60 results for 'court:"USDC Northern District of Oklahoma "'.
J. Huntsman partially grants the plaintiffs' motion to remove the confidentiality designation from certain documents produced by the government in this lawsuit brought by a doctor asserting claims for false arrest, malicious prosecution and civil rights violations. The government previously marked every page of a report containing "the results of an internal investigation" as confidential. The court will require the government to redact portions of the report and rules that the parties can use the redacted report "in conducting this litigation."
Court: USDC Northern District of Oklahoma , Judge: Huntsman, Filed On: April 5, 2024, Case #: 4:22cv366, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Rights, Discovery
J. Russell denies the defendant insurance company's motion to exclude certain expert testimony in this breach of contract lawsuit involving damage to a boat dock. The court finds that the expert is "qualified and his methodology is reliable." However, the court will partially grant the company's motions in limine. Specifically, the expert cannot define the company's "duty of good faith and fair dealing" or provide an opinion "on the ultimate conclusions" as to whether the company acted in bad faith.
Court: USDC Northern District of Oklahoma , Judge: Russell, Filed On: April 4, 2024, Case #: 4:18cv504, NOS: Insurance - Contract, Categories: Insurance, Experts, Contract
J. Russell partially grants the school resource officer's dismissal motion in this lawsuit brought by high school students alleging that they were subjected to sexual harassment by an assistant basketball coach and that the officer knew about the inappropriate behavior. The official capacity claims against him are dismissed, along with the students' substantive due process claims. However, their equal protection claim based on an alleged "failure to report or investigate" survives against the officer.
Court: USDC Northern District of Oklahoma , Judge: Russell, Filed On: March 29, 2024, Case #: 4:21cv240, NOS: Education - Civil Rights, Categories: Civil Rights, Education
J. Kelly grants the Oklahoma Department of Human Services employees' motions to dismiss with respect to the Section 1983 claims in this case arising from the death of an infant allegedly "at the hands of his foster mother." The complaint contends that the employees would have known about the foster mother's "referrals for potential child welfare concerns and domestic violence" based on an OKDHS database. However, the court concludes that the Section 1983 claims are barred by limitations. Also, the remaining state law claims are remanded to state court.
Court: USDC Northern District of Oklahoma , Judge: Kelly, Filed On: March 28, 2024, Case #: 4:20cv167, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Wrongful Death
J. Heil adopts the recommendation of the magistrate judge and enters default judgment in favor of the plaintiff company based on the alleged "destruction of evidence" in this lawsuit against a former employee. The employee argues that "sanctions are not warranted" due to a lack of prejudice to the company, but the court disagrees, finding that the company can no longer examine the deleted materials. The matter is returned to the magistrate judge to determine damages and fees.
Court: USDC Northern District of Oklahoma , Judge: Heil, Filed On: March 27, 2024, Case #: 4:22cv525, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Employment, Sanctions, Contract
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J. Browning finds in favor of the city in an employment discrimination lawsuit brought by a former employee who asserts claims for discrimination on the basis of race and a violation of her rights under the Americans with Disabilities Act. The city did not discriminate or retaliate against the Black employee, as it provided a legitimate basis for her termination, specifically that she "ignored the express instructions of her supervisor" and "refused to cooperate with the HR Department."
Court: USDC Northern District of Oklahoma , Judge: Browning, Filed On: March 8, 2024, Case #: 4:21cv61, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
[Consolidated.] J. Eagan denies the plaintiff company's motion for partial summary judgment and grants the defendant company's cross-motion in this dispute over the propriety of certain fees under the Oklahoma Production Revenue Standards Act. The plaintiff company, which is an Oklahoma well operator, may not charge the defendant company certain maintenance fees "based on the unambiguous terms of the parties' contracts."
Court: USDC Northern District of Oklahoma , Judge: Eagan, Filed On: March 4, 2024, Case #: 4:20cv592, NOS: Other Contract - Contract, Categories: Energy, Contract
J. Johnson grants the dismissal motions filed by the guardian ad litem and the licensed therapist in this lawsuit asserting claims for breach of contract, negligence and constitutional violations in connection with a "protracted and contested divorce and child custody action." The individual defendants are entitled to quasi-judicial immunity, and the mother's claims will be dismissed with prejudice.
Court: USDC Northern District of Oklahoma , Judge: Johnson, Filed On: February 29, 2024, Case #: 4:21cv58, NOS: Other Contract - Contract, Categories: Civil Rights, Family Law, Immunity
J. Johnson grants the defendant company's motion for summary judgment in this lawsuit brought by a former employee who was allegedly terminated after asking for leave under the Family and Medical Leave Act to care for a family member. The record indicates that the employee "repeatedly" violated the company's absence policy and often "failed to provide notification to his employer of his anticipated and actual absences." Accordingly, the employer has sufficiently shown that he would have been terminated anyway, even without the request for leave.
Court: USDC Northern District of Oklahoma , Judge: Johnson, Filed On: January 10, 2024, Case #: 4:20cv229, NOS: Family and Medical Leave Act - Labor, Categories: Employment Discrimination, Employment Retaliation
J. Kelly denies the electric company's motion to stay enforcement pending appeal to the Tenth Circuit. The court previously confirmed an arbitration award issued by the Council on Industrial Relations, and the company seeks to stay enforcement of the judgment. However, it fails to show that it is entitled to a stay, as it does not demonstrate a likelihood to succeed on the merits or show "any irreparable harm it would suffer."
Court: USDC Northern District of Oklahoma , Judge: Kelly, Filed On: January 5, 2024, Case #: 4:21cv246, NOS: Labor/Management Relations - Labor, Categories: Arbitration, Labor / Unions
J. Johnson grants the school administrators' dismissal motion and partially grants the school district's dismissal motion in this lawsuit regarding a student who was allegedly bullied by other students. The court dismisses the official capacity claims against the administrators with prejudice. Additionally, the adoptive mother, who is suing on behalf of the student, concedes that the board of education should be dismissed.
Court: USDC Northern District of Oklahoma , Judge: Johnson, Filed On: January 2, 2024, Case #: 4:19cv637, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Negligence
J. Eagan remands this case concerning the denial of an employee's short-term disability benefits to the plan administrator "for clarification of its decision." The claimant, who was diagnosed with sleep apnea and major depressive disorder, asserts a claim under the Employee Retirement Income Security Act. The court concludes that remand is proper as the administrator "failed to adequately explain the grounds for the decision."
Court: USDC Northern District of Oklahoma , Judge: Eagan, Filed On: December 22, 2023, Case #: 4:22cv61, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Civil Procedure, Erisa, Health Care
J. Johnson grants the defendant companies' motion to compel arbitration in this lawsuit involving a vehicle service contract. The car owners sued the companies for breach of contract after their claim for coverage was denied. However, they fail to show why arbitration is improper, given the contract's arbitration provision. Additionally, the court will dismiss the case without prejudice, instead of staying the proceedings.
Court: USDC Northern District of Oklahoma , Judge: Johnson, Filed On: December 21, 2023, Case #: 4:22cv34, NOS: Other Contract - Contract, Categories: Arbitration, Vehicle, Contract
J. Choe-Groves grants Thlopthlocco Tribal Town's motion for declaratory judgment holding that it is "entitled to sovereign immunity in the Muscogee (Creek) Nation Courts and may, if it chooses, waive its sovereign immunity." Also, the judicial defendants' dismissal motion, in which they argue that the case is moot, is denied. The court concludes that its exercise of jurisdiction is appropriate and confirms that the plaintiff is a "federally recognized tribe, and it enjoys sovereign immunity."
Court: USDC Northern District of Oklahoma , Judge: Choe-Groves, Filed On: December 20, 2023, Case #: 4:09cv527, NOS: Other Statutory Actions - Other Suits, Categories: Native Americans, Immunity, Jurisdiction
J. Choe-Groves grants permanent injunctive relief to the government and the Osage Nation in this lawsuit against the developers of a wind turbine farm. Equitable relief is due on the claim of continuing trespass, specifically "in the form of ejectment of the wind towers," though the court will allow for input as to the timing. The court will also hold a trial to determine monetary damages for the trespass and conversion claims.
Court: USDC Northern District of Oklahoma , Judge: Choe-Groves, Filed On: December 20, 2023, Case #: 4:14cv704, NOS: All Other Real Property - Real Property, Categories: Energy, Real Estate, Conversion
[Consolidated.] J. Eagan denies the plaintiff oil and gas company's motion for partial summary judgment seeking a declaration that the defendant company, a "working interest owner" in five development projects, is obligated "under the parties' contractual agreements to pay legal expense" in connection with certain earthquake and insurance litigation. Additionally, the court will grant the defendant's cross-motion and declare that it has no obligation to pay the fees at issue.
Court: USDC Northern District of Oklahoma , Judge: Eagan, Filed On: December 19, 2023, Case #: 4:20cv592, NOS: Other Contract - Contract, Categories: Civil Procedure, Insurance, Attorney Fees
J. Huntsman denies the plaintiff homeowners' motion to strike certain expert testimony in this breach of contract lawsuit against the defendant insurance company. The homeowners allege that their home was damaged by wind and hail and that the insurance company failed to adequately compensate their loss. The court now finds that the expert's report is admissible, as he has "a sufficient basis to support his opinion."
Court: USDC Northern District of Oklahoma , Judge: Huntsman, Filed On: December 7, 2023, Case #: 4:21cv432, NOS: Insurance - Contract, Categories: Insurance, Experts
J. Choe-Groves denies the corporate plaintiff's motion for a preliminary injunction and grants in part the individual defendants' motion for partial summary judgment in this lawsuit arising from an asset purchase and sale agreement for certain business assets. The corporate plaintiff's request for a preliminary injunction is denied as moot, as the requested relief has already expired. Summary judgment is granted to the individual defendants, who sold the business assets at issue, as to certain claims, including fraudulent inducement, unfair competition and false designation of origin under the Lanham Act.
Court: USDC Northern District of Oklahoma , Judge: Choe-Groves, Filed On: December 1, 2023, Case #: 4:19cv145, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Business Practices, Contract
J. Johnson grants the dismissal motions filed by the city and the police chief in this lawsuit brought by a former police officer who was allegedly terminated for certain social media posts that violated department rules. The posts at issue were made prior to his employment with the police department, and he contends in this suit that his First Amendment rights were violated by his termination. However, the city's interest "in maintaining a police force that instills public confidence" outweighs the former police officer's interest "in his protected speech."
Court: USDC Northern District of Oklahoma , Judge: Johnson, Filed On: November 21, 2023, Case #: 4:19cv538, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment Discrimination, First Amendment
J. Kelly grants the estate administrator's motion to amend the complaint in this suit alleging due process and equal protection violations, based on the decedent's placement with a certain foster parent. The estate administrator will be allowed to include certain employees of the Oklahoma Department of Human Services as defendants. The proposed defendants were previously dismissed without prejudice. The court notes that the amended complaint "includes additional facts that cure the deficiencies in the prior pleadings."
Court: USDC Northern District of Oklahoma , Judge: Kelly, Filed On: October 30, 2023, Case #: 4:20cv167, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights
J. Eagan denies the plaintiff company's motion for reconsideration of a partial summary judgment in this case "concerning the design, manufacture, and distribution of a part for the AR-15 rifle known as the lower receiver." The plaintiff company seeks reconsideration of a ruling that the designs of certain receivers were not trade secrets. However, the court concludes that there is no basis for reconsidering its prior ruling.
Court: USDC Northern District of Oklahoma , Judge: Eagan, Filed On: October 24, 2023, Case #: 4:20cv341, NOS: Contract Product Liability - Contract, Categories: Civil Procedure, Trade Secrets