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High Pressure Transport, LLC v. D & K Auto & Wrecker Service
Date: 09-14-2012
Case Number: CJ-2012-00011
Judge: McBride
Court: District Court, Craig County, Oklahoma
Plaintiff's Attorney: Steve Wilkerson
Defendant's Attorney: Jimmy Frasier, George Miles and Sara Bryning
Description:
Vinita, OK - High Pressure Transport, LLC sued D & K Auto & Wrecker Service on a declaratory judgment theory.
The claims made and defenses asserted are not available.
02/14/2012 FILE & ENTER PETITION $85.00
LAW LIBRARY $6.00
DISPUTE MEDIATION $2.00
Oklahoma Court Information System Fee - Effective 07/01/04 $25.00
LENGTHY TRIAL FUND $10.00
OK COURT APPOINTED SPECIAL ADVOCATES $5.00
10% OF CASA TO COURT CLERK REVOLVING FUND $0.50
OK COUNCIL ON JUDICIAL COMPLAINTS REVOLVING FUND $2.00
10% OF COJC TO COURT CLERK REVOLVING FUND $0.20
02/14/2012 SUMMONS ISSUED TO ATTY FOR SERVICE BY PROCESS SERVER $5.00
02/14/2012 NOTICE TO DEFENDANT OF APPLICATION FOR ORDER OF DELIVERY OF SPECIFIC PROPERTY
02/14/2012 AFFIDAVIT
02/14/2012 REPLEVIN BOND
02/14/2012 ORDER
02/21/2012 RETURN OF SERVICE-SERVED 2/15/12
02/21/2012 MOTION TO DISMISS (COPY PUT IN JUDGES FOLDER)
02/21/2012 OBJECTION TO ORDER FOR DELIVERY
02/21/2012 ORDER FOR HEARING
03/07/2012 RESPONSE AND OBJECTION TO DEFENDANT'S MOTION TO DISMISS AND BRIEF IN SUPPORT
03/12/2012 PLAINTIFF'S SUPPLEMENT TO ITS RESPONSE AND OBJECTION TO DEFENDANT'S MOTION TO DISMISS
03/19/2012 CM: CR: CYNDI LARIMER, JUDGE MCBRIDE PRESIDING, STEPHEN WILKERSON PRESENT FOR THE PLAINTIFF, AUDREY MYERS PRESENT FOR THE DEFENDANT. MOTION TO DISMISS DENIED . ORDER OF PREJUDGMENT REPLEVIN ORDERED.D&K ORDERED TO RETURN TRACTOR AND TRAIL. BOND TO REMAIN IN AFFECT. PLAINTIFF HAS 20 DAYS TO FILE AN ANSWER
03/19/2012 ORDER OF REPLEVIN
04/02/2012 REQUEST TO SET CASE FOR STATUS AND SCHEDULING
04/03/2012 ORDER SETTING STATUS AND SCHEDULING CONFERENCE
04/16/2012 MOTION TO VACATE JUDGMENT AND MOTION TO ADD ADDITIONAL CLAIMANT DEFENDANT AND BRIEF IN SUPPORT
04/23/2012 ORDER
04/23/2012 CM-CR CYNDI LARIMER: JUDGE MCBRIDE PRESIDING. STEPEHN WILKERSON PRESENT FOR THE PLTF. JOHN CROCKETT FOR SOONER EMERGENCY. ALL MOTIONS PASSED TO 5/14/12 MOTION DKT. PLTF HAS 15 DAYS TO RESPOND TO MOTION TO VACATE & MOTION TO ADD ADDITIONAL CLAIMANT DEF.
05/08/2012 PLAINTIFF'S RESPONSE TO MOTION TO VACATE JUDGEMENT AND MOTION TO ADD ADDITIONAL CLAIMANT DEFENDANT
05/14/2012 CM-CR CYNDI LARIMER: JUDGE MCBRIDE PRESIDING. MOTIONS CONTINUED TO 6/18/12 @ 1:30P.M. TO BE HEARD IN MAYES COUNTY.
05/17/2012 HIGH PRESSURE TRANSPORTS, MOTION FOR DEFAULT JUDGMENT AGAINST D & K AUTO
05/23/2012 DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION
06/12/2012 SOONER EMERGENCY SERVICES ANSWER TO PLAINTIFF'S RESPONSE TO MOTION TO VACATE JUDGMENT AND MOTION TO ADD ADDITIONAL CLAIMANT DEFENDANT
06/18/2012 CM, NO CR: JUDGE MCBRIDE BY PHONE. STEVE WILERKINSON PRESENT FOR THE PLAINITIFF. AUDREY MYERS PRESENT FOR THE DEFENDANT. JOHN CROCKETT PRESENT FOR SOONER EMERGENCY SERVICES. PLAINTIFF'S MOTION FOR DEFAULT IS OVERRULLED ANSWER FILED. PLAINTIFF TO HAVE 10 DAYS TO RESPOND TO SOONER EMERGENCY SERVICES PLEADINGS FILED TO DATE. CASE RESET FOR JULY 16, 2012 AT 1:30 TO BE HEARD IN MAYES COUNTY.
06/20/2012 SOONER EMERGENCY SERVICE SUPPLEMENT TO ITS ANSWER TO PLAINTIFF'S RESPONSE TO MOTION TO VACATE JUDMGNET AND MOTION TO ADD ADDITIONAL CLAIMANT DEFENDANT
07/10/2012 PLAINTIFF'S REPLY TO SOONER EMERGENCY SERVICE'S SUPPLEMENT TO ITS ANSWER TO PLAINTIFFS RESPONSE TO MOTION TO VACATE JUDGMENT AND MOTION TO ADD ADDITIONAL CLAIMANT DEFENDANT
07/12/2012 CM: NO CR; JUDGE MCBRIDE BY PHONE. JOHNNY CROCKETT, VIA PHONE, STEVE WILKERSON VIA PHONE, BY AGREEMENT, CASE IS CONTINUED 8/14/12 @ 1:30 PM. THAT DATE WAS CONFIRMED BY BOTH ATTORNEYS. CASE TO BE HEARD IN MAYES COUNTY.
08/07/2012 CM-NO CR: PER JENNY PATHKILLER BY PHONE. BY AGREEMENT, PER JOHN CROCKETT, HEARING SET 8/14/12 @ 1:30P.M. IS CONTINUED TO 9/6/12 @ 10:00A.M. TO BE HEARD IN MAYES CO.
09/04/2012 SOONER EMERGENCY'S REPLY TO PLAINTIFF'S RESPONSE TO SOONER'S SUPPLEMENT
09/10/2012 COURT MINUTE FROM 9/6/12
09/20/2012 ORIGINAL TRANSCRIPT OF PROCEEDINGS ON 9/6/11 FILED BY ROBIN BRADSHAW
09/20/2012 REQUEST TO SET CASE FOR STATUS AND SCHEDULING CONF.
09/21/2012 ORDER SETTING STATUS AND SCHEDULING CONFERENCE-COPY SENT TO JUDGE MCBRIDE
09/24/2012 REQUEST TO SET CASE FOR STATUS AND SCHEDULING CONFER.
09/24/2012 ORDER SETTING STATUS AND SCHEDULING CONFERENCE
10/12/2012 FILED TRANSCRIPT OF PROCEEDINGS-4/23/12
10/12/2012 FILED TRANSCRIPT OF PROCEEDINGS-3/19/12
10/12/2012 FILED TRANSCRIPT OF PROCEEDINGS-6/18/12
10/15/2012 AGREED SCHEDULING ORDER
10/15/2012 CM-CR CYNDI LARIMER: JUDGE MCBRIDE PRESIDING. STEPHEN WILKERSON FOR THE PLTF. D & K WRECKER NOR THEIR ATTY ARE PRESENT. JOHN CROCKETT PRESENT. SCHEDULING ORDER ENTERED. COURT NOTES THAT AUDREY MYERS REPRESENTED SOONER IN MUSKOGEE CASE & NOW REPRESENTS D & K AND IT WOULD APPEAR TO THE COURT THAT THERE IS A CONFLICT OF INTEREST.
