ORDER JOE HEATON , District Judge . Plaintiff Victoria Catherine Carnline ("Carnline") filed this action appealing the final decision of the Commissioner of the Social Security Administration ("Commissioner") denying her application for disability insurance benefits and supplemental security income benefits. Consistent with 28 U.S.C. 636(b)(1)(B), the case was referred to Magistrate Judge Bernard M. Jones, who has recommended that the Commissioner's decision be reversed and the matter...
REPORT AND RECOMMENDATION SUZANNE MITCHELL , Magistrate Judge . District Judge. Petitioner, appearing pro se, seeks a writ of habeas corpus under 28 U.S.C. 2241. Doc. 1. United States District Court Judge Vicki Miles-LaGrange referred the matter to the undersigned Magistrate Judge for initial proceedings consistent with 28 U.S.C. 636(b)(1)(B), (C). Respondent filed a motion to dismiss, Doc. 18, and brief in support, Doc. 19, and Plaintiff responded. Doc. 20. For the reasons set forth...
REPORT AND RECOMMENDATION GARY M. PURCELL , District Judge . Petitioner, a state prisoner appearing pro se, has filed this Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. 2254. Petitioner is challenging his plea-based convictions for Manslaughter in the First Degree, Leaving the Scene of a Fatality Accident, and Driving with License Revoked, Subsequent Offense, all after two prior felony convictions, entered in the District Court of Garfield County, Case No. CF-2013-44. With...
REPORT AND RECOMMENDATION BERNARD M. JONES , Magistrate Judge . Plaintiff, Trunell Sadler, seeks judicial review of the Social Security Administration's denial of her applications for disability insurance benefits (DIB) and supplemental security income benefits (SSI). United States District Judge Stephen P. Friot has referred this matter for proposed findings and recommendations. See 28 U.S.C. 636(b)(1)(B) and (C). For the reasons set forth below, it is recommended that the...
ORDER VICKI MILES-LaGRANGE , District Judge . On November 18, 2015, United States Magistrate Judge Gary M. Purcell issued a Supplemental Report and Recommendation in this action brought pursuant to 28 U.S.C. 2241, seeking a writ of habeas corpus. The Magistrate Judge recommended that respondent's Motion to Dismiss be granted and the Petition for Writ of Habeas Corpus be dismissed without prejudice. The parties were advised upon their right to object to the Report and Recommendation by...
ORDER VICKI MILES-LaGRANGE , District Judge . On November 13, 2015, United States Magistrate Judge Bernard M. Jones 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 ("Acting Commissioner"), denying plaintiff's application for disability insurance benefits. The Magistrate Judge recommended the Acting Commissioner's decision in this matter be reversed and...
ORDER JOE HEATON , Chief District Judge . Plaintiff Michelle N. Porter, the personal representative of the estate of Robert B. Porter, deceased, filed this action against the Board of County Commissioners of Oklahoma County ("Board") and Jacob Owen Streeter, an Oklahoma County deputy sheriff, in both his individual and official capacities. She asserts a negligence claim against the Board under state law and a substantive due process claim against defendant Streeter under 42 U.S.C. 1983....
ORDER TIMOTHY D. DeGIUSTI , District Judge . Before the Court is Defendant's Partial Motion to Dismiss [Doc. No. 12], filed pursuant to Fed. R. Civ. P. 12(b)(6). The Motion challenges the sufficiency of Plaintiff's Complaint to state a Title VII claim of gender discrimination based on allegations of sexual harassment. 1 Plaintiff has filed both a timely response to the Motion and an Amended Complaint. 2 This amendment supersedes Plaintiff's original pleading and renders it of no legal...
ORDER STEPHEN P. FRIOT , District Judge . United States Magistrate Judge Bernard M. Jones issued a Report and Recommendation on December 9, 2015, recommending that defendant's final decision to deny plaintiff's applications for disability insurance benefits and supplemental security income benefits be reversed and remanded for further administrative proceedings. Magistrate Judge Jones advised the parties of their right to object to the Report and Recommendation by December 23, 2015 and...
REPORT AND RECOMMENDATION BERNARD M. JONES , Magistrate Judge . Plaintiff, Joanna E. Young, seeks judicial review of the Social Security Administration's denial of her applications for disability insurance benefits (DIB) and supplemental security income benefits (SSI). United States District Judge Stephen P. Friot has referred this matter for proposed findings and recommendations. See 28 U.S.C. 636(b)(1)(B) and (C). For the reasons set forth below, it is recommended that the...
ORDER TIMOTHY D. DeGIUSTI , District Judge . Before the Court is Defendant State of Oklahoma ex rel. Oklahoma Tourism and Recreation Department's Motion to Dismiss [Doc. No. 4], filed pursuant to Fed. R. Civ. P. 12(b)(1) and (b)(6). 1 As a jurisdictional matter, the Oklahoma Tourism and Recreation Department ("OTRD") asserts the State's sovereign immunity from suit, except as authorized by the Governmental Tort Claims Act ("GTCA"), Okla. Stat. tit. 51, 151-72. Because the complaint...
ORDER TIMOTHY D. DeGIUSTI , District Judge . Plaintiff David Lawlis ("Lawlis") brings this action for breach of contract and violation of Oklahoma's Protection of Labor Act. He contends Defendant Moore Iron & Steel Corp. ("MISCO") (1) failed to pay him wages that were earned and due, (2) failed to pay him all commissions to which he was entitled, (3) failed to adequately and timely offer him extended insurance coverage after the cancellation of his company-provided insurance, (4)...
ORDER LEE R. WEST , District Judge . On October 26, 2015, United States Magistrate Judge Bernard M. Jones issued a Report and Recommendation in this matter and recommended that the decision of the defendant, Carolyn W. Colvin, Acting Commissioner of Social Security ("Commissioner"), to deny disability insurance benefits and supplemental security income to plaintiff Troy Sanborn be affirmed. Sanborn was advised of his right to object to the Report and Recommendation, s^ Doc. 20 at 20, and...
ORDER VICKI MILES-LaGRANGE , District Judge . On September 17, 2015, United States Magistrate Judge Bernard M. Jones issued a Report and Recommendation in this action in which plaintiff seeks judicial review of the final decision of defendant Acting Commissioner of the Social Security Administration ("Acting Commissioner") denying plaintiff's applications for disability benefits and supplemental security income. The Magistrate Judge recommended the Acting Commissioner's decision be...
ORDER TIMOTHY D. DeGIUSTI , District Judge . Before the Court is Plaintiff's Amended Motion for Sanctions [Doc. No. 32], to which Defendant has responded [Doc. Nos. 33-34]. The matter is fully briefed and at issue. BACKGROUND This action stems from injuries suffered by Plaintiff Makenzie Wethington while skydiving. She alleges Defendant was negligent in the manner in which he trained her for the activity, the packing of the parachute, the utilization of certain equipment, and by...
ORDER JOE HEATON , Chief District Judge . Plaintiff Beatrice Butler filed this action seeking judicial review of the final decision of defendant, Acting Commissioner of the Social Security Administration ("Commissioner"), denying her application for disability insurance benefits and supplemental security income. Consistent with 28 U.S.C. 636(b)(1)(B),(b)(3) and Fed.R.Civ.P. 72(b), the case was referred to Magistrate Judge Suzanne Mitchell, who recommends that the Commissioner's decision...
MEMORANDUM OPINION AND ORDER NUNC PRO TUNC * ROBIN J. CAUTHRON , District Judge . Defendant OG&E has filed a Motion to Reconsider (Dkt. No. 582), requesting the Court reconsider its June 25, 2013, construction of the claim phrase "electric meter circuitry." According to OG&E, in a recent response to a Motion for Summary Judgment, Plaintiff changed its position with respect to the basis for the Court's decision. OG&E requests the Court return to the original construction of "electric...
ORDER AWARDING ATTORNEYS' FEES, REIMBURSEMENT OF LITIGATION EXPENSES AND CASE CONTRIBUTION AWARD TIMOTHY D. DeGIUSTI , District Judge . Before the Court is Class Representative's Motion for Approval of Attorneys' Fees, Reimbursement of Litigation Expenses and Case Contribution Award [Doc. No. 123] (the Motion) and Memorandum of Law in Support Thereof [Doc. No. 124] (the Memorandum), wherein Class Counsel seeks an award of attorneys' fees constituting forty percent (40%) of the $52,000,000...
ORDER TIMOTHY D. DeGIUSTI , District Judge . Plaintiff seeks a declaration that it has no duty to defend or indemnify Defendant Indeck Power Equipment Company and Defendant Glenn Briggs & Associates under certain insurance policies issued by Plaintiff. In support of its action, Plaintiff attaches, in their entirety, all thirteen policies at issue [Doc. Nos. 33-4 — 33-16]. This results in Plaintiff's Third Amended Complaint, with accompanying exhibits, totaling over 1,000 pages in length....
MEMORANDUM OPINION AND ORDER ROBIN J. CAUTHRON , District Judge . Before the Court is Defendant City of Oklahoma City's ("City"), Motion to Compel Plaintiff to Respond to Defendant's Written Discovery (Dkt. No. 65). Plaintiff filed a Response (Dkt. No. 67) and Defendant filed a Reply (Dkt. No. 69). The Motion is at issue. Defendant filed this Motion to Compel responses to Interrogatory Nos. 3 and 8, and Requests for Admissions Nos. 1, 7-10, and 13-14. Plaintiff objected to Interrogatory...
