28 results for 'judge:"DeGiusti"'.
J. DeGiusti grants the defendant bank’s motion for summary judgment in this lawsuit stemming from the “purported denial of a loan application.” The purported loan applicant contends that the denial was based on race and that the bank violated the Equal Credit Opportunity Act. However, the record indicates that he never actually applied for the loan, but instead “merely engaged in inquiries.” Accordingly, the protections of the Act were not triggered. Additionally, he fails to show that he qualified for the loan.
Court: USDC Western District of Oklahoma , Judge: DeGiusti, Filed On: May 7, 2024, Case #: 5:20cv946, NOS: Housing/Accommodations - Civil Rights, Categories: Civil Rights, Banking / Lending
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J. DeGiusti partially grants the defendant company's motion for summary judgment in this lawsuit brought by a former employee under the Americans with Disabilities Act. Summary judgment is appropriate as to the employee's ADA retaliation and discrimination claims. The company provided a "legitimate, nondiscriminatory reason" for the employee's termination, and the employee, who was diagnosed with cancer, failed to show pretext. Summary judgement is not appropriate, however, as it relates to the employee's request for a recliner in her office "for times when she felt sick at work."
Court: USDC Western District of Oklahoma , Judge: DeGiusti, Filed On: February 22, 2024, Case #: 5:22cv514, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. DeGiusti denies the plaintiff insurance company's motion for summary judgment and partially grants summary judgment to the defendant company in this declaratory judgment action concerning coverage for a motor vehicle accident. The plaintiff company fails to show that the defendant "has a duty to defend or indemnify" one of the commercial transportation companies in the underlying litigation based on the vehicle being a "covered auto."
Court: USDC Western District of Oklahoma , Judge: DeGiusti, Filed On: February 7, 2024, Case #: 5:22cv626, NOS: Insurance - Contract, Categories: Insurance, Indemnification, Contract
J. DeGiusti partially grants the postmaster's dismissal motion filed in this employment discrimination lawsuit brought by a former postal employee. The former employee's discrimination claims under Title VII, the Age Discrimination in Employment Act and the Rehabilitation Act will be dismissed without prejudice. The former employee sufficiently alleges claims for Title VII retaliation, hostile work environment based on retaliatory animus and constructive discharge, however, and those claims will survive dismissal.
Court: USDC Western District of Oklahoma , Judge: DeGiusti, Filed On: February 1, 2024, Case #: 5:22cv112, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. DeGiusti grants the plaintiff company's motion to compel discovery from certain defendants in this lawsuit concerning "the sale of a small-town valve manufacturing company" and the non-solicitation provisions included in the asset purchase agreement. The defendants, which include a former employee and his new valve company, have a duty to supplement their responses.
Court: USDC Western District of Oklahoma , Judge: DeGiusti, Filed On: January 5, 2024, Case #: 5:21cv368, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Discovery, Contract
J. DeGiusti partially denies the city's motion to strike an affidavit in this lawsuit arising from a motor vehicle collision involving a city police officer who was allegedly driving his personal vehicle at a speed exceeding the posted speed limit at the time of the incident. The court will not strike the affidavit at issue, though it notes that the plaintiffs failed to disclose the witness "at numerous points during this case." They will also be allowed to amend the final witness list.
Court: USDC Western District of Oklahoma , Judge: DeGiusti, Filed On: December 15, 2023, Case #: 5:20cv851, NOS: Other Civil Rights - Civil Rights, Categories: Tort, Experts, Discovery
J. DeGiusti partially grants the defendant insurance company's dismissal motion in this lawsuit regarding its claims decisions under an employee welfare benefit plan. The plaintiff employee and his daughter contend that the company, which was the claims administrator, "denied or improperly discounted payment" for certain medical claims. However, they fail to state claims for breach of fiduciary duty and for "failure to supply requested information."
Court: USDC Western District of Oklahoma , Judge: DeGiusti, Filed On: December 1, 2023, Case #: 5:23cv120, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance
J. DeGiusti denies the estate representative's motion to reconsider an order denying her request for leave to file an amended complaint in this lawsuit stemming from an individual's death at a detention center. The action asserts Section 1983 violations based on the decedent's alleged back injury caused by "blunt force trauma." The representative sought to add the board of county commissioners after it had previously been dismissed. However, the court determined that the amendment would be futile, and the representative now fails to show that the court should change its prior order.
Court: USDC Western District of Oklahoma , Judge: DeGiusti, Filed On: November 16, 2023, Case #: 5:18cv323, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights
J. DeGiusti denies the defendant insurance company's motion for summary judgment in this breach of contract lawsuit involving a customer's medical claims and its decision to rescind his health insurance policy over an answer on his insurance application. The customer did not consent to the rescission based on the return of his premium payments. Additionally, there is a question of fact precluding summary judgment on the customer's bad faith claim, specifically as to the reasonableness of the company's investigation.
Court: USDC Western District of Oklahoma , Judge: DeGiusti, Filed On: November 13, 2023, Case #: 5:22cv155, NOS: Insurance - Contract, Categories: Health Care, Insurance
J. DeGiusti enters an agreed protective order in this Miller Act case, "governing confidential and private material" produced during discovery. The order covers commercially sensitive information, as well as proprietary information, trade secrets and documents containing personally identifiable information.
Court: USDC Western District of Oklahoma , Judge: DeGiusti, Filed On: November 3, 2023, Case #: 5:22cv719, NOS: Miller Act - Contract, Categories: Civil Procedure, Discovery
J. DeGiusti grants the defendant bank's motions to compel discovery in this lawsuit arising from the alleged denial of an individual's loan application. The loan applicant, who contends that the denial was based on race, is ordered to "supplement his discovery responses" and to "produce all responsive documents" within 30 days of this order.
Court: USDC Western District of Oklahoma , Judge: DeGiusti, Filed On: October 13, 2023, Case #: 5:20cv946, NOS: Housing/Accommodations - Civil Rights, Categories: Civil Rights, Discovery, Banking / Lending
J. DeGiusti grants the defendant store owners' motions for summary judgment in this lawsuit alleging false arrest, malicious prosecution and other causes of action, based on an incident at a grocery store where the individual plaintiff was allegedly arrested for trespass. The individual's Fourth Amendment claim fails against the owners of the store. There is also no evidence that they "restrained plaintiff against his will or arrested him."
Court: USDC Western District of Oklahoma , Judge: DeGiusti, Filed On: September 20, 2023, Case #: 5:20cv266, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence
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. DeGiusti dismisses the Section 1983 claims against the firefighters, finding that they are entitled to qualified immunity in this suit arising from an individual's death after he was allegedly physically restrained following a seizure. Additionally, the defendant police officer is entitled to qualified immunity as to the unlawful arrest and failure to intervene claims against him.
Court: USDC Western District of Oklahoma , Judge: DeGiusti, Filed On: May 19, 2023, Case #: 5:22cv209, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Immunity