OPINION AND ORDER JOHN E. DOWDELL , District Judge . I. Background Plaintiff initiated this litigation in state court, and the action was subsequently removed based upon federal question jurisdiction, because the plaintiff included a claim under 42 U.S.C. 1983 in his Petition. Plaintiff alleges that he suffered significant injury to his hand while he was in the David L. Moss Correctional Center, which is also known as the Tulsa County Jail (hereafter Jail). Plaintiff asserts that he...
OPINION AND ORDER TERENCE C. KERN , District Judge . Before the Court are: (1) Defendant Bill Wilkinson's Motion to Dismiss Under Rules 12(b)(2) and 12(b)(5) (Doc. 8); and (2) Defendant Judge Morrissey's Motion to Dismiss Plaintiff's Complaint (Doc. 10). The defendants move to dismiss Plaintiff's Complaint pursuant to Federal Rules of Civil Procedure 12(b)(1), 12(b)(2), 12(b)(5), and 12(b)(6) for lack of subject matter jurisdiction, lack of personal jurisdiction, insufficient service of...
OPINION AND ORDER GREGORY K. FRIZZELL , CHIEF JUDGE , UNITED STATES DISTRICT COURT. In the early twentieth century, large quantities of oil and gas were discovered on lands belonging to the Osage Nation. Shortly thereafter, Congress enacted the Osage Allotment Act of 1906, see Act of June 28, 1906, Pub. L. No. 59-321, 34 Stat. 539 ("Osage Allotment Act" or "1906 Act"), which severed the mineral estate underlying Osage lands from the surface estate, placed the mineral estate in trust,...
OPINION AND ORDER JAMES H. PAYNE , District Judge . Before the Court is defendant's motion to reconsider (Dkt. # 348), and motion for a downward variance (Dkt. # 349). Defendant moves this Court to reconsider its order granting defendant's motion for reduction of sentence pursuant to 18 U.S.C. 3582(c)(2) and Amendment 782. Defendant asks the Court to consider the authority vested in United States v. Booker, 543 U.S. 220 (2005) and sentencing factors set out in 18 U.S.C. 3553(a),...
OPINION AND ORDER T. LANE WILSON , Magistrate Judge . Before the Court is defendants' Motion for Leave to Have the Forensic Expert Report of Curtis Rose Considered as Affirmative Evidence and to Serve a Supplemental Report. (Dkt. 140). Defendants timely served Rose's expert rebuttal report on October 19, 2015 — the deadline for serving such reports — but now seek to offer his opinions as affirmative evidence, despite missing the October 5, 2015 deadline for doing so. (Dkts. 97, 140)....
OPINION AND ORDER JAMES H PAYNE , District Judge . This is a civil action commenced by Plaintiff, an inmate in custody of the State of Idaho and appearing pro se. On July 14, 2014, Plaintiff filed his amended complaint (Dkt. # 8). Plaintiff is a member of the Osage Nation, see Dkt. # 1 at 75, and claims he is entitled to receive his share of headright interests of deceased relatives. Before the Court are Defendants' motions to dismiss (Dkt. ## 33, 42). For the reasons discussed below,...
OPINION AND ORDER JOHN E. DOWDELL , District Judge . Before the Court is the Plaintiff's Motion to Reconsider Pursuant to F.R.C.P. 54(b) (Doc. 150). The plaintiff asks the Court to reconsider its October 30, 2015 Opinion and Order (the "Summary Judgment Order" or "Order") (Doc. 148), which granted partial summary judgment to defendant DISH Network, LLC. 1 The Order did not adjudicate all claims and was not a final order or judgment within the meaning of the federal rules. Therefore,...
OPINION AND ORDER JOHN E. DOWDELL , District Judge . The jury was asked to answer a single question: "During the period of October 22, 2009 through October 21, 2010, was Defendants El Tequila, LLC and Carlos Aguirre's failure to comply with the requirements of the Fair Labor Standards Act `willful '" (Doc. 296). The Court instructed the jury that the defendants' violations of the Fair Labor Standards Act (the "FLSA" or the "Act") were willful if the defendants either knew that their...
OPINION AND ORDER JOHN E. DOWDELL , District Judge . This is a 42 U.S.C. 1983 civil rights action commenced by Plaintiff, John Edgar Williams, III, a prisoner appearing pro se and proceeding in forma pauperis, see Doc. 3. By Order filed February 9, 2015 (Doc. 6), the Court dismissed Defendant Tulsa County Sheriff's Office. On May 29, 2015, Defendant Miller filed a motion to dismiss for failure to state a claim (Doc. 12). Defendant also filed a Special Report (Doc. 13), as directed...
OPINION AND ORDER JOHN E. DOWDELL , District Judge . I. Background On or about April 28, 2013, two girls, ages 8 (LM) and 12 (KG), rode their bicycles to the home of plaintiff, Danny Dewayne Hopper, who was 53 years old at that time. 1 Subsequently, on May 15, 2013, the City of Cleveland Police Department received a report that Hopper had sexually assaulted LM and KG during their April visit to Hopper's house. The day of the report, defendant Todd Fenton, a police officer for the City...
