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Date: 02-09-2013

Case Style: Nick Reynolds v. North Star Memorial Group

Case Number: CJ-2010-4604

Judge: Daman H. Cantrell

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney:


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Defendant's Attorney: Douglas Dodd for Gannaway Web Holdings, LLC, Griffin Communications, LLC and Griffin New Media

James P. McCann for Nick Reynolds Funderal Services, Inc. and Reynolds Funderal Service, Inc.

Harry A. Parrish for Mark Blankenship, North Star Cemetery Services, of Oklahoma, LLC; North Star Memorial Group and North Star Funeral Services of Oklahom, LLC

Description: Nick Reynolds sued World Publishing Company d/b/a Tulsa World on civil conspiracy.

This litigation was commenced by the Reynolds Entities, Nick Reynolds, individually, and other business entities on July 26, 2010, asserting claims against multiple parties, including NorthStar, for defamation. The Reynolds Entities are engaged in the funeral business and assert that NorthStar, which is a competitor, made false, inaccurate, and harmful statements related to certain internment services performed by the Reynolds Entities. The litigation was stayed, however, upon the bankruptcy filing of the Reynolds Entities on October 24, 2011.

Statement of Undisputed Facts

1. On September 13, 2012, counsel for the Reynolds Entities contacted counsel for NorthStar for purposes of discussing settlement. The following day, counsel for the Reynolds Entities sent a settlement offer of $80,000 for consideration by NorthStar. See J. McCann Aff. at ¶J 3 and 4, which is attached hereto as Exhibit “B”; see also 09/14/20 12 Letter from J. McCann to H. Parrish, which is attached to the J. McCann Aff. as Ex. 1.

2. On September 25, 2012, NorthStar made a counteroffer of settlement for consideration by the Reynolds Entities in the amount $15,000. See J. McCann Aff. at ¶ 5

3. On September 27, 2012, the Reynolds Entities made a counteroffer of $65,000 for consideration by NorthStar. See id. at ¶ 6; see also 9/27/20 12 Letter from J. McCann to H. Parrish, which is attached to the J. McCann Aff. as Ex. 2.

4. On October 10, 2012, the McDonald, McCann & Metcalf, LLP firm filed an Entry of Appearance on behalf of only the Reynolds Entities. See Ex. 3 to J. McCann Aff.

5. On October 15, 2012, NorthStar made a counteroffer of $20,000, to which the Reynolds Entities immediately countered with $25,000. After consultation with counsel, NorthStar accepted the $25,000 offer made by the Reynolds Entities and confirmed the oral agreement in writing. See J. McCannAff. ¶ 8; see also 10/17/2012 Letter from J. McCann to H. Parrish, attached to the J. McCann Aff. as Ex. 4.

6. On October 29, 2012, counsel for NorthStar sent a proposed settlement agreement to memorialize the parties settlement of the Reynolds Entities’ claims against NorthStar. See J. McCann Aff. ¶ 10; see also email and attached proposed settlement agreement attached to the J. McCann Aff. as Ex. 5. The proposed settlement agreement improperly included Nick Reynolds, individually, and non-bankrupt business entities, as settling parties in addition to the Reynolds Entities. Id.

7. Counsel for the Reynolds Entities contacted counsel for NorthStar to advise of the error in including Nick Reynolds, individually, in the settlement agreement. See Id. at ¶ 11; Counsel for NorthStar recognized “the settlement previously reached,” by written correspondence on October 30, 2012, but has asserted that NorthStar would not finalize the settlement unless or until the claims of Nick Reynolds, individually, along with the other non- bankrupt entities were resolved. See 10/30/20 12 Letter from H. Parrish to J. McCann, which is attached to the J. McCann Aff. as. Ex. 6.

8. At all times, counsel for the Reynolds Entities has been clear and consistent with respect to the parties its represents in this litigation. See J. McCann Aff. ¶ 9 and 12. All written correspondence surrounding the settlement negotiations references the Reynolds Entities only. See id. In addition, counsel filed an entry of appearance for the Reynolds Entities and issued discovery on behalf of the Reynolds Entities prior to the settlement achieved between the parties. See id. Thus, there cannot be any confusion or mistake about the parties the undersigned counsel represents. See id.

9. The undersigned counsel has never and currently does not represent Nick Reynolds, individually, or any other business entity associated with Mr. Reynolds except for the Reynolds Entities. See id,, ¶ 13.

Outcome: Dismissal with prejudice as to World Publishing Company. Griffin Communications L.L.C, Griffin New Media and Gannaway Web Holdings, LLC filed a motion to enforce a settlement agreement, which was granted by the Court.

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