OPINION AND ORDER CLAIRE V. EAGAN , District Judge . Now before the Court is Defendants Joshua Dupler, Anthony First, and Kurt Dodd's Motion to Dismiss Plaintiff's First Amended Complaint (Dkt. # 29). The individual defendants argue that they are entitled to qualified immunity from plaintiff Jack Talbot Morris' claims under 42 U.S.C. 1983, and they also assert that plaintiff has failed to state a claim upon which relief can be granted under state or federal law. Dkt. # 29. I. On...
OPINION AND ORDER GREGORY K. FRIZZELL , District Judge . This matter comes before the court on the Motion for Summary Judgment [Doc. 98] of third-party defendant Crafton Tull & Associates, Inc. For the reasons set forth below, the motion is denied. I. Background and Procedural History This case arises from alleged violations of the Fair Housing Act ("FHA"), Americans with Disabilities Act ("ADA"), Rehabilitation Act, and Uniform Federal Accessibility Standards ("UFAS") at the Cherokee...
OPINION AND ORDER CLAIRE V. EAGAN , District Judge . Now before the Court is petitioner's 28 U.S.C. 2254 habeas corpus petition (Dkt. # 1). For the reasons below, the petition will be denied. I. This cases arises from petitioner's murder convictions. The investigation began in 2006, when police discovered that two women had been stabbed to death in a Tulsa apartment. See Dkt. # 8-9, at 248; see also Dkt. # 8-16, at 58. Police collected blood samples from bathroom tissue and the...
OPINION AND ORDER CLAIRE V. EAGAN , District Judge . Now before the Court is petitioner's 28 U.S.C. 2254 habeas corpus petition (Dkt. # 1). For the reasons below, the petition will be denied. I. This cases arises from a series of commercial robberies in Tulsa and Collinsville, Oklahoma. The robberies, which took place between July 14 and July 25, 2014, featured the same modus operandi. See Dkt. # 5-1, at 9-13; see also Dkt. # 6-5, at 114. Two armed, African-American men entered...
OPINION AND ORDER GREGORY K. FRIZZELL , District Judge . This matter comes before the court on the Motion for Partial Summary Judgment Against Plaintiff Della Shaw [Doc. 92]; Motion for Partial Summary Judgment Against Plaintiff Mary Rand [Doc. 97]; Motion for Partial Summary Judgment Against Plaintiff Sherlyne Turner [Doc. 103]; and Motion for Partial Summary Judgment Against Plaintiff Bertha Johnson [Doc. 104] of defendants Cherokee Meadows, LP; Carland Group, LLC; and Carland...
OPINION AND ORDER JOHN E. DOWDELL , Chief District Judge . Before the Court is William Stefvon Hurt's 28 U.S.C. 2254 habeas corpus petition (Doc. 4). Hurt challenges his first-degree murder conviction in Tulsa County District Court, Case No. CF-2010-1963. For the reasons below, the Court will deny the petition. I. Background This case stems from a fatal shooting at Cheyenne Park in Tulsa. On the evening of May 16, 2010, Petitioner and his co-defendant, Jerlon Morgan, encountered...
OPINION AND ORDER CLAIRE V. EAGAN , District Judge . Now before the Court is plaintiff Anthony Clarence DeSmet's motion to remand (Dkt. # 13). Plaintiff asks the Court to remand his case to state court, arguing that the parties are not completely diverse. Defendants state in their notice of removal that there is complete diversity, and that plaintiff fraudulently joined defendant CSAA Insurance Exchange to defeat diversity (Dkt. # 2). I. Plaintiff alleges that on March 5, 2018, he was...
OPINION AND ORDER TERENCE KERN , District Judge . Before the Court is the Motion to Exclude Certain Opinion Testimony by Defendant Imersion Global Incorporated's Expert Witness Terri Parrish ("Parrish") (Doc. 39) filed by Plaintiff Oklahoma Digital Abstract, LLC ("ODA"). Defendant Imersion Global Incorporated ("Imersion") opposes the motion. Doc. 49. I. Background On October 16, 2013, ODA and Imersion entered into two letter agreements, pursuant to which Imersion was to assist ODA in...
OPINION AND ORDER TERENCE C. KERN , District Judge . Before the Court is the Motion for Summary Judgment filed by Defendant Imersion Global Incorporated ("Imersion"). Doc. 40. Plaintiff Oklahoma Digital Abstract, LLC ("ODA") opposes the motion. Doc. 47. I. Summary Judgment Standard Summary judgment is appropriate "if the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material...
OPINION AND ORDER CLAIRE V. EAGAN , District Judge . Now before the Court is petitioner's 28 U.S.C. 2254 habeas corpus petition (Dkt. # 1). For the reasons below, the petition will be denied. I. This cases arises from petitioner's murder conviction. The victim, Emily Clark, was friendly with petitioner and her boyfriend, Michael Lyke. See Dkt. # 7-5, at 128-29. On the day of her death, police stopped the victim for suspected prostitution. Id. at 20. Officers escorted her to her...
OPINION AND ORDER CLAIRE V. EAGAN , District Judge . Now before the Court is defendant Oklahoma State University Center for Health Sciences's (OSU-CHS) motion to dismiss for lack of subject matter jurisdiction (Dkt. # 10). OSU-CHS argues that plaintiff's state law negligence claim is barred by Eleventh Amendment sovereign immunity, and that plaintiff's case against it should be dismissed for lack of subject matter jurisdiction. Plaintiff has not filed a response, and her time to do so has...
OPINION AND ORDER FRANK H. McCARTHY , Magistrate Judge . The Government's Motion for Summary Judgment, [Dkt. 28-SEALED], is before the Court. The matter has been briefed, [Dkt. 28, 32], and is ripe for decision. Background 1 Following an encounter with a Park Ranger and the Claimant, Derek Braswell, 2 had a mental evaluation at Wagoner Community Hospital and was recommended for inpatient hospitalization for stabilization. The evaluating doctor also signed a Petition for Involuntary...
OPINION AND ORDER CLAIRE V. EAGAN , District Judge . Now before the Court is defendant's Petition for Writ of Audita Querela (Dkt. # 507). Defendant argues that the Court imposed an excessive sentence "based on an erroneous belief that drug offenders pose a significant danger to the community," and he asks the Court to vacate his sentence. Dkt. # 507, at 1. Defendant claims that he can proceed under the common law writ of audita querela, but he wholly fails to address whether he would be...
OPINION AND ORDER FRANK H. McCARTHY , Magistrate Judge . Plaintiff's Motion to Compel Discovery from Defendant Bret Bowling in his Official Capacity, [Dkt. 141], has been fully briefed, [Dkts. 150, 151], and is ripe for decision. Plaintiff seeks an Order compelling Defendant Bowling to produce the DVR server to a third party vendor for a forensic examination at Defendant Bowling's expense. Defendant responds that Plaintiff should first be required to copy and review an external hard...
OPINION AND ORDER FRANK H. McCARTHY , Magistrate Judge . Plaintiff's Motion to Compel Discovery from Defendant Labbee, [Dkt. 130], has been fully briefed, [Dkts. 148, 152], and is ripe for decision. Plaintiff seeks an Order compelling Defendant Labbee to respond to three interrogatories which require the identification of Defendant Labbee's phone, social media accounts, and email accounts. Defendant objects arguing that the identification of the phone, social media accounts, and email...
OPINION AND ORDER CLAIRE V. EAGAN , District Judge . Now before the Court is defendant Edd Tawon Payne's motion to vacate, set aside, or correct sentence under 28 U.S.C. 2255 (Dkt. # 73). Section 2255 provides that "[a] prisoner in custody under sentence of a court established by Act of Congress claiming the right to be released upon the ground that the sentence was imposed in violation of the Constitution or laws of the United States. . . may move the court which imposed the sentence...
OPINION AND ORDER CLAIRE V. EAGAN , District Judge . Now before the Court is defendant's motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. 2255 (Dkt. # 90). Section 2255 provides that "a prisoner in custody under sentence of a court established by Act of Congress claiming the right to be released upon the ground that the sentence was imposed in violation of the Constitution or law of the United States . . . may move the court which imposed the sentence to vacate,...
OPINION AND ORDER TERENCE C. KERN , District Judge . Before the Court is the Motion to Exclude Opinion Testimony of Chaney Haynes filed by Defendant Imersion Global Incorporated ("Imersion"). Doc. 41. Plaintiff Oklahoma Digital Abstract, LLC ("ODA") opposes the motion. Doc. 48. I. Background This lawsuit arises from a dispute over work performed by Imersion for ODA pursuant to two letter agreements between the parties. ODA alleges that Imersion's founder and president, Anil K. Adoni ("...
OPINION AND ORDER GREGORY K. FRIZZELL , District Judge . This is a trademark infringement action brought by plaintiff Choice Hotels International, Inc. against defendant Papamkrupa Hospitality, LLC ("PHL"). Before the court is the Motion of Choice Hotels to Enforce a Settlement Agreement [Doc. 40]. For the reasons set forth below, the motion is granted. I. Background The following facts are not in dispute. On July 2, 2019, Choice Hotels notified the court that "the parties have reached...
OPINION AND ORDER CLAIRE V. EAGAN , District Judge . Now before the Court are plaintiff Woolslayer Companies, Inc.'s (WCI's) and plaintiffintervenors Joseph Woolslayer's, Homer J. Woolslayer's, and John M. Woolslayer's motions to alter or amend judgment (Dkt. ## 31, 32, 33). On October 25, 2019, the Court entered an opinion and order (Dkt. # 29) dismissing WCI's declaratory judgment action. The Court applied the Tenth Circuit's Mhoon 1 factors and dismissed WCI's lawsuit because a...
