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John Dewey Holt v. Kamagon Fitness, Karen L. Reed, Mark Reed and Hedstrom PLastics, Inc.
Date: 04-27-2015
Case Number: CJ-2013-5695
Judge: Jefferson D. Sellers
Court: District Court, Tulsa County, Oklahoma
Plaintiff's Attorney: Skip Durbin
Defendant's Attorney: John Carwile
Description:
Tulsa, OK - John Dewey Holt sued Kamagon Fitness, Karen L. Reed, Mark Reed and Hedstrom PLastics, Inc. on fraud, breach of contract, intentional infliction of emotional distress, libel and tortious interference with contract theories claiming:
2. That upon information and belief, Kamagon Fitness LLC was and is a domestic limited liability corporation located in Tulsa County, State of Oklahoma.
3. That upon information and belief, Karen L. Reed is a resident of Tulsa County, State of Oklahoma.
4. That upon information and belief, Mark Reed is a resident of Tulsa County, State of Oklahoma.
1 That at all times heremafler mentioned, John Dewey Holt was and is a resident of Rogers
County, State of Oklahoma.
5. That upon information and belief, Uedstrom Plastics, Inc. was and is a corporation located in Ashland County, State of Ohio.
6. That the actions giving rise to this cause of action occurred in Tulsa County, State of Oklahoma.
7. That the District Court in and for Tulsa County, State of Oklahoma, has jurisdiction and venue over this action.
FACTUAL BACKGROUND
8. Plaintiff incorporates by reference all of the prior paragraphs, as if fully set forth herein.
9. On October 13, 2008, Plaintiff, through his attorney, filed an application for a U.S. Patent for an "exercise sphere†with the United States Patent and Trademark Office (hereinafter, "Patent Applicationâ€).
10. The Patent Application was listed as an "EXERCISE SPHERE†with serial number
12/250,222.
11. On November 17, 2008, Plaintiff and Defendant Karen Reed, in her individual capacity, agreed to allocate revenue interest associated with ownership in the "EXERCISE SPHERE.†The allocation was 60% for Plaintiff and 40% for Defendant Karen Reed.
12. On June 21, 2009, the U.S. Patent and Trademark Office sent official notice to Plaintiff indicating their receipt of his proper patent application fonn for patent admittance.
13. On April 20, 2010, Plaintiff assigned and conveyed all interest in his Patent Application to Kamagon Fitness, LLC in exchange for 10% ownership interest in Kamagon Fitness,
LLC.
14. Upon information and belief, this assigmnent was memorialized in the June 2009, Kamagon Fitness, LLC Operating Agreement and was signed by both Plaintiff and Defendant Karen Reed.
15. The Operating Agreement lists Plaintiff's income interest after payout as 10% for his "Assignment of Patent and Technical Assistance.â€
16. Plaintiff did not receive a signed copy of the June 2009 Kamagon Fitness, LLC Operating Agreement.
17. Upon request by Plaintiffs counsel, Defendants produced an unsigned copy of the June
2009 Kamagon Fitness LLC Operating Agreement with Plaintiff's income interest after
payout as 5%. Defendants also produced an October 2010 Kamagon Fitness, LLC
Operating Agreement signed by Defendant Karen Reed, which had further decreased
Plaintiff's ownership interest to 3.5%.
18. Plaintiffs diminished income interest after payout was without his knowledge and consent.
19. Upon information and belief, the June 2009 Kamagon Fitness, LLC Operating Agreement with 10% income interest after payout to Plaintiff was fraudulently and intentionally altered to reflect the June 2009 Kamagon Fitness, LLC Operating Agreement with 5% income interest after payout to Plaintiff
20. Upon information and belief, Defendant Mark Reed's interest in Kamagon Fitness, LLC directly increased as a result of Plaintiff's diminished income interest in Kamagon Fitness,
LLC.
21. Upon information and belief, Defendant Karen Reed's interest in Kamagon Fitness, LLC directly increased as a result of Plaintiffs diminished income interest in Kaniagon Fitness,
LLC.
22. Upon information and belief, Defendants transferred and/or sold the rights to the Patent and/or Patent Application to a third party.
23. Plaintiff has not received his appropriate financial interest in the proceeds from the transfer/sale of the Patent and/or Patent Application.
COUNT I - FRAUD
(Against Defendant Karen Reed)
24. Plaintiff incorporates by reference all of the prior paragraphs, as if hilly set forth herein.
25. The actions of Defendant Karen Reed constitute actual and/or intentional fraud.
26. Upon information and belief, Defendant Karen Reed produced a falsified June 2009 Kamagon Fitness, LLC Operating Agreement altering Plaintiff's income interest without his knowledge and consent.
27. As a direct result of Defendant Karen Reed's fraud, Plaintiff has suffered damages in an amount in excess of $75,000.00.
COUNT II- CIVIL CONSPIRACY
(Against Defendants Karen Reed and Mark Reed)
28. Plaintiff incorporates by reference all of the prior paragraphs, as if fUlly set forth herein.
29. The actions of Defendant Karen Reed and Defendant Mark Reed constitute a civil conspiracy.
30. Upon information and belief, Defendant Karen Reed and Defendant Mark Reed conspired to diminish Plaintiff's income interest in Kamagon Fitness, LLC and to directly increase both Defendants' interest in Kamagon Fitness, LLC.
31. Upon information and belief, Defendant Karen Reed's and Defendant Mark Reed's interest in Kamagon Fitness, LLC actually increased as a result of Plaintiff's diminished income interest in Kamagon Fitness, LLC.
32. As a direct result of Defendant Karen Reed's and Defendant Mark Reed's civil conspiracy, Plaintiff has suffered damages in an amount in excess of $75,000.00.
COUNT HI - BREACH OF CONTRACT
(Against Defendants Kamagon Fitness, Karen Reed, and Mark Reed)
33. Plaintiff incorporates by reference all of the prior paragraphs, as if fully set forth herein.
34. The acts of all Defendants constitute a breach of contract.
35. The signed June 2009 Kamagon Fitness LLC Operating Agreement with Plaintiff's income interest after payout as 10% constitutes an enforceable and binding contract between Plaintiff and the Defendants.
36. Plaintiff has not been paid his proper share of the proceeds in accordance with the June
2009 Kamagon Fitness LLC Operating Agreement with Plaintiff's income interest after payout as 10%.
37. As a direct result of Defendants' breach of contract, Plaintiff has suffered damages in an amount in excess of $75,000.00.
COUNT IV - INTENTIONAL INTERFERENCE WITH A CONTRACT
(Against Defendants Karen Reed)
38. Plaintiff incorporates by reference all of the prior paragraphs, as if frilly set forth herein.
39. The actions of Defendant Karen Reed constitute an intentional interference with a contract.
40. Upon information and belief, Defendant Karen Reed produced a fraudulent June 2009 Kamagon Fitness, LLC Operating Agreement and a fraudulent October 2010 Kamagon
Fitness, LLC Operating Agreement, which directly resulted in a breach of contract between Plaintiff and Defendant Kamagon Fitness, LLC.
41. As a direct result of Defendant Karen Reed's intentional interference with a contract, Plaintiff suffered economic damages in excess of $75,000.00.
COUNT V - INTENTIONAL INTERFERENCE WITH PROSPECTIVE ECONOMIC
ADVANTAGE
(Against Defendant Karen Reed)
42. Plaintiff incorporates by reference all of the prior paragraphs, as if fