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Summary: 879 F. Supp. Now before this Court are motions for summary judgment filed by Defendant Dillon Family and Youth Services, Inc., d/b/a Shadow Mountain Institute ("SMI") and by Plaintiff Oklahoma Disability Law Center, Inc. ("ODLC"). The ODLC is the protection and advocacy system for the state of Oklahoma designated by the Governor of the State of Oklahoma to carry out activities under the Protection and Advocacy for Mentally Ill Individuals Act of 1986 (PAMII), 42 U.S.C. § 10801 et seq.


Summary: 45 F. Supp. 2d 1249, (D.Kan.1998) (because defendant did not file her § 2255 motion within one year of the date that the Tenth Circuit issued its mandate, her motion is time-barred); Gendron v. United States, 154 F.3d 672, 674 (7th Cir.1998) (federal prisoners who decide not to seek certiorari will have the limitations period begin to run on the date the court of appeals issues the mandate in their direct appeal).


Summary: 463 F. Supp. See Southway v. Central Bank of Nigeria, 328 F.3d 1267, 1274 (10th Cir.2003). Stuart v. Colorado Interstate Gas Co., 271 F.3d 1221, 1225 (10th Cir.2001) (citing Holt v. United States, 46 F.3d 1000, 1003 (10th Cir.1995)); see also Paper, Allied Industrial, Chemical and Energy Workers' Int'l Union v. Continental Carbon Co., 428 F.3d 1285, 1292 (10th Cir.2005). Holt, 46 F.3d at 1003; see also Continental Carbon Co., 428 F.3d at 1292. "Pringle v. United States, 208 F.3d 1220, 1223 (10th......read more.


Summary: 445 F. Supp. 2d 1297 (2006) Angie MEADOWS and Cathy Leonard, Plaintiffs, v. CENTURY HEALTHCARE, INC., an Oklahoma Corporation; Dillon Family & Youth Services, Inc., an Oklahoma corporation, d/b/a Shadow Mountain Institute, Michael D. Dubriwny, M.D., and Jerry Dillon, Defendants, and Physicians Liability Insurance Company, an Oklahoma corporation, Garnishor/Plaintiff, and St. Paul Mercury Insurance Company, Garnishee/Defendant. Now before the Court are the following motions: Motion for Summary Ju......read more.


Summary: 919 F. Supp. Plaintiffs brought this action pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. § 9601, et seq., for costs expended by Plaintiffs in response to an order by the Environmental Protection Agency ("EPA") to perform remediation at the Compass landfill site ("the Site"), pursuant to section 106 of CERCLA, 42 U.S.C. § 9606. 2d 202 (1986); Windon Third Oil and Gas v. Federal Deposit Insurance Corporation, 805 F.2d 342, 345 (10th Ci......read more.


Summary: 797 F. Supp. EMS contends that because there is no signed distribution agreement, the statute of frauds prohibits Citadel from recovering on its claims for breach of contract (Count III of the Second Amended Complaint[1]), breach of fiduciary duties (Count V of the Second Amended Complaint), and misappropriation of trade secrets (Count VII of the Second Amended Complaint). EMS contends that plaintiffs' claims for "breach of fiduciary duties and conversion against all defendants/conspiracy" (Coun......read more.


Summary: (2008) Stuart HENDERSON and Regina Henderson, husband and wife, Plaintiffs, v. HORACE MANN INSURANCE COMPANY, a foreign insurance company, Defendant. # 204) on plaintiffs' attorney fee request of $137,770.50. The magistrate judge recommended that plaintiffs, as the prevailing parties, receive a fee award of $36,650.00. Defendant then filed a motion to strike plaintiffs' response (Dkt. For the reasons set forth below, the Court finds that defendant's motion to strike (Dkt. [1] The instant civil a......read more.




Summary: 646 F. Supp. 318 (1986) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. LOCAL 798 OF the UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF the PLUMBING AND PIPEFITTING INDUSTRY OF the UNITED STATES AND CANADA, AFL-CIO, Defendant. This is an action brought by the plaintiff, the Equal Employment Opportunity Commission (EEOC), against the defendant, Local 798, for alleged violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. Under the provisions of Title VII, p......read more.


Summary: 453 F. Supp. Sutton v. Utah State School for the Deaf & Blind, 173 F.3d 1226, 1236 (10th Cir.1999). Prager v. LaFaver, 180 F.3d 1185, 1189 (10th Cir.1999) ("We agree with our sister circuits that if a defendant attaches to a 12(b)(6) motion materials referred to by the plaintiff and central to his claim, the court has discretion to consider such materials.") See United States Olympic Committee v. American Media, Inc., 156 F. Supp. See GFF Corp. v. Associated Wholesale Grocers, Inc., 130 F.3d 138......read more.


Summary: 215 F. Supp. 2d 1220 (2002) Brent E. TESH, Plaintiff, v. UNITED STATES POSTAL SERVICE, John E. Potter, Postmaster General, USPS, the U.S. Merit Systems Protection Board, Defendants. Plaintiff's claim under the Rehabilitation Act of 1973 to the extent it is asserted against the Merit Systems Protection Board ("MSPB") and the United States Postal Service ("USPS"); and 4. If the Report and Recommendation is adopted, the only remaining claims would be (a) plaintiff's claim under the Rehabilitation A......read more.


Summary: 838 F. Supp. 521 (1993) J. Charles F. GILLE, Plaintiff, v. UNITED STATES of America, Defendant. On May 31, 1983, Plaintiff J. Charles F. Gille and his wife Vicki L. Gille filed a joint 1982 tax return showing his address to be 632 S. 1000 W., Orem, Utah, 84057. On May 25, 1985, Bruce F. McGuigan, acting under power of attorney for Vicki L. Gille, mailed to the IRS at its Ogden, Utah center, a cashier's check in the amount of $4,982.48 representing full payment of the deficiency reflected in the ......read more.


Summary: 415 F. Supp. 2d 1248 (2006) Richard Myer BANKS, Mary Lafficer Doyle, Stanley Allen Acuff, Melanie Pool Alphin, Lisa Renee Bell, Plaintiffs, v. Alberto R. GONZALES, Attorney General, United States Department of Justice; Leonidas Ralph Mecham, Director, Administrative Office for the United States Courts; Robert S. Mueller, III, Director, Federal Bureau of Investigation; David E. O'Meilia, United States Attorney for the Northern District of Oklahoma; Brad Stewart, Chief United States Probation Offi......read more.


Summary: 510 F. Supp. *520 Anthony M. Laizure, Stipe Harper Laizure Uselton Belote Maxcey & Thetford, Tulsa, OK, Charles F. Speer, Donnamarie Antoinette Landsberg, Tammy R. Dodson, Speer Law Firm PA, Kansas City, MO, Christopher J. Murray, Christopher Adam Seeger, Laurence Valere Nassif, Seth Alan Katz, Seeger Weiss LLP, New York, NY, Dennis Craig Reich, Reich and Binstock LLP, Houston, TX, Kevin J, Madonna, Robert P. Kennedy, Jr., Kennedy & Madonna LLP, Hurley, NY, Tony Wayne Ed wards, Edwards Law Firm,......read more.


Summary: 782 F. Supp. Plaintiff Christen L. Arnold, as the Administrator of the Estate of Thomas E. Arnold brings this suit under the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq. ("ERISA"), seeking judicial review of the decision to deny disability benefits under a Long-Term Disability Plan ("Plan") provided by ONEOK, Inc. The Long Term Disability Plan Committee approved Arnold's application for benefits on December 10, 2004. Co. of N. Am., 508 F.3d 1303, 1309 (10th Cir. Evidence th......read more.


Summary: 10 F. Supp. Darby-Lynde Co. v. Commissioner (C. C. A. 10) 51 F.(2d) 32. 489; Reynolds, Collector v. Cooper (C. C. A. 10) 64 F.(2d) 644, affirmed, 291 U.S. 192, 54 S. Ct. 356, 78 L. Ed. Two other cases cited, Pugh v. Commissioner (C. C. A. 5) 49 F.(2d) 76, and Alexander v. Continental Petroleum Co. (C. C. A. 10) 63 F.(2d) 927, have no bearing, for each involves an interest in minerals in place. And there are occasions, such as noticed in O'Meara v. Commissioner (C. C. A. 10) 34 F.(2d) 390, and Ch......read more.


Summary: 15 F.2d 565 (1926) UNITED STATES v. BROWN et al. This action was instituted by the United States in its own behalf and on behalf of Louisa Brown, against Louisa Brown and another, having as its object enjoining the defendants Louisa Brown and Wash Hudson from further prosecuting a suit which they had commenced against the other defendants in the district court of Tulsa county, Okl., and to further restrain these defendants from setting up or claiming any interest in and to an oil and gas mining ......read more.


Summary: 177 B.R. 951 (1994) In re Thomas A. CARTER and Marilyn J. Carter, Debtors. RCB BANK, Appellant, v. Thomas A. CARTER and Marilyn J. Carter, Appellees. 29-34 (Marilyn Carter's testimony) and pgs. 68-71 (Thomas Carter's testimony). When Mrs. Carter went to make her first draw on the Bank's loan to repay her start-up costs, shortly after that, she was told by McKinney for the first time that the Bank would not lend the money without a mortgage on the homestead (Transcript at pgs. When Mrs. Carter to......read more.


Summary: 28 F. Supp. The note given to the National Bank of Tulsa was due 90 days after date, and was secured by a pledge of two insurance policies, each in the sum of $5,000, and executed by Northwestern Mutual Insurance Company, 2½ *246 shares of Wheatley Bros. stock, and 200 shares of Consolidated Oil Corporation stock owned by N. K. Moody, and by 20 shares of Standard Oil Company of Indiana, owned by Jane C. Moody, said parties having loaned the stock to Robinson to pledge as security upon the note. ......read more.


Summary: 905 F. Supp. Marlin Oil Corp. v. Colorado Interstate Gas Co., 700 F. Supp. (citations omitted) Pioneer Supply Co. v. American Meter Co., 484 F. Supp. 227, 229 (W.D.Okla.1979); see also McKinley v. Martin, 722 F. Supp. Master Palletizer Sys., Inc. v. T.S. Ragsdale Co., 725 F. Supp. 1525, 1531 (D.Colo.1989), aff'd without op., 937 F.2d 616 (10th Cir.1991); e.g., Bergquist Co. v. Sunroc Corp., 777 F. Supp. 1281, 1284 (N.D.Ill.1986); Maurice Elec. Supply Co. v. Anderson Safeway Guard Rail Corp., 632......read more.