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 of the Social Security Administration ("SSA") denying his application for disability insurance benefits and supplemental security income benefits under Title II 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...
REPORT AND RECOMMENDATION BERNARD M. JONES , Magistrate Judge . Plaintiff, Tom Stanley, Jr., a state prisoner appearing pro se and in forma pauperis, has filed a civil rights complaint pursuant to 42 U.S.C. 1983 alleging deliberate indifference to his pain (Compl.) [Doc. No. 1]. United States District Judge Stephen P. Friot has referred the matter for proposed findings and recommendations consistent with 28 U.S.C. 636(b)(1)(B) and (C). Defendant Robert Balogh filed the Court-ordered...
REPORT AND RECOMMENDATION SUZANNE MITCHELL , Magistrate Judge . I. History. Appearing through counsel, Gabriela Garcia (Plaintiff) initiated this action for judicial review of a final decision by the Commissioner of Social Security. 1 Doc. 1. Plaintiff's counsel subsequently sought, Doc. 17, and on October 4, 2017, the undersigned granted, Doc. 18, leave to withdraw from the case consistent with this Court's local civil rules (LCvR). See LCvR83.5. When doing so, the undersigned...
MEMORANDUM OPINION AND ORDER ROBIN J. CAUTHRON , District Judge . Now before the Court is Defendants' Motion to Dismiss Amended Petition/Complaint Pursuant to Fed. R. Civ. P. 12(b)(6). * (Dkt. No. 30.) Plaintiff has responded and the Motion is now at issue. 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...
MEMORANDUM OPINION AND ORDER ROBIN J. CAUTHRON , District Judge . Now before the Court is Defendant U.S. Xpress, Inc.'s ("U.S. Xpress") Motion for Judgment on the Pleadings on Plaintiff's Direct Negligence Claims. (Dkt. No. 14.) Plaintiff has responded and the Motion is now at issue. On March 9, 2016, Defendant Anders was driving a tractor-trailer owned by U.S. Xpress in Oklahoma City, Oklahoma. Plaintiff alleges Defendant Anders and Plaintiff were side-by-side in left-turn lanes and...
MEMORANDUM OPINION AND ORDER 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 application for benefits under the Social Security Act. The Commissioner has answered and filed a transcript of the administrative record (hereinafter TR. ____). The parties have consented to jurisdiction over this matter by a United States...
MEMORANDUM OPINION AND ORDER 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 application for supplemental security income under the Social Security Act. The Commissioner has answered and filed a transcript of the administrative record (hereinafter TR. ____). The parties have consented to jurisdiction over this matter by a...
ORDER TIMOTHY D. DeGIUSTI , District Judge . This matter comes before the Court for review of the Report and Recommendation [Doc. No. 12] issued by United States Magistrate Judge Charles B. Goodwin pursuant to 28 U.S.C. 636(b)(1)(B) and (C). Judge Goodwin recommends that the Petition for a Writ of Habeas Corpus Pursuant to 28 U.S.C. 2254 [Doc. No. 1] be denied. Petitioner has failed to file a timely written objection to the Report and Recommendation, and he has not requested...
REPORT AND RECOMMENDATION CHARLES B. GOODWIN , Magistrate Judge . Petitioner Terril Glen Ellison, appearing pro se, has petitioned this Court for a writ of habeas corpus, challenging through 28 U.S.C. 2254 the constitutionality of his criminal conviction by the State of Oklahoma. See Pet. (Doc. No. 1). United States District Judge Timothy D. DeGiusti has referred the matter to the undersigned Magistrate Judge for initial proceedings in accordance with 28 U.S.C. 636. Respondent has...
ORDER SCOTT L. PALK , District Judge . Before the Court is the Report and Recommendation [Doc. No. 23] of United States Magistrate Judge Shon Erwin pursuant to 28 U.S.C. 636(b)(1)(B) and (C). Judge Erwin recommends that the Court: (1) dismiss, without prejudice, all Plaintiffs, with the exception of Plaintiff Simmons, on grounds of infeasible joinder; (2) order Plaintiff Simmons to file an amended complaint, asserting only claims specific to him; and (3) deny certain applications for...
ORDER TIMOTHY D. DEGIUSTI , District Judge . Before the Court is Plaintiffs' Motion to Reconsider and Brief in Support [Doc. No. 11], which seeks relief from the Order of November 17, 2017 [Doc. No. 10], compelling arbitration. Defendants timely responded in opposition [Doc. No. 12], and Plaintiffs filed a reply [Doc. No. 13]. The matter is fully briefed and at issue. BACKGROUND Plaintiffs purchased a 2008 Cadillac STS-V from David Stanley Chevrolet. [Doc. No. 1-1 at 5]. As part of...
ORDER JOE HEATON , Chief District Judge . Plaintiff Blackstone Consulting Incorporated ("BCI") filed this action in state court against defendants R&R Food Services L.L.C. ("R&R") and Robert Brown, asserting a claim for breach of contract and requesting an accounting, a declaratory judgment, and injunctive relief. Defendants removed the case to this court, and have since answered the complaint. Defendants' answer also asserts counterclaims for (1) breach of contract, (2) fraudulent...
MEMORANDUM OPINION TIMOTHY D. DeGIUSTI , District Judge . Petitioner, Bobby Maness, a state court prisoner appearing pro se, has filed a petition for writ of habeas corpus seeking relief pursuant to 28 U.S.C. 2254. Doc. 8. 2 Petitioner challenges the conviction entered against him in Jefferson County District Court Case No. CF-2013-22. In that case, the trial court found Petitioner guilty of rape by instrumentation in the second degree and sentenced him to fifteen years imprisonment...
ORDER VICKI MILES-LaGRANGE , District Judge . Defendant-Movant Stevie Jerome Williams ("Williams"), a federal prisoner, filed a motion to vacate, set aside, or correct sentence under 28 U.S.C. 2255. Plaintiff-Respondent United States of America has filed its response. I. Introduction On January 22, 1997, a federal grand jury in the Western District of Oklahoma returned a Superseding Indictment charging Williams with bank robbery (Counts 1 and 4), in violation of 18 U.S.C. 2113(a);...
JUDGMENT BERNARD M. JONES , Magistrate Judge . Pursuant to the Memorandum Opinion and Order filed separately this same date, the final decision of Defendant, Acting Commissioner of the Social Security Administration, denying Plaintiff's application for disability insurance benefits is AFFIRMED and judgment is entered in favor of Defendant.
MEMORANDUM OPINION AND ORDER BERNARD M. JONES , Magistrate Judge . Plaintiff, Zoe L. Williams, brings this action pursuant to 42 U.S.C. 405(g) for judicial review of the Social Security Administration's final decision finding she was not disabled under the Social Security Act. The parties have consented to the exercise of jurisdiction over this matter by a United States Magistrate Judge. See 28 U.S.C. 636(c). The Commissioner has filed the Administrative Record (AR) [Doc. No. 13],...
ORDER TIMOTHY D. DeGIUSTI , District Judge . Before the Court is Plaintiff's Motion for Determination of Monetary Sanction [Doc. No. 117], filed pursuant to the Order of September 21, 2017 [Doc. No. 116] (hereafter, "Order"). By the Order, the Court granted a motion for sanctions against Defendants' attorney, Bill Wilkinson, pursuant to Fed. R. Civ. P. 26(g)(3), and reserved for determination "the amount of the monetary sanction to be imposed . . . based on expenses reasonably incurred by...
ORDER VICKI MILES-LaGRANGE , District Judge . Before the Court is defendants' Motion to Dismiss Second Amended Complaint, filed November 15, 2017. On December 5, 2017, plaintiff filed her response, and on December 12, 2017, defendants filed their reply. On November 1, 2017, plaintiff filed her Second Amended Complaint. In her complaint, plaintiff alleges the following causes of action: (1) breach of contract and conversion, (2) breach of fiduciary duty and negligence, and (3) tortious...
MEMORANDUM OPINION AND ORDER ROBIN J. CAUTHRON , District Judge . Now before the Court is Defendant Cedar Creek, LLC's Motion for Summary Judgment (Dkt. No. 24). Plaintiff has responded and the Motion is now at issue. I. Background Defendant employed Plaintiff as a human resources assistant when she suffered a panic attack at work on January 29, 2014. Plaintiff's supervisor, Michelle Lewis, witnessed the attack. Plaintiff's attacks were generally triggered by anxiety caused by driving,...
ORDER TIMOTHY D. DeGIUSTI , District Judge . Before the Court is Plaintiff Daisy Franco's Motion to Strike Affirmative Defenses [Doc. No. 7]. Defendants Goodwill Shops South, LLC and Goodwill Industries of Central Oklahoma, Inc. (occasionally referred to herein collectively as "Goodwill") have filed their Response [Doc. No. 8] and Plaintiff has replied [Doc. No. 9]. The matter is fully briefed and at issue. BACKGROUND Plaintiff contends she was discriminated against and wrongfully...
