SECOND SUPPLEMENTAL REPORT AND RECOMMENDATION GARY M. PURCELL, Magistrate Judge. Before the Court is Plaintiff's Response to Show Cause Order. 1 On November 24, 2014, the undersigned entered an Order to Show Cause directing Plaintiff to show cause on or before December 15, 2014, for her failure to serve the remaining Defendants Fuller, Paxson, Fox, Delosier, Johnson, Anajobi, Simon, Holmes, and Bennett with process within 120 days of the filing of the Second Amended Complaint, as required by...
REPORT AND RECOMMENDATION CHARLES B. GOODWIN, District Judge. Plaintiff Lester Williams 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 ("SSA") denying Plaintiff's applications for disability insurance benefits ("DIB") under Title II of the Social Security Act, 42 U.S.C. 401-434, and for Supplemental Security Income ("SSI") under Title XVI of the Social Security Act, 42 U.S.C. 1381-...
REPORT AND RECOMMENDATION SHON T. ERWIN, Magistrate Judge. Plaintiff, a prisoner appearing pro se and in forma pauperis, has filed this civil rights action under 42 U.S.C. 1983 alleging a violation of his Eighth Amendment rights. Defendants Addison, Bush, Williams, Preston and McMillen have filed a joint Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6) for failure to state a claim upon which relief may be granted (ECF No. 48), to which Plaintiff has responded (ECF No. 52). Also...
REPORT AND RECOMMENDATION SUZANNE MITCHELL, Magistrate Judge. Clinton Primeaux (Plaintiff) invoked the court's jurisdiction under the Social Security Act to obtain judicial review of the Defendant Acting Commissioner's (Commissioner) final decision denying Plaintiff's application for disability insurance benefits. See 42 U.S.C. 405(g). United States District Judge Lee R. West referred the matter to the undersigned Magistrate Judge for proceedings consistent with 28 U.S.C. 636(b)(1)(B),...
MEMORANDUM OPINION AND ORDER ROBIN J. CAUTHRON, District Judge. This cause of action arises out of a motor vehicle collision which occurred on April 22, 2011, between Plaintiff Brenda Rollins and Jason Marlatt, an employee of the U.S. Postal Service. Plaintiffs allege that Marlatt's negligent driving caused the collision and that Marlatt was acting within the scope of his employment at the time of the collision. On February 20, 2013, Plaintiffs filed a claim with the United States Postal...
ORDER TIMOTHY D. DeGIUSTI, District Judge. Before the Court is Defendants' Motion to Dismiss [Doc. No. 5]. Plaintiffs have responded to the Motion [Doc. No. 9] and Defendant Liberty Mutual Fire Insurance Company has replied [Doc. No. 10]. The matter is fully briefed and at issue. Defendants Liberty Mutual Fire Insurance Company, Liberty Mutual Group, Inc., T.J. Lawrence (Lawrence) and Christopher Dodd (Dodd) move for dismissal of the following claims alleged in the Petition [Doc. No. 1-2]...
ORDER TIMOTHY D. DeGIUSTI, District Judge. This matter comes before the Court upon Plaintiff's Motion for Preliminary Injunction Hearing and/or Ruling on Preliminary Injunction [Doc. No. 10], filed December 24, 2014, and Plaintiff's Motion for Temporary Restraining Order [Doc. No. 18], filed December 29, 2014. By the first motion, Plaintiff Bruce A. Hancock, Jr., who appears pro se, seeks to enjoin Defendant Ocwen Loan Servicing, LLC ("Ocwen"), pursuant to Fed. R. Civ. P. 65(a), from...
ORDER TIMOTHY D. DeGIUSTI, District Judge. Plaintiff brought this action pursuant to 42 U.S.C. 405(g) for review of the Defendant Commissioner of the Social Security Administration's final decision denying Plaintiff's application for supplemental security income under the Social Security Act. The matter was referred to United States Magistrate Judge Gary M. Purcell for initial proceedings in accordance with 28 U.S.C. 636 (b)(1)(B). The parties fully briefed their respective positions and...
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 application for supplemental security income benefits under Title XVI of the Social Security Act, 42 U.S.C. 416(i), 1382. Defendant has answered the Complaint and filed the administrative record (hereinafter TR___), and the parties have briefed the issues. The matter has been referred to the undersigned...
MEMORANDUM OPINION & ORDER ROBIN J. CAUTHRON, District Judge. This case arises out of a Stock Purchase Agreement ("SPA") 1 between Plaintiffs and Defendant The Columbia Group ("TCG"), executed on June 1, 2010. In that Agreement, Plaintiffs sold 100% of the interest in an Oklahoma corporation known as Eagle Systems and Services, Inc. ("Eagle"), to Defendant. In exchange, Defendant paid Plaintiffs $10 million, and agreed to pay Plaintiffs an additional contingent "earn out" of up to $4.8...
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 application for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. 416(I), 423. Defendant has answered the Complaint and filed the administrative record (hereinafter TR ___), and the parties have briefed the issues. The matter has been referred to the undersigned Magistrate...
ORDER TIMOTHY D. DeGIUSTI, District Judge. Before the Court are Plaintiff's Motion to Strike [Doc. No. 57] Defendant's Answer and Counterclaims [Doc. No. 55] and Defendant Moore Iron & Steel Corp.'s Motion for Leave to Amend Answer to Add Counterclaims [Doc. No. 63]. The parties dispute whether, in response to Plaintiff's Second Amended Complaint, Defendant, as a matter of right, may file new counterclaims or is required to first obtain leave of court. Plaintiff moves to strike the six new...
ORDER JOE HEATON, District Judge. Plaintiff Dale E. Harper, a state prisoner appearing pro se and in forma pauperis, filed this 1983 action against multiple defendants, alleging violations of his constitutional rights. Most of plaintiff's claims in this lawsuit arise out of actions taken in conjunction with his arrest, detention and prosecution by state officials in Woodward County, Oklahoma. Many of his claims were stayed under the Younger abstention doctrine 1 because they relate...
ORDER JOE HEATON, District Judge. Plaintiff Dale E. Harper, a state prisoner appearing pro se and in forma pauperis, filed this 1983 action against multiple defendants, alleging violations of his constitutional rights. By order entered on September 27, 2012, the court dismissed some of plaintiff's claims with prejudice, dismissed others without prejudice and stayed others. Doc. #73. Magistrate Judge Charles B. Goodwin, to whom the matter has been referred consistent with 28 U.S.C. 636(...
ORDER JOE HEATON, District Judge. Plaintiff Dale E. Harper, a state prisoner appearing pro se and in forma pauperis, filed this 1983 action against multiple defendants, alleging various violations of his constitutional rights. By order entered on September 27, 2012, the court dismissed some of plaintiff's claims with prejudice, dismissed others without prejudice and stayed others. Doc. #73. Many of the remaining claims are now the subject of a comprehensive Report and Recommendation...
ORDER DAVID L. RUSSELL , District Judge . Before the Court is Plaintiffs' Motion for Preliminary Injunction. Doc. No. 30. This motion stems from an action challenging a provision of the Affordable Care Act ("ACA") 1 and the regulations issued under it, which mandate that certain employers provide health coverage for contraceptives to their employees, or face substantial fines for failing to do so ("the Mandate"). On June 4, 2014, the Court entered an Order enjoining Defendants from "...
ORDER DAVID L. RUSSELL, District Judge. Plaintiff filed this action seeking review of the decision of the Commissioner denying her application for supplemental security income. Pursuant to 28 U.S.C. 636(b)(1)(B), the matter was referred to United States Magistrate Judge Suzanne Mitchell for preliminary review. On November 13, 2014, Judge Mitchell issued a Report and Recommendation wherein she recommended that the decision of the Commissioner be affirmed. Doc. No. 15, at 1. The matter is...
ORDER STEPHEN P. FRIOT, District Judge. On December 4, 2014, United States Magistrate Judge Suzanne Mitchell issued a Report and Recommendation, recommending that the acting commissioner's final decision denying plaintiff's applications for disability insurance and supplemental security income benefits be reversed and the matter remanded for further proceedings. Magistrate Judge Mitchell advised the parties of their right to object to the Report and Recommendation by December 24, 2014 and...
REPORT AND RECOMMENDATION SUZANNE MITCHELL, Magistrate Judge. John Elliott (Plaintiff) invokes this Court's jurisdiction under the Social Security Act to obtain judicial review of the Defendant Acting Commissioner's (Commissioner) final decision denying Plaintiff's applications for disability insurance and supplemental security income benefits. See 42 U.S.C. 405(g). United States District Judge Stephen P. Friot has referred the matter to the undersigned Magistrate Judge for proceedings...
ORDER SHON T. ERWIN, Magistrate Judge. Plaintiff Joanna Pritz filed this action seeking judicial review of the final decision of the Commissioner of the Social Security Administration denying her applications for disability insurance benefits and supplemental security income benefits. The case was referred to Magistrate Judge Shon T. Erwin, consistent with 28 U.S.C. 636(b)(1)(B). Judge Erwin recommends that the case be reversed and remanded, finding that the administrative law judge erred...
