Date: 02-11-2015

Case Style: Vandah Stockbridge v. Pur-Inc, Inc.

Case Number: CJ-2012-832

Judge: Tom A. Lucas

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Andrew Harroz

Defendant's Attorney: Brian Peterson

Description: Vandah Stockbridge and Joe P. Seay sued Pur-Inc, Inc., Pur-Ice, LLC, CWR Resources, LLC, the Estate of Michael Humphreys, and David Williams on breach of contract theories claiming:

1. Plaintiffs are and were, at all material times, residents of Cleveland County, State of Oklahoma.
2. Pm-Ice, LLC is a Nevada Company with officers who may be summoned in Cleveland County, State of Oklahoma.
3. CWR Resources, LLC is a Nevada Company with officers who may be summoned in Cleveland County, State of Oklahoma.
4. Defendant, Michael Humphreys was at all material times a resident of Cleveland County, State of Oklahoma.
5. Defendant, David Williams is and was, at all material times, a resident of Cleveland County, State of Oklahoma.
6. The acts and omissions giving rise to this litigation occurred in Cleveland County, State of Oklahoma; therefore, jurisdiction and venue are proper in this Court.
BACKGROUND FACTS
7. On June 3, 2009, Defendants Michael Humphreys and David Williams entered into a contract for lease payments with Plaintiff Vondah Stockbridge in the amount of $68,400.00 (hereinafter “Agreement No. 1”).
8. Agreement No. 1 was to be paid iii full on or before June 3, 2010. No payments have been made.
9. On September 24, 2009, all Defendants entered into a contract for lease payments with Plaintiff Vondah Stockbridge in the amount of $23,000.00 (hereinafter “Agreement No. 2”).
10. Agreement No. 2 was to be paid in full on or before September 24, 2010. No payments have been made.
11. On September 24, 2009, all Defendants entered into a contract for lease payments with Plaintiff Joe P. Seay in the amount of $23,000.00 (hereinafter “Agreement No. 3”).
12. Agreement No. 3 was to be paid in full on or before September 24, 2010. No payments have been made.
13. Defendants are in breach of their respective contractual duties of Agreement Nos.
1, 2, and 3 (collectively referred to as “the Agreements”).
CAUSE OF ACTION - BREACH OF CONTRACT
14. The Agreements provided for payments to be made on or before specific dates, along with other duties.
15. At this time, Defendants have not met any of their respective contractual duties and are in breach of the Agreements.
16. As a direct result of the Defendants’ breach, the Plaintiffs are entitled to recover all amounts due and owning under the Agreements, which are: principle and interest in excess of $10,000.00 plus interest accrued and accruing thereon.
WHEREFORE, Plaintiffs pray for judgment in their favor and against all named Defendants in an amount to recover damages in excess of $10,000.00, plus interest and costs, including a reasonable attorney fee, and all other relief which this Court deems just and proper under the circumstances.

Docket
Date Code Description Count Party Amount
05-31-2012 TEXT

Civil relief more than $10,000 Initial Filing.
1
05-31-2012 CONTRACT

BREACH OF AGREEMENT - CONTRACT

05-31-2012 DMFE

DISPUTE MEDIATION FEE
$ 2.00
05-31-2012 PFE1

PETITION

Document Available (#1018258050)
$ 163.00
05-31-2012 PFE7

LAW LIBRARY FEE
$ 6.00
05-31-2012 OCISR

Oklahoma Court Information System Revolving Fund
$ 25.00
05-31-2012 CCADMIN02

Court Clerk Administrative Fee on $2 Collections
$ 0.20
05-31-2012 OCJC

Oklahoma Council on Judicial Complaints Revolving Fund
$ 2.00
05-31-2012 OCASA

Oklahoma Court Appointed Special Advocates
$ 5.00
05-31-2012 CCADMIN04

Court Clerk Administrative Fee on Collections
$ 0.50
05-31-2012 LTF

Lengthy Trial Fund
$ 10.00
05-31-2012 SMF

Summons Fee (Clerks Fee) 4-4 def, gta
$ 20.00
05-31-2012 TEXT

OCIS has automatically assigned Judge Lucas, Tom A. to this case.

05-31-2012 ACCOUNT

Receipt # 2012-639558 on 05/31/2012.
Payor:JOSEPH SEAY Total Amount Paid: $233.70.
Line Items:
CJ-2012-832: $183.00 on AC01 Clerk Fees.
CJ-2012-832: $6.00 on AC23 Law Library Fee.
CJ-2012-832: $0.70 on AC31 Court Clerk Revolving Fund.
CJ-2012-832: $5.00 on AC58 Oklahoma Court Appointed Special Advocates.
CJ-2012-832: $2.00 on AC59 Oklahoma Council on Judicial Complaints Revolving Fund.
CJ-2012-832: $2.00 on AC64 Dispute Mediation Fees.
CJ-2012-832: $25.00 on AC79 OCIS Revolving Fund.
CJ-2012-832: $10.00 on AC81 Lengthy Trial Fund.

06-25-2012 SMS

Summons Returned, Served / CM / MICHAEL HUMPHREYS / SIGNED BY CAROLYN HUMPHREYS

Document Available at Court Clerk's Office
Humphreys, Michael
06-25-2012 SMS

Summons Returned, Served / CM / DAVID WILLIAMS / SINGED ON 6-13-12 BY D. WILLIAMS

Document Available at Court Clerk's Office
Williams, David
06-25-2012 SMS

Summons Returned, Served / CM / PUR ICE, LLC / SIGNED BY SL MILLER

Document Available at Court Clerk's Office
Pur Ice LLC
06-25-2012 SMS

Summons Returned, Served / CM / CWR RESOURCES LLC / SIGNED BY S L MILLER

Document Available at Court Clerk's Office
CWR Resources LLC
07-03-2012 APLI

AGREED APPLICATION FOR EXTENSION OF TIME FOR DEFENDANTS TO ANSWER OR RESPOND TO PETITION

Document Available (#1018376413)

07-18-2012 O

ORDER GRANTING DEFENDANTS' AGREED APPLICATION FOR EXTENSION OF TIME TO ANSWER OR RESPOND TO PETITION (TAL)

Document Available (#1018523399)

07-18-2012 A

ANSWER TO PETITION

Document Available (#1018523395)

01-07-2013 MO

PLAINTIFF'S MOTION TO ENTER / 2-26-2013 2:30 P.M.

Document Available (#1020176520)
Stockbridge, Vondah
01-07-2013 MO

PLAINTIFF'S MOTION TO COMPEL DISCOVERY / 2-26-2013 2:30 P.M.

Document Available (#1020176524)
Stockbridge, Vondah
01-25-2013 RESP

DEFENDANTS' RESPONSE TO PLAINTIFFS' MOTION TO COMPEL DISCOVERY

Document Available (#1020175778)

01-28-2013 RESP

DEFENDANTS' RESPONSE TO PLAINTIFF'S MOTION TO ENTER

Document Available (#1020175936)

02-26-2013 CTFREE

SUMMARY ORDER: NO DATE MOTION COMPEL WITHDRAW. TAL

Document Available (#1020714560)

02-26-2013 SO

SCHEDULING ORDER / TAL / IN RE: JURY CALL DOCKET SET 8-12-2013 9:00 A.M. / JURY TRIAL SET 9-9-2013 8;30 A.M. / PRE-TRIAL CONFERENCE 7-30-2013 3:00 P.M. AND JURY ASSIGNMENT DOCKET 9-6-2013 9:00 A.M.

Document Available (#1020714556)
Stockbridge, Vondah
04-30-2013 AMP

first Amended Petition

Document Available (#1020883923)

06-07-2013 A

ANSWER TO FIRST AMENDED PETITION - BRIAN L PETERSON ATTY FOR PUR-ICE LLC, CWR RESOURCES LLC AND DAVID WILLIAMS

Document Available (#1021357553)

07-17-2013 CTFREE

SUMMARY ORDER: 7-16-2013 PRE-TRIAL CONFERENCE 7-30-2013 AND JURY SETTINGS STRICKEN. PRETRIAL CONFERENCE RESET FOR AUGUST 5, 2013 AT 11:30 A.M. APPROPRIATE SETTING TO BE SELECTED AT THAT TIME. PRE-TRIAL CONFERENCE BEFORE JUDGE SCHUMACHER. TS
WITH ATTACHMENTS

Document Available (#1021738071)
Stockbridge, Vondah
08-12-2013 SO

SCHEDULING ORDER/ORDER FOR PRETRIAL CONFERENCE - TS
PTC SET 12-2-13 9:00 AM

Document Available (#1022119333)

09-19-2013 WL

DEFENDANTS FINAL WITNESS AND EXHIBIT LISTS

Document Available (#1022745250)

10-17-2013 SMF

Summons Fee (Clerks Fee) / 1-1 DEF, GTA
$ 5.00
10-17-2013 NO

NOTICE OF SUBPOENA DUCES TECUM

Document Available (#1022781913)

10-17-2013 MO

JOINT MOTION TO CONTINUE PRE-TRIAL AND RELATED DATES / SET FOR 11-21-13 AT 2PM BEFORE JUDGE BALKMAN

Document Available (#1022781917)

10-17-2013 ADJUST

ADJUSTING ENTRY: MONIES DUE TO AC09-CARD ALLOCATION
$ 0.13
10-17-2013 ACCOUNT

ADJUSTING ENTRY: MONIES DUE TO THE FOLLOWING AGENCIES REDUCED BY THE FOLLOWING AMOUNTS:
CJ-2012-832: AC01 Clerk Fees -$0.13

10-17-2013 ACCOUNT

Receipt # 2013-727369 on 10/17/2013.
Payor:ANDREW RALPH HARROZ Total Amount Paid: $5.00.
Line Items:
CJ-2012-832: $4.87 on AC01 Clerk Fees.
CJ-2012-832: $0.13 on AC09 Card Allocations.

10-28-2013 SMF

Summons Fee (Clerks Fee)
$ 5.00
10-28-2013 ADJUST

ADJUSTING ENTRY: MONIES DUE TO AC09-CARD ALLOCATION
$ 0.13
10-28-2013 ACCOUNT

ADJUSTING ENTRY: MONIES DUE TO THE FOLLOWING AGENCIES REDUCED BY THE FOLLOWING AMOUNTS:
CJ-2012-832: AC01 Clerk Fees -$0.13

10-28-2013 ACCOUNT

Receipt # 2013-729354 on 10/28/2013.
Payor:ANDREW RALPH HARROZ Total Amount Paid: $5.00.
Line Items:
CJ-2012-832: $4.87 on AC01 Clerk Fees.
CJ-2012-832: $0.13 on AC09 Card Allocations.

11-21-2013 CTFREE

SO: JOINT MOTION TO CONT SET THIS DATE SUSTAINED. NEW SCHEDULING ORDER TO BE SUBMITTED TO THE COURT W/IN 10 DAYS ***TB***

Document Available (#1023346446)

01-14-2014 SO

SCHEDULING ORDER/ORDER FOR STATUS CONFERENCE - TB
STATUS CONFERENCE 4-23-14 10:00 AM

Document Available (#1023750305)

03-03-2014 MO

DEFENDANT WILLIAMS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS BY PLAINTIFFS STOCKBRIDGE AND SEAY

Document Available (#1024103788)

03-06-2014 NOH

NOTICE OF HEARING ON DEFENDANT WILLIAMS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS BY PLAINTIFFS STOCKBRIDGE AND SEAY / SET 3-27-14 AT 2PM

Document Available (#1024103163)

03-26-2014 CTFREE

SO: UPON REQUEST OF PLAINTIF AND W/O OBJECTION OF DEF, MO COMPEL SET 3-27-14 RESET TO 4-17-14 AT 2:00PM (TB)

Document Available (#1024394596)

04-17-2014 CTFREE

SUMMARY ORDER: MATTER COMES ON FOR HEARING ON DEFENDANTS MOTION TO COMPEL PRODUCTION / ORAL ARGUMENT TAKEN / MOTION GRANTED / DOCUMENTS REQUESTED TO BE PRODUCED SUBJECT TO PROTECTIVE ORDER - TB

Document Available (#1024608987)

04-23-2014 O

STATUS CONFERENCE SUMMARY ORDER / TB / IN RE: PRE-TRIAL CONFERENCE SET: 8-21-2014 9:30 A.M. AND MEDIATION ORDERED IF SETTLEMENT DISCUSSIONS AREN'T SUCCESSFUL NO LATER THAN JULY 1, 2014

Document Available (#1024944650)
Stockbridge, Vondah
08-12-2014 CTFREE

SUMMARY ORDER: 8-7-2014 BY ORDER OF THE COURT, PRE-TRIAL CONFERENCE SET 9:30 A.M. 8-21-2014 RESET TO 4:00 P.M. 8-21-2014. TB

Document Available (#1025970402)

08-21-2014 MO

JOINT MOTION TO CONTINUE PRE-TRIAL CONFERENCE

Document Available (#1026776679)

08-21-2014 O

ORDER ON JOINT MOTION TO CONTINUE PRE-TRIAL CONFERENCE - TB / CONTINUED TO 09-25-14 10:00AM

Document Available (#1026414009)

09-25-2014 SMS

Summons Returned, Served / CM / MIKE HUMPREYS / UNABLE TO FORWARD

Document Available at Court Clerk's Office

09-25-2014 SMS

Summons Returned, Served / PPS / PUR-ICE, INC. BY LEAVING COPY WITH THE SECRETARY OF STATE 10-28-2014

Document Available at Court Clerk's Office
Pur Ice LLC
09-26-2014 PT

PRETRIAL CONFERENCE SUMMARY ORDER - TB

Document Available (#1027129780)

01-15-2015 O

AGREED PROTECTIVE ORDER - TB

Document Available (#1028105309)

01-28-2015 DISPCVDMWP

PLAINTIFFS, VONDAH STOCKBRIDGE AND JOE SEAY'S DISMISSAL WITH PREJUDICE / AS TO PUR-ICE, LLC; CWR RESOURCES, LLC & DAVID WILLIAMS

Document Available (#1028105746)
1 Pur Ice LLC
01-28-2015 DISPDWOP

PLAINTIFFS, VONDAH STOCKBRIDGE AND JOE SEAY'S DISMISSAL WITHOUT PREJUDICE / AS TO DEF, ESTATE OF MICHAEL HUMPHREYS

Document Available (#1028105750)
1 Humphreys, Michael
01-28-2015 MODJ

PLAINTIFFS, VONDAH STOCKBRIDGE AND JOE SEAY'S MOTION FOR DEFAULT JUDGMENT / SET 2-12-15 AT 2PM

Document Available (#1028105742)

01-29-2015 CTFREE

SO: (1-28-2015) PARTIES ANNOUNCE MATTERS SET 1-29-2015 FOR JT SETTLED. JT STRICKEN. MO. DEFAULT FILED 1-28-2015 SET 2-12-2015 AT 2:00PM (TB)

Document Available (#1028441684)

Outcome: On February 11, 2015, counsel for Vondah Stockbridge and Joe Seay (“Plaintiffs”), advised the Court that Defendant, Pur-Ice, Inc., failed to Answer a properly served Petition in the above captioned matter. The Court having reviewed the return of service and heard argument from counsel Finds as follows:
1. Defendant was served with the Petition and Summons in this matter on or about October 28, 2013.
2. Defendant was required to have filed an Answer or otherwise plead to the Petition on or about December 10, 2013. Defendant has failed to file an answer or otherwise responsive pleading to the Petition.
IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED by the Court as follows:
a. That the allegations of Plaintiffs’ Amended Petition with respect to Pur-Ice, Inc. are true as set forth therein.
b. Judgment against the Defendant, Pur-Ice, Inc. in favor of Vondah Stockbridge for the breach of Agreement No. 1 as defined in the Petition in the amount of $68,400.00 plus contractual and statutory interest.
c. Judgment against the Defendant, Pur-Ice, Inc. in favor of Joe Seay for the breach of Agreement No. 3 as defined in the Petition in the amount of $23,000.00 plus contractual and statutory interest.
d. That Plaintiffs are entitled to an award of $1,500.00 representing their reasonable attorneys’ fees and an award of $260.00 representing its reasonable costs incurred in obtaining judgment against Defendant.
e. That Plaintiffs are entitled to interest at the legal rate on the attorneys’ fecs and costs awarded hereunder until collection, and is entitled to collect all attorneys’ fees and costs incurred in collection of this judgment.

Plaintiff's Experts:

Defendant's Experts:

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