10/15/2012 ORDER
11/07/2012 MOTION FOR SUMMARY JUDGMENT OR SUMMARY DISPOSITION (PUT COPY IN JUDGE MCBRIDES FOLDER) $50.00
11/07/2012 HIGH PRESSURE TRANSPORTS, LLC'S BRIEF IN SUPPORT FOR MOTION OF SUMMARY JUDGMENT
12/20/2012 PRELIMINARY WITNESS AND EXHIBIT LIST
01/07/2013 HIGH PRESSURE TRANSPORTS LLCS MOTION TO EXONERATE REPLEVIN BOND
02/12/2013 FINAL WITNESS AND EXHIBIT LIST
02/21/2013 ORDER
02/21/2013 CM-NO CR: JUDGE MCBRIDE PRESIDING. MOTION FOR SUMMARY JUDGMENT GRANTED. REPLEVIN BOND EXONERATED.
05/16/2013 REQUEST TO SET CASE FOR PRETRIAL CONFERENCE (ORDER MAILED TO JUDGE MCBRIDE)
06/10/2013 ORDER SETTING CASE FOR PRETRIAL CONFERENCE
07/05/2013 JOURNAL ENTRY OF JUDGMENT
07/15/2013 CM-NO CR: JUDGE MCBRIDE PRESIDING. AGREED PRE TRIAL ORDER TO BE FILED PER AUDREY MYERS.
07/15/2013 MOTION FOR SUMMARY JUDGMENT OR SUMMARY DISPOSITION $50.00
07/15/2013 BRIEF IN SUPPORT OF MOTION
08/05/2013 MOTION TO WITHDRAW AS ATTORNEY OF RECORD
08/08/2013 RESPONSE AND OBJECTION TO MOTION TO WITHDRAW AS ATTY OF RECORD
08/09/2013 ORDER APPROVING MOTION TO WITHDRAW
08/09/2013 MOTION FOR MORE TIME
08/12/2013 CM-CR CYNDI LARIMER: JUDGE MCBRIDE PRESIDING. DEF, D & K WRECKER PRESENT. D & K GIVEN UNTIL 9/16/13 TO RESPOND TO MOTION FOR SUMMARY JUDGMENT.(COPY OF COURT MINUTE MAILED TO MR WILKINSON)
08/15/2013 REQUEST TO SET CASE FOR PRETRIAL CONFERENCE
08/23/2013 ORDER SETTING PRETRIAL CONFERENCE
08/26/2013 ENTRY OF APPEARANCE
09/13/2013 APPLICATION TO AMEND PLEADING AND ASSERT ADDITIONAL COUNTERCLAIM AND ADD ADDITIONAL PARTY
09/13/2013 DEFENDANTS RESPONSE TO PLAINTIFFS MOTION FOR SUMMARY JUDGMENT
09/16/2013 CM-NO CR: JUDGE MCBRIDE PRESIDING. STEPHEN WILKERSON FOR THE PLTF. GEORGE MILES FOR THE DEF. PRE TRIAL CONFERENCE STRICKEN, TO BE RESET UPON APPLICATION. PLTF GIVEN 15 DAYS TO RESPOND TO DEF'S RESPONSE TO MOTION FOR SUMMARY JUDGMENT.
10/02/2013 PLAINTIFF'S REPLY TO DEFENDANT'S RESPONSE TO
PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
The claims made and defenses asserted are not available.
02/14/2012 FILE & ENTER PETITION $85.00
LAW LIBRARY $6.00
DISPUTE MEDIATION $2.00
Oklahoma Court Information System Fee - Effective 07/01/04 $25.00
LENGTHY TRIAL FUND $10.00
OK COURT APPOINTED SPECIAL ADVOCATES $5.00
10% OF CASA TO COURT CLERK REVOLVING FUND $0.50
OK COUNCIL ON JUDICIAL COMPLAINTS REVOLVING FUND $2.00
10% OF COJC TO COURT CLERK REVOLVING FUND $0.20
02/14/2012 SUMMONS ISSUED TO ATTY FOR SERVICE BY PROCESS SERVER $5.00
02/14/2012 NOTICE TO DEFENDANT OF APPLICATION FOR ORDER OF DELIVERY OF SPECIFIC PROPERTY
02/14/2012 AFFIDAVIT
02/14/2012 REPLEVIN BOND
02/14/2012 ORDER
02/21/2012 RETURN OF SERVICE-SERVED 2/15/12
02/21/2012 MOTION TO DISMISS (COPY PUT IN JUDGES FOLDER)
02/21/2012 OBJECTION TO ORDER FOR DELIVERY
02/21/2012 ORDER FOR HEARING
03/07/2012 RESPONSE AND OBJECTION TO DEFENDANT'S MOTION TO DISMISS AND BRIEF IN SUPPORT
03/12/2012 PLAINTIFF'S SUPPLEMENT TO ITS RESPONSE AND OBJECTION TO DEFENDANT'S MOTION TO DISMISS
03/19/2012 CM: CR: CYNDI LARIMER, JUDGE MCBRIDE PRESIDING, STEPHEN WILKERSON PRESENT FOR THE PLAINTIFF, AUDREY MYERS PRESENT FOR THE DEFENDANT. MOTION TO DISMISS DENIED . ORDER OF PREJUDGMENT REPLEVIN ORDERED.D&K ORDERED TO RETURN TRACTOR AND TRAIL. BOND TO REMAIN IN AFFECT. PLAINTIFF HAS 20 DAYS TO FILE AN ANSWER
03/19/2012 ORDER OF REPLEVIN
04/02/2012 REQUEST TO SET CASE FOR STATUS AND SCHEDULING
04/03/2012 ORDER SETTING STATUS AND SCHEDULING CONFERENCE
04/16/2012 MOTION TO VACATE JUDGMENT AND MOTION TO ADD ADDITIONAL CLAIMANT DEFENDANT AND BRIEF IN SUPPORT
04/23/2012 ORDER
04/23/2012 CM-CR CYNDI LARIMER: JUDGE MCBRIDE PRESIDING. STEPEHN WILKERSON PRESENT FOR THE PLTF. JOHN CROCKETT FOR SOONER EMERGENCY. ALL MOTIONS PASSED TO 5/14/12 MOTION DKT. PLTF HAS 15 DAYS TO RESPOND TO MOTION TO VACATE & MOTION TO ADD ADDITIONAL CLAIMANT DEF.
05/08/2012 PLAINTIFF'S RESPONSE TO MOTION TO VACATE JUDGEMENT AND MOTION TO ADD ADDITIONAL CLAIMANT DEFENDANT
05/14/2012 CM-CR CYNDI LARIMER: JUDGE MCBRIDE PRESIDING. MOTIONS CONTINUED TO 6/18/12 @ 1:30P.M. TO BE HEARD IN MAYES COUNTY.
05/17/2012 HIGH PRESSURE TRANSPORTS, MOTION FOR DEFAULT JUDGMENT AGAINST D & K AUTO
05/23/2012 DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION
06/12/2012 SOONER EMERGENCY SERVICES ANSWER TO PLAINTIFF'S RESPONSE TO MOTION TO VACATE JUDGMENT AND MOTION TO ADD ADDITIONAL CLAIMANT DEFENDANT
06/18/2012 CM, NO CR: JUDGE MCBRIDE BY PHONE. STEVE WILERKINSON PRESENT FOR THE PLAINITIFF. AUDREY MYERS PRESENT FOR THE DEFENDANT. JOHN CROCKETT PRESENT FOR SOONER EMERGENCY SERVICES. PLAINTIFF'S MOTION FOR DEFAULT IS OVERRULLED ANSWER FILED. PLAINTIFF TO HAVE 10 DAYS TO RESPOND TO SOONER EMERGENCY SERVICES PLEADINGS FILED TO DATE. CASE RESET FOR JULY 16, 2012 AT 1:30 TO BE HEARD IN MAYES COUNTY.
06/20/2012 SOONER EMERGENCY SERVICE SUPPLEMENT TO ITS ANSWER TO PLAINTIFF'S RESPONSE TO MOTION TO VACATE JUDMGNET AND MOTION TO ADD ADDITIONAL CLAIMANT DEFENDANT
07/10/2012 PLAINTIFF'S REPLY TO SOONER EMERGENCY SERVICE'S SUPPLEMENT TO ITS ANSWER TO PLAINTIFFS RESPONSE TO MOTION TO VACATE JUDGMENT AND MOTION TO ADD ADDITIONAL CLAIMANT DEFENDANT
07/12/2012 CM: NO CR; JUDGE MCBRIDE BY PHONE. JOHNNY CROCKETT, VIA PHONE, STEVE WILKERSON VIA PHONE, BY AGREEMENT, CASE IS CONTINUED 8/14/12 @ 1:30 PM. THAT DATE WAS CONFIRMED BY BOTH ATTORNEYS. CASE TO BE HEARD IN MAYES COUNTY.
08/07/2012 CM-NO CR: PER JENNY PATHKILLER BY PHONE. BY AGREEMENT, PER JOHN CROCKETT, HEARING SET 8/14/12 @ 1:30P.M. IS CONTINUED TO 9/6/12 @ 10:00A.M. TO BE HEARD IN MAYES CO.
09/04/2012 SOONER EMERGENCY'S REPLY TO PLAINTIFF'S RESPONSE TO SOONER'S SUPPLEMENT
09/10/2012 COURT MINUTE FROM 9/6/12
09/20/2012 ORIGINAL TRANSCRIPT OF PROCEEDINGS ON 9/6/11 FILED BY ROBIN BRADSHAW
09/20/2012 REQUEST TO SET CASE FOR STATUS AND SCHEDULING CONF.
09/21/2012 ORDER SETTING STATUS AND SCHEDULING CONFERENCE-COPY SENT TO JUDGE MCBRIDE
09/24/2012 REQUEST TO SET CASE FOR STATUS AND SCHEDULING CONFER.
09/24/2012 ORDER SETTING STATUS AND SCHEDULING CONFERENCE
10/12/2012 FILED TRANSCRIPT OF PROCEEDINGS-4/23/12
10/12/2012 FILED TRANSCRIPT OF PROCEEDINGS-3/19/12
10/12/2012 FILED TRANSCRIPT OF PROCEEDINGS-6/18/12
10/15/2012 AGREED SCHEDULING ORDER
10/15/2012 CM-CR CYNDI LARIMER: JUDGE MCBRIDE PRESIDING. STEPHEN WILKERSON FOR THE PLTF. D & K WRECKER NOR THEIR ATTY ARE PRESENT. JOHN CROCKETT PRESENT. SCHEDULING ORDER ENTERED. COURT NOTES THAT AUDREY MYERS REPRESENTED SOONER IN MUSKOGEE CASE & NOW REPRESENTS D & K AND IT WOULD APPEAR TO THE COURT THAT THERE IS A CONFLICT OF INTEREST.
10/15/2012 ORDER
11/07/2012 MOTION FOR SUMMARY JUDGMENT OR SUMMARY DISPOSITION (PUT COPY IN JUDGE MCBRIDES FOLDER) $50.00
11/07/2012 HIGH PRESSURE TRANSPORTS, LLC'S BRIEF IN SUPPORT FOR MOTION OF SUMMARY JUDGMENT
12/20/2012 PRELIMINARY WITNESS AND EXHIBIT LIST
01/07/2013 HIGH PRESSURE TRANSPORTS LLCS MOTION TO EXONERATE REPLEVIN BOND
02/12/2013 FINAL WITNESS AND EXHIBIT LIST
02/21/2013 ORDER
02/21/2013 CM-NO CR: JUDGE MCBRIDE PRESIDING. MOTION FOR SUMMARY JUDGMENT GRANTED. REPLEVIN BOND EXONERATED.
05/16/2013 REQUEST TO SET CASE FOR PRETRIAL CONFERENCE (ORDER MAILED TO JUDGE MCBRIDE)
06/10/2013 ORDER SETTING CASE FOR PRETRIAL CONFERENCE
07/05/2013 JOURNAL ENTRY OF JUDGMENT
07/15/2013 CM-NO CR: JUDGE MCBRIDE PRESIDING. AGREED PRE TRIAL ORDER TO BE FILED PER AUDREY MYERS.
07/15/2013 MOTION FOR SUMMARY JUDGMENT OR SUMMARY DISPOSITION $50.00
07/15/2013 BRIEF IN SUPPORT OF MOTION
08/05/2013 MOTION TO WITHDRAW AS ATTORNEY OF RECORD
08/08/2013 RESPONSE AND OBJECTION TO MOTION TO WITHDRAW AS ATTY OF RECORD
08/09/2013 ORDER APPROVING MOTION TO WITHDRAW
08/09/2013 MOTION FOR MORE TIME
08/12/2013 CM-CR CYNDI LARIMER: JUDGE MCBRIDE PRESIDING. DEF, D & K WRECKER PRESENT. D & K GIVEN UNTIL 9/16/13 TO RESPOND TO MOTION FOR SUMMARY JUDGMENT.(COPY OF COURT MINUTE MAILED TO MR WILKINSON)
08/15/2013 REQUEST TO SET CASE FOR PRETRIAL CONFERENCE
08/23/2013 ORDER SETTING PRETRIAL CONFERENCE
08/26/2013 ENTRY OF APPEARANCE
09/13/2013 APPLICATION TO AMEND PLEADING AND ASSERT ADDITIONAL COUNTERCLAIM AND ADD ADDITIONAL PARTY
09/13/2013 DEFENDANTS RESPONSE TO PLAINTIFFS MOTION FOR SUMMARY JUDGMENT
09/16/2013 CM-NO CR: JUDGE MCBRIDE PRESIDING. STEPHEN WILKERSON FOR THE PLTF. GEORGE MILES FOR THE DEF. PRE TRIAL CONFERENCE STRICKEN, TO BE RESET UPON APPLICATION. PLTF GIVEN 15 DAYS TO RESPOND TO DEF'S RESPONSE TO MOTION FOR SUMMARY JUDGMENT.
10/02/2013 PLAINTIFF'S REPLY TO DEFENDANT'S RESPONSE TO
PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
Outcome:
See above
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of High Pressure Transport, LLC v. D & K Auto & Wrecker Service?
The outcome was: See above
Which court heard High Pressure Transport, LLC v. D & K Auto & Wrecker Service?
This case was heard in District Court, Craig County, Oklahoma, OK. The presiding judge was McBride.
Who were the attorneys in High Pressure Transport, LLC v. D & K Auto & Wrecker Service?
Plaintiff's attorney: Steve Wilkerson. Defendant's attorney: Jimmy Frasier, George Miles and Sara Bryning.
When was High Pressure Transport, LLC v. D & K Auto & Wrecker Service decided?
This case was decided on September 14, 2012.