ORDER TIM LEONARD, District Judge. This action arises out of an automobile accident that occurred on November 15, 2006. Plaintiff Serena Lopez was driving a vehicle owned by George Lopez when she was struck by a car driven by defendant Ofilia Ponkilla. In their complaint, plaintiffs alleged that Ms. Ponkilla is a member and employee of the Kickapoo Nation of Oklahoma and was acting within the scope of her employment when the accident occurred. In addition to the Kickapoo Nation and Ms....
ORDER VICKI MILES-LaGRANGE, Chief Judge. This order addresses issues that go to the very foundation of our country, our Constitution, and particularly, the Bill of Rights. Throughout the course of our country's history, the will of the "majority" has on occasion conflicted with the constitutional rights of individuals, an occurrence which our founders foresaw and provided for through the Bill of Rights. As the United States Supreme Court has stated: The very purpose of a Bill of Rights was...
ORDER JOE HEATON, District Judge. Plaintiff Peoples Electric Cooperative ("PEC") sued defendant Western Farmers Electric Cooperative ("WFEC"), alleging a number of claims. Presently before the court is WFEC's motion to dismiss PEC's claim for breach of fiduciary duty. [Doc. #43]. For reasons stated below, the court concludes the motion should be granted. BACKGROUND The amended complaint alleges WFEC is a rural electrical generation and transmission ("G & T") cooperative made up of 19...
ORDER TIMOTHY D. DeGIUSTI, District Judge. Before the Court is Plaintiff Veronica Muhammad's Motion to Remand to State Court [Doc. No. 11]. 1 Defendant Comanche Nation Casino, which is a business enterprise of the Comanche Nation, has responded in opposition to the Motion and filed a supplemental brief, to which Plaintiff has replied. Also, Defendant recently filed a Notice of Supplemental Authority regarding a judgment favorable to its position obtained by the Choctaw Nation of Oklahoma...
MEMORANDUM OPINION AND ORDER ROBIN J. CAUTHRON, District Judge. Defendant Oklahoma Department of Human Services ("DHS") denied Plaintiff Mrs. Morris Medicaid benefits after it determined that her financial resources exceed the eligibility requirement. Plaintiffs Mr. and Mrs. Morris filed the present suit under 42 U.S.C. 1983 seeking declaratory and injunctive relief that DHS's denial of benefits was wrongful and is preempted by federal law. Plaintiffs and Defendants then each filed the...
ORDER TIMOTHY D. DeGIUSTI, District Judge. Before the Court is the Motion to Dismiss [Doc. No. 26]filed by Defendant Teledyne Continental Motors, Inc. ("TCM"). TCM seeks dismissal pursuant to Fed. R.Civ.P. 12(b)(2), arguing that it lacks sufficient contacts with the forum to permit the Court to exercise personal jurisdiction. Plaintiff responded to the Motion, TCM filed a reply, and Plaintiff filed a Court-authorized surreply. I. Background: Plaintiffs allege that Defendants are liable...
ORDER DAVID L. RUSSELL, District Judge. This matter comes before the Court on the Motion for Summary Judgment, filed by Defendants (Document No. 15) and the Motion for Summary Judgment filed by Plaintiff (Document No. 16). Plaintiff responded to Defendants' motion, and Defendants responded to Plaintiffs motion. Having considered the parties' submissions, the Court finds as follows. Plaintiff was employed as a "career teacher" with the Independent School District No. 1-300 of Woodward County...
MEMORANDUM OPINION AND ORDER ROBIN J. CAUTHRON, District Judge. Plaintiff filed the present action asserting that Defendant, a collections agency, violated the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692 et seq., when Plaintiff received a dun letter, or debt notice letter, that Plaintiff asserts "obscured, obfuscated, and overshadowed" statutory disclosures within the form itself. (Pl.'s Compl., Dkt. No. 1, 13.) The notice in question contained, in bold type and set off...
ORDER STEPHEN P. FRIOT, District Judge. This order addresses defendants' motion to dismiss for lack of subject matter jurisdiction under Rule 12(b)(1), Fed.R.Civ.P. (Doc. no. 23.) Plaintiff is K-Mar Industries, Inc. Defendants are the United States Department of Defense and the United States Department of the Army. The complaint alleges that plaintiff provides Training Support Center services and operates a Multimedia/Visual Information Service Center at Fort Still, Oklahoma. The...
ORDER STEPHEN P. FRIOT, District Judge. Before the court are Plaintiffs' Motion to Amend Class Definition (doc. no. 911) and Defendants' Motion to Amend the Class Definition (doc. no. 916). Upon due consideration of the parties' submissions, the court makes its determination. Background The court previously certified, pursuant to Rule 23, Fed.R.Civ.P., the following class: All individual consumers who renewed or purchased auto or homeowners insurance from Farmers Insurance Company, Inc.,...
ORDER STEPHEN P. FRIOT, District Judge. Before the court are Defendants' Motion for Summary Judgment (doc. no. 945) and Plaintiffs' Cross Motion for Partial Summary Judgment on Certain Affirmative Defenses (doc. no. 952). The issues have been fully briefed, and the matter is ripe for determination. Upon due consideration, the court concludes that oral argument in regard to the motions is not required. Background Plaintiffs, Harry Corl, Cynthia L. Hodnett, Nyle Cearlock, Arlene Hancock,...
ORDER LEE R. WEST, District Judge. This matter comes before the Court on the Motion for Summary Judgment, as amended, filed pursuant to Rule 56, F.R.Civ.P., by plaintiffs Choctaw Nation of Oklahoma and Chickasaw Nation (collectively "Nations"). Defendant State of Oklahoma ("State") has responded. Summary judgment as requested by the Nations "should be rendered if ... [the record] show[s] that there is no genuine issue as to any material fact and that the movant[s] ... [are] entitled to...
