OPINION AND ORDER JOHN E. DOWDELL , District Judge . I. Background Before the Court is the Report & Recommendation ("R&R") (Doc. 14) of United States Magistrate Judge Paul J. Cleary on review of a decision of the Commissioner of the Social Security Administration ("Commissioner") denying L.R.A., a minor, disability benefits. Judge Cleary recommends that the Court affirm the Commissioner's decision finding plaintiff not disabled. Plaintiff filed a timely Objection to the R&R in which she...
OPINION AND ORDER JOHN E. DOWDELL , District Judge . The Court has for its consideration Plaintiff's Motion for Remand and Brief in Support (Doc. 28). Defendant filed a Response and Objection (Doc. 35), Plaintiff filed a Reply (Doc. 41), and both parties submitted supplemental briefs (Doc. 50, 51). I. Background Plaintiff Zeeco, Inc. ("Zeeco"), an Oklahoma corporation, contracted with Fernas Construction India Pvt. Ltd. ("Fernas") to supply and install a flare system at a site in India...
OPINION AND ORDER JOHN E. DOWDELL , District Judge . Before the Court is the Report & Recommendation ("R&R") (Doc. 14) of United States Magistrate Judge Gerald B. Cohn on review of a decision of the Commissioner of the Social Security Administration ("Commissioner") denying Dianna Machelle Garcia disability benefits. Judge Cohn recommends that the Court affirm the Commissioner's decision finding plaintiff not disabled. Plaintiff filed a timely Objection to the R&R in which she requests...
OPINION AND ORDER GREGORY K. FRIZZELL , Chief District Judge . This matter comes before the court on the Motion of Defendant Schlumberger Technology Corporation to Dismiss Counts 3 and 4 of the First Amended Complaint [Doc. #66]. For the reasons discussed below, the motion is granted. I. Background This matter relates to a License Agreement between H&P and Omron Oilfield & Marine, Inc., concerning certain software developed for use in the oil industry. The License Agreement granted...
OPINION AND ORDER GREGORY K. FRIZZELL , Chief District Judge . Before the court are the Motion for Modification or Reduction of Sentence Pursuant to U.S.C. 3582(c)(2) [Doc. No. 77] of the defendant, James Douglas Pielsticker, and the Motion to Dismiss Defendant's Motion for Modification or Reduction of Sentence Pursuant to 18 U.S.C. 3582(c)(2) [Doc. No. 79] of the United States. For the reasons set forth below, the court grants the United States' motion [Doc. No. 79] and dismisses...
OPINION AND ORDER CLAIRE V. EAGAN , District Judge . This is an employment discrimination case arising under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e, et seq. (Title VII). Now before the Court is defendant Great Plains Coca-Cola Bottling Company's motion to dismiss (Dkt. # 11). I. Background In her complaint, plaintiff Samantha Payne alleges the following facts: on August 14, 2012, defendant, a beverage bottling company, hired plaintiff, a female. Dkt. #...
OPINION AND ORDER CLAIRE V. EAGAN , District Judge . Now before the Court is Plaintiffs' Combined Motion for Remand and Brief in Support of Motion for Remand (Dkt. # 31). Plaintiffs argue that the notice of removal (Dkt. # 2) does not contain a plausible allegation that the amount in controversy exceeds $75,000 as to each plaintiff, and plaintiffs ask the Court to remand the case to Tulsa County District Court. This case is set for an evidentiary hearing December 21, 2017 on defendant...
OPINION AND ORDER FRANK H. McCARTHY , Magistrate Judge . Plaintiff, Kimberly Dawn Reece, 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 CLAIRE V. EAGAN , District Judge . This is a 42 U.S.C. 1983 civil rights action. Plaintiff Duane Harper, represented by counsel, filed an amended complaint on March 20, 2017 (Dkt. # 39) suing four defendants in their individual capacities: Officer Nicholas Tirello, Sergeant James Pirtle, Detention Officer David Oakes, and Detention Officer Sebastian Otalvaro. Three defendants—Tirello, Oakes and Otalvaro—moved to dismiss the amended complaint for failure to state a...
OPINION AND ORDER JOHN E. DOWDELL , District Judge . On September 29, 2017, this Court granted Defendant's Motion for Summary Judgment as to Plaintiff's failure-to-accommodate and retaliation claims under the ADA, as well as her claims of intentional infliction of emotional distress, violation of her personal rights pursuant to Okla. Stat. tit. 76, 6, and negligent training, hiring, and supervision. (Doc. 135 at 29). The Court denied summary judgment as to Plaintiff's wrongful...
OPINION AND ORDER CLAIRE V. EAGAN , District Judge . On November 27, 2017, defendants filed a motion for severance (Dkt. # 275), which the Court denied on December 5, 2017. Dkt. # 300. Now before the Court is defendants Victoria Truong and Cindy Nguyen's motion to reconsider the Court's denial of motion for severance (Dkt. # 306). In a criminal matter, "`a motion to reconsider may be granted when the court has misapprehended the facts, a party's position, or the law.'" United States v....
OPINION AND ORDER CLAIRE V. EAGAN , District Judge . Plaintiff Duane Harper commenced this 42 U.S.C. 1983 civil rights action on February 29, 2016, by filing a pro se complaint (Dkt. # 1) and a motion to proceed in forma pauperis (Dkt. # 2). In his complaint, Harper alleged that several detention officers or sheriff's deputies violated his constitutional rights by using excessive force against him while he was detained at the David L. Moss Criminal Justice Center, the facility that...
OPINION AND ORDER JOHN E. DOWDELL , District Judge . Before the Court is defendant Jasmine Lynch's motion to vacate, set aside, or correct sentence, filed under 28 U.S.C. 2255 (Doc. 72). In 2016, Ms. Lynch pleaded guilty to Sex Trafficking of a Child in violation of 18 U.S.C. 1591(a)(1), which subjected her to a mandatory term of "imprisonment for not less than 10 years" to a maximum of life under 1591(b)(2). On September 14, 2016, she was sentenced to the mandatory minimum of 120...
OPINION AND ORDER FRANK H. McCARTHY , Magistrate Judge . Plaintiff seeks an award of attorney fees in the amount of $4,757.40 under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412. [Dkt. 22]. The Commissioner has no objection to Plaintiff being awarded fees in the requested amount. [Dkt. 23]. The court finds that the amount of the fee request is reasonable. Based on that finding and the absence of any objection to the amount of the fee request, the undersigned finds that...
OPINION AND ORDER CLAIRE V. EAGAN , District Judge . Before the Court is plaintiff Stanley Filter Co., LLC's, motion for leave to file a first amended complaint (Dkt. # 40). Plaintiff seeks leave to amend its complaint in order to "add [defendant's] principal, Richard Schlabach, on theory of personal liability for all counts." Id. at 1. I. Background Plaintiff is a limited liability company organized and existing under the laws of Oklahoma. Dkt. # 2, at 1. Defendant is a limited...
OPINION AND ORDER JOHN E. DOWDELL , District Judge . Before the Court is the motion by defendant, Jose Bruno Piedra-Ayvar, to vacate, set aside, or correct sentence, filed under 28 U.S.C. 2255 (Doc. 152), along with supplements (Doc. 155, 157) he subsequently filed. I. Defendant's conviction and sentence The defendant, Jose Bruno Piedra-Ayvar, was charged by Superseding Indictment. (Doc. 58). He subsequently pleaded guilty to Count One, possession of methamphetamine with intent to...
OPINION AND ORDER JOHN E. DOWDELL , District Judge . I. Background Before the Court is the motion of defendant, Victor Ross Chappell, under 28 U.S.C. 2255, to vacate, set aside, or correct sentence (Doc. 64), as amended and supplemented (Doc. 68, 82). In 2014, Chappell pleaded guilty to possession of a firearm and ammunition after felony conviction, in violation of 18 U.S.C. 922(g)(1). A conviction under 922(g)(1) would typically carry a maximum 10-year sentence. However, because...
OPINION AND ORDER JOHN E. DOWDELL , District Judge . Before the Court is a "Motion for Reduction of Sentence Under Rule 35(b)(2)(C) [and] Alternative Motion for Writ of Audita Querela 1651," filed by the defendant, Harold Wells. (Doc. 306). Mr. Wells, a former police officer, was indicted on July 19, 2010 on Counts 1 through 10 of an Indictment which charged that he had conspired to violate the civil rights of a person, conspired to possess and distribute and aided and abetted the...
OPINION AND ORDER GREGORY K. FRIZZELL , Chief District Judge . Before the court is the Motion to Dismiss for Failure to State a Claim [Doc. #39] of defendants Care Plus Home Health Care, Inc., Prasad Itty, and Kumar Govind (collectively, "defendants"). For the reasons set forth herein, the motion is granted in part and denied in part. I. Factual Background Defendant Care Plus Home Health Care, Inc. is a certified home health agency purportedly owned and operated by individual defendants...
OPINION AND ORDER TO GRANT PLAINTIFF'S MOTION FOR ATTORNEY FEES GERALD B. COHN , Magistrate Judge . Before the Court are Plaintiff's Motion for Attorney Fees pursuant to 42 U.S.C. 406(b). (Doc. 33). In Plaintiff's Motion, Plaintiff's counsel seeks approval of an attorney fee award of $15,000.00 pursuant to 42 U.S.C. 406(b) and the terms of the contingency fee contract between Plaintiff and counsel. (Doc. 33). I. STANDARD OF REVIEW Unlike fees awarded under other statutes such as the...
