ORDER TIMOTHY D. DeGIUSTI, District Judge. This is an action between an insurer and its insureds concerning whether a particular loss is covered under the relevant provisions of an underlying insurance policy. Before the Court are Plaintiff Atain Speciality Insurance Company's ("Atain") Motion for Summary Judgment [Dkt. #46] and Defendant Native American Services Corp.'s ("NASCO") Motion for Summary Judgment [Dkt. #48], filed pursuant to Fed.R.Civ.P. 56(c). Atain seeks a declaratory...
ORDER TIMOTHY D. DeGIUSTI, District Judge. Before the Court is the motion for summary judgment [Doc. No. 34] of Defendant Oklahoma City University ("OCU"). Plaintiff timely responded, and OCU filed a reply. OCU seeks judgment on all claims asserted by Plaintiff, arguing that the undisputed material facts establish it is entitled to judgment as a matter of law in accordance with Fed.R.Civ.P. 56. Background: Plaintiff asserts claims resulting from OCU's failure to select her for the...
ORDER JOE HEATON, District Judge. Plaintiffs, Hobby Lobby Stores, Inc., Mardel, Inc., David Green, Barbara Green, Steve Green, Mart Green and Darsee Lett sued Kathleen Sebelius, Secretary of the United States Department of Health and Human Services ("HHS"), and other government officials and agencies challenging regulations issued under the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, 124 Stat. 119 (2010), as amended by the Heath Care and Education Reconciliation Act,...
ORDER TIM LEONARD, District Judge. Plaintiff, Dr. Jan K. Voda, is the holder of United States Patent No. 6,083,213 ("the '213 patent"), which was issued by the United States Patent and Trademark Office on July 4, 2000. Exhibit 1 to Complaint (Doc. No. 1). The '213 patent contains method claims; that is, it relates to plaintiff's inventive technique for using a guiding catheter to perform angioplasty of the left coronary artery using the femoral approach. On January 22, 2009, plaintiff filed...
ORDER JOE HEATON, District Judge. Plaintiff New Gaming Systems, Inc. ("NGS") filed this action against the National Indian Gaming Commission ("NIGC"), its chairman and vice chairman, the Sac and Fox Nation ("Nation") and the Sac & Fox Business Enterprise ("Enterprise"), seeking judicial review of a final decision of the NIGC under the Administrative Procedure Act ("APA"), 5 U.S.C. 701-706. The dispute arises out of an equipment lease and promissory note NGS, the Nation and the Enterprise...
ORDER VICKI MILES-LaGRANGE, Chief Judge. Defendants in the above-referenced cases have filed motions for judgment on the pleadings as to plaintiffs' request for medical monitoring relief. This matter has been fully briefed. Based upon the parties' submissions, the Court makes its determination. I. Background Plaintiffs in the above-referenced cases have sued defendants based upon their operations at a facility on Osage Road in Duncan, Oklahoma (the "Site"). The Site was used to conduct...
ORDER LEE R. WEST, District Judge. On July 6, 2012, United States Magistrate Judge Gary M. Purcell issued a Report and Recommendation in this case and recommended that the decision of defendant Michael J. Astrue, Commissioner of the Social Security Administration ("Commissioner"), denying the Application for Disability Insurance Benefits filed by plaintiff Teresa A. Beasley be affirmed. Beasley was advised of her right to file written objections to the Report and Recommendation, and the...
MEMORANDUM OPINION AND ORDER ROBIN J. CAUTHRON, District Judge. Plaintiff Deborah Pipkin-Sullivan ("Plaintiff") brought the present suit under 42 U.S.C. 405(g) seeking review of Defendant Commissioner's ("Defendant" or "Commissioner") final decision denying Plaintiff's application for supplemental security income and insurance benefits based on disability. BACKGROUND On April 21, 2008, Plaintiff applied for supplemental security income and insurance benefits based on disability. In that...
ORDER JOE HEATON, District Judge. Plaintiffs, The Absentee Shawnee Housing Authority ("ASHA") and the Housing Authority of the Seminole Nation of Oklahoma ("HASNOK"), filed this action under the Administrative Procedure Act, 5 U.S.C. 701-706 ("APA"), against the United States Department of Housing and Urban Development ("HUD"), claiming the agency wrongfully withheld and recaptured grant funds paid to plaintiffs pursuant to the Native American Housing and Self-Determination Act of 1996,...
ORDER TIMOTHY D. DeGIUSTI, District Judge. Before the Court is Defendant's pro se filing entitled, "Motion for (18 U.S.C.) 3582(c)(2) 750 Amendment Drug Amount Reduction" [Doc. No. 399]. At the time the Motion was filed on February 21, 2012, its purpose was unclear. The Court had already reduced Defendant's sentence upon a joint motion filed through counsel, Federal Public Defender Susan M. Otto, who was appointed to represent him for the purpose of a sentence reduction under 18 U.S.C....
ORDER TIMOTHY D. DeGIUSTI, District Judge. Before the Court is the Plaintiff's Motion for a Preliminary Injunction [Doc. No. 51]. The defendants timely filed objections to the motion. On August 8, 2012, the Court conducted a hearing at which all parties appeared by counsel. The preliminary injunction motion was filed on July 30, 2012, shortly before the Court conducted a hearing on Plaintiff's motion for a temporary restraining order ("TRO"). 1 On August 3, 2012, 2012 WL 3203026, the Court...
ORDER TIMOTHY D. DeGIUSTI, District Judge. Before the Court is Plaintiff's Motion for Default Judgment [Doc. No. 46]. Despite diligent efforts, Plaintiff has been unable to obtain personal service on Defendant Turan Kaya, who was previously served by publication. By her Motion she seeks a judgment by default pursuant to Fed. R. Civ. P. 55 "in the amount of $100,000 for actual damages." See Pl.'s Motion, 9. Defendant Y&Z Transportation Corporation opposes the Motion, which is fully...
ORDER TIMOTHY D. DeGIUSTI, District Judge. Petitioner, a state prisoner appearing pro se, brought this action for a writ of habeas corpus pursuant to 42 U.S.C. 2254. In accordance with 28 U.S.C. 636(b)(1)(B) and (C), the matter was referred to United States Magistrate Judge Bana Roberts for initial proceedings. After reviewing the Petition pursuant to Rule 4 of the Rules Governing Section 2254 Cases, the Magistrate Judge filed a Report and Recommendation [Doc. No. 10] in which she...
ORDER TIMOTHY D. DeGIUSTI, District Judge. Before the Court is the motion to dismiss [Doc. No. 56] of Hormel Foods Corporation ("Hormel"). Hormel seeks dismissal pursuant to Fed. R. Civ. P. 12(b)(2), arguing this Court lacks personal jurisdiction. Plaintiffs have responded to the motion, and Hormel filed a reply. In their response, Plaintiffs asked the Court to permit them to conduct discovery on the issue of personal jurisdiction. On July 13, 2012, the Court entered its Order [Doc. No. 135]...
ORDER TIMOTHY D. DeGIUSTI, District Judge. Plaintiff Cimarron Telephone Company, Inc. is suing Defendant Southwestern Bell Telephone Company, d/b/a AT&T Oklahoma, to recover money allegedly owed under a memorandum of understanding, and an order of the Oklahoma Corporation Commission, Order No. 454045 (the "Order"), establishing a method by which Plaintiff and other Incumbent Local Exchange Carriers ("ILECs") are paid for calls received from Defendant and delivered to local customers in...
ORDER TO SHOW CAUSE AND REPORT AND RECOMMENDATION GARY M. PURCELL, Magistrate Judge. On January 18, 2012, Plaintiff, a state detainee appearing pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. 1983. The matter has been referred to the undersigned Magistrate Judge for initial proceedings consistent with 28 U.S.C. 636(b)(1)(B). In his second Amended Complaint filed February 24, 2012 (Doc. # 20), Plaintiff asserts numerous constitutional deprivations and...
ORDER DAVID L. RUSSELL, District Judge. This matter comes before the Court on the Motion for Temporary Restraining Order and Preliminary Injunction, filed by Plaintiffs Sierra Club, Clean Energy Future Oklahoma, and East Texas Regional Planning Commission [Doc. No. 21], pursuant to Federal Rule of Civil Procedure 65(a). Defendants and the TransCanada Intervenors responded in opposition to the motion. The Court conducted a hearing on August 3, 2012, and having considered the parties'...
ORDER TIMOTHY D. DeGIUSTI, District Judge. Before the Court is the Defendant's motion to dismiss [Doc. No. 1-3] for failure to perfect service within the requisite time period. Defendant's motion seeks dismissal pursuant to Oklahoma law, Okla. Stat. tit. 12 2004(I) and 2012(B), because the motion was filed prior to the removal of this action from the District Court of Texas County, Oklahoma. Plaintiff filed her response to the motion after the action was removed. 1 Defendant argues...
ORDER TIMOTHY D. DeGIUSTI, District Judge. This matter is before the Court for review of the Report and Recommendation [Doc. No. 65], issued by United States Magistrate Judge Gary M. Purcell pursuant to 28 U.S.C. 636(b)(1). As pertinent here, Judge Purcell recommends that Plaintiff's motions for injunctive relief be denied, and that Defendant Carrie Davis's motion to file a surreply brief be denied as moot. 1 Plaintiff John Charles Gauthier, who appears pro se, has filed a timely...
ORDER STEPHEN P. FRIOT, District Judge. Petitioner, a state prisoner, brings this action seeking habeas relief under 28 U.S.C. 2254. Magistrate Judge Bana Roberts entered her Report and Recommendation in this matter on June 29, 2012, recommending that the petition be denied. Doc. no. 20 Petitioner filed objections to the magistrate judge's recommended findings and conclusions. Doc. no. 21. The court reviews all objected to matters de novo. Upon review, and having considered defendant's...
