ORDER TIMOTHY D. DeGIUSTI, District Judge. Before the Court is Defendants' Motion to Dismiss [Doc. No. 11], filed pursuant to Fed.R.Civ.P. 12(b)(1) and (6). Plaintiff has responded in opposition to the Motion, which is fully briefed and at issue. Plaintiff is African-American and a tenured associate professor at Cameron University (the "University"). In this removed case, Plaintiff brings suit under Title VII of the Civil Rights Act of 1964 as amended, 42 U.S.C. 2000e et seq. ("Title...
ORDER JOE HEATON, District Judge. Plaintiff Allegiant Marketing Group, Inc. ("Allegiant") sued May Avenue Ford, L.L.C., Chad Brooks, Accelerated Dealer Services, LLC, Platinum Plus Printing, LLC, M & N Dealerships V, LLC, Veugeler Design Group, Inc., and M & N Dealerships IV, LLC alleging claims under the federal Copyright Act and a claim under state law for interference with prospective business interests. Defendants have filed motions to dismiss plaintiff's tortious interference claim,...
ORDER JOE HEATON, District Judge. Plaintiffs, Cowboys for Life ("CFL"), 1 and Jennifer M. Ortman and Joshua R. Bowman, officers of "CFL," filed this action against, among others, Burns Hargis, the president of Oklahoma State University ("OSU"), in his official and individual capacities, Jason Ramsey, the Chief Executive Officer of the Board of Regents of OSU, in his official capacity, the members of the Board of Regents of OSU ("Regents"), in their official capacities, and certain...
ORDER TIM LEONARD, District Judge. On July 8, 2013, Joy L. Halliburton and 47 other named plaintiffs filed an action seeking damages in the District Court of Pottawatomie County, Oklahoma. Plaintiffs named as defendants Johnson & Johnson and Ethicon, Inc., two New Jersey companies who are engaged in the business of designing, manufacturing, and distributing pelvic mesh products. 1 Halliburton v. Johnson & Johnson, Case No. CIV-13-832-L, Petition at 9 (Doc. No. 1-1). Plaintiffs assert...
ORDER JOE HEATON, District Judge. Plaintiff David Madden filed this 1983 action against defendants Regional University System of Oklahoma ("RUSO"), Northeastern State University ("NSU"), and Cari Keller and Phillip Bridgmon, both individually and in their official capacities, for alleged violations of various constitutional rights relating to the decision to not renew his contract for the 2013-2014 academic year. Defendants have filed a motion to dismiss arguing that they are protected by...
ORDER JOE HEATON, District Judge. The court previously dismissed plaintiff's complaint, following removal of the case to this court, because it did not meet federal pleading standards. Order, June 24, 2013 [Doc. #26]. Plaintiff subsequently filed an amended complaint supplying some additional detail. Defendants Williams has again moved to dismiss all claims in the amended complaint on the same general grounds, plus assertion of governmental tort claims immunity and qualified immunity as to...
ORDER VICKI MILES-LaGRANGE, Chief District Judge. Before the Court is defendant Pro-Tec Fire Services, Ltd.'s ("Pro-Tec") Motion to Compel Discovery Responses from plaintiff, filed July 26, 2013. On August 16, 2013, plaintiff filed his response, and on August 23, 2013, Pro-Tec filed its reply. Based upon the parties' submissions, the Court makes its determination. I. Introduction This matter arises from plaintiff Aaron Peeler's termination from employment with Pro-Tec. Pro-Tec employed...
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND JUDGMENT TIMOTHY D. DeGIUSTI, District Judge. I. Background: Plaintiff Eric Brown ("Brown") brought this action to recover damages for injuries allegedly sustained in an August 28, 2009 accident in which Brown's parked tractor-trailer was struck by a tractor-trailer driven by Defendant Jimmy Watkins ("Watkins"). As explained in more detail herein, while attempting to park his tractor-trailer, Watkins backed into Brown's vehicle. At the time,...
ORDER TIMOTHY D. DeGIUSTI, District Judge. Before the Court is the motion to dismiss [Doc. No. 70] filed jointly by Defendants The Dental Lodge, PLC, and Gabe D. Nabors (the "Dental defendants"). The Dental defendants seek dismissal pursuant to Fed. R. Civ. P. 12(b)(1), arguing that the Court lacks subject matter jurisdiction to adjudicate this declaratory judgment action because there is no justiciable controversy. 1 Plaintiff Essex Insurance Company ("Essex") timely responded, and the...
ORDER VICKI MILES-LaGRANGE, District Judge. On August 19, 2013, United States Magistrate Judge Shon R. Erwin issued a Report and Recommendation in this action brought pursuant to 42 U.S.C. 405(g) for judicial review of the final decision of the Commissioner of the Social Security Administration ("Commissioner") denying plaintiff's applications for disability insurance benefits and supplemental security income benefits under the Social Security Act. The Magistrate Judge recommended the...
REPORT AND RECOMMENDATION SHON T. ERWIN, Magistrate Judge. Plaintiff brings this action pursuant to 42 U.S.C. 405(g) for judicial review of the final decision of the Commissioner of the Social Security Administration denying Plaintiff's applications for disability insurance benefits (DIB) and supplemental security income benefits (SSI) under the Social Security Act. This matter has been referred to the undersigned magistrate judge for initial proceedings consistent with 28 U.S.C. 636(b)(1)(...
ORDER VICKI MILES-LaGRANGE, District Judge. On August 5, 2013, United States Magistrate Judge Gary M. Purcell issued a Report and Recommendation in this action in which plaintiff seeks judicial review of the final decision of defendant Acting Commissioner of Social Security Administration ("Commissioner") denying plaintiff's applications for disability insurance and supplemental security income benefits under Title II and Title XVI of the Social Security Act, 42 U.S.C. 416(i), 423, 1382....
REPORT AND RECOMMENDATION GARY M. PURCELL, Magistrate Judge. Plaintiff seeks judicial review pursuant to 42 U.S.C. 405(g) of the final decision of Defendant Commissioner denying her applications for disability insurance and supplemental security income benefits under Title II and Title XVI of the Social Security Act, 42 U.S.C. 416(i), 423, 1382. Defendant has answered the Complaint and filed the administrative record (hereinafter TR___), and the parties have briefed the issues. The...
ORDER DAVID L. RUSSELL, District Judge. Before the Court is the Report and Recommendation of United States Magistrate Judge Shon T. Erwin entered August 14, 2013. Doc. No. 17. No objection to the Report and Recommendation has been filed nor has an extension of time in which to object been sought or granted. Therefore, the Report and Recommendation of the Magistrate Judge is ADOPTED in its entirety and the decision of the Commissioner of Social Security Administration is AFFIRMED. IT IS SO...
ORDER VICKI MILES-LaGRANGE, Chief District Judge. Before the Court is Plaintiffs' Motion to Strike Defendants' Motions in Limine, filed July 29, 2013. Defendants Landon Speed, Jim Ashford, Baker Petroleum and Investment, Inc., and Todd Baker's ("the Baker Group") response was filed on August 19, 2013. Defendant Windsor Energy Group, LLC's ("Windsor") response was also filed on August 19, 2013. Defendant Mayhem Oil & Gas Inc. ("Mayhem") filed its response on August 21, 2013. Plaintiffs' reply...
ORDER VICKI MILES-LaGRANGE, Chief District Judge. Before the Court is defendant TRS Technologies, Inc.'s ("TRS") Motion to Dismiss, filed July 3, 2013. On July 31, 2013, plaintiff filed his response, and on August 7, 2013, TRS filed its reply. I. Background Defendant Tulsa Gamma Ray, Inc. ("TGR") provides various services to its customers, including non-destructive testing of manufactured and fabricated products. TRS provides skilled technical employees to its customers. TGR is one of TRS'...
ORDER JOE HEATON, District Judge. Hanover American Insurance Company ("Hanover") filed this declaratory judgment action against Gregory A. Saul, his former spouse, Debora K. Balfour, her business, Dr. Debora K. Balfour Chiropractic, P.C. ("DKBC") and Matthew A. Briner, individually and as next friend of his ward, A.A. Hanover seeks a declaration of its obligations under a businessowner's policy it issued to "Gregory & Debora Saul D.C." 1 Briner sued Saul, Balfour and DKBC in state court ("...
ORDER VICKI MILES-LaGRANGE, District Judge. Before the Court is defendants' Renewed Motion to Quash Subpoenas Duces Tecum, filed July 19, 2013. On August 9, 2013, plaintiffs filed their response, and on August 15, 2013, defendants filed their reply. Based upon the parties' submissions, the Court makes its determination. I. Background On June 7, 2013, plaintiffs served subpoenas duces tecum on the following entities: Aetna, Bituminous Insurance Company, Blue Cross & Blue Shield of Oklahoma,...
ORDER JOE HEATON, District Judge. Plaintiff John M. High filed this action seeking judicial review of the final decision of the Commissioner of the Social Security Administration denying his applications for disability insurance and supplemental security income benefits. Consistent with 28 U.S.C. 636(b)(1)(B), the case was referred to Magistrate Judge Gary M. Purcell, who recommends that the decision of the Commissioner be affirmed. Objections to the magistrate judge's Report and...
MEMORANDUM OPINION AND ORDER ROBIN J. CAUTHRON, District Judge. Defendants have filed a motion pursuant to Fed. R. Civ. P. 12(b)(6), seeking dismissal of Plaintiff's Complaint. The standard for consideration of motions to dismiss brought pursuant to Fed. R. Civ. P. 12(b)(6) is set forth in the Supreme Court's decision in Bell Atl. Corp. v. Twombly , 550 U.S. 544 (2007), and the subsequent decision in Ashcroft v. Iqbal , 556 U.S. 662 (2009). In those cases, the Supreme Court made clear that...
