Date: 06-30-2012

Case Style: Toppers Caberet, Inc. d/b/a Cloud Nine Gentlemen's Club v. Thomason Tyler and Lynch Insurance Company

Case Number: CJ-2004-6710

Judge: Daman H. Cantrell

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Eugene Robinson, Robinson Law Firm, Tulsa, Oklahoma

Defendant's Attorney: Bruce Alvin McKenna, Glendening, McKenna & Prescott, Tulsa, Oklahoma

Description: Toppers Caberet, Inc. d/b/a Cloud Nine Gentlemen's Club v. Thomason Tyler and Lynch Insurance Company, aka Thomason and Tyler Insurance, aka Thomason Tyler Lynch and Bert Tyler on breach of fiduciary duty theories.

The Petition in this case was filed on October 28, 2004. The sole relief requested was for indemnity for a settlement paid or an incident occurring at the Cloud Nine “Gentlemen’s Club� in which Willie Harjo, a man who had been evicted from the club for assaulting one or more of the dancers, became involved in an altercation with an independent contractor of Cloud Nine who struck Halo in the head with a flashlight after Harjo had engaged in threatening behavior in the parking lot. Specifically, the Petition demanded the following relief:

Plaintiff sought judgment against the Defendants, jointly and severally for any award, verdict, settlement to Harjo, attorney’s fees and costs incurred in defending the Halo case, the costs and fees incurred in this action, interest, and any additional relief the court deems just.

Outcome: CANTRELL, DAMAN: THE COURT HAS REVIEWED DEFENDANT'S MOTION TO DISMISS BASED UPON FAILURE OF COOPERATION WITH DISCOVERY. WITH THE EXCEPTION OF A RULE 9 (B) SHOW CAUSE STATEMENT THAT WAS NEVER FILED, IT APPEARS THAT MOST, IF NOT ALL OF THE EXTENSIONS OF TIME IN THIS CASE WERE BY AGREEMENT OR WITH AN EFFORT TO MEDIATE THE CASE. WHILE THIS IS COMMENDABLE, TO ASK THE COURT TO DISMISS THE CASE WITH PREJUDICE IS SOMEWHAT PREMATURE, AS NO SUCH SANCTION WAS EVER ASKED IN A PREVIOUS MOTION TO COMPEL UNTIL THE MOTION FILED THREE WEEKS BEFORE THE TRIAL DATE . (AS DEFENDANT NOTES, THERE WAS AN AGREED SANCTION OF ABATEMENT OF INTEREST). THE COURT AGREES THAT THIS IS ONE OF ITS OLDEST CASES AND NEEDS TO BE MOVED. IT APPEARS THE CASE IS NOT READY TO TRY BY EITHER SIDE. THE COURT THEREFORE DISMISSES THIS CASE WITHOUT PREJUDICE FOR FAILURE TO FILE A 9(B) SHOW CAUSE PLEADING AND BECAUSE NO EXPERT WITNESS HAS APPARENTLY EVER BEEN IDENTIFIED. THE COURT WILL CONSIDER A REQUEST FOR ATTORNEY FEES BY DEFENSE COUNSEL UPON APPLICATION. JURY TRIAL SET FOR 6-18-12 IS STRICKEN AS MOOT. NOTICE MAILED TO BRUCE MCKENNA AND GENE ROBINSON.

Plaintiff's Experts:

Defendant's Experts:

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