manufactures cochlear implants, a medical device for the deaf. The model at issue is the HiRes90K. The HiRes90K is designed to provide useful hearing to people with severe hearing loss via electrical stimulation. The external components include a sound processor, a...
OPINION AND ORDER TERENCE C. KERN, District Judge. Before the Court is Defendant Jenks Public School District Board of Education's Motion to Dismiss (Doc. 12). I. Factual Background On June 15, 2012, Plaintiff Andee Primeaux filed a Petition in Tulsa County District Court against (1) Independent School District No. 5 of Tulsa County, Oklahoma, a/k/a Jenks Public School District ("Jenks School District"); (2) Jenks Public School District Board of Education ("Jenks School Board"); and (3)...
OPINION AND ORDER GREGORY K. FRIZZELL, Chief Judge. Before the court is the Rule 12(b)(2) Motion to Dismiss Complaint for Lack of Personal Jurisdiction [Dkt. #8] filed by defendants Turn-Key Specialists, Inc. ("TSI"), and James T. Lewellen ("Lewellen"). Defendants assert the court lacks general or specific personal jurisdiction over them. I. Facts A. Allegations of the Complaint Plaintiff Matthew Kendall ("Kendall"), a resident of Oklahoma, sued TSI, a Texas corporation, and Lewellen, a...
OPINION AND ORDER CLAIRE V. EAGAN, District Judge. Now before the Court are the following motions: plaintiff's Motion for Judgment on the Pleadings (Dkt. #37); Plaintiff's Motion for Summary Judgment and Brief in Support (Dkt. #39); and Defendants' Cross Motion for Summary Judgment and Brief in Support (Dkt. #46). Plaintiff Pennsylvania Manufacturers' Association Insurance Company (PMA) seeks summary judgment on its claim for declaratory relief that it has no duty to defend or indemnify...
OPINION AND ORDER GREGORY K. FRIZZELL, Chief Judge. Before the court are the Motion to Remand [Dkt. # 16] filed by plaintiff Vester Von Downum ("Von Downum"); the Motion to Dismiss [Dkt. # 1] filed by defendant Tulsa Spine & Specialty Hospital ("Hospital"); and the Motion to Dismiss [Dkt. # 12] filed by Synthes USA Sales, LLC ("Synthes USA"). Von Downum underwent a lumbar interbody fusion with the placement of medical devices in July 2008. The surgery was performed at the Hospital by...
OPINION AND ORDER GREGORY K. FRIZZELL, Chief Judge. Before the court is Magistrate Judge T. Lane Wilson's Report and Recommendation [Dkt. #536] on the Motion for Attorney Fees [Dkt. #458] filed by defendants St. John Medical Center, William Howard Allred, M.D. and William Burnett, M.D. (collectively, "St. John"). Magistrate Judge Wilson concluded the claims of plaintiffs George S. Cohlmia, Jr., M.D. and Cardiovascular Surgical Specialists Corp. (collectively, "Cohlmia") were "unreasonable...
OPINION AND ORDER GREGORY K. FRIZZELL, Chief Judge. This matter comes before the court upon plaintiff class's Motion for Judgment on Liability [Dkt. #111] and defendant's Motion for Summary Judgment on Liability [Dkt. #113]. Both motions address whether defendants Williams Companies Inc. and Williams Pension Plan ("Williams") are liable to plaintiff class ("Class") under ERISA, 29 U.S.C. 1002 et seq., for providing cost of living adjustments ("COLAs") to annuitants but not for those who...
FINDINGS OF FACT AND CONCLUSIONS OF LAW GREGORY K. FRIZZELL, Chief Judge. This court has conducted a nonjury trial on the Ninth Claim for Relief in the Third Amended Complaint of plaintiff Skycam, LLC, a Delaware limited liability company 1 ("Skycam") against defendants Patrick J. Bennett ("Bennett") and Actioncam, LLC ("Actioncam"). Skycam asserted a claim of ownership of the patent application, U.S.2009/0207250 A1 (the "Patent Application") [PX 22] and the claimed inventions if they were...
OPINION AND ORDER TERENCE C. KERN, District Judge. Before the Court are Plaintiff's Motion to Remand (Doc. 12) and Defendants' Motion for Reconsideration and Motion to Dismiss (Doc. 11). I. Background On July 6, 2011, Plaintiff filed a Petition in the District Court for Tulsa County against Defendants K-MAC Enterprises, Inc. ("K-MAC") and Taco Bell of America, Inc. ("Taco Bell, Inc."). Plaintiff failed to issue a summons or file a waiver within 90 days of filing suit. On October 24,...
OPINION AND ORDER TERENCE C. KERN, District Judge. Before the Court is the Motion for Summary Judgment of Defendants Morgan Stanley Smith Barney, LLC and J. Charles Adam (Doc. 101). I. Background The following facts are derived from the summary judgment record, construed in a light most favorable to Plaintiff. A. Parties Plaintiff Schlanger Insurance Trust ("Plaintiff or Trust") is an Oklahoma trust, of which Andrea Schlanger ("Schlanger") is the sole trustee. Schlanger and her two...
OPINION AND ORDER 1 JAMES H. PAYNE, District Judge. Before the Court are Defendant International Business Machines Incorporated's (IBM's) Motion for Summary Judgment, 2 Plaintiff's Response to Defendant's Motion for Summary Judgment, 3 and Defendant's Reply in Support of Defendant's Motion for Summary Judgment. 4 For the reasons cited below, Defendant's Motion for Summary Judgment is GRANTED. 5 BACKGROUND A. Undisputed Material Facts 6 The instant case arises from the termination...
OPINION AND ORDER FRANK H. McCARTHY, Magistrate Judge. Defendant's Motion for Injunction or Stay of Execution on Restitution Orders [Dkt. 183] has been referred to the undersigned United States Magistrate Judge for decision. Defendant seeks an order staying the Government's efforts to collect the restitution Defendant was ordered to pay as part of his sentence until his appeal can be heard by the Court of Appeals. In deciding Defendant's motion the court will use the four part test applied...
OPINION AND ORDER CLAIRE V. EAGAN, District Judge. Now before the Court is third-party defendant Supreme Systems, Inc.'s (Supreme) Motion for Finding of Good Faith Settlement (Dkt. # 473). No party has filed a response to the motion and the time to do so has passed. On or about December 17, 1997, Southcrest, L.L.C. (Southcrest) entered into a contract with defendant/third-party plaintiff Bovis Lend Lease, Inc. (Bovis) for the construction of Southcrest Hospital. Dkt. # 190 at 3. The...
OPINION AND ORDER TERENCE C. KERN, District Judge. Before the Court is the "motion requesting preservation of rights" (Dkt. # 228) filed on July 19, 2012, by Defendant Andre Curtis, a federal inmate appearing pro se. In his motion, Defendant seeks collateral relief from his convictions and sentences entered April 4, 2002, or more than ten (10) years ago. For the reasons discussed below, the Court finds Defendant's motion shall be dismissed without prejudice for lack of jurisdiction....
OPINION AND ORDER GREGORY K. FRIZZELL, Chief Judge. Before the Court is Petitioner's "motion for a rehearing, on Opinion and Order entered June 8th, 2012" (Dkt. # 19). Petitioner asks the Court to reconsider its Opinion and Order (Dkt. # 16) dismissing without prejudice his 28 U.S.C. 2254 petition for writ of habeas corpus. He argues that the Court erred in dismissing his petition for lack of jurisdiction after determining that he is not "in custody" on the challenged conviction, entered...
OPINION AND ORDER TERENCE C. KERN, Judge. Before the Court is Magistrate Judge Frank McCarthy's Report and Recommendation ("Report") (Doc. 20), wherein Judge McCarthy recommends that the Court grant Defendant's Motion to Compel Arbitration and Stay Proceedings (Doc. 13). Plaintiff filed an Objection (Doc. 21), which is fully briefed. In her objection, Plaintiff argues that because Section 6.20(b) of the employment agreement mandates that fees be awarded to the prevailing party ("fee-shifting...
OPINION AND ORDER FRANK H. McCARTHY, Magistrate Judge. Plaintiff, Glender Magee, seeks judicial review of a decision of the Commissioner of the Social Security Administration denying Social Security disability benefits. 1 In accordance with 28 U.S.C. 636(c)(1) & (3), the parties have consented to proceed before a United States Magistrate Judge. Standard of Review The role of the court in reviewing the decision of the Commissioner under 42 U.S.C. 405(g) is limited to a determination...
OPINION AND ORDER TERENCE C. KERN, District Judge. Before the Court is Plaintiff's Motion to Remand (Doc. 10). I. Background On January 9, 2012, Plaintiff filed a Petition in District Court for Tulsa County against Tulsa County Sheriff Stanley Glanz ("Glanz") and the Board of County Commissioners of Tulsa County ("Board"). Plaintiff alleges that (1) Defendants discriminated against him due to his disability, in violation of the Americans with Disability Act ("ADA") ("ADA claim"); (2)...
OPINION AND ORDER GREGORY K. FRIZZELL, Chief Judge. Before the court is defendants' Motion to Reconsider the Preliminary Injunction in light of subsequent changed circumstances [Dkt. #133]. 1 In the motion, defendants ask the court to reconsider its Order concerning Kialegee Tribal Town jurisdiction over the site. [ Id. at 3]. The State of Oklahoma opposes the motion. I. Background The State of Oklahoma ("State") filed suit on February 8, 2012, seeking declaratory, preliminary, and...
OPINION AND ORDER CLAIRE V. EAGAN, District Judge. Now before the Court is Defendant Stanley Glanz's Motion to Dismiss Complaint (Dkt. # 5). Defendant Stanley Glanz asks the Court to dismiss plaintiff's claims against him for failure to state a claim upon which relief can be granted, because the complaint fails to allege sufficient facts to show that he acted with deliberate indifference to plaintiff's safety while she was in the custody of the David L. Moss Criminal Justice Center (Tulsa...
