OPINION AND ORDER TERENCE C. KERN , District Judge . Before the court is the Report and Recommendation of United States Magistrate Judge Jodi F. Jayne on the judicial review of a decision by the Commissioner of the Social Security Administration denying Social Security disability benefits and the Objections thereto filed by plaintiff, Alisha A. Scott. Docs.19, 20. The Magistrate Judge recommended the Commissioner's decision be affirmed. Plaintiff objects to the recommendation, arguing...
OPINION AND ORDER CLAIRE V. EAGAN , District Judge . This matter comes on for consideration of the United States' Motion to Reconsider Suppression of Evidence (Dkt. # 24). Plaintiff asks the Court to reconsider its opinion and order (Dkt. # 23) granting defendant's motion to suppress evidence. Plaintiff does not challenge the Court's finding that police violated defendant's Fourth Amendment rights by removing and opening a container on his person during a pat-down. Instead, plaintiff...
OPINION AND ORDER CLAIRE V. EAGAN , District Judge . Before the Court is defendants' motion to dismiss (Dkt. # 10). Defendants argue that plaintiff has failed to state a claim upon which relief may be granted under Federal Rule of Civil Procedure 12(b)(6). 1 I. Plaintiff brings this employment discrimination and retaliation case under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e, et seq. (Title VII), and 42 U.S.C. 1981 and 1983. Dkt. # 2. At the time...
OPINION AND ORDER CLAIRE V. EAGAN , District Judge . Now before the Court are Defendant's Motion for Summary Judgment and Brief in Support Thereof (Dkt. # 23) and Plaintiffs' Motion for Partial Summary Judgment on the Issue of Whether the Transfer at Issue was Fraudulent (Dkt. # 27). The parties do not dispute that defendant Douglas Richardson embezzled a substantial amount of money from his employer, Smart Prong Technologies, Inc. (Smart Prong), and there is also no dispute that...
OPINION AND ORDER FRANK H. McCARTHY , Magistrate Judge . The Motion for Relief Pursuant to Fed. R. Civ. P. 60(b)(6) filed by Plaintiff's counsel, [Dkt. 20], 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 FRANK H. McCARTHY , Magistrate Judge . The Motion for Relief Pursuant to Fed. R. Civ. P. 60(b)(6) filed by Plaintiff's counsel, [Dkt. 45], 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 , UNITED STATES DISTRICT JUDGE . This matter is before the Court on petitioner Lincoln Smith's pro se 28 U.S.C. 2241 petition for writ of habeas corpus (Dkt. # 1), filed February 12, 2019, 2 respondent's motion to dismiss the petition (Dkt. # 7), filed May 3, 2019, and petitioner's "motion to compel for failure to exhaust state remedies and reconsideration to expedite," (Dkt. # 11), filed December 13, 2019. Petitioner, a native and citizen of Jamaica,...
FINDINGS OF FACT GREGORY K. FRIZZELL , District Judge . Pursuant to Federal Rule of Criminal Procedure 23(a), the court states its specific findings of fact as follows: As to Count One of the Indictment, the court finds the government has proved the following facts beyond a reasonable doubt. First, the defendant knowingly engaged in a sexual act with C.C. from in or about August 2018 to in or about October 2019. In this case, the term "sexual act" means the intentional touching, not...
OPINION AND ORDER CLAIRE V. EAGAN , District Judge . Now before the Court is Defendant's Motion to Suppress (Dkt. # 20). Defendant argues that police lacked reasonable suspicion to believe that he was armed and dangerous, and drugs seized following a pat-down of his person should be suppressed. He also argues that police conducted a pat-down to search for general evidence of a crime, rather than a limited pat-down for the purpose of officer safety. Dkt. # 20, at 3. Plaintiff responds that...
OPINION AND ORDER TERENCE C. KERN , District Judge . Before the Court are the following Motions for Summary Judgment: • Plaintiffs' Motion for Summary Judgment against defendants Joshua Zoller, Rodney Garner and the City of Broken Arrow. Doc. 59. • Defendant Rodney Garner's Motion for Summary Judgment against plaintiffs. Doc. 60. • Defendant Joshua Zoller's Motion for Summary Judgment against plaintiffs. Doc. 61. • Defendant City of Broken Arrow, Oklahoma's Motion for Summary Judgment...
OPINION AND ORDER TERENCE C. KERN , District Judge . Before the Court is the Motion for Summary Judgment filed by Defendant Safeco Insurance Company of America ("Safeco") pursuant to Fed.R.Civ.P. 56. Doc. 69. Safeco requests the Court enter summary judgment in its favor on Plaintiff James Perry's ("Plaintiff") claim for breach of contract, breach of the duty of good faith and fair dealing, and request for punitive damages. Plaintiff has filed a response opposing the motion. Doc. 79. I....
OPINION AND ORDER TERENCE C. KERN , District Judge . Before the court is the Motion to Preclude Testimony and Expert Report of Brian Chalkin, D.O. ("Dr. Chalkin") filed by Defendant Safeco Insurance Company of America ("Safeco"). Doc. 68. Safeco requests the Court strike the expert report of Dr. Chalkin and prevent Dr. Chalkin from testifying at trial. Plaintiff has filed a response opposing the motion. Doc. 78. I. STANDARD OF REVIEW Fed.R.Civ.P. 26(a)(2) requires that an expert report...
OPINION AND ORDER TERENCE C. KERN , District Judge . Before the court is the Motion to Strike the Expert Report of Diane Luther filed by the Plaintiff, James Perry ("Perry"). Doc. 71. Perry requests the court strike the expert report of Diane Luther ("Luther") and prevent her from testifying at trial. Defendant Safeco Insurance Company of America ("Safeco") has filed a response opposing the motion. Doc. 77. I. STANDARD OF REVIEW Fed.R.Civ.P. 26(a)(2) requires that an expert report...
OPINION AND ORDER JOHN E. DOWDELL , Chief District Judge . Plaintiff Maxine DeSanzo alleges that Defendant AHS Southcrest Hospital, LLC, violated the Age Discrimination and Employment Act by suspending and then firing her because of her age. Southcrest moves for summary judgment on all claims. (Doc. 52). I. BACKGROUND Ms. DeSanzo was a nurse in Southcrest Hospital's postpartum unit. The hospital hired her in 2009 and promoted her to the position of charge nurse in 2012. In 2014, DeSanzo...
OPINION AND ORDER CLAIRE V. EAGAN , District Judge . Now before the Court is the Motion to Dismiss and Brief in Support of Defendant the Oklahoma Department of Human Services (Dkt. # 6). Defendant the State of Oklahoma ex rel. the Oklahoma Department of Human Services (DHS) argues that plaintiff 1 failed to comply with the notice provisions of the Oklahoma Governmental Tort Claims Act, OKLA. STAT. tit. 51, 151 et seq. (GTCA) before filing suit, and plaintiff has failed to state a...
OPINION AND ORDER JODI F. JAYNE , Magistrate Judge . Plaintiff Bobbi O. seeks judicial review of the decision of the Commissioner of the Social Security Administration denying her claim for disability insurance benefits under Title II of the Social Security Act ("Act"), 42 U.S.C. 416(i), 423. In accordance with 28 U.S.C. 636(c)(1) & (3), the parties have consented to proceed before a United States Magistrate Judge. For reasons explained below, the Court reverses the Commissioner's...
OPINION AND ORDER JODI F. JAYNE , Magistrate Judge . Plaintiff Rashedda Lenece J. seeks judicial review of the decision of the Commissioner of the Social Security Administration ("SSA") denying her claims for disability insurance benefits under Titles II and XVI of the Social Security Act ("Act"), 42 U.S.C. 416(i), 423, and 1382c(a)(3). In accordance with 28 U.S.C. 636(c)(1) & (3), the parties have consented to proceed before a United States Magistrate Judge. For reasons explained...
OPINION AND ORDER CLAIRE V. EAGAN , Chief District Judge . Before the Court is defendant CSA Travel Protection and Insurance Services's motion to dismiss (Dkt. #6). Defendant argues that the Court lacks subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1) because diversity of citizenship and the amount in controversy requirement have not been adequately pled. 1 Dkt. #6. I. Plaintiffs brought this action on January 21, 2020, alleging breach of contract, bad faith,...
OPINION AND ORDER GREGORY K. FRIZZELL , District Judge . Plaintiff Robert Wirtz, Jr., a state inmate appearing pro se, brings this action under 42 U.S.C. 1983 and Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. 12131-12165. He claims defendants violated his rights, under federal and state law, while he was incarcerated as a pretrial detainee at the David L. Moss Criminal Justice Center (DLMCJC) in Tulsa, Oklahoma. Before the Court are the motions to dismiss filed by...
OPINION AND ORDER CLAIRE V. EAGAN , District Judge . Before the Court is the report and recommendation (Dkt. # 17) of Magistrate Judge Jodi F. Jayne recommending that the Court affirm the decision of the Commissioner of the Social Security Administration to deny plaintiff's claim for disability benefits. Plaintiff timely filed an objection (Dkt. # 18) to the report and recommendation, and she seeks remand for further review. Defendant has filed a response (Dkt. # 19). The Court has...
