OPINION AND ORDER TERENCE C. KERN, District Judge. Before the Court is Defendant's Motion for Summary Judgment (Doc. 26). For reasons set forth below, such motion is granted. I. Factual Background 1 Plaintiff Marilyn Barnes was employed by Defendant Occidental Petroleum Corporation ("OPC") for over twenty years in various capacities. From approximately 2005 until September 2008, Plaintiff was employed in OPC's Tulsa service center as a relocation supervisor. Plaintiff's duties included...
OPINION AND ORDER GREGORY K. FRIZZELL, District Judge. This matter is before the court on the Motion to Dismiss of defendant Daphne Hereford [Doc. No. 12] and the Motion to Dismiss Foreclosure of Lien of defendants Hereford and Rin Tin Tin Incorporated ("Rin Tin Tin Inc.") [Doc. No. 13]. Defendant Hereford contends she should be dismissed from the case pursuant to Fed. R.Civ.P. 12(b)(2) for lack of personal jurisdiction. Defendants seek dismissal of Count III of the Petition under Rule 12(b)(...
OPINION AND ORDER GREGORY K. FRIZZELL, District Judge. This matter comes before the court on the Motion to Remand [Doc. No. 9] of plaintiff Fleming Building Company, Inc. ("Fleming"). For the reasons set forth below, Fleming's motion is granted. I. Background/Procedural History Fleming is an Oklahoma corporation with its principal place of business in Tulsa, Oklahoma. Defendant Columbia Casualty Company ("Columbia Casualty") is an insurance company organized and existing under the laws...
OPINION AND ORDER GREGORY K. FRIZZELL, District Judge. This matter comes before the court on plaintiff's Motion to Remand (Dkt. #23) and defendants' Motion for Leave to File Supplemental Brief in Opposition to Plaintiff's Motion to Remand. (Dkt. #29). The court denies the request to file a supplemental brief because additional briefing is unnecessary, and concludes that defendant OMNI Medical Group ("OMNI") should not be severed to perfect diversity jurisdiction. Because OMNI remains part...
AMENDED OPINION AND ORDER 1 TERENCE C. KERN, District Judge. Ana Sanchez-Smith ("Smith"), Amber Haverfield-Chatwell ("Chatwell"), and Dana White ("White") (collectively "Relators") filed this qui tam action on behalf of the United States of America pursuant to the False Claims Act ("FCA"), 31 U.S.C. 3729, et seq. 2 Relators assert that Defendant AHS Tulsa Regional Medical Center, LLC d/b/a Tulsa Regional Medical Center ("TRMC") submitted numerous false claims for inpatient...
OPINION AND ORDER TERENCE C. KERN, District Judge. Before the Court is Defendant Progressive Direct Insurance Company's ("Progressive") Motion for Summary Judgment (Doc. 21). I. Factual Background At all times relevant to this matter, Plaintiffs Rocky Walker ("Rocky") and Kristi Walker ("Kristi") (collectively "Plaintiffs") were covered by a Progressive insurance policy ("the Policy") that provided "comprehensive coverage" for Plaintiffs' 2003 Chevrolet Tahoe ("Vehicle"). On or about July...
OPINION AND ORDER GREGORY K. FRIZZELL, District Judge. This matter comes before the Court on the Motion for Summary Judgment (Dkt. #27), filed by defendant ConocoPhillips Company ("Conoco" or the "Company"). Plaintiff United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers' International Union, and its Local 13-587 (the "Union") bring this action under 301 of the Labor Management Relations Act ("LMRA") codified at 29 U.S.C. 185. The Union...
OPINION AND ORDER CLAIRE V. EAGAN, District Judge. Now before the Court is the Federal Defendants' Motion to Dismiss and Memorandum in Support (Dkt. #19). Defendants Ken Salazar, Secretary of the Interior, United States Department of the Interior (DOI), Robert K. Impson, Acting Director, Eastern Oklahoma Region, Bureau of Indian Affairs (BIA), and Paul Yates, Superintendent of the Miami Agency of the BIA (collectively referred to as the Federal Defendants), ask the Court to dismiss...
OPINION AND ORDER TERENCE C. KERN, District Judge. Before the Court is Defendant's Motion to Dismiss Based on Claim Preclusion ("Motion") (Doc. 7). I. Background The following facts are alleged in Plaintiff's Complaint. In 1986, Plaintiff Larry H. Hausler ("Plaintiff") and Michael D. Hudson ("Hudson") purchased real property in Sand Springs, Oklahoma upon which a Burger King restaurant would be located. Plaintiff and Hudson leased that property to HMF Enterprises ("HMF") ("lease"). Later...
OPINION AND ORDER CLAIRE V. EAGAN, Chief Judge. Now before the Court is Defendants' Joint Motion to Suppress Tangible Evidence, Statements & Fruits of Search (Dkt. # 20). They argue that evidence seized during a search of a rental car on April 24 and 25, 2010 should be suppressed, because the Oklahoma Highway Patrol (OHP) trooper continued the traffic stop beyond its initial purpose without defendants' consent and without reasonable suspicion to believe that defendants were involved in...
OPINION AND ORDER TERENCE C. KERN, District Judge. Before the Court are Defendants Ken Salazar and the United States Department of the Interior's Motion to Transfer Venue and to Suspend Obligation to Answer, or in the Alternative to Stay (Docs. 18 and 22); and Motion of the Cherokee Freedmen to Transfer Or, in the Alternative, Stay (Doc. 20). In these motions, Defendants move to transfer this action to the District Court for the District of Columbia ("D.D.C."), where the action of Vann v....
OPINION AND ORDER TERENCE KERN, District Judge. Before the Court are Defendant United States of America's Motion to Dismiss Plaintiff's Claim as Untimely ("Motion to Dismiss") (Doc. 40); Plaintiff Valley View Development, Inc.'s Motion for Summary Judgment (Doc. 28); Defendant United States of America's Motion for Summary Judgment on Plaintiff's Claim (Doc. 50); Defendant United States of America's Motion for Partial Summary Judgment on Defendant's Counterclaim (Doc. 51); Valley View...
AMENDED OPINION AND ORDER 1 TERENCE C. KERN, District Judge. Now before the Court is the Plaintiff's Motion for Summary Judgment Against Garnishee American National Property and Casualty Company (Doc. 27), and the Motion for Summary Judgment of Intervenor/Plaintiff, Physician's Liability Insurance Company, Against Garnishee, American National Property and Casualty Company (Doc. 30). I. Background Garnishee American National Property and Casualty Company ("ANPAC") issued two general...
OPINION AND ORDER T. LANE WILSON, United States Magistrate Judge. Before the Court are the parties' cross motions for summary judgment on plaintiff Daniel Cummings' claim filed pursuant to the Employee Retirement Security Act (ERISA), 29 U.S.C. 1001 et seq. against defendant Minnesota Life Insurance Company ("Minnesota Life"). [Dkt. # 21, 22]. Plaintiff, as beneficiary, alleges he was improperly denied accidental death benefits under a qualified employee benefit plan sponsored by...
OPINION AND ORDER GREGORY K. FRIZZELL, District Judge. This matter comes before the court on the following Rule 12(b)(6) motions to dismiss: • Defendant Brent Cooper's Motion to Dismiss [Doc. No. 193]; • Defendant BOSC, Inc.'s Motion to Dismiss [Doc. No. 196]; • Defendants Brian F. Billings and W. Anderson Bishop's Motion to Dismiss [Doc. No. 197]; • Defendant Thomas Kivisto's Motion to Dismiss [Doc. No. 200]; • Motion to Dismiss of Defendants Carlyle/Riverstone Global Energy and Power...
OPINION AND ORDER TERENCE C. KERN, District Judge. Now before the Court is the Motion for Summary Judgment (Doc. 79) filed by Defendants Combined Underwriters Life Insurance Company ("Combined Underwriters"), Citizens, Inc., Citizens Insurance Company of America ("CICA"), Citizens National Life Insurance Company ("Citizens National"), Texas International Life Insurance Company ("TILIC"), and Actuarial Management Resources, Inc. ("AMR"). As set forth in prior orders, this case arises out of a...
