Date: 05-01-2015

Case Style: Torris Brand v. Rick Block

Case Number: CJ-2013-4350

Judge: Linda G. Morrissey

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Kelly Monaghan and Graham Parker

Defendant's Attorney: Jody Nathan, Nathan Parrilli and Neal Stauffer

Description: Tulsa, OK - Torris Brand sued Rick Block on an auto negligence theory claiming:

1. Brand is an individual residing in Tulsa County, State of Oklahoma.
2. Defendant is an individual residing in Tulsa County, State of Oklahoma.
3. The agreement which is the subject of this lawsuit was negotiated in and entered into in Tulsa County, Oklahoma.
4. This Court has personal and subject matterjurisdiction over the claims and the parties that are the subject of this litigation.
5. Venue is proper in Tulsa County pursuant to 12 OS. § 134.
FACTUAL BACKGROUND
6. Brand repeats, re-alleges, and incorporates herein the statements set forth in paragraphs 1-5 above.
7. Brand was an exclusive agent for Allstate Insurance Co. (“Allstate”) and maintained a book consisting of property, casualty, life, commercial, automobile, and homeowners insurance
contracts between Allstate and its policyholders. Brand sought to transfer his financial interest in these contracts to Defendant.
8. On April 30, 2012, the parties entered into an Agreement for Sale of Business (“Agreement”) whereby Brand agreed to transfer his financial interest in all his insurance contracts to Defendant for the total purchase price of $140,000.00 with $60,000.00 to be paid at the time of transfer and the remaining $80,000.00 to be paid in equal installments of $4,444.44 over the following eighteen (18) months. [See Agreement for Sale of Business, dated April 30, 2013, attached as Exhibit A]
9. The Agreement was contingent upon Allstate approving the transfer and transferring all the contracts from Brand to Defendant, subject to each policyholders’ consent, which was done.
10. The Defendant made the initial down payment of $60,000.00 as specified in the Agreement.
11. However, Defendant failed to pay the remaining balance of $80,000.00 and has refused to do so despite repeated demand.
FIRST CAUSE OF ACTION
(Breach of Contract)
12. Brand repeats, re-alleges, and incorporates herein the statements set forth in
paragraphs 1-11 above.
13. By failing to pay the remaining $80,000.00, the Defendant breached the Agreement. Brand has made demand upon Defendant to pay such sum but he has failed, refhsed and neglected to pay such sums as are presently due and owing to Brand.
14. Brand has complied with the terms, obligations, and provisions of the parties’ agreement and as required by law.
15. All conditions precedent to Defendant’s performance under the Agreement has been performed or occurred.
16. Defendant has no valid claim, cause of action, counterclaim, liability, damages, defense or right of offset against Brand in relation to the Agreement.
17. Despite having purchased and received the benefit of the transfer of the insurance contracts, Defendant has failed to pay the sums due and owing to Brand.
18. The Defendant’s failure to pay the sums due and owing to Brand constitute a breach of the Agreement.
19. Defendant’s breach ofthe Agreement has resulted in damages to Brand in the amount of $80,000.00.
20. Brand is entitled to judgment against Defendant for the actual damages caused by or sustained as a result of Defendant’s breach of the Agreement in an amount not less than $80,000.00 plus pre-judgment and post-judgment interest, attorneys fees and costs.


Docket
Date Code Description Count Party Amount
09-12-2013 TEXT

Civil relief more than $10,000 Initial Filing.
1
09-12-2013 INDEBT

INDEBTEDNESS

09-12-2013 DMFE

DISPUTE MEDIATION FEE
$ 2.00
09-12-2013 PFE1

PETITION

Document Available (#1022829412)
$ 163.00
09-12-2013 PFE7

LAW LIBRARY FEE
$ 6.00
09-12-2013 OCISR

Oklahoma Court Information System Revolving Fund
$ 25.00
09-12-2013 CCADMIN02

Court Clerk Administrative Fee on $2 Collections
$ 0.20
09-12-2013 OCJC

Oklahoma Council on Judicial Complaints Revolving Fund
$ 2.00
09-12-2013 OCASA

Oklahoma Court Appointed Special Advocates
$ 5.00
09-12-2013 CCADMIN04

Court Clerk Administrative Fee on Collections
$ 0.50
09-12-2013 LTF

Lengthy Trial Fund
$ 10.00
09-12-2013 SMF

Summons Fee (Clerks Fee)
$ 5.00
09-12-2013 SMIP

Summons Issued - Private Process Server

09-12-2013 EAA

ENTRY OF APPEARANCE (KELLY F MONAGHAN & D. GRAHAM PARKER ENTER AS COUNSEL)

Document Available (#1022971064)
BRAND, TORRIS
09-12-2013 TEXT

OCIS has automatically assigned Judge Morrissey, Linda G. to this case.

09-12-2013 ACCOUNT

Receipt # 2013-2683672 on 09/12/2013.
Payor:MONAGHAN & ASSOC Total Amount Paid: $218.70.
Line Items:
CJ-2013-4350: $168.00 on AC01 Clerk Fees.
CJ-2013-4350: $6.00 on AC23 Law Library Fee.
CJ-2013-4350: $0.70 on AC31 Court Clerk Revolving Fund.
CJ-2013-4350: $5.00 on AC58 Oklahoma Court Appointed Special Advocates.
CJ-2013-4350: $2.00 on AC59 Oklahoma Council on Judicial Complaints Revolving Fund.
CJ-2013-4350: $2.00 on AC64 Dispute Mediation Fees.
CJ-2013-4350: $25.00 on AC79 OCIS Revolving Fund.
CJ-2013-4350: $10.00 on AC81 Lengthy Trial Fund.

09-25-2013 S

Party has been successfully served. SUMMONS SERVED ON RICK BLOCK / PERSONAL SERVICE / ON 9-13-13 BY PROCESS SERVER

Document Available (#1023097938)
BLOCK, RICK
10-02-2013 EAA

ENTRY OF APPEARANCE (NEAL STAUFFER, JODY R NATHAN, & NATHANIEL G PARRILLI ENTER AS COUNSEL - COVERSHEET ATTACHED) / CERTIFICATE OF SERVICE

Document Available (#1023094763)
BLOCK, RICK
10-02-2013 AC/C

DEFENDANT RICK BLOCK'S ANSWER & COUNTERCLAIM / CERTIFICATE OF SERVICE / C TO Y

Document Available (#1023094759)
BLOCK, RICK
10-03-2013 AM

DEFT RICK BLOCK'S AMENDED ANSWER & COUNTERCLAIM / CERTIFICATE OF SERVICE

Document Available (#1023096963)
BLOCK, RICK
10-21-2013 A

PLAINTIFF'S ANSWER TO DEFENDANT'S AMENDED COUNTERCLAIM / CERTIFICATE OF SERVICE

Document Available (#1023329624)
BRAND, TORRIS
06-18-2014 CTFREE

MORRISSEY, LINDA G: NOTICE OF DISPOSITION DOCKET: PURSUANT TO 12 OKLA. STAT. SECTION 1083, NOTICE IS HEREBY GIVEN THAT THE ABOVE CASE IS SCHEDULED FOR DISPOSITION FOR FAILURE TO PROSECUTE ON THE ABOVE JUDGE'S DISPOSITION DOCKET TO BE HELD ON JULY 8, 2014 AT 1:30 P.M. IN COURTROOM 601. THIS CASE WILL BE DISMISSED WITHOUT PREJUDICE BY THE COURT UNLESS COUNSEL APPEARS AND SHOWS GOOD CAUSE WHY THE CASE SHOULD BE ALLOWED TO REMAIN ON THE DOCKET.

NOTICE MAILED TO: KELLY MONAGHAN, GRAHAM PARKER; NEAL STAUFFER, JODY NATHAN, NATHAN PARRILLI

06-18-2014 NODD

NOTICE OF DISPOSITION DOCKET/ SCHEDULED FOR 7-8-14 @ 1:30 PM IN COURTROOM 601/ CERTIFICATE OF MAILING/ TO: D GRAHAM PARKER

Document Available (#1026065747)

06-18-2014 NODD

NOTICE OF DISPOSITION DOCKET/ SCHEDULED FOR 7-8-14 @ 1:30 PM IN COURTROOM 601/ CERTIFICATE OF MAILING/ TO: JODY RAE NATHAN

Document Available (#1026065743)

06-18-2014 NODD

NOTICE OF DISPOSITION DOCKET/ SCHEDULED FOR 7-8-14 @ 1:30 PM IN COURTROOM 601/ CERTIFICATE OF MAILING/ TO: KELLY F MONAGHAN

Document Available (#1026065739)

06-18-2014 NODD

NOTICE OF DISPOSITION DOCKET/ SCHEDULED FOR 7-8-14 @ 1:30 PM IN COURTROOM 601/ CERTIFICATE OF MAILING/ TO: NATHAN PARRILLI

Document Available (#1026065735)

06-18-2014 NODD

NOTICE OF DISPOSITION DOCKET/ SCHEDULED FOR 7-8-14 @ 1:30 PM IN COURTROOM 601/ CERTIFICATE OF MAILING/ TO: NEAL E STAUFFER

Document Available (#1026065731)

07-07-2014 CTFREE

MORRISSEY, LINDA G: AGREED SCHEDULING ORDER ENTERED; PRETRIAL CONFERENCE SET 1/6/15 AT 10:00 AM; PARTIES DECLINE MEDIATION AT THIS TIME

07-07-2014 CNOTE

CLERK'S NOTE: DISPOSITION HEARING SET 7/8/14 IS STRICKEN; AGREED SCHEDULING ORDER ENTERED

07-09-2014 SCHO

AGREED SCHEDULING ORDER / 7-7-14

Document Available (#1026483134)

08-01-2014 APLI

UNOPPOSED APPLICATION FOR ONE ATTORNEY OF RECORD TO WITHDRAW / D. GRAHAM PARKER WITHDRAWS / KELLY F MONAGHAN WILL REMAIN

Document Available (#1026637107)

08-07-2014 CTFREE

MORRISSEY, LINDA G: ORDER ENTERED GRANTING UNOPPOSED APPLICATION FOR ONE ATTORNEY OF RECORD TO WITHDRAW (GRAHAM PARKER)

08-15-2014 O

ORDER GRANTING UNOPPOSED APPLICATION FOR ONE (1) ATTORNEY OF RECORD TO WITHDRAW / KELLY F MONAGHAN

Document Available (#1026815013)

09-10-2014 WL

PLAINTIFF'S PRELIMINARY WITNESS AND EXHIBIT LIST / CERTIFICATE OF SERVICE

Document Available (#1027188912)
BRAND, TORRIS
10-17-2014 WL

PLAINTIFF'S FINAL WITNESS NAD EXHIBIT LIST / CERTIFICATE OF SERVICE

Document Available (#1027500798)
BRAND, TORRIS
10-17-2014 WL

DEFENDANT RICK BLOCK'S FINAL WITNESS AND EXHIBIT LIST / CERTIFICATE OF SERVICE

Document Available (#1027500784)
BLOCK, RICK
11-18-2014 MO

Motion TO ENTER AGREED AMENDED SCHEDULING ORDER / A TO J /CERTIFICATE SERVICE

Document Available (#1027833271)
BRAND, TORRIS
11-18-2014 CTFREE

MORRISSEY, LINDA G: MOTION TO ENTER AGREED AMENDED SCHEDULING ORDER GRANTED; AGREED AMENDED SCHEDULING ORDER ENTERED; PRETRIAL CONFERENCE SET 6/2/15 AT 11:30 AM; PARTIES DECLINE MEDIATION AT THIS TIME

11-19-2014 AM

AGREED AMENDED SCHEDULING ORDER / 11-18-14

Document Available (#1027833464)

01-16-2015 WL

PLAINTIFF'S PRELIMINARY WITNESS AND EXHIBIT LIST / CERTIFICATE OF SERVICE

Document Available (#1028391328)
BRAND, TORRIS
02-23-2015 WL

PLAINTIFF'S FINAL WITNESS AND EXHIBIT LIST / CERTIFICATE OF SERVICE

Document Available (#1028753699)
BRAND, TORRIS
05-01-2015 DWOP

PLAINTIFFS DISMISSAL WITHOUT PREJUDICE AGAINST DEF RICK BLOCK

Document Available (#1029447577)
BLOCK, RICK
05-01-2015 DISPDWOP

DISMISSAL WITHOUT PREJUDICE
1 BLOCK, RICK
05-01-2015 DWP

DISMISSAL OF COUNTERCLAIM WITH PREJUDICE BY DEF AGAINST PLT

Document Available (#1029447638)
BRAND, TORRIS
05-01-2015 DISPCVDMWP

DISMISSAL WITH PREJUDICE
2 BRAND, TORRIS

Outcome: Dismissed

Plaintiff's Experts:

Defendant's Experts:

Comments: