ORDER TIMOTHY D. DeGIUSTI , District Judge . Defendant Watermark Villas at Quail North, LLC, ("Defendant Watermark") and Defendant Lincoln Property Company ("Defendant Lincoln Property") bring before the Court their respective Motions for Summary Judgment [Doc. Nos. 56, 58]. Plaintiff Brenda Cudjoe has responded in opposition to both [Doc. Nos. 69, 70, respectively]. Defendant Lincoln Property has replied [Doc. Nos. 73], and Defendant Watermark's time to do so has elapsed. All matters are...
MEMORANDUM OPINION AND ORDER PATRICK R. WYRICK , District Judge . Plaintiff, Massoud Saghian, filed a Motion for Summary Judgment (Dkt. 112) on November 29, 2018, pursuant to Rule 56(a) of the Federal Rules of Civil Procedure. Defendants Avraham Shemuelian, E&E Capital, Inc., and Stryker Building, L.L.C. jointly filed a Response (Dkt. 117) on December 20, 2018. Plaintiff's Reply (Dkt. 118) was filed December 27, 2018. Upon review of the parties' filings, the Court GRANTS Plaintiff's...
ORDER STEPHEN P. FRIOT , District Judge . On July 8, 2016, defendant, Marcus Dewayne Oakes, filed an application seeking leave from the Tenth Circuit to file a second or successive motion pursuant to 28 U.S.C. 2255, challenging his conviction and sentence under 18 U.S.C. 924(c). Defendant's application was based on Johnson v. United States, 135 S.Ct. 2551 (2015), in which the Supreme Court held the residual clause of the Armed Career Criminal Act, 18 U.S.C. 924(e), is...
ORDER JOE HEATON , District Judge . In this action, plaintiff seeks judicial review of the final decision of defendant Commissioner of Social Security Administration ("Commissioner") that plaintiff was not disabled under the Social Security Act. On February 19, 2020, United States Magistrate Judge Suzanne Mitchell issued a Report and Recommendation recommending that the Commissioner's decision be affirmed. The parties were advised of their right to object to the Report and Recommendation...
REPORT AND RECOMMENDATION SUZANNE MITCHELL , Magistrate Judge . Stacie Elaise Johnson (Plaintiff) brings this action for judicial review of the Commissioner of Social Security's final decision that she was not "disabled" under the Social Security Act. See 42 U.S.C. 405(g), 423(d)(1)(A). United States District Judge Joe Heaton has referred the matter to the undersigned Magistrate Judge for proceedings consistent with 28 U.S.C. 636(b)(1)(B), 636(b)(3). Doc. 17. Plaintiff asserts...
ORDER CHARLES B. GOODWIN , District Judge . Plaintiff Shawn Cody Mariscal filed this action on April 17, 2019 against Defendants Dean Chapman, Dana Chapman, and "Does 1 through 10" (the "Doe Defendants"). Compl. (Doc. No. 1), at 1. As of the Scheduling Conference held August 7, 2019, Plaintiff had not identified or served the Doe Defendants. Accordingly, the Scheduling Order directed that Plaintiff's claims against the Doe Defendants would be "subject to dismissal" if the Doe Defendants...
ORDER TIMOTHY D. DeGIUSTI , Chief District Judge . Before the Court is a Motion to Quash and Motion for a Protective Order [Doc. No. 1], filed by The Charles Machine Works, Inc ("CMW" or "Ditch Witch"), a nonparty. Plaintiff Vermeer Manufacturing Company has filed a Memorandum in Opposition [Doc. No. 11], along with a Cross-Motion to Compel [Doc. No. 10]. CMW has filed a Response in Opposition [Doc. No. 16], to which Plaintiff has replied [Doc. No. 17]. The motions are fully briefed and at...
ORDER TIMOTHY D. DeGIUSTI , Chief District Judge . Defendants 1 BMR II, LLC, and Andrew M. Ashby ("Defendants") bring before the Court a Motion to Strike First Amended Expert Report of Jon Stromberg [Doc. No. 81]. This Motion remains unopposed. Defendants had earlier filed a Motion seeking the exclusion of Jon Stromberg's Initial Report [Doc. No. 74]. Plaintiff Oklahoma Land Holdings, LLC, ("OLH"), filed a Response [Doc. No. 103] in opposition, to which Defendants have replied [Doc. No....
ORDER ROBIN J. CAUTHRON , District Judge . Defendant pleaded guilty to possession with intent to distribute a controlled substance and was sentenced to 40 months followed by three years of supervised release. Defendant commenced his term of supervised release on April 8, 2018, and on February 19, 2020, Defendant submitted a letter requesting early termination of his term of supervised release. On that date, the Court directed Plaintiff and the United States Probation Office to respond to...
MEMORANDUM OPINION AND ORDER SUZANNE MITCHELL , Magistrate Judge . Debra Craig (Plaintiff) brings this action for judicial review of the Commissioner of Social Security's final decision that she was not "disabled" under the Social Security Act. See 42 U.S.C. 405(g), 1382c(a)(3)(A). The parties have consented to the undersigned for proceedings consistent with 28 U.S.C. 636(b)(1)(B) and (C). Docs. 12, 16. Plaintiff maintains the ALJ erred by not including handling and fingering...
ORDER STEPHEN P. FRIOT , District Judge . The court is in receipt of the Motion to Dismiss (doc. no. 7), filed March 10, 2020, on behalf of plaintiff, Easter Services, L.L.C. The record indicates that no answer or motion for summary judgment has been filed by defendant, Travelers Casualty and Surety Company of America. Accordingly, the court construes the Motion to Dismiss as a Notice of Dismissal pursuant to Rule 41(1)(A), Fed. R. Civ. P., and the above-entitled action is deemed...
MEMORANDUM OPINION AND ORDER SUZANNE MITCHELL , Magistrate Judge . Lynlee Michele Rowden (Plaintiff) brings this action for judicial review of the Commissioner of Social Security's final decision that she was not "disabled" under the Social Security Act. See 42 U.S.C. 405(g), 423(d)(1)(A). The parties have consented to the undersigned for proceedings consistent with 28 U.S.C. 636(b)(1)(B) and (C). See Docs. 11, 16. Plaintiff asks this Court to reverse the Commissioner's decision...
ORDER CHARLES B. GOODWIN , District Judge . Now before the Court is Plaintiff's Motion in Limine (Doc. No. 56). Defendants have filed a Response to the Motion (Doc. No. 64), 1 and Plaintiff has filed a Reply (Doc. No. 68). As detailed below, Plaintiff's Motion will be denied as premature. BACKGROUND This lawsuit stems from the death of Plaintiff's son, Maurice Pendleton, who was beaten to death by fellow inmates while in pretrial custody at the Oklahoma County Detention Center (the "...
ORDER TIMOTHY D. DeGIUSTI , Chief District Judge . Before the Court is Defendant's Notice [Doc. No. 15] informing the Court of its efforts to conduct discovery and its inability to serve Plaintiff with written discovery requests. Defendant reports that its efforts began soon after the scheduling conference on January 8, 2020, where its counsel met with Plaintiff, who appears pro se, and discussed a proposed discovery plan. Defendant states that it has twice sent discovery requests to...
ORDER STEPHEN P. FRIOT , District Judge . This action is brought by the Equal Employment Opportunity Commission (EEOC) to redress alleged violations of Title VII of the Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. 2000e et seq. The gist of the complaint is that defendants allegedly refused to hire Mina Davari as a car salesman because she is a woman. The complaint names five defendants, all of which are alleged to constitute a single employer for purposes of this action....
ORDER CHARLES B. GOODWIN , District Judge . Now before the Court is Defendant's Motion to Withdraw Guilty Plea (Doc. No. 31), to which the United States has responded (Doc. No. 33). On February 12, 2020, and— after appointment of substitute counsel—on February 26, 2020, the Court held an evidentiary hearing on the Motion. Upon consideration of the evidence and the parties' arguments, the Court denies the Motion. I. BACKGROUND By Indictment filed April 17, 2019, Defendant was charged...
ORDER TIMOTHY D. DeGIUSTI , Chief District Judge . Before the Court is Plaintiff Deborah Kizer's Motion to Compel [Doc. No. 40]. Defendant North American Transport Services, LLC, ("NATS") has filed a Response [Doc. No. 45] in opposition, to which Plaintiff has replied [Doc. No. 47]. The motion is fully briefed and at issue. BACKGROUND This case arises out of a motor vehicle collision occurring on May 16, 2018, near Tonkawa, Oklahoma. Allegedly, Plaintiff drove a 2009 Nissan Pathfinder...
ORDER TIMOTHY D. DeGIUSTI , District Judge . Before the Court is Defendant's Motion for Partial Summary Judgment [Doc. No. 40], filed pursuant to FED. R. CIV. P. 56. Plaintiff responded in opposition [Doc. No. 62], and Defendant replied [Doc. No. 69]. The matter is fully briefed and at issue. Defendant moves for summary judgment on Plaintiff's negligent hiring, training, supervision, and entrustment claims. Defendant also seeks entry of judgment as a matter of law on Plaintiff's...
ORDER OF DISMISSAL TOMOTHY D. DeGIUSTI , District Judge . By Order of February 21, 2020, the Court granted motions to dismiss filed by Defendants United HealthCare Services, Inc. and Blue Cross and Blue Shield of Texas, and dismissed Plaintiff's action against them without prejudice to filing a motion to amend his complaint within 14 days. Plaintiff has not filed a timely motion. Therefore, the Court finds that the action against these defendants should be dismissed with prejudice. By...
ORDER PATRICK R. WYRICK , District Judge . Defendant filed a motion to suppress arguing that certain evidence was obtained and statements were made in violation of Defendant's constitutional rights (Dkt. 22). The Court held an evidentiary hearing on the motion on March 6, 2020. After consideration of all the evidence submitted at the hearing, and the parties' briefs, the motion is denied. Physical Evidence The government has established by a preponderance of the evidence that the smell...
