33 results for 'court:"USDC Eastern District of Oklahoma"'.
J. Shelby grants the plaintiff chicken growers' motion for class certification in this antitrust litigation alleging that certain poultry companies suppressed compensation in violation of the Sherman Antitrust Act. The commonality and typicality elements are satisfied. Additionally, the court denies the defendant poultry company's motion to exclude certain expert opinions.
Court: USDC Eastern District of Oklahoma, Judge: Shelby, Filed On: May 8, 2024, Case #: 6:17cv33, NOS: Antitrust - Other Suits, Categories: Antitrust, Civil Procedure
J. Robertson grants the city defendants' motions for summary judgment in this lawsuit arising from a traffic stop that allegedly ended with the driver's arrest. The driver, who was initially stopped for an alleged headlight violation, brings claims for false arrest, excessive force and failure to train. The arresting officer is entitled to qualified immunity, as the evidence does not show excessive force in the use of the handcuffs. The officer was also authorized to arrest the driver after the driver refused to sign the citation.
Court: USDC Eastern District of Oklahoma, Judge: Robertson, Filed On: April 29, 2024, Case #: 6:22cv146, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity
J. Jackson grants in part the defendant school district's motion for sanctions and dismisses the parent's amended complaint with prejudice as to the school district. The current matter stems from the parent's alleged failure to "execute the necessary documents to effectuate the settlement agreement previously reached." Dismissal is warranted based on a failure to comply with the court's "rules and orders," since the school district had to continue litigating the case, and a lesser sanction would be inadequate.
Court: USDC Eastern District of Oklahoma, Judge: Jackson, Filed On: April 19, 2024, Case #: 6:22cv151, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Education, Sanctions, Settlements
J. Jackson grants the landlord defendants' motion for partial summary judgment and dismisses the tenants' claims for failure to accommodate under the Fair Housing Act and the Oklahoma Fair Housing Law. The court concludes that the "requested accommodation was neither necessary nor reasonable." The tenants were allegedly denied a one-year lease renewal, but the standard lease was only for six months. Also, the evidence shows that they moved out of the apartment 32 days "before their required move-out date."
Court: USDC Eastern District of Oklahoma, Judge: Jackson, Filed On: April 8, 2024, Case #: 6:23cv115, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Landlord Tenant, Housing
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J. White grants the EMT defendants' motion for summary judgment in this lawsuit arising from a driver's alleged detention and death following a traffic stop. The court finds that the EMT defendants acted reasonably when they "briefly" assisted the deputies while the driver was still "actively resisting arrest." Also, the medical negligence and wrongful death claims "cannot be pursued against individual employees of a political subdivision of the State of Oklahoma."
Court: USDC Eastern District of Oklahoma, Judge: White, Filed On: March 26, 2024, Case #: 6:21cv44, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Wrongful Death
J. Robertson grants the water district defendants' dismissal motion in this lawsuit brought by a real estate developer and a construction company asserting constitutional violations, as well as violations of the state's Rural Water, Sewer, Gas and Solid Waste Management Districts Act and its Public Competitive Bidding Act. The district has provided a rational basis for its policies "restricting developers from bidding on the water line installation," and the policy is not precluded. Accordingly, the developer's equal protection claim fails, and the court declines to exercise jurisdiction over the remaining state claims.
Court: USDC Eastern District of Oklahoma, Judge: Robertson, Filed On: March 25, 2024, Case #: 6:23cv72, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Real Estate, Jurisdiction
J. White mostly denies the competing motions to exclude expert testimony in this case concerning the use of force used by police. The court finds that the estate plaintiffs' use of force expert uses reliable methods to reach his conclusions on use of force and that his opinions "are not impermissible legal conclusions." He will not be allowed to testify, however, as to the first aid rendered or the conclusion that the officers were "deliberately indifferent."
Court: USDC Eastern District of Oklahoma, Judge: White, Filed On: February 8, 2024, Case #: 6:20cv152, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Experts
J. Robertson grants summary judgment to the U.S. Department of the Army in this employment discrimination lawsuit, alleging age and gender discrimination. The employee fails to show that her non-selection for a promotion was based on a retaliatory motive. Also, the government has shown that an interview panel recommended another candidate for the vacancy "based on the quality of his interview performance."
Court: USDC Eastern District of Oklahoma, Judge: Robertson, Filed On: January 29, 2024, Case #: 6:19cv437, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Military, Employment Retaliation
J. Jackson grants the well owner's motion to certify class in this action alleging a "breach of the implied duty to market" against the defendant well operator and lessees. The well owner asserts that the defendants improperly deduct royalties for processing "for purposes of obtaining marketability," and the court concludes that it has sufficiently satisfied its burden to establish the case as a class action.
Court: USDC Eastern District of Oklahoma, Judge: Jackson, Filed On: November 8, 2023, Case #: 6:17cv101, NOS: Other Contract - Contract, Categories: Energy, Class Action
J. Jackson grants the dismissal motions in this suit asserting claims under the Fair Debt Collection Practices Act and the Oklahoma Consumer Protection Act, as well as for civil conspiracy and abuse of process. The plaintiff lot owner fails to state a claim under the Fair Debt Collection Practices Act, though he will be allowed to seek leave to amend. The court also declines to exercise jurisdiction over the state law claims.
Court: USDC Eastern District of Oklahoma, Judge: Jackson, Filed On: October 30, 2023, Case #: 6:23cv167, NOS: Insurance - Contract, Categories: Debt Collection, Consumer Law
J. Robertson grants the defendant Oklahoma Corporation Commission's dismissal motion in this declaratory judgment lawsuit concerning whether an insurance policy provides coverage for certain actions. The commission is dismissed based on its sovereign immunity under the 11th Amendment. Additionally, the case will be stayed to allow the Western District of Louisiana to "determine the application of the first-to-file rule."
Court: USDC Eastern District of Oklahoma, Judge: Robertson, Filed On: September 28, 2023, Case #: 6:22cv323, NOS: Insurance - Contract, Categories: Civil Procedure, Insurance
J. Jackson denies the Equal Employment Opportunity Commission's motion to quash certain subpoenas duces tecum that were issued to non-parties in this age discrimination lawsuit. The subpoenas were issued to the claimants' subsequent employers, but most of the non-parties are "outside of the Eastern District of Oklahoma." Accordingly, the court lacks jurisdiction to quash the subpoenas. However, the court grants the motion as to its request for a protective order.
Court: USDC Eastern District of Oklahoma, Judge: Jackson, Filed On: August 29, 2023, Case #: 6:21cv295, NOS: Employment - Civil Rights, Categories: Civil Procedure, Jurisdiction, Discovery
J. Snow grants the defendant school district's motion for summary judgment in this lawsuit brought by a former employee alleging discrimination and retaliation in violation of Title VII, as well as interference with her rights under the Family Medical Leave Act. The former employee, who is African American, fails to establish a prima facie case of race discrimination or retaliation.
Court: USDC Eastern District of Oklahoma, Judge: Snow, Filed On: August 28, 2023, Case #: 6:21cv241, NOS: Education - Civil Rights, Categories: Education, Employment Discrimination, Employment Retaliation
J. White partially grants the dismissal motion filed by the employer in this lawsuit alleging race discrimination and constructive discharge. The former employee fails to state a hostile work environment claim, as the alleged incidents were not pervasive enough to support the claim. Accordingly, his constructive discharge claim also fails. Additionally, the court grants the employer's motion to quash process, noting that "the deficiencies are curable."
Court: USDC Eastern District of Oklahoma, Judge: White, Filed On: August 4, 2023, Case #: 6:22cv322, NOS: Employment - Civil Rights, Categories: Civil Procedure, Employment Discrimination
J. DeGiusti finds that the general contractor breached its contract with the equipment supplier in this dispute involving the construction of a wastewater treatment plant. The general contractor seeks to recover for losses "allegedly incurred while revising the tank walls," while the supplier asserts a counterclaim based on an alleged failure to pay. The supplier's equipment properly complied "with the design specifications set forth in Addendum No. 2," and the evidence shows that the general contractor did not pay the invoice.
Court: USDC Eastern District of Oklahoma, Judge: DeGiusti, Filed On: July 31, 2023, Case #: 6:21cv19, NOS: Other Contract - Contract, Categories: Negligence, Contract
J. White denies the competing motions for summary judgment in this lawsuit alleging that the former public employee's free speech rights were violated in connection with his termination. The employer argues that he reasonably believed the perceived speech to be "a matter of private, not public, concern." However, this characterization of the perceived speech is not reasonable, as there was not "an objectively reasonable investigation." Accordingly, the employer is "not entitled to judgment as a matter of law." The employee's official capacity claim will also proceed to the jury.
Court: USDC Eastern District of Oklahoma, Judge: White, Filed On: July 26, 2023, Case #: 6:20cv67, NOS: Employment - Civil Rights, Categories: Civil Procedure, Constitution, Employment
J. Snow grants the plaintiff insurance company's motion to dismiss a certain theory alleged in the amended counterclaim against it. Specifically, the allegations do not show that the insurer acted in bad faith by denying the insurance claim for a fire that destroyed a building. Additionally, the building defendants will not be allowed to amend their counterclaim again.
Court: USDC Eastern District of Oklahoma, Judge: Snow, Filed On: June 20, 2023, Case #: 6:19cv427, NOS: Insurance - Contract, Categories: Evidence, Insurance, Contract
J. Jackson denies, in part, the correctional parties' dismissal motion in this civil rights action stemming from an inmate's death, after his medical care was allegedly delayed for a week. The estate plausibly alleges its claim for deliberate indifference.
Court: USDC Eastern District of Oklahoma, Judge: Jackson, Filed On: June 16, 2023, Case #: 6:23cv103, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Damages
J. Jackson grants the former employee's motion in limine, which seeks to exclude evidence regarding the claims and parties previously dismissed from the case. The defendant university does not oppose the request. Additionally, the university's motions in limine are granted in part. Evidence of her termination will not be admitted, but the parties should confer to determine a description of her departure "that is mutually acceptable."
Court: USDC Eastern District of Oklahoma, Judge: Jackson, Filed On: June 8, 2023, Case #: 6:19cv391, NOS: Employment - Civil Rights, Categories: Employment, Evidence, Employment Discrimination