OPINION AND ORDER GREGORY K. FRIZZELL , District Judge . Before the court is the Motion to Dismiss [Doc. No. 37] of White Reliability Services, Inc. ("WRS"), a third-party defendant in two other related actions, and the Motion for Leave to Amend of plaintiffs Benjamin Grice and Kayla Patchett (the " Grice plaintiffs") [Doc. No. 38]. For the reasons set forth below, WRS's motion is granted and the Grice plaintiffs' motion is denied as futile. I. Background This dispute arises from an...
OPINION AND ORDER JAMES H. PAYNE , District Judge . Before the Court are (1) Defendants Richard D. White, Jr., Kara Pratt, Barber & Bartz, PC, and Asset Acquisition Group, LLC's Motion for Summary Judgment (Doc. No. 48), (2) Plaintiffs Elbert Kirby, Jr. and Kay Kirby's Motion for Summary Judgment (Doc. No. 56), and (3) Plaintiffs Elbert Kirby, Jr. and Kay Kirby's Second Motion for Extension of Time to Respond to Defendants' Motion for Summary Judgment (Doc. No. 58). After consideration of...
OPINION AND ORDER FRANK H. MCCARTHY , Magistrate Judge . Plaintiff, CRAIG ALLEN WATSON, 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 JOHN E. DOWDELL , District Judge . Before the Court is plaintiff's Motion to Remand to State Court (the "Motion") (Doc. 13), which defendant has opposed (Doc. 15). For the reasons discussed below, plaintiff's Motion is denied. I. Background Plaintiff originally filed this case against defendant on August 18, 2015 in Tulsa County District Court for injuries she sustained as a result of a slip-and-fall accident she alleges was caused by defendant's negligence. (Doc. 2...
OPINION AND ORDER CLAIRE V. EAGAN , District Judge . Now before the Court is defendant's Motion to Dismiss Indictment (Dkt. # 28). On November 11, 2016, a grand jury returned an indictment charging defendant with ten counts of interstate communications with intent to injure in violation of 18 U.S.C. 875(c). Dkt. # 16. Defendant now asks the Court to dismiss the indictment against him, alleging that as applied 875(c) violates his First Amendment right to free speech. Dkt. # 28, at 1....
OPINION AND ORDER JAMES H. PAYNE , District Judge . On November 22, 2016, United States Magistrate Judge Frank H. McCarthy entered a Report and Recommendation ("R&R") in regard to Defendant's Motion to Suppress Evidence (Doc. No. 15). (Doc. No. 22). The Magistrate Judge recommended that Defendant's Motion to Suppress Evidence be granted. Plaintiff the United States of America has filed an Objection to the Magistrate Judge's R&R pursuant to 28 U.S.C. 636(b)(1) and Fed. R. Crim. P. 59(b)(...
OPINION AND ORDER CLAIRE V. EAGAN , District Judge . Before the Court is defendant's motion for reduction of sentence and appointment of counsel (Dkt. # 69). On November 20, 2013, defendant appeared for sentencing following his plea of guilty to an information charging possession of cocaine with intent to distribute, in violation of 21 U.S.C. 841(a)(1) and (b)(1)(C). Defendant was sentenced to 87 months in the custody of the Bureau of Prisons. On August 26, 2015, based on Amendment 782,...
OPINION AND ORDER CLAIRE V. EAGAN , District Judge . Now before the Court is R. David Sheehan, Jr.'s Motion for Permission to Appeal to District Court (Dkt. # 3). Sheehan seeks permission to appeal an interlocutory order of the bankruptcy court denying his motion to convert the case to a Chapter 7 bankruptcy. Sheehan Pipe Line Construction Company (Debtor) and the Official Committee of Unsecured Creditors (the Committee) oppose Sheehan's motion for permission to appeal, and argue that...
OPINION AND ORDER GREGORY K. FRIZZELL , Chief District Judge . Now before the Court is Defendant Cruz-Arias' unopposed Motion for a New Scheduling Order (Doc. # 28) and Defendant Martinez' Unopposed Motion for Continuance of All Dates in Scheduling Order (Doc. # 24). Defendants request a new scheduling order including continuance of the jury trial now set for December 19, 2016. A scheduling order was issued on November 10, 2016, setting a trial date of December 19, 2016. (Doc. # 19). The...
OPINION AND ORDER CLAIRE V. EAGAN , District Judge . Before the Court is defendant's motion for time served (Dkt. # 69). On May 11, 2012, defendant was sentenced to a 60-month term of imprisonment following his plea of guilty to the offense of bank robbery, in violation of 18 U.S.C. 2113(a) and 2113(d). Defendant appeared for sentencing on a writ of habeas corpus ad prosequendum from the State of Oklahoma, where he had been held since July 2011 on unrelated state offenses. Oklahoma has...
OPINION & ORDER JAMES H. PAYNE , District Judge . Before the Court is a Motion for Summary Judgment filed by Defendant Carrabbas Italian Grill, L.L.C. (Doc. No. 16). After consideration of the briefs, and for the reasons stated below, Defendant's Motion is GRANTED. BACKGROUND On the evening of December 27, 2013, Plaintiff Linda Ritch ("Plaintiff") went with a group to dinner at Carrabbas Italian Grill on East 71st Street in Tulsa, Oklahoma. (Doc. No. 16-1 (Plaintiff Deposition), 17:22-...
OPINION AND ORDER FRANK H. McCARTHY , Magistrate Judge . Plaintiff, Robert Chuck Hille, seeks judicial review of a decision of the Commissioner of the Social Security Administration denying 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 determination of...
OPINION AND ORDER FRANK H. MCCARTHY , Magistrate Judge . Plaintiff's Motion for Attorney Fees Pursuant to the Equal Access to Justice Act, [Dkt. 26], is before the undersigned United States Magistrate Judge for decision. The Motion is GRANTED. Plaintiff seeks an award of attorney fees in the total amount of $3,882.70 under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412 for the legal fees incurred in federal court. The Commissioner requests that the fee request be denied in its...
OPINION AND ORDER CLAIRE V. EAGAN , District Judge . Now before the Court is Petitioner's Motion pursuant to Title 28 U.S.C. 2255(f)(3) — Petitioner's Amended Filings (Dkt. # 312). Defendant claims that he is entitled to relief under the Supreme Court's decision in Johnson v. United States, 135 S.Ct. 2551 (2015), and he asks the Court to set this matter for a resentencing hearing. The Court has reviewed defendant's 2255 motion and finds that it is unnecessary for plaintiff to file...
OPINION AND ORDER CLAIRE V. EAGAN , District Judge . Now before the Court is the Report and Recommendation (Dkt. # 18) of the Magistrate Judge Paul J. Cleary recommending that the Court affirm the decision of the Commissioner of Social Security denying plaintiff's claim for disability benefits. Plaintiff has filed an objection (Dkt. # 19) to the Report and Recommendation, and defendant has filed a response (Dkt. # 20) to the objection. I. On September 20, 2010, plaintiff protectively...
OPINION AND ORDER CLAIRE V. EAGAN , District Judge . Now before the Court is Capital Resorts Group, LLC's Motion to Dismiss Claims for Lack of Personal Jurisdiction and Brief in Support Thereof (Dkt. # 19). Defendant Capital Resorts Group, LLC (CRG) argues that it is a Delaware limited liability company with its principal place of business in St. Petersburg, Florida and that it is not subject to personal jurisdiction in Oklahoma. Dkt. # 19. Plaintiffs Lakeland Office Systems, Inc. and...
OPINION AND ORDER CLAIRE V. EAGAN , District Judge . Now before the Court is Defendant the United States of America's Motion to Dismiss Fourth Claim for Relief of the First Amended Complaint (Dkt. # 19). Defendant asks the Court to dismiss plaintiff's retaliation claim under the Rehabilitation Act, 29 U.S.C. 701 et seq., because plaintiff has failed to allege sufficient facts to state a plausible retaliation claim under the Rehabilitation Act. Dkt. # 19. Plaintiff responds that her...
OPINION AND ORDER JOHN E. DOWDELL , District Judge . Before the Court is Paula Smith's Amended Motion to Intervene and Brief in Support (the "Motion") (Doc. 74), which defendant BNSF Railway Company has opposed (Doc. 94). For the reasons below, the Court finds that the Motion should be granted. I. Background Plaintiff Tyler D. Malinski filed this lawsuit in Ottawa County District Court on August 12, 2015 against defendant BNSF Railway Company ("BNSF") for personal injury damages he...
OPINION AND ORDER CLAIRE V. EAGAN , District Judge . Now before the Court is defendant's motion to dismiss indictment (Dkt. # 37). On October 11, 2016, a grand jury returned a four-count indictment charging defendant and Latisha Cheyenne Perkins 1 with conspiracy to engage in sex trafficking of a child, sex trafficking of a child, attempted sex trafficking of a child, and coercion and enticement of a minor. Dkt. # 2. Defendant now asks the Court to dismiss the indictment against him,...
OPINION AND ORDER GREGORY K. FRIZZELL , Chief District Judge . At the Final Pretrial Conference held November 15, 2016, the court directed counsel for the parties to file short briefs on the issue of whether liquidated damages under the Uniformed Services Employment and Reemployment Act ("USERRA"), 38 U.S.C. 4323(d)(1)(C), is an equitable issue for the court or a legal issue for the jury. The parties subsequently filed their briefs. [Doc. Nos. 62-63]. For the reasons set forth below,...
