OPINION AND ORDER GREGORY K. FRIZZELL , Chief District Judge . This is a habeas corpus action. Before the Court are four motions: Respondent's motion to dismiss the petition for failure to exhaust state remedies (Dkt. 21), and Petitioner's three motions to stay the habeas proceeding (Dkt. 19, 25, 28). 2 For the reasons discussed below, the Court denies Respondent's motion to dismiss the petition, grants Petitioner's first motion for a stay and declares moot Petitioner's second and third...
OPINION AND ORDER FRANK H. McCARTHY , Magistrate Judge . Plaintiffs' Motion for Sanctions, [Dkt. 24], is before the undersigned United States Magistrate Judge for determination. The matter has been fully briefed and is ripe for decision. Plaintiffs' brief outlines contentious interactions between counsel concerning scheduling of depositions, the conduct of depositions, and the timing of the production of documents requested by subpoena duces tecum. Plaintiffs assert that Defendant failed...
OPINION AND ORDER GREGORY K. FRIZZELL , District Judge . This matter comes before the court on the Motion for Summary Judgment [Doc. 40] of defendants Scott Chambless and the City of Owasso. For the reasons discussed herein, the motion is granted. I. Background/Procedural History This is the second of two civil lawsuits brought against the City of Owasso by plaintiff Mike Denton pursuant to 42 U.S.C. 1983, the federal civil rights statute. Denton began working for the City of Owasso...
OPINION AND ORDER FRANK H. McCARTHY , Magistrate Judge . Plaintiff seeks an award of attorney fees in the amount of $12,575.20 under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412. [Dkt. 29]. The Commissioner has no objection to Plaintiff being awarded fees in the requested amount. [Dkt. 34]. 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 GREGORY K. FRIZZELL , District Judge . Before the court is the Motion to Transfer [Doc. 17] filed by defendant 3-B Cattle Company, Inc. ("3-B"), which asks the court to transfer this case to the United States District Court for the District of Kansas pursuant to 28 U.S.C. 1404. For the reasons set forth below, the motion is granted. I. Background The plaintiffs in this case are Kelvin Morgan and Susan Morgan, who reside and do business in Oklahoma. The defendant, 3-B,...
OPINION & ORDER JOHN E. DOWDELL , District Judge . Before the Court is Defendant Whiting-Turner Contracting Company ("Whiting-Turner")'s Daubert Motion to Exclude Plaintiff's Lost Earnings Opinions. (Doc. 53). Plaintiff has submitted a response (Doc. 56), and Whiting-Turner has submitted a reply (Doc. 60). I. Background This is a slip and fall case in which Plaintiff alleges that he sustained serious injury after tripping at his work site on May 5, 2015. Plaintiff has retained an...
OPINION AND ORDER CLAIRE V. EAGAN , District Judge . This is a 28 U.S.C. 2254 habeas corpus action. Before the Court are two motions: respondent's motion to dismiss the habeas petition for failure to exhaust necessary state remedies (Dkt. # 7), and petitioner's motion to stay the habeas proceeding pending exhaustion of state remedies (Dkt. # 6). For the reasons discussed below, the Court denies petitioner's motion for a stay. Within 14 days of the entry of this Opinion and Order,...
OPINION AND ORDER CLAIRE V. EAGAN , District Judge . Now before the Court is petitioner's show-cause response (Dkt. # 15) addressing the procedural default of his 28 U.S.C. 2254 habeas claim. For the reasons below, the Court will dismiss the habeas petition. I. Petitioner filed his habeas petition (Dkt. # 1) on October 10, 2017. He challenges his Tulsa County District Court convictions arising from a robbery incident in 2013. See Dkt. # 1 at 6. Petitioner allegedly forced two men to...
OPINION AND ORDER JOHN E. DOWDELL , District Judge . Before the Court is the Motion for Partial Summary Judgment on Punitive Damages (Doc. 26) filed by the defendant, Whiting-Turner Contracting Company ("Whiting-Turner"). Plaintiff has submitted a Response (Doc. 47), and Whiting-Turning has filed a Reply (Doc. 51). Because the undisputed facts in this case were outlined in the Court's recent Opinion (Doc. 61) denying Whiting-Turner's global summary judgment, the Court will not repeat them...
OPINION AND ORDER FRANK H. McCARTHY , Magistrate Judge . Defendant George Shipman's Motion for Protective Order, [Dkt. 38], and Plaintiffs' Motion to Compel Discovery Responses, [Dkt. 43], have been referred to the undersigned United States Magistrate Judge. The motions have been fully briefed and the matters are ripe for decision. The present action was filed in this court as a post judgment proceeding in aid of execution on a final judgment rendered against Defendant in the Eastern...
OPINION AND ORDER JOHN E. DOWDELL , District Judge . Before the Court is the Motion to Dismiss or, in the Alternative, Motion to Transfer under 28 U.S.C. 1404 (Doc. 12, 13) filed by the defendant, American Red Cross, also known as the American Red Cross Southwest Blood Services Region ("Red Cross"). I. Background Plaintiff, Diana Hunter ("Hunter"), initiated this action in Tulsa County District Court based upon three alleged incidents of workplace discrimination by her employer, the...
OPINION AND ORDER CLAIRE V. EAGAN , District Judge . This is a habeas corpus action. Before the Court is respondent's motion to dismiss (Dkt. # 9). Respondent asserts that petitioner failed to exhaust administrative remedies before commencing this federal habeas corpus action to challenge the execution of his sentence. Petitioner did not file a response to the motion, and the time for doing so has expired. For the reasons discussed below, the Court finds that respondent's motion to...
OPINION AND ORDER JOHN E. DOWDELL , District Judge . Before the Court is the Motion to Dismiss or, in the Alternative, Motion to Transfer under 28 U.S.C. 1404 (Doc. 12, 13) filed by the defendant, American Red Cross, also known as the American Red Cross Southwest Blood Services Region ("Red Cross"). I. Background Plaintiff, Diana Hunter ("Hunter"), initiated this action in Tulsa County District Court based upon three alleged incidents of workplace discrimination by her employer, the...
OPINION AND ORDER GREGORY K. FRIZZELL , Chief District Judge . Before the court is the motion to stay [Doc. 62] of defendants McKesson Corporation, Cardinal Health, Inc., and AmerisourceBergen Drug Corporation. The movants seek a stay of proceedings pending a final decision by the Judicial Panel on Multidistrict Litigation ("JPML") as to the transfer of this action to a multidistrict litigation pending in the Northern District of Ohio, In re National Prescription Opiate Litigation, MDL...
OPINION AND ORDER GREGORY K. FRIZZELL , Chief District Judge . Before the court is the motion to stay [Doc. 66] of defendants McKesson Corporation, Cardinal Health, Inc., and AmerisourceBergen Drug Corporation. The movants seek a stay of proceedings pending a final decision by the Judicial Panel on Multidistrict Litigation ("JPML") as to the transfer of this action to a multidistrict litigation pending in the Northern District of Ohio, In re National Prescription Opiate Litigation, MDL...
OPINION AND ORDER CLAIRE V. EAGAN , District Judge . Now before the Court are Bank of America, N.A.'s motion to dismiss amended counterclaim and third-party petition (Dkt. # 13) and Thomas Barnard's objection to removal and motion to remand to state court (Dkt. # 18). Bank of America, N.A. (Bank of America) filed this foreclosure action against Thomas Edward Barnard and others in Tulsa County District Court. On August 3, 2018, Barnard filed amended counterclaims and a third-party petition...
OPINION AND ORDER CLAIRE V. EAGAN , District Judge . Now before the Court is plaintiff's motion to dismiss (Dkt. # 15) her claims with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2). Plaintiff filed this action on June 4, 2018, alleging that defendant violated the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692 et seq. Dkt. # 2. Defendant filed an answer on July 3, 2018. Dkt. # 7. On September 11, 2018, the Court issued a scheduling order, inter alia ,...
OPINION AND ORDER CLAIRE V. EAGAN , District Judge . Now before the Court is plaintiff's motion for award of attorney fees pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412 (EAJA) (Dkt. # 28). Plaintiff requests $5,801.90 in attorney fees pursuant to the EAJA. Id. at 1. Defendant filed a response in opposition to plaintiff's motion for EAJA fees (Dkt. # 29), arguing that her position was substantially justified. On May 19, 2017, plaintiff filed this case seeking judicial...
OPINION AND ORDER CLAIRE V. EAGAN , District Judge . Now before the Court is plaintiff's motion for award of attorney fees pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412 (EAJA) (Dkt. # 28). Plaintiff requested $6,446.30 in attorney fees pursuant to the EAJA. Id. at 1. Defendant filed a response in opposition to plaintiff's motion for EAJA fees (Dkt. # 29), arguing that her position was substantially justified. Plaintiff filed a reply to defendant's objection (Dkt. # 30)....
OPINION AND ORDER JOHN E. DOWDELL , District Judge . Before the Court is the Motion for Summary Judgment (Doc. 25) filed by the defendant, Whiting-Turner Contracting Company ("Whiting-Turner"). Defendant argues that because Plaintiff was aware of the hazard that allegedly caused his injury, he has no basis for a premises liability claim. Plaintiff, in turn, argues that Defendant's duty to keep the premises in a reasonably safe condition is not obviated by Plaintiff's knowledge about the...