OPINION AND ORDER CLAIRE V. EAGAN , District Judge . Now before the Court is Defendant Stanley Glanz's Motion to Dismiss and Brief in Support (Dkt. # 9). Defendant asks the Court to dismiss plaintiff's 42 U.S.C. 1983 claim against him because plaintiff has failed to state a claim upon which relief can be granted, arguing that plaintiff's complaint fails to identify the constitutional provision defendant allegedly violated and fails to provide a sufficient factual basis. Id. at 3....
OPINION AND ORDER GREGORY K. FRIZZELL , Chief District Judge . This is a 42 U.S.C. 1983 civil rights action. Plaintiff is a prisoner and appears pro se. In his amended complaint (Dkt. # 4), Plaintiff alleges that he was subjected to excessive force while being booked-in at the Tulsa County Jail (TCJ), that Defendant DuBoise fabricated the result of an investigation, that he has been harassed while at TCJ, and that he has been housed under conditions subjecting him to "imminent danger."...
OPINION AND ORDER GREGORY K FRIZZELL , Chief District Judge . This is a 28 U.S.C. 2241 habeas corpus action. See Dkt. # 3. On February 3, 2015, Petitioner Earl Stanley Tennial, a state prisoner appearing pro se, filed an amended petition for writ of habeas corpus (Dkt. # 4). Respondent filed a motion to dismiss for failure to exhaust state court remedies (Dkt. # 8). Petitioner filed a response (Dkt. # 10). Respondent filed a reply (Dkt. # 12) and Petitioner filed a surreply (Dkt. # 14)...
OPINION AND ORDER T LANE WILSON , Magistrate Judge . Before the Court is defendants' Motion for Protective Order. (Dkt. 111). Defendants' motion asks the Court to quash a deposition notice, which defendants state seeks the depositions of Thomas Unger, Chief Executive Officer of defendant Constantia Flexibles GmbH, and the depositions of corporate representatives of Constantia and defendant One Equity Partners. Defendants state that the notice sets the location of the depositions in New...
OPINION AND ORDER FRANK H. McCARTHY , District Judge . The Motion for Relief Pursuant to Fed. R. Civ. P. 60(b)(6) filed by Plaintiff's counsel, [Dkt. 43], is before the court for decision. The Commissioner failed to file a response within the allotted time. In McGraw v. Barnhart, 450 F.3d 493 , 496 (10th Cir. 2006), the Court ruled that attorney fees are awardable under 42 U.S.C. 406(b)(1) when the Social Security Administration awards disability benefits to a claimant following a...
OPINION AND ORDER CLAIRE V. EAGAN , District Judge . Now before the Court is Defendant Ariel Dunn's Motion for Bill of Particulars (Dkt. # 330). Defendant requests a bill of particulars more specifically identifying the acts that she allegedly committed in furtherance of the conspiracy charged in count four of the second superseding indictment. Dkt. # 330, at 7. She claims that the second superseding indictment does not provide enough specificity as to her role in the alleged money...
OPINION AND ORDER JAMES H. PAYNE , District Judge . This is a 28 U.S.C. 2254 habeas corpus action. Petitioner, a state inmate appearing pro se, challenges one of his convictions entered in Nowata County District Court, Case No. CF-1986-4. See Dkt. # 1. Before the Court is Respondent's "motion to dismiss petition as the Petitioner is not in custody for the conviction he is challenging and/or the petition is time barred" (Dkt. # 7). Petitioner filed a response (Dkt. # 9) to the motion...
OPINION AND ORDER CLAIRE V. EAGAN , District Judge . Now before the Court is plaintiff's Application to File Amended Complaint and Brief in Support (Dkt. # 48). Plaintiff Regina S. Caves requests leave to file an amended complaint alleging additional defects with the aircraft that is the subject of this case, because she claims that she has learned new information in the discovery process giving rise to new theories of product defect. Dkt. # 48, at 5. Defendants respond that plaintiff's...
OPINION AND ORDER GREGORY K. FRIZZELL , Chief District Judge . Before the court is the Motion of defendant Board of County Commissioners of Tulsa County ("Board") to Dismiss Complaint and/or to Drop Party. [Dkt. #13, 14]. This case arises from a traffic stop that took place in Tulsa County, Oklahoma, on June 18, 2013, during which, according to the complaint, plaintiff John Allen Brashear was forcibly removed from his vehicle, tased, and arrested. In March 2015, Brashear brought this...
OPINION AND ORDER JOHN E. DOWDELL , District Judge . I. Background This suit involves an insurance dispute relating to extensive fire damage to the old Barnard Elementary School building in Tulsa, Oklahoma. The Tulsa School of Arts and Sciences (TSAS) leased the building from Independent School District #1 of Tulsa County (School District). The Barnard building was covered by insurance policies provided by both the plaintiff, Philadelphia Indemnity Insurance Company (Philadelphia), and...
