OPINION AND ORDER TERENCE C. KERN, District Judge. Before the Court is Defendants' partial motion to dismiss for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) ("Rule 12(b)(6)") (Doc. 12). I. Factual Allegations This suit was brought in state court by Plaintiffs Duane and Donna Kerns ("Parents"), individually and as the next of kin and natural parents of their deceased son, Colton Kerns ("Colton"), and was subsequently removed. Parents allege that, on April...
OPINION AND ORDER TERENCE KERN, District Judge. Before the Court is Plaintiff's Motion for Leave of Court to File Second Amended Complaint (Doc. 48), wherein Plaintiff requests leave to add two new claims for relief based on the Oklahoma Supreme Court's decision in Bosh v. Cherokee County Building Authority, 305 P.3d 994 (Okla. 2013). Defendants Ronald Palmer ("Palmer") and the City of Tulsa ("City") (collectively "Defendants") oppose the motion, or, alternatively, request that the Court...
OPINION AND ORDER CLAIRE V. EAGAN, District Judge. Before the Court is Plaintiff's Motion to Substitute Party. Dkt. # 15. On March 28, 2013, plaintiff Gerald E. Hendricks filed a petition in state court against defendants Liberty National Life Insurance Company (Liberty) and The Reliable Life Insurance Company (Reliable). Dkt. # 2-2, at 2-3. Hendricks stated that defendants were "in breach of their contract of insurance and ha[d] not conducted themselves in good faith, or dealt fairly with...
OPINION AND ORDER GREGORY K. FRIZZELL, Chief Judge. Before the court is the 28 U.S.C. 2255 habeas corpus motion [Dkt. #48] filed by defendant Bobby Eugene Scott, Jr. ("Scott"). The United States opposes the motion. Procedural History On March 4, 2008, a two-count indictment charged Scott with violation of 18 U.S.C. 922(g)(1) and 924 (a)(2). [Dkt. #2]. The court appointed Art Fleak to represent Scott. [Dkt. #7]. Scott moved to suppress evidence. [Dkt. #13]. On April 16, 2008, the court...
OPINION AND ORDER GREGORY K. FRIZZELL, District Judge. Before the court is the Motion to Dismiss [Dkt. #7] filed by defendant Theresa Porter (f/k/a Bakkeby) ("Porter"). Porter asserts the court lacks personal jurisdiction over her pursuant to Federal Rule of Civil Procedure 12(b)(2) and venue is improper under Rule 12(b)(3). Allegations of the Complaint In their Complaint, plaintiffs Alexandra Bakkeby and Elizabeth Bakkeby, Next Friend to Minor Children V.B. and G.B., seek declaratory...
OPINION AND ORDER JOHN E. DOWDELL, District Judge. The Court has for its consideration Defendants' Second Motion to Dismiss and Brief in Support (Doc. 26). The defendants argue that plaintiff's complaint contains nothing more than conclusory allegations and therefore is subject to dismissal under the relevant pleading standard. Plaintiff, Seth D. Harris, Acting Secretary of Labor for the United States Department of Labor, has alleged claims against defendants El Tequila, LLC and Carlos...
OPINION AND ORDER JAMES H. PAYNE, District Judge. Before the Court is Petitioner Elmer Maravilla's ("Maravilla") motion to extend the time for filing a notice of appeal pursuant to Fed. R. App. Pro. 4(a)(5). Maravilla alleges that he needs an extension of time because he is proceeding pro se and needs additional time to effectively file an appeal. Pursuant to Fed. R. App. Pro. 4(a)(5), the district court may extend the time to file a notice of appeal if a party "shows excusable neglect or...
OPINION AND ORDER CLAIRE V. EAGAN, District Judge. Now before the Court is the Government's Motion for Continuance of Jury Trial (Dkt. # 22) and defendant's Motion to Continue and for New Scheduling Order, Including New Trial Date (Dkt. # 27). Defendant Matthew Scott Storey is charged with possession and attempted possession of methamphetamine with intent to distribute. Dkt. # 10. A suppression hearing is set for September 5, 2013, and the jury trial is set for September 9, 2013. The...
OPINION AND ORDER CLAIRE V. EAGAN, District Judge. Now before the Court is Defendant's Motion to Reduce or Modify his Sentence pursuant to 18 U.S.C. 3582(c)(2), citing Amendment 599 to the United States Sentencing Guidelines (Dkt. # 146). Defendant was convicted of two counts of bank robbery (counts one and two) and one count of possessing a firearm during and in relation to a crime of violence (count three). At the sentencing hearing on May 15, 2000, the Court 1 imposed a term of 120...
OPINION AND ORDER JOHN E. DOWDELL, District Judge. These consolidated actions were initiated by plaintiffs in the Delaware County, Oklahoma District Court. In their Petitions, the plaintiffs alleged that they were improperly terminated in violation of Oklahoma law (Proposition I) and that the defendants discriminated against them on the basis of race and color (Proposition II). While plaintiffs' Petitions did not mention either 42 U.S.C. 1983, Title VII or any other explicit federal claims,...
OPINION AND ORDER CLAIRE V. EAGAN, District Judge. Before the Court is Plaintiff's Motion to Substitute Party. Dkt. # 15. On March 28, 2013, plaintiff Gerald E. Hendricks filed a petition in state court against defendants Liberty National Life Insurance Company (Liberty) and The Reliable Life Insurance Company (Reliable). Dkt. # 2-2, at 2-3. Hendricks stated that defendants were "in breach of their contract of insurance and ha[d] not conducted themselves in good faith, or dealt fairly with...
OPINION AND ORDER FRANK H. McCARTHY, District Judge. Plaintiff, Cynthia Ann Taylor, seeks judicial review of a decision of the Commissioner of the Social Security Administration denying Social Security disability benefits. 1 In accordance with 28 U.S.C. 636(c)(1) & (3), the parties have consented to proceed before a United States Magistrate Judge. Standard of Review The role of the court in reviewing the decision of the Commissioner under 42 U.S.C. 405(g) is limited to a...
OPINION AND ORDER CLAIRE V. EAGAN, District Judge. Before the Court is plaintiff The Ross Group Construction Corporation's (Ross) motion for new trial. Dkt. # 75. Ross asserts that the Court should grant a new trial because the verdict is against the weight of the evidence and because Riggs Contracting, Inc. (Riggs) and Safeco Insurance Company of America's (Safeco) 1 counsel's conduct at trial was prejudicial. I. Before trial, there were cross-motions for summary judgment. Dkt. ## 23, 24....
CORRECTED 1 REPORT AND RECOMMENDATION FRANK H. McCARTHY, Magistrate Judge. The Post-Judgment Motion and Application of the Defendant, Riggs Contacting, Inc., For an Award of Attorney Fees and Expenses Against the Plaintiff, Ross Group Construction Corporation, [Dkt. 68], has been referred to the undersigned United States Magistrate Judge for report and recommendation. The matter has been fully briefed and the matter is ripe for determination. Plaintiff sued Defendant for breach of a...
REPORT AND RECOMMENDATION FRANK H. McCARTHY, Magistrate Judge. The Post-Judgment Motion and Application of the Defendant, Riggs Contacting, Inc., For an Award of Attorney Fees and Expenses Against the Plaintiff, Ross Group Construction Corporation, [Dkt. 68], has been referred to the undersigned United States Magistrate Judge for report and recommendation. The matter has been fully briefed and the matter is ripe for determination. Plaintiff sued Defendant for breach of a construction...
OPINION AND ORDER CLAIRE V. EAGAN, District Judge. Now before the Court is Defendant's Motion to Suppress Evidence (Dkt. # 15). Defendant Lawrence David Peoples asks the Court to suppress a firearm and ammunition seized by the Tulsa Police Department on April 5, 2013. The government has filed a response in opposition to defendant's motion. Dkt. # 18. On August 26, 2013, the Court held an evidentiary hearing and heard the testimony of Tulsa Police Department (TPD) Officers Sandra Dunn, Paul...
OPINION AND ORDER FRANK H. MCCARTHY, Magistrate Judge. Before the court is the Joint Motion to Reset Settlement Conference. [Dkt. 29]. The parties request a continuance of the Settlement Conference based upon the pending Motion for the Entry of Default Judgment, [Dkt. 21], Motion to File an Answer Out of Time, [Dkt. 22], and Agreed Motion to File Answer Out of Time [Dkt. 25]. Those motions are no longer pending as the court issued its ruling on August 26, 2012. [Dkt. 31]. Further, the...
OPINION AND ORDER PAUL J. CLEARY, Magistrate Judge. Before the Court is Plaintiff's Motion to Compel Regarding Rule 30(b)(6) Deposition. [Dkt. No. 149]. For the reasons set forth below, the motion is GRANTED IN PART AND DENIED IN PART. Plaintiff brings this action against Defendants alleging cruel and unusual punishment under 42 U.S.C. 1983 and negligence arising from the treatment, and subsequent death, of Elliott Williams after Williams' arrest and while he was in the custody of the...
OPINION AND ORDER JOHN E. DOWDELL, District Judge. The Court has for its consideration the Motion for Summary Judgment filed by the defendants (Doc. 95), plaintiff's Response (Doc. 103), and defendant's Reply (Doc. 128). The Motion is for partial summary judgment, as defendants do not seek summary judgment on plaintiff's claims for breach of the standard of care (negligence) or vicarious liability. I. Background After slipping and falling on ice, plaintiff, Dana Leigh Barton,...
OPINION AND ORDER PAUL J. CLEARY, Magistrate Judge. Before the Court is Plaintiffs' Motion for Protective Order Governing Obstructionist Conduct of Defendants' Counsel During Deposition. [Dkt. No. 107] For the reasons set forth below, the motion is DENIED. This motion arises out of disputes the parties encountered during depositions in this case. On July 22, 2013, the Court conducted a telephone conference with counsel concerning so-called "speaking objections" by Defendants' counsel...
