Date: 05-04-2015

Case Style: Marjorie Londagin v. Wal-Mart Stores East, L.P.

Case Number: CJ-2012-1941

Judge: Rebecca B. Nightingale

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Mark Miller

Defendant's Attorney: Angelyn Leigh Dale

Description: Tulsa, OK - Marjorie Londagin sued Wal-Mart Stores East, L.P., Wal Mart Stores, Inc., Wal Mart Stores East, Inc. and Wal Mart Associates, Inc. on wrongful termination theories claiming:

1. Plaintiff is a resident of Wagoner County, Oklahoma.
2. The Defendants are foreign corporations doing business iU Tulsa County,
Oklahoma. 3 The accident and inju that gives rise to ts action occuned in Tulsa Coun’
Oklahoma
4 This Court has junsdiction and venue is proper in Tulsa County, Oklahoma
STATEMENT OF FACTS
5. Paragraphs 1-4 are incorporated herein by reference.
6. Plaintiff sustained an accidental injury arising out of and in the course of her employment while working for and employed by one or all of the Defendants.
7. Plaintiff notified her supervisor of this injury and sought medical treatment.
8. Plaintiff filed a workers compensation claim as a result of her injury.
9. Plaintiff was subsequently terminated from her employment with Defendants on April 16, 2010 while receiving medical treatment as a result of her work related injury.
CAUSE OF ACTION
(As To All Defendants)
COUNT I
WRONGFUL TERMINATION
10. Paragraphs 1-9 are incorporated herein by reference.
11. Plaintiff sustained an accident injury arising out of and in the course of her employment while working for one or more of the Defendants.
12. One or more of the Defendants subsequently terminated plaintiff for exercising the rights afforded to her under the Oklahoma Workers’ Compensation Act, OKLA. STAT. Tit. 85, Sec. 5.
13. The termination of Plaintiff was in direct violation of Oklahoma law. More specifically, said policy and act of termination violates the Oklahoma Workers’ Compensation Act, OKLA. STAT. Tit. 85, Sec. 5.
14. As a result of this wrongful termination, Plaintiff has suffered considerable damages including, but not limited to loss wages and other actual damages in excess of $75,000.00.
COUNT II
PUNITIVE DAMAGES
15. Paragraphs 1-14 are incorporated herein by reference.
16. Defendants acted in reckless disregard of the rights of Plaintiff and all employees. Furthermore, by enacting and implementing an employment policy in such violation of the Oklahoma Workers’ Compensation Act, Defendants acted intentionally and with malice towards others.
17. This conduct was conducted with full knowledge where the Defendants knew or should have known, of the severe adverse consequences of their actions upon Plaintiff and all other employees of Defendants.
18. Such a policy was not only detrimental to Plaintiff, but detrimental to the public in general, and punitive damages are appropriate under OKLA. STAT. Tit. 85 Sec. 6.

Docket
Date Code Description Count Party Amount
04-13-2012 TEXT

Civil relief more than $10,000 Initial Filing.
1
04-13-2012 TERMINATE

WRONGFUL TERMINATION

04-13-2012 DMFE

DISPUTE MEDIATION FEE
$ 2.00
04-13-2012 PFE1

PETITION

Document Available (#1018230204)
$ 163.00
04-13-2012 PFE7

LAW LIBRARY FEE
$ 6.00
04-13-2012 OCISR

Oklahoma Court Information System Revolving Fund
$ 25.00
04-13-2012 CCADMIN02

Court Clerk Administrative Fee on $2 Collections
$ 0.20
04-13-2012 OCJC

Oklahoma Council on Judicial Complaints Revolving Fund
$ 2.00
04-13-2012 OCASA

Oklahoma Court Appointed Special Advocates
$ 5.00
04-13-2012 CCADMIN04

Court Clerk Administrative Fee on Collections
$ 0.50
04-13-2012 LTF

Lengthy Trial Fund
$ 10.00
04-13-2012 SMF

Summons Fee (Clerks Fee)
$ 5.00
04-13-2012 SMIP

Summons Issued - Private Process Server

04-13-2012 TEXT

OCIS has automatically assigned Judge Barcus, Mark to this case.

04-13-2012 ACCOUNT

Receipt # 2012-2337582 on 04/13/2012.
Payor:SMOLEN SMOLEN Total Amount Paid: $218.70.
Line Items:
CJ-2012-1941: $168.00 on AC01 Clerk Fees.
CJ-2012-1941: $6.00 on AC23 Law Library Fee.
CJ-2012-1941: $0.70 on AC31 Court Clerk Revolving Fund.
CJ-2012-1941: $5.00 on AC58 Oklahoma Court Appointed Special Advocates.
CJ-2012-1941: $2.00 on AC59 Oklahoma Council on Judicial Complaints Revolving Fund.
CJ-2012-1941: $2.00 on AC64 Dispute Mediation Fees.
CJ-2012-1941: $25.00 on AC79 OCIS Revolving Fund.
CJ-2012-1941: $10.00 on AC81 Lengthy Trial Fund.

10-08-2012 S

Party has been successfully served. SUMMONS SERVED FOR WALMART STORES EAST LP, CERTIFIED MAIL, SIGNED KORRI BEHLER, ON 10-1-12,

Document Available (#1019760025)
WAL MART STORES EAST LP
11-14-2012 A

ANSWER & DEFENSES OF DEFT WAL-MART STORES EAST LP / CERTIFICATE OF SERVICE

Document Available (#1020108183)
WAL MART STORES EAST LP
11-14-2012 EAA

ENTRY OF APPEARANCE (ANGELYN L DALE ENTERS AS COUNSEL - COVERSHEET ATTACHED) / CERTIFICATE OF SERVICE

Document Available (#1020108187)
WAL MART STORES EAST LP
07-02-2013 CTFREE

BARCUS, MARK: NOTICE OF DISPOSITION DOCKET ENTERED. DISPOSITION DOCKET SET FOR 8-8-13 AT 10:00 A.M., ROOM 506.
COPY OF NOTICE MAILED TO: ANGELYN DALE AND MARK MILLER.

07-03-2013 NODD

NOTICE OF DISPOSITION DOCKET / SCHEDULED TO BE HELD ON 8-8-13 @ 10:00 AM IN COURTROOM 506 / CERTIFICATE OF MAILING / TO: ANGELYN LEIGH DALE

Document Available (#1022332745)

07-03-2013 NODD

NOTICE OF DISPOSITION DOCKET / SCHEDULED TO BE HELD ON 8-8-13 @ 10:00 AM IN COURTROOM 506 / CERTIFICATE OF MAILING / TO: MARK L MILLER

Document Available (#1022332733)

07-11-2013 CNOTE

CASE NOTE - PER PHONE CALL FROM ANGELA WITH MARK MILLER'S OFFICE, AN AGREED SCHEDULING ORDER TO BE SUBMITTED WITHIN TEN (10) DAYS. CASE IS STRICKEN OFF THE 8-8-13 DISPO DOCKET.

07-29-2013 CTFREE

BARCUS, MARK: AGREED SCHEDULING ORDER ENTERED, ALL AS PER ORDER.
(1-2)

07-30-2013 SCHO

AGREED SCHEDULING ORDER / 7-29-13

Document Available (#1022561945)

03-10-2014 MO

JOINT MOTION FOR AGREED AMENDED SCHEDULING ORDER

Document Available (#1024415853)

03-11-2014 CTFREE

BARCUS, MARK: AGREED AMENDED SCHEDULING ORDER ENTERED, ALL AS PER ORDER.
(1-2)

03-11-2014 SCHO

AGREED AMENDED SCHEDULING ORDER

Document Available (#1024417651)

07-10-2014 MO

JOINT MOTION FOR AGREED AMENDED SCHEDULING ORDER /

Document Available (#1026484092)

07-15-2014 CTFREE

KUEHN, DANA FOR JUDGE BARCUS: AGREED AMENDED SCHEDULING ORDER ENTERED/GRANTED ALL AS PER ORDER.
PRETRIAL SET FOR 12-15-14 AT 10:45 A.M., ROOM 506.
(1-2)

07-16-2014 AM

AGREED AMENDED SCHEDULING ORDER / 7-15-14

Document Available (#1026479297)

10-06-2014 MO

JOINT MOTION FOR AGREED AMENDED SCHEDULING ORDER / A TO J /

Document Available (#1027419300)

10-10-2014 CTFREE

KUEHN, DANA: AGREED AMENDED SCHEDULING ORDER ENTERED, ALL AS PER ORDER.
PRETRIAL CONFERENCE SET FOR 2-26-15 AT 10:00 A.M.

CLERK NOTE: THE PRETRIAL CONFERENCE SET FOR 12-15-14 IS STRICKEN.

10-10-2014 AM

AGREED AMENDED SCHEDULING ORDER / 10-10-14

Document Available (#1027422419)

11-02-2014 TEXT

Administratively Reassigned by AOC MIS per Help Desk Contact HD36523

01-30-2015 MO

JOINT MOTION FOR AGREED AMENDED SCHEDULING ORDER / A2J

Document Available (#1028546274)
LONDAGIN, MARJORIE
02-02-2015 CTFREE

NIGHTINGALE, REBECCA: GRANTED - AGREED AMENDED SCHEDULING ORDER ENTERED. PRE TRIAL CONFERENCE RESET 7-6-15 AT 9:15 AM.

02-06-2015 AM

AGREED AMENDED SCHEDULING ORDER / 2-2-15

Document Available (#1028672482)

05-04-2015 DWP

JOINT DISMISSAL WITH PREJUDICE

Document Available (#1029445519)
WAL MART ASSOCIATES INC

Outcome: Settled and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

Comments: