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Ina Lee Wilkins, et al. v. Aberdeen Enterprizes II, Inc. et al

Date: 03-16-2021

Case Number: 4:17-cv-00606-TCK-JFJ

Judge: Terence Kern

Court: United States District Court for the Norther District of Oklahoma (Tulsa County)

Plaintiff's Attorney:



Best Tulsa Personal Injury Lawyer Directory



Defendant's Attorney: John R Woodard, III, Robert Earl Applegate for Aberdeen Enterprizes II, Inc.



Chris M Warzecha, Isaac Robertson Ellis Melodie Freeman-Burney and Robert Dale James for the Oklahoma Sheriffs' Association



April Danielle Kelso, Jeffrey Calvin Hendrickson, andall J Wood, Robert Lamar Betts and Robert Stevens Lafferrandre for Jason Ritchie, Sheriff of Adair County, et al.

Description:
Tulsa, Oklahoma - Ira Lee Wilkins and others sued Aberdeen Enterprizes II, Inc. et al. on civil rights violation theories under 42 U.S.C. 1983 claiming $9.9 million in damages challenging Oklahoma's court fine and fee collection system which charges a 30% collection fee for the collection of unpaid fines and fees assessed by the District Courts.



The Defendants challenged the jurisdiction of the federal court to adjudicate the issue and claimed that the Plaintiff should challenge the legality of the system in the state appellate courts.



The Complaint was filed on November2, 2017.
Outcome:
02/09/2021 350 Unopposed MOTION to Substitute Party by Tony Almaguer, Darren Atha, Dennis Banther, Matt Boley, Mike Booth, Bret Bowling, Rudy Briggs, Jr, Chris Bryant, Kevin Clardy, Danny Cryer, Chris Elliott, Norman Fisher, Jeremy Floyd, Todd Gibson, Marty Grisham, Sandy Hadley, R B Hauf, Tony Head, B J Hedgecock, Jesse James, Bryan Jump, Steve Kelley, Larry Lane, Kevin Ledbetter, Roger Levick, Marcia Maxwell, Thomas McClendon, Kevin Mitchell, Harlan Moore, Jerry Niles, Ruben Parker, Jr, Mike Reed, Roger Reeve, Eddy Rice, Jason Ritchie, Darrin Rodgers, Clay Sander, Rob Seale, Rick Silver, Jon Smith, Shannon Smith, Scott Sterling, Eddie Virden, Rick Wallace, Mike Waters, Jim Weir, Chris West, Bobby Whittington, Jeremie Wilson, Heath Winfrey, Steven Worley (Lafferrandre, Robert) (Entered: 02/09/2021)

02/10/2021 351 ORDER by Judge Terence Kern - Sheriff Defendants' Unopposed Motion to Substitute Parties (Doc. 350) is GRANTED. ; granting 350 Motion to Substitute Party (lmc, Chambers) (Entered: 02/10/2021)

03/12/2021 352 OPINION AND ORDER by Judge Terence Kern ; dismissing/terminating case (terminates case) ; granting 226 Motion to Dismiss (Documents Terminated: 226 MOTION to Dismiss (OFFICIAL CAPACITY), 230 MOTION to Dismiss Plaintiff's Second Amended Compliant, 238 MOTION to Dismiss Plaintiffs' Second Amended Complaint, 232 MOTION to Dismiss Plaintiffs' Second Amended Complaint and Brief in Support, 234 MOTION to Dismiss (Official Capacity), 228 MOTION to Dismiss (INDIVIDUAL CAPACITY), 78 MOTION for Class Action Certification , 231 MOTION to Dismiss Plaintiff's Second Amended Compliant, 237 MOTION to Dismiss Plaintiffs' Second Amended Complaint, 323 MOTION, 236 MOTION to Dismiss Plaintiffs' Second Amended Complaint, 239 MOTION to Dismiss (Individual Capacity), 235 MOTION to Dismiss Plaintiffs' Second Amended Complaint, 77 MOTION for Preliminary Injunction, 227 MOTION to Dismiss for Failure to State a Claim , 233 MOTION to Dismiss and Brief in Support, 79 MOTION for Preliminary Injunction ) (lmc, Chambers) (Entered: 03/12/2021)

03/12/2021 353 JUDGMENT by Judge Terence Kern , entering judgment in favor of Defendants against Plaintiffs (terminates case) (lmc, Chambers) (Entered: 03/12/2021)

03/12/2021 ***Civil Case Terminated (see document number 353 ) (srt, Dpty Clk) (Entered: 03/14/2021)

03/30/2021 354 MOTION to Withdraw Attorney(s) by Darlene Bailey, Board of County Commissioners of the County of Tulsa, The, Don Newberry, Vic Regalado (Powers, Barrett) (Entered: 03/30/2021)

03/30/2021 355 ORDER by Judge Terence Kern ; terminating attorney Barrett Lynn Powers ; granting 354 Motion to Withdraw Attorney(s) (lmc, Chambers) (Entered: 03/30/2021)

04/08/2021 356 NOTICE OF APPEAL to Circuit Court (paid $505 appeal fee; receipt number AOKNDC-2389007) (Re: 352 Opinion and Order,,,,, Dismissing/Terminating Case,,,,, Ruling on Motion to Dismiss,,,, ) by Christopher Choate, Randy Frazier, Carly Graff, Melanie Holmes, Kendallia Killman, Linda Meachum, David Smith, Ira Lee Wilkins (Wayne, Seth) (Entered: 04/08/2021)

04/09/2021 357 PRELIMINARY RECORD Sent to Circuit Court (Re: 356 Notice of Appeal to Circuit Court, ) by Christopher Choate, Randy Frazier, Carly Graff, Melanie Holmes, Kendallia Killman, Linda Meachum, David Smith, Ira Lee Wilkins (With attachments) (sac, Dpty Clk) (Entered: 04/09/2021)

04/09/2021 358 APPEAL NUMBER INFORMATION from Circuit Court assigning Case Number 21-5031 (#356) (Re: 356 Notice of Appeal to Circuit Court, ) (ll, Dpty Clk) (Entered: 04/12/2021)

04/14/2021 359 MOTION to Withdraw Attorney(s) by Christopher Choate, Randy Frazier, Carly Graff, Melanie Holmes, Kendallia Killman, Linda Meachum, David Smith, Ira Lee Wilkins (Friedman, Robert) (Entered: 04/14/2021)

04/14/2021 360 MINUTE ORDER by Judge Terence Kern - Robert D. Friedman is granted leave to withdraw as counsel for Plaintiffs. ; terminating attorney Robert D Friedman ; granting 359 Motion to Withdraw Attorney(s) (This entry is the Official Order of the Court. No document is attached.) (lmc, Chambers) (Entered: 04/14/2021)

04/21/2021 361 TRANSCRIPT ORDER FORM (Transcripts are not necessary or are already on file ) (Re: 356 Notice of Appeal to Circuit Court, ) by Christopher Choate, Randy Frazier, Carly Graff, Melanie Holmes, Kendallia Killman, Linda Meachum, David Smith, Ira Lee Wilkins (Wayne, Seth) (Entered: 04/21/2021)

04/21/2021 362 ORDER from Circuit Court Notice that record is complete by 04/28/2021 for Mark C. McCartt, Clerk of Court (Re: 356 Notice of Appeal to Circuit Court, ) (sc, Dpty Clk) (Entered: 04/22/2021)

04/26/2021 363 CLERK'S RECORD on Appeal Sent to Circuit Court (Re: 356 Notice of Appeal to Circuit Court, ) (sc, Dpty Clk) (Entered: 04/26/2021)

05/14/2021 364 NOTICE of Change of Address by Douglas Allen Wilson by on behalf of Darlene Bailey, Board of County Commissioners of the County of Tulsa, The, Don Newberry, Vic Regalado (Wilson, Douglas) (Entered: 05/14/2021)

06/16/2021 365 NOTICE of Change of Address by Michael Shouse by on behalf of Darlene Bailey, Board of County Commissioners of the County of Tulsa, The, Don Newberry, Vic Regalado (Shouse, Michael) (Entered: 06/16/2021)
Plaintiff's Experts:
Defendant's Experts:
Comments:
Editor's Note: The Oklahoma Court system operates in still relies on a cash bail system and otherwise functions in a punitive fashion when dealing with the poorest of Oklahomans who unfortunately are charged with misdemeanors and/or felonies.

About This Case

What was the outcome of Ina Lee Wilkins, et al. v. Aberdeen Enterprizes II, Inc. ...?

The outcome was: 02/09/2021 350 Unopposed MOTION to Substitute Party by Tony Almaguer, Darren Atha, Dennis Banther, Matt Boley, Mike Booth, Bret Bowling, Rudy Briggs, Jr, Chris Bryant, Kevin Clardy, Danny Cryer, Chris Elliott, Norman Fisher, Jeremy Floyd, Todd Gibson, Marty Grisham, Sandy Hadley, R B Hauf, Tony Head, B J Hedgecock, Jesse James, Bryan Jump, Steve Kelley, Larry Lane, Kevin Ledbetter, Roger Levick, Marcia Maxwell, Thomas McClendon, Kevin Mitchell, Harlan Moore, Jerry Niles, Ruben Parker, Jr, Mike Reed, Roger Reeve, Eddy Rice, Jason Ritchie, Darrin Rodgers, Clay Sander, Rob Seale, Rick Silver, Jon Smith, Shannon Smith, Scott Sterling, Eddie Virden, Rick Wallace, Mike Waters, Jim Weir, Chris West, Bobby Whittington, Jeremie Wilson, Heath Winfrey, Steven Worley (Lafferrandre, Robert) (Entered: 02/09/2021) 02/10/2021 351 ORDER by Judge Terence Kern - Sheriff Defendants' Unopposed Motion to Substitute Parties (Doc. 350) is GRANTED. ; granting 350 Motion to Substitute Party (lmc, Chambers) (Entered: 02/10/2021) 03/12/2021 352 OPINION AND ORDER by Judge Terence Kern ; dismissing/terminating case (terminates case) ; granting 226 Motion to Dismiss (Documents Terminated: 226 MOTION to Dismiss (OFFICIAL CAPACITY), 230 MOTION to Dismiss Plaintiff's Second Amended Compliant, 238 MOTION to Dismiss Plaintiffs' Second Amended Complaint, 232 MOTION to Dismiss Plaintiffs' Second Amended Complaint and Brief in Support, 234 MOTION to Dismiss (Official Capacity), 228 MOTION to Dismiss (INDIVIDUAL CAPACITY), 78 MOTION for Class Action Certification , 231 MOTION to Dismiss Plaintiff's Second Amended Compliant, 237 MOTION to Dismiss Plaintiffs' Second Amended Complaint, 323 MOTION, 236 MOTION to Dismiss Plaintiffs' Second Amended Complaint, 239 MOTION to Dismiss (Individual Capacity), 235 MOTION to Dismiss Plaintiffs' Second Amended Complaint, 77 MOTION for Preliminary Injunction, 227 MOTION to Dismiss for Failure to State a Claim , 233 MOTION to Dismiss and Brief in Support, 79 MOTION for Preliminary Injunction ) (lmc, Chambers) (Entered: 03/12/2021) 03/12/2021 353 JUDGMENT by Judge Terence Kern , entering judgment in favor of Defendants against Plaintiffs (terminates case) (lmc, Chambers) (Entered: 03/12/2021) 03/12/2021 ***Civil Case Terminated (see document number 353 ) (srt, Dpty Clk) (Entered: 03/14/2021) 03/30/2021 354 MOTION to Withdraw Attorney(s) by Darlene Bailey, Board of County Commissioners of the County of Tulsa, The, Don Newberry, Vic Regalado (Powers, Barrett) (Entered: 03/30/2021) 03/30/2021 355 ORDER by Judge Terence Kern ; terminating attorney Barrett Lynn Powers ; granting 354 Motion to Withdraw Attorney(s) (lmc, Chambers) (Entered: 03/30/2021) 04/08/2021 356 NOTICE OF APPEAL to Circuit Court (paid $505 appeal fee; receipt number AOKNDC-2389007) (Re: 352 Opinion and Order,,,,, Dismissing/Terminating Case,,,,, Ruling on Motion to Dismiss,,,, ) by Christopher Choate, Randy Frazier, Carly Graff, Melanie Holmes, Kendallia Killman, Linda Meachum, David Smith, Ira Lee Wilkins (Wayne, Seth) (Entered: 04/08/2021) 04/09/2021 357 PRELIMINARY RECORD Sent to Circuit Court (Re: 356 Notice of Appeal to Circuit Court, ) by Christopher Choate, Randy Frazier, Carly Graff, Melanie Holmes, Kendallia Killman, Linda Meachum, David Smith, Ira Lee Wilkins (With attachments) (sac, Dpty Clk) (Entered: 04/09/2021) 04/09/2021 358 APPEAL NUMBER INFORMATION from Circuit Court assigning Case Number 21-5031 (#356) (Re: 356 Notice of Appeal to Circuit Court, ) (ll, Dpty Clk) (Entered: 04/12/2021) 04/14/2021 359 MOTION to Withdraw Attorney(s) by Christopher Choate, Randy Frazier, Carly Graff, Melanie Holmes, Kendallia Killman, Linda Meachum, David Smith, Ira Lee Wilkins (Friedman, Robert) (Entered: 04/14/2021) 04/14/2021 360 MINUTE ORDER by Judge Terence Kern - Robert D. Friedman is granted leave to withdraw as counsel for Plaintiffs. ; terminating attorney Robert D Friedman ; granting 359 Motion to Withdraw Attorney(s) (This entry is the Official Order of the Court. No document is attached.) (lmc, Chambers) (Entered: 04/14/2021) 04/21/2021 361 TRANSCRIPT ORDER FORM (Transcripts are not necessary or are already on file ) (Re: 356 Notice of Appeal to Circuit Court, ) by Christopher Choate, Randy Frazier, Carly Graff, Melanie Holmes, Kendallia Killman, Linda Meachum, David Smith, Ira Lee Wilkins (Wayne, Seth) (Entered: 04/21/2021) 04/21/2021 362 ORDER from Circuit Court Notice that record is complete by 04/28/2021 for Mark C. McCartt, Clerk of Court (Re: 356 Notice of Appeal to Circuit Court, ) (sc, Dpty Clk) (Entered: 04/22/2021) 04/26/2021 363 CLERK'S RECORD on Appeal Sent to Circuit Court (Re: 356 Notice of Appeal to Circuit Court, ) (sc, Dpty Clk) (Entered: 04/26/2021) 05/14/2021 364 NOTICE of Change of Address by Douglas Allen Wilson by on behalf of Darlene Bailey, Board of County Commissioners of the County of Tulsa, The, Don Newberry, Vic Regalado (Wilson, Douglas) (Entered: 05/14/2021) 06/16/2021 365 NOTICE of Change of Address by Michael Shouse by on behalf of Darlene Bailey, Board of County Commissioners of the County of Tulsa, The, Don Newberry, Vic Regalado (Shouse, Michael) (Entered: 06/16/2021)

Which court heard Ina Lee Wilkins, et al. v. Aberdeen Enterprizes II, Inc. ...?

This case was heard in United States District Court for the Norther District of Oklahoma (Tulsa County), OK. The presiding judge was Terence Kern.

Who were the attorneys in Ina Lee Wilkins, et al. v. Aberdeen Enterprizes II, Inc. ...?

Plaintiff's attorney: Best Tulsa Personal Injury Lawyer Directory. Defendant's attorney: John R Woodard, III, Robert Earl Applegate for Aberdeen Enterprizes II, Inc. Chris M Warzecha, Isaac Robertson Ellis Melodie Freeman-Burney and Robert Dale James for the Oklahoma Sheriffs' Association April Danielle Kelso, Jeffrey Calvin Hendrickson, andall J Wood, Robert Lamar Betts and Robert Stevens Lafferrandre for Jason Ritchie, Sheriff of Adair County, et al..

When was Ina Lee Wilkins, et al. v. Aberdeen Enterprizes II, Inc. ... decided?

This case was decided on March 16, 2021.