ORDER LEE R. WEST, District Judge. This matter comes before the Court on the Motion to Dismiss or Transfer filed by defendant Southwestern Bell Telephone Company ("SWB") 1 and AT & T Operations, Inc. ("AT & T Ops"), 2 pursuant to Rule 12(b)(3), F.R.Civ.P., and title 28, section 1404(a) of the United States Code. Plaintiff Gayen Hancock has responded in opposition. 3 Based upon the record, including the defendants' reply and Hancock's sur-reply, the Court makes its determination. In...
ORDER LEE R. WEST, District Judge. This matter comes before the Court on the Motion to Dismiss or Alternatively to Compel Arbitration and Dismiss or Transfer filed by defendant BellSouth Telecommunications, Inc. ("BellSouth"). Plaintiff James Bollinger has responded in opposition. 1 Based upon the record, including BellSouth's reply and Bollinger's sur-reply, the Court makes its determination. In addition to the movant, Bollinger and his three co-plaintiffs, Gayen Hancock, David Cross...
ORDER TIM LEONARD, District Judge. Plaintiff, Dr. Jan K. Voda, is the holder of United States Patent No. 6,083,213 ("the '213 patent"), which was issued by the United States Patent and Trademark Office on July 4, 2000. Exhibit 1 to Complaint (Doc. No. 1-2). The '213 patent contains method claims; that is, it relates to plaintiff's inventive technique for using a guiding catheter to perform angioplasty of the left coronary artery. Method claims are in contrast to apparatus claims, which...
ORDER TIMOTHY D. DeGIUSTI, District Judge. Before the Court is Plaintiffs' Motion to Remand [Doc. No. 54]. Defendants have timely responded to the motion, and Plaintiffs filed a reply. Background: In this action, Plaintiffs assert claims based on alleged violations of the Securities Act of 1933 (the "1933 Act"), 15 U.S.C. 77k, 77 l, and 77o. Plaintiffs seek to represent a putative class consisting of all purchasers of GMX Resources, Inc. ("GMX") common stock pursuant or traceable to...
MEMORANDUM OPINION ROBIN J. CAUTHRON, District Judge. Petitioner, a state court prisoner currently incarcerated pending the execution of a judgment and sentence of death, has filed a Petition for a Writ of Habeas Corpus (hereinafter "Petition"). (Dkt. No. 24.) Petitioner, appearing with counsel, challenges the judgment and sentence entered against him in Oklahoma County District Court Case No. CF-97-5249. Respondent has responded to the Petition and Petitioner has replied to this response....
ORDER JEO HEATON, District Judge. Plaintiff Randell Dale Pratt filed this professional negligence action against the GEO Group, Inc. ("GEO"). He claims he was injured due to inadequate medical care he received while incarcerated at the Lawton Correctional Facility ("LCF"), a private prison operated by GEO. Defendant has moved for summary judgment, contending that plaintiff failed to exhaust his administrative remedies and failed to file this action within the applicable limitations period....
ORDER STEPHEN P. FRIOT, District Judge. Before the Court is the renewed motion for partial summary judgment (doc. no. 266) of Defendant Wyeth Pharmaceuticals ("Wyeth"). The renewed motion was filed following the Tenth Circuit's decision vacating the court's January 17, 2008 Order 1 granting Wyeth's motion for partial summary judgment based on the conclusion that plaintiff's common law failure-to-warn claims are preempted by the United States Food and Drug Administration ("FDA")...
ORDER JOE HEATON, District Judge. In the case, plaintiff American Economy Insurance Company ("American Economy") seeks a declaratory judgment establishing the maximum coverage available to its insured, defendant Boiling Springs Golf Course, Inc. ("Boiling Springs"), in connection with claims being asserted against Boiling Springs in a state court suit now pending in the District Court of Woodward County, Oklahoma. The plaintiffs in the state case, who are among the defendants here, are...
ORDER DAVID L. RUSSELL, District Judge. Before the Court are Defendants' motion to dismiss Plaintiffs' Amended Complaint [Doc. No 12]; Plaintiffs' motion to amend complaint [Doc. No. 19] and Plaintiffs' proposed Second Amended Complaint [Doc. No. 19-1]; Plaintiffs' Response to Defendants' motion to dismiss [Doc. No. 16]; and Defendants' reply in support of their motion to dismiss [Doc. No. 21]. In their reply brief, Defendants state that they have no objection to Plaintiffs' proposed...
ORDER JOE HEATON, District Judge. Plaintiff Blessing N. Igwe filed this action against her former employer, Saint Anthony's Hospital ("SAH"), asserting claims under Title VII, 1981 and state law. She alleges SAH discriminated against her on the basis of race and national origin and also retaliated against her in violation of federal law and Oklahoma public policy. She also asserts state claims for workers' compensation retaliation and tortious interference with business relations....
ORDER TIMOTHY D. DeGIUSTI, District Judge. Before the Court is the Motion for Partial Summary Judgment [Doc. No. 190] of Plaintiff Bays Exploration, Inc. ("Bays") 1 . Defendant PenSa, Inc. ("PenSa") timely responded, and Bays filed a reply. Background: Bays brought this action to recover amounts allegedly due and owing by PenSa arising from the drilling and operation of several jointly owned oil and gas wells located in Oklahoma. Bays is the operator of certain jointly owned wells, and...
MEMORANDUM OPINION AND ORDER ROBIN J. CAUTHRON, District Judge. Plaintiff Thuc Tran ("Tran") brought suit against Defendant Sonic Industries Services, Inc. ("Sonic"), claiming race, national origin, and gender discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., and 42 U.S.C. 1981, seeking compensatory and punitive damages. Defendant filed the present Motion for Summary Judgment arguing that Plaintiff's claims fail as a matter of law. I. BACKGROUND...
ORDER VICKI MILES-LaGRANGE, Chief Judge. In this action, plaintiff Steven Lucas has alleged that defendant Liberty Life Assurance Company of Boston violated the Employee Retirement Income Security Act of 1974, 29 U.S.C. 1001 et seq., because it wrongfully denied him long term disability ("LTD") benefits offered by his previous employer, The Coca Cola Company, and administered by defendant. This matter now comes before the Court on the parties' briefs and authorities submitted in support of...
ORDER STEPHEN P. FRIOT, District Judge. On October 29, 2010, United States Magistrate Judge Bana Roberts issued a Report and Recommendation, wherein she recommended that (1) summary judgment be granted in favor of defendant, Sheriff Noel Bagwell, in his official capacity; (2) summary judgment be granted in favor of defendant, Payne County Deputy Sheriff Mark Hall, in his official and individual capacities; (3) summary judgment be granted in favor of defendant, Payne County Jail Administrator...
ORDER LEE R. WEST, District Judge. On April 29, 2010, the plaintiffs filed their complaint alleging a number of federal and state-law claims including wrongful death, crimes against humanity, and torture. Pursuant to Rule 4(m) of the Federal Rules of Civil Procedure, they had 120 days from that date in which to serve all defendants with a summons and a copy of the complaint. When that time ran without any return of service being filed, and without any other action being taken, the Court...
ORDER DAVID L. RUSSELL, District Judge. Before the Court are cross motions for summary judgment. Defendants Occidental Life Insurance Company of North Carolina ("Occidental") and Philadelphia American Life Insurance Company ("Philadelphia American") have filed a motion for partial summary judgment as to Plaintiffs' individual claims 1 related to "actual charges." Doc. No. 40. Plaintiff Donald Stangl individually has filed a cross motion for partial summary judgment on the specific claims...
ORDER STEPHEN P. FRIOT, District Judge. Before the court are Defendant Liberty Life Assurance Company of Boston's Motion to Dismiss Plaintiffs' First Amended Class Action Complaint (doc. no. 54), Defendants Bassett Law Firm LLC, Greta Bassett, and John R. Nelson's Motion to Dismiss Plaintiffs' First Amended Complaint (doc. no. 56) and Defendant Integrated Benefits, Inc.'s Motion to Dismiss Plaintiffs' First Amended Class Action Complaint (doc. no. 74). Upon review of all of the parties'...
ORDER LEE R. WEST, District Judge. Plaintiff Andrew Bundy commenced this action in the District Court for Oklahoma County, Oklahoma, on April 20, 2010, against defendant Progressive Direct Insurance Company ("Progressive"). He sought "damages in . . . excess of $10,000 but less than $75,000 plus interest, attorney fees, [and] costs," Plaintiffs Exhibit 2, at 2, against Progressive for breach of an insurance policy issued by Progressive that provided for uninsured/underinsured motorist...
