OPINION AND ORDER TERENCE C. KERN, District Judge. Before the Court are briefs regarding the threshold legal question of whether the Court will (1) enter a scheduling order limited to the submission of briefs and the underlying administrative record, as requested by Defendant, or (2) enter a standard scheduling order that concludes with an evidentiary hearing or bench trial, as requested by Plaintiff. 1 I. Factual Background On April 30, 2014, Plaintiff Jim Lee Remer, a former American...
OPINION AND ORDER FRANK H. McCARTHY, Magistrate Judge. Plaintiff, Jon Cavalier, Jr., 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 PAUL J. CLEARY, Magistrate Judge. Claimant, Sherry Lynn Phillips ("Phillips"), pursuant to 42 U.S.C. 405(g), requests judicial review of the decision of the Commissioner of the Social Security Administration ("Commissioner") denying Phillips' application for supplemental security income benefits under Title XVI of the Social Security Act, 42 U.S.C. 401 et seq. In accordance with 28 U.S.C. 636(c)(1) and (3), the parties have consented to proceed before a United...
OPINION AND ORDER FRANK H. McCARTHY, Magistrate Judge. This matter comes before the Court upon Defendant Rui Zhao d/b/a R&M Express' Unopposed Motion for Extension of Time to Identify Experts and Provide Reports [Document No. 103]. The Motion is hereby GRANTED. IT IS ORDERED that Defendant Rui Zhao d/b/a R&M Express is hereby granted a two (2) week extension of time, or until January 12, 2015, to exchange the expert witness report of Rick Varner.
ORDER FRANK H. McCARTHY, Magistrate Judge. NOW on this 23 th day of December, 2014, comes on before me, the undersigned Judge of the United States District Court, Defendant Amazon.com, Inc.'s Unopposed Request for Extension of Time to Identify Experts and Provide Reports. [Dkt. #101]. The court being fully advised in the premises and finding no objection, finds that the same should be granted: IT IS THEREFORE ORDERED, ADJUSTED AND DECREED by the Court that the deadline for identification...
OPINION AND ORDER GREGORY K. FRIZZELL, Chief District Judge. Before the Court is the 28 U.S.C. 2254 petition for writ of habeas corpus (Dkt. # 1), filed by Petitioner, a state inmate appearing pro se. Respondent filed a response to the petition (Dkt. # 9), and provided the state court records necessary for adjudication of Petitioner's claims (Dkt. ## 9, 10). Petitioner filed a reply (Dkt. # 11). For the reasons discussed below, the Court concludes the petition shall be denied. BACKGROUND...
OPINION AND ORDER T. LANE WILSON, Magistrate Judge. Plaintiff Terry Wayne Russell, Jr. seeks judicial review of the decision of the Commissioner of the Social Security Administration denying disability insurance benefits for plaintiff under sections 216(i) and 223(d) of the Social Security Act ("SSA"), 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. (Dkt. 13). Any appeal...
OPINION AND ORDER CLAIRE V. EAGAN, District Judge. Now before the Court is the plaintiff's Amended Motion for Continuance and to Declare Case Complex (Dkt. #70). On November 4, 2014, a grand jury returned an indictment charging 11 defendants with conspiracy to participate in a racketeering enterprise (count one) and drug conspiracy (count two). Defendants Ronnie Dean Haskins, Aaron Clay King, Robert Allen Paul Bryan, Rodney Lee Broomhall, and Kristin Michelle Bright were also charged with...
OPINION AND ORDER TERENCE C. KERN, District Judge. Before the Court is Defendant's Motion to Dismiss (Doc. 16). For reasons explained below, this motion is denied in its entirety. I. Procedural History On December 26, 2013, Plaintiff filed a pro se Complaint asserting claims for "disability discrimination", "retaliation", and "sexual harassment." However, Plaintiff inadvertently completed a pro se complaint form for a 42 U.S.C. 1983 claim, rather than a complaint form for employment...
OPINION AND ORDER TERENCE C. KERN, District Judge. Before the Court is Plaintiff's Motion for FRCP 54(b) Certification (Doc. 143), wherein Plaintiff requests that the Court certify (1) the Court's decision granting summary judgment to Defendant City of Tulsa (Doc. 47) ("Summary Judgment Order") on all claims asserted against it in the original Complaint; and (2) the Court's decision dismissing all claims asserted against Defendants City of Tulsa and Ron Palmer (Doc. 123) ("Dismissal Order")...
OPINION AND ORDER JOHN E. DOWDELL, District Judge. Before the Court is the Motion to Dismiss (Doc. 53), filed by the defendants, One Equity Partners LLC (One Equity LLC), One Equity Partners (Europe) GmbH (One Equity Europe), and Constantia Flexibles GmbH (Constantia). As independent grounds for dismissal, defendants assert that the Court lacks personal jurisdiction over them such that the action should be dismissed under Fed. R. Civ. P. 12(b)(2), the Amended Complaint fails to state a claim...
OPINION AND ORDER GREGORY K. FRIZZELL, District Judge. This is a 28 U.S.C. 2241 habeas corpus action. In response to the petition, Respondent initially filed a motion to dismiss for failure to exhaust state remedies (Dkt. #5). The Court denied the motion to dismiss, see Dkt. #7, and directed Respondent to file a response. Respondent filed a response (Dkt. #8). Petitioner filed a reply (Dkt. #9). For the reasons discussed below, the Court finds the petition for writ of habeas corpus shall...
OPINION AND ORDER CLAIRE V. EAGAN, Chief District Judge. This is a 28 U.S.C. 2254 habeas corpus action. Petitioner Jermain 2 D. Jeffery is a state prisoner appearing pro se. Respondent filed a response (Dkt. #5) and provided the state court record necessary for resolution of Petitioner's claims (Dkt. ##5, 6, 7). Petitioner filed a reply (Dkt. #8). For the reasons discussed below, the petition for writ of habeas corpus is denied. BACKGROUND On September 7, 2007, Petitioner and his...
AMENDED OPINION AND ORDER 1 TERENCE C. KERN, District Judge. Before the Court is Defendant's Motion to Dismiss (Doc. 16). For reasons explained below, this motion is denied in its entirety. I. Procedural History On December 26, 2013, Plaintiff filed a pro se Complaint asserting claims for "disability discrimination", "retaliation", and "sexual harassment." However, Plaintiff inadvertently completed a pro se complaint form for a 42 U.S.C. 1983 claim, rather than a complaint form for...
OPINION AND ORDER JOE HEATON, District Judge. Before the court is the Motion for Summary Judgment [Dkt. #32] filed by defendants Matrix Service Company ("MSC") and Matrix Service, Inc. ("MSI"). Plaintiff Brandon Cooper ("Cooper"), a former employee of MSI, filed suit in Tulsa County District Court, asserting claims under the Family and Medical Leave Act ("FMLA"); the Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA"); Oklahoma's Protection of Labor Act ("OPLA"), Okla. Stat....
OPINION AND ORDER JAMES H PAYNE, District Judge. This is a 28 U.S.C. 2241 habeas corpus proceeding commenced by Petitioner, a state inmate appearing pro se. Petitioner claims that, during disciplinary proceedings, he was deprived of due process and equal protection of the law. (Dkt. # 1 at 1). In a prior Opinion and Order (Dkt. # 20), the Court denied Respondent's motion to dismiss based on Petitioner's failure to exhaust an available state court remedy, as provided by Okla. Stat. tit....
OPINION AND ORDER CLAIRE V EAGAN, District Judge. Before the Court is plaintiff's motion for partial summary judgment (Dkt. # 33). Plaintiff seeks summary judgment in his favor pursuant to Federal Rule of Civil Procedure 56 as to three affirmative defenses of defendants: 1 failure to comply with the Prison Litigation Reform Act (PLRA), 42 U.S.C. 1997 et seq.; receipt of medical care from a third party; and the statute of limitations. Dkt. # 33, at 1. 2 Defendants respond that each...
OPINION AND ORDER T. LANE WILSON, District Judge. Plaintiff Katherine Louise Roller seeks judicial review of the decision of the Commissioner of the Social Security Administration denying her claim for social security disability benefits under Title II of the Social Security Act ("SSA"), 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. (Dkt. 19). Any appeal of this...
OPINION AND ORDER T LANE WILSON, Magistrate Judge. Plaintiff Tonya Louise Taylor seeks judicial review of the decision of the Commissioner of the Social Security Administration ("Commissioner"), denying her claim for Supplemental Security Income benefits (SSI) under Title XVI of the Social Security Act, 42 U.S.C. 416(i), 423, and 1382c(a)(3)(A). In accordance with 28 U.S.C. 636(c)(1) & (3), the parties have consented to proceed before a United States Magistrate Judge. (Dkt. 10). Any...
OPINION AND ORDER T LANE WILSON, Magistrate Judge. Plaintiff Kimberly D. Spencer seeks judicial review of the decision of the Commissioner of the Social Security Administration denying her claim for supplemental security income benefits under Titles II and XVI of the Social Security Act ("SSA"), 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. (Dkt. 6). Any appeal of this...
