Date: 02-19-2015

Case Style: Sooner Medical Staffing, LLC v. Bellecreek Center, LLC d/b/a Cedar Breek, Bellecrest, LLC d/b/a Hillcrest

Case Number: CJ-2014-194

Judge: Lori Walkley

Court: District Court, Cleveland County, Oklahoma

Plaintiff's Attorney: Eileen Echols and Ben Sisney

Defendant's Attorney: Linda Scoggins and Nick Slaymaker

Description: Norman, OK - Sooner Medical Staffing, LLC sued Bellecreek Center, LLC d/b/a Cedar Breek, Bellecrest, LLC d/b/a Hillcrest on breach of contract theories claiming:

1. Sooner Medical Staffing is an Oklahoma Limited Liability Company having its principle place of business at 9925 South Pennsylvania, Suite 101, Oklahoma City, Oklahoma 73159. Sooner Medical Staffing is a medical staffing agency in the business of staffing healthcare professionals to nursing homes, assisted living centers, and other healthcare facilities.
2. It is believed Defendant, Bellecreek Center L.L.C. is an Oklahoma L.L.C. with its permanent place of business in Cleveland County; and that Bellecrest L.L.C. is an Oklahoma L.L.C. with its permanent place of business in Cleveland County.
Venue
3. Pursuant to 12 OkIa. Stat. §134, 139, & 142, venue is proper in Cleveland County because the principle place of business for both Defendants Bellecreek Center L.L.C. and Bellecrest L.L.C. is Cleveland County, and this Court has subject matter and personal jurisdiction over this controversy.
4. Sooner Medical Staffing entered into contracts with all Defendants, whereby Sooner Medical Staffing agreed to, when requested, send temporary staffing to each Defendant and each Defendant agreed to pay for said staffing.
5. To date, the Defendants have breached their contracts with Sooner Medical Staffing by failing to pay for Ninety Thousand Seven Hundred Fifty-Eight Dollars and Thirty-Seven Cents ($90,758.37) worth of staffing that was provided.
6. Defendants have never disputed that the amounts invoiced are owed.
7. Defendants are jointly and severably liable for all money owed by the various Defendants to Sooner Medical Staffing.
COUNT I
BREACH OF CONTRACT
8. The allegations contained in paragraphs 1-7 are incorporated by reference.
9. Sooner Medical Staffing and the Defendants entered into a contractual relationship whereby Sooner Medical Staffing agreed to provide temporary staffing to Defendants and each Defendant agreed to pay for said staffing.
10. Sooner Medical Staffing provided staffing in compliance with its contracts with Defendants.
11. Defendants have failed to make payments for the services rendered by Sooner Medical Staffing as required by the contracts.
12. In failing to pay for services rendered, Defendants breached the contracts with Sooner Medical Staffing.
13. Plaintiff has incurred damages by way of Defendant’s Breach of Contract, including but not limited to the sum of Ninety Thousand Seven Hundred Fifty- Eight Dollars and Thirty-Seven Cents ($90,758.37) and lost profits. The Contracts with Defendants prevented Plaintiff from rendering services to other entities who would have paid for same.
14. Defendants are liable for past due interest on the unpaid balance, as provided for in the contracts.
COUNT II
UNJUST ENRICHMENT
15. The allegations contained in paragraph 1-14 are incorporated by reference.
16. Defendants were unjustly enriched by Ninety Thousand Seven Hundred Fifty- Eight Dollars and Thirty-Seven ($90,758.37) because they received staffing services from Sooner Medical Staffing without paying for same.
17. Plaintiff has incurred damages by way of each Defendant’s unjust enrichment, including but not limited to the sum of Ninety Thousand Seven Hundred Fifty- Eight Dollars and Thirty-Seven Cents ($90,758.37) worth of services rendered and lost profits. The Contracts with Defendants prevented Plaintiff from rendering services to other entities who would have paid for same.
PRAYER FOR RELIEF
For the reasons above stated, Sooner Medical Staffing respectfully requests the Court to enter judgment in favor of Sooner Medical Staffing, holding that: (1) Each Defendant
breached its contractual agreement with Sooner Medical Staffing by failing to pay for
contractual services provided, (2) enter a a judgment awarding to Plaintiff the sum of Ninety Thousand Seven Hundred Fifty-Eight Dollars and Thirty-Seven Cents ($90,758.37) for the total amount that is unpaid, (3) enter an award of interest as provided for under the contract as well as post-judgment interest pursuant to law, (4) and order that the Defendants be required to pay the attorney’s fees and costs incurred by Sooner Medical Staffing as a result of bringing this action.

Court docket entries for this case:

Date Code Description Count Party Amount
02-14-2014 TEXT

Civil relief more than $10,000 Initial Filing.
1
02-14-2014 CONTRACT

BREACH OF AGREEMENT - CONTRACT

02-14-2014 DMFE

DISPUTE MEDIATION FEE
$ 2.00
02-14-2014 PFE1

VERIFIED PETITION

Document Available (#1024107489)
$ 163.00
02-14-2014 PFE7

LAW LIBRARY FEE
$ 6.00
02-14-2014 OCISR

Oklahoma Court Information System Revolving Fund
$ 25.00
02-14-2014 CCADMIN02

Court Clerk Administrative Fee on $2 Collections
$ 0.20
02-14-2014 OCJC

Oklahoma Council on Judicial Complaints Revolving Fund
$ 2.00
02-14-2014 OCASA

Oklahoma Court Appointed Special Advocates
$ 5.00
02-14-2014 CCADMIN04

Court Clerk Administrative Fee on Collections
$ 0.50
02-14-2014 LTF

Lengthy Trial Fund
$ 10.00
02-14-2014 SMF

Summons Fee (Clerks Fee)2-2
$ 10.00
02-14-2014 EAA

ENTRY OF APPEARANCE: M EILEEN ECHOLS AND BENJAMIN P SISNEY OF ECHOLS AND ASSOCIATES FOR PLAINTIFF

Document Available (#1024107493)

02-14-2014 TEXT

OCIS has automatically assigned Judge Walkley, Lori to this case.

02-14-2014 ACCOUNT

Receipt # 2014-746552 on 02/14/2014.
Payor:SOONER MEDICAL STAFFING LLC Total Amount Paid: $223.70.
Line Items:
CJ-2014-194: $173.00 on AC01 Clerk Fees.
CJ-2014-194: $6.00 on AC23 Law Library Fee.
CJ-2014-194: $0.70 on AC31 Court Clerk Revolving Fund.
CJ-2014-194: $5.00 on AC58 Oklahoma Court Appointed Special Advocates.
CJ-2014-194: $2.00 on AC59 Oklahoma Council on Judicial Complaints Revolving Fund.
CJ-2014-194: $2.00 on AC64 Dispute Mediation Fees.
CJ-2014-194: $25.00 on AC79 OCIS Revolving Fund.
CJ-2014-194: $10.00 on AC81 Lengthy Trial Fund.

03-12-2014 SMS

Summons Returned, Served / PPS / BELLECREST LLC DBA HILLCREST / SERVING DAVID THOMPSON ON 3-11-14

Document Available at Court Clerk's Office
HILLCREST
03-12-2014 SMS

Summons Returned, Served / PPS / BELLECREEK CENTER LLC DBA CEDAR CREEK / SERVING DAVID THOMPSON ON 3-11-14

Document Available at Court Clerk's Office
BELLECREEK CENTER LLC
03-31-2014 EAA

ENTRY OF APPEARANCE / LINDA G. SCOGGINS AND NICK E. SLAYMAKER, ATTYS FOR DEFS

Document Available (#1023756479)

04-21-2014 A

ANSWER / DEFS

Document Available (#1024609168)

02-19-2015 DISPCVDMWP

DISMISSAL WITH PREJUDICE / PLTF

Document Available (#1028561655)

Outcome: Settled and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

Comments: