Date: 02-20-2017

Case Style: Shamara Phillips v. Nicholas Joseph Noel

Case Number: CJ-2015-2952

Judge: Dana Kuehn

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney:

Personal Injury Lawyer Directory

Defendant's Attorney: Richard Selman

Description: Tulsa, OK - Personal injury lawyer represented Plaintiff who sued Defendant on an auto negligence theory.

Issue # 1. Issue: AUTO NEGLIGENCE (AUTONEG)
Filed By: PHILLIPS, SHAMARA
Filed Date: 08/10/2015
Party Name Disposition Information
Defendant: NOEL, NICHOLAS JOSEPH Disposed: DISMISSED - SETTLED, 01/23/2017. Dismissed- Settled
Docket
Date Code Description Count Party Amount
08-10-2015 TEXT

CIVIL RELIEF MORE THAN $10,000 INITIAL FILING.
1
08-10-2015 AUTONEG

AUTO NEGLIGENCE

08-10-2015 DMFE

DISPUTE MEDIATION FEE
$ 2.00
08-10-2015 PFE1

PETITION

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$ 163.00
08-10-2015 PFE7

LAW LIBRARY FEE
$ 6.00
08-10-2015 OCISR

OKLAHOMA COURT INFORMATION SYSTEM REVOLVING FUND
$ 25.00
08-10-2015 CCADMIN02

COURT CLERK ADMINISTRATIVE FEE ON $2 COLLECTIONS
$ 0.20
08-10-2015 OCJC

OKLAHOMA COUNCIL ON JUDICIAL COMPLAINTS REVOLVING FUND
$ 2.00
08-10-2015 OCASA

OKLAHOMA COURT APPOINTED SPECIAL ADVOCATES
$ 5.00
08-10-2015 CCADMIN04

COURT CLERK ADMINISTRATIVE FEE ON COLLECTIONS
$ 0.50
08-10-2015 LTF

LENGTHY TRIAL FUND
$ 10.00
08-10-2015 SMF

SUMMONS FEE (CLERKS FEE)
$ 5.00
08-10-2015 SMIP

SUMMONS ISSUED - PRIVATE PROCESS SERVER

08-10-2015 TEXT

OCIS HAS AUTOMATICALLY ASSIGNED JUDGE KUEHN, DANA TO THIS CASE.

08-10-2015 ADJUST

ADJUSTING ENTRY: MONIES DUE TO AC09-CARD ALLOCATION
$ 5.47
08-10-2015 ACCOUNT

ADJUSTING ENTRY: MONIES DUE TO THE FOLLOWING AGENCIES REDUCED BY THE FOLLOWING AMOUNTS:
CJ-2015-2952: AC81 LENGTHY TRIAL FUND -$0.25
CJ-2015-2952: AC79 OCIS REVOLVING FUND -$0.63
CJ-2015-2952: AC64 DISPUTE MEDIATION FEES -$0.05
CJ-2015-2952: AC59 COUNCIL ON JUDICIAL COMPLAINTS REVOLVING FUND -$0.05
CJ-2015-2952: AC58 OKLAHOMA COURT APPOINTED SPECIAL ADVOCATES -$0.13
CJ-2015-2952: AC31 COURT CLERK REVOLVING FUND -$0.02
CJ-2015-2952: AC23 LAW LIBRARY FEE -$0.15
CJ-2015-2952: AC01 CLERK FEES -$4.19

08-10-2015 ACCOUNT

RECEIPT # 2015-3148693 ON 08/10/2015.
PAYOR:JOHN TRUSKETT TOTAL AMOUNT PAID: $218.70.
LINE ITEMS:
CJ-2015-2952: $163.81 ON AC01 CLERK FEES.
CJ-2015-2952: $5.47 ON AC09 CARD ALLOCATIONS.
CJ-2015-2952: $5.85 ON AC23 LAW LIBRARY FEE.
CJ-2015-2952: $0.68 ON AC31 COURT CLERK REVOLVING FUND.
CJ-2015-2952: $4.87 ON AC58 OKLAHOMA COURT APPOINTED SPECIAL ADVOCATES.
CJ-2015-2952: $1.95 ON AC59 COUNCIL ON JUDICIAL COMPLAINTS REVOLVING FUND.
CJ-2015-2952: $1.95 ON AC64 DISPUTE MEDIATION FEES.
CJ-2015-2952: $24.37 ON AC79 OCIS REVOLVING FUND.
CJ-2015-2952: $9.75 ON AC81 LENGTHY TRIAL FUND.

09-24-2015 S

PARTY HAS BEEN SUCCESSFULLY SERVED. NICHOLAS JOSEPH NOEL SERVED / RES SERV TO JOSH NOEL / ON 9-22-15 BY PS

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NOEL, NICHOLAS JOSEPH
10-15-2015 A

NICHOLAS NOEL'S ANSWER TO PLAINTIFF'S PETITION / COVER SHEET

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NOEL, NICHOLAS JOSEPH
10-27-2015 MO

PLAINTIFF'S MOTION FOR SCHEDULING CONFERENCE / CERT OF SERVICE

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PHILLIPS, SHAMARA
10-28-2015 CTFREE

KUEHN, DANA: ORDER ENTERED FOR SCHEDULING CONFERENCE.

SCHEDULING CONFERENCE SET 12-28-15 AT 11:30AM IN COURTROOM 701.

11-02-2015 O

ORDER FOR SCHEDULING CONFERENCE

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11-13-2015 CTFREE

KUEHN, DANA: ORDER ENTERED RESETTING HEARING.

SCHEDULING CONFERENCE RESET 1-6-16 AT 11:15AM IN COURTROOM 701.

NOTICE MAILED BY CLERK TO PARTIES.

11-13-2015 O

ORDER & NOTICE RESETTING

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11-23-2015 CTFREE

KUEHN, DANA: AGREED SCHEDULING ORDER ENTERED.

PRE TRIAL CONFERENCE SET 4-18-16 AT 9:15AM IN COURTROOM 701.

11-24-2015 SCHO

AGREED SCHEDULING ORDER

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12-18-2015 WL

DEFENDANT NICHOLAS NOEL'S PRELIMINARY WITNESS AND EXHIBIT LIST / CERTIFICATE OF MAILING

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NOEL, NICHOLAS JOSEPH
02-23-2016 WL

DEFENDANT NICHOLAS NOEL'S FINAL WITNESS AND EXHIBIT LIST

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NOEL, NICHOLAS JOSEPH
03-04-2016 CTFREE

KUEHN, DANA: AGREED SCHEDULING ORDER ENTERED.

PRE TRIAL CONFERENCE SET 4-18-16 IS STRICKEN.

PRE TRIAL CONFERENCE SET 7-11-16 AT 9:15AM IN COURTROOM 701.

03-07-2016 SCHO

AGREED SCHEDULING ORDER / 3-4-16

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06-03-2016 CTFREE

KUEHN, DANA: JOINT APPLICATION FOR SETTLEMENT CONFERENCE SIGNED BY COURT AND MAILED TO LEILANI ARMSTRONG AT EARLY SETTLEMENT.

06-28-2016 CTFREE

KUEHN, DANA: PRE TRIAL CONFERENCE SET 7-11-16 IS PASSED BY AGREEMENT TO 8-8-16 AT 9:00AM IN COURTROOM 701.

08-08-2016 CTFREE

KUEHN, DANA: PRE TRIAL CONFERENCE HELD. SAMUEL PERRINE AND JOHN TRUSKETT PRESENT FOR PLAINTIFF; RICHARD SELMAN PRESENT FOR DEFENDANT. PRE TRIAL ORDER SIGNED. JURY TRIAL IS SET 12-5-16 AT 10:00AM IN COURTROOM 701.

08-09-2016 MOLIM

PLAINTIFF'S MOTIONS IN LIMINE 1-28 / C TO J / CERTIFICATE OF SERVICE

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PHILLIPS, SHAMARA
08-09-2016 MO

AGREED MOTION TO CONTINUE TRIAL DATE TO FEBRUARY 6, 2017

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PHILLIPS, SHAMARA
08-11-2016 CTFREE

KUEHN, DANA: ORDER ENTERED CONTINUING TRIAL DATE TO 2-6-17 AT 10:00AM IN COURTROOM 701.

08-12-2016 O

ORDER / SEE ABOVEN ENTRY

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08-15-2016 PTO

PRE-TRIAL CONFERENCE ORDER

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08-15-2016 RJT

REQUEST FOR JURY TRIAL
$ 349.00
08-15-2016 CRF

COURT REPORTER FEE-TRIAL ON MERITS
$ 20.00
08-15-2016 ACCOUNT

RECEIPT # 2016-3392888 ON 08/15/2016.
PAYOR:ALLSTATE TOTAL AMOUNT PAID: $369.00.
LINE ITEMS:
CJ-2015-2952: $369.00 ON AC01 CLERK FEES.

08-24-2016 RESP

DEFENDANTS RESPONSE/OBJECTION TO PLAINTIFF'S MOTION IN LIMINE 1-28 / C2J

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NOEL, NICHOLAS JOSEPH
08-29-2016 MO

PLAINTIFF'S MOTION TO FILE A REPLY / A TO J / CERTIFICATE OF SERVICE

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PHILLIPS, SHAMARA
09-01-2016 CTFREE

KUEHN, DANA: ORDER ENTERED GRANTING PLAINTIFF TO FILE REPLY NOT EXCEEDING (5) PAGES AND THE REPLY SHALL BE FILED WITHIN (10) DAYS OF THE FILING OF THIS ORDER.

09-06-2016 O

ORDER/ SEE ABOVE ENTRY

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09-15-2016 R

PLAINTIFF'S REPLY TO DEFENDANT'S RESPONSE TO MOITON S IN LIMINE / CERTIFICATE OF SERVICE

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PHILLIPS, SHAMARA
10-06-2016 CTFREE

KUEHN, DANA: MINUTE ORDER ENTERED.

NOW, ON THIS 6TH DAY OF OCTOBER, 2016, THE COURT HAS FOR CONSIDERATION THE PLAINTIFF'S MOTIONS IN LIMINE 1-28, FILED AUGUST 9, 2016.

THE MOTIONS IN LIMINE ARE RULED ON AS FOLLOWS:

1. CONDUCT VIOLATING OKLAHOMA RULES OF PROFESSIONAL CONDUCT IS DENIED. MOTIONS IN LIMINE REQUESTING GENERAL RELIEF REGARDING LEGAL PROCEDURAL ISSUES ARE VAGUE. THE COURT WILL ENFORCE THE LAW.
2. SUGGESTING DURING VOIR DIRE THAT ANY WITNESS MAY NOT BE CREDIBLE IS GRANTED.
3. INJECTING ARGUMENT INTO VOIR DIRE IS DENIED. MOTIONS IN LIMINE REQUESTING GENERAL RELIEF REGARDING LEGAL PROCEDURAL ISSUES ARE VAGUE. THE COURT WILL ENFORCE THE LAW.
4. ASKING JURORS HOW THEY WOULD DECIDE HYPOTHETICAL'S BASED ON LAW OR FACTS IS DENIED. MOTIONS IN LIMINE REQUESTING GENERAL RELIEF REGARDING LEGAL PROCEDURAL ISSUES ARE VAGUE. THE COURT WILL ENFORCE THE LAW.
5. ANY MENTION OF CRIMINAL INVESTIGATIONS, ALLEGATIONS OR CHARGES MADE AGAINST ANY WITNESS IS GRANTED.
6. ANY SUGGESTION THAT PLAINTIFF OR PLAINTIFF'S COUNSEL'S MOTIVES ARE ANYTHING OTHER THAN SEEKING RECOVERY ALLOWED BY LAW IS DENIED. MOTIONS IN LIMINE REQUESTING GENERAL RELIEF REGARDING LEGAL PROCEDURAL ISSUES ARE VAGUE. THE COURT WILL ENFORCE THE LAW.
7. ANY SUGGESTION THAT THE JURY'S DECISION MAY INCREASE THE COST OF THEIR HEALTHCARE IS GRANTED.
8. ANY REFERENCE TO PLAINTIFF'S PROTECTED MEDICAL INFORMATION IS DENIED. MOTIONS IN LIMINE REQUESTING GENERAL RELIEF REGARDING LEGAL PROCEDURAL ISSUES ARE VAGUE. THE COURT WILL ENFORCE THE LAW.
9. ANY SUGGESTION OF OTHER LITIGATION IS DENIED. MOTIONS IN LIMINE REQUESTING GENERAL RELIEF REGARDING LEGAL PROCEDURAL ISSUES ARE VAGUE. THE COURT WILL ENFORCE THE LAW.
10. ANY REFERENCE TO ADVERTISING DONE BY PLAINTIFF'S ATTORNEYS IS GRANTED.
11. EVIDENCE OF DEFENDANT'S ABILITY OR INABILITY TO PAY A JUDGMENT OR REFERENCE OR EARNINGS, WEALTH OR LACK THEREOF IS GRANTED.
12. STATEMENTS OR IMPLICATIONS ENCOURAGING POSSIBILITIES OR SPECULATION ARE DENIED. MOTIONS IN LIMINE REQUESTING GENERAL RELIEF REGARDING LEGAL PROCEDURAL ISSUES ARE VAGUE. THE COURT WILL ENFORCE THE LAW.
13. STATEMENTS OR IMPLICATIONS THAT THERE IS A LAWSUIT CRISIS SHOULD BE PRECLUDED ARE GRANTED.
14. REFERENCES TO THE JUDICIAL SYSTEM BEING A �LOTTERY� OR �WINDFALL� ARGUMENTS ARE HIGHLY INFLAMMATORY AND SHOULD BE PRECLUDED IS DENIED. MOTIONS IN LIMINE REQUESTING GENERAL RELIEF REGARDING LEGAL PROCEDURAL ISSUES ARE VAGUE. THE COURT WILL ENFORCE THE LAW.
15. ANY HEARSAY STATEMENT IS DENIED. MOTIONS IN LIMINE REQUESTING GENERAL RELIEF REGARDING LEGAL PROCEDURAL ISSUES ARE VAGUE. THE COURT WILL ENFORCE THE LAW.
16. ANY REFERENCE TO THE DATE THAT PLAINTIFF EMPLOYED AN ATTORNEY OR IMPLYING A PARTICULAR REASON THE PLAINTIFF EMPLOYED AN ATTORNEY IS GRANTED.
17. ACCUSING OR INFERRING THAT PLAINTIFF'S COUNSEL CONSPIRED WITH A PHYSICIAN(S) TO PRESENT A FRAUDULENT CLAIM IS HELD IN ABEYANCE UNTIL DEFENDANT RAISES ANY ISSUES. DEFENDANT IS TO ADVISE THE COURT PRIOR TO THIS QUESTIONING IN FRONT OF A JURY FOR A RULING. THIS DOES NOT APPLY TO DEPOSITION TESTIMONY.
18. REFERENCE TO THE PLAINTIFF FILING THIS MOTION IN LIMINE OR THIS COURT'S RULING UPON SAME IS GRANTED.
19. PAYMENTS FROM COLLATERAL SOURCES SHOULD NOT BE BROUGHT UP OR MENTIONED ARE DENIED. PLAINTIFF HAS NOT SPECIFIED WHAT COLLATERAL SOURCE IS AN ISSUE AND THEREFORE THE REQUEST IS VAGUE.
20. INADMISSIBLE EVIDENCE SHOULD BE REDACTED FROM ALL DOCUMENTS IS DENIED. MOTIONS IN LIMINE REQUESTING GENERAL RELIEF REGARDING LEGAL PROCEDURAL ISSUES ARE VAGUE. THE COURT WILL ENFORCE THE LAW.
21. LACK OF INJURIES TO OTHERS SHOULD NOT BE BROUGHT UP OR MENTIONED IS DENIED.
22. MEDICAL EXPENSES AS WELL AS ARGUMENTS EQUATING �PAIN AND SUFFERING� DAMAGES TO MEDICAL EXPENSES SHOULD BE PRECLUDED IS GRANTED. IF PLAINTIFF OPENS THE DOOR THROUGH TESTIMONY, THE DEFENDANT CAN REQUEST ADMISSION OF THIS EVIDENCE.
23. PLAINTIFF IS ALLOWED TO INTRODUCE EVIDENCE RELATED TO FORESEE ABILITY AND CAUSATION IS DENIED. MOTIONS IN LIMINE REQUESTING GENERAL RELIEF REGARDING LEGAL PROCEDURAL ISSUES ARE VAGUE. THE COURT WILL ENFORCE THE LAW.
24. PLAINTIFF MAY MAKE GOLDEN RULE ARGUMENTS LIMITED TO THE ISSUE OF ULTIMATE LIABILITY IS DENIED.
25. CASE FILINGS SHOULD BE REMOVED FROM INTERNET DURING JURY TRIAL IS DENIED.
26. EVIDENCE OF PROPERTY DAMAGE IS RELEVANT TO DEMONSTRATING CRASH SEVERITY IS GRANTED.
27. STATUTES UNDER TITLE 47 OF THE OKLAHOMA STATUTES AND THE LOCAL TRAFFIC ORDINANCES ARE ADMISSIBLE IS DENIED.
28. PLAINTIFF RESERVES RIGHT TO RAISE ADDITIONAL MOTIONS IN LIMINE DEPENDING ON HOW CASE PROCEEDS IS DENIED. A MOTION IN LIMINE DEADLINE WAS SET BY THE COURT IN THE PRE-TRIAL CONFERENCE ORDER. THE PARTIES TO PROCEDURALLY ARGUE ADMISSION OF EVIDENCE DURING THE TRIAL.


DONE THIS 6TH DAY OF OCTOBER, 2016.

ORDER MAILED BY CLERK TO PARTIES.

10-06-2016 O

MINUTE ORDER / SEE ABOVE ENTRY / AFFIDAVIT OF MAILING

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01-18-2017 OFRJ

OFFER TO ALLOW JUDGMENT TO TAKEN BY SHAMARA PHILLIPS / CERTIFICATE OF MAILING

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NOEL, NICHOLAS JOSEPH
01-23-2017 CTFREE

KUEHN, DANA: CASE HAS SETTLED PER SAMUEL PERRINE WITH TRUSKETT LAW FIRM BY PHONE.

JURY TRIAL SET 2-6-17 IS STRICKEN.

Outcome: 01-23-2017 DISPCVDM

KUEHN, DANA: CASE HAS SETTLED PER SAMUEL PERRINE WITH TRUSKETT LAW FIRM BY PHONE.

1 NOEL, NICHOLAS JOSEPH

Plaintiff's Experts:

Defendant's Experts:

Comments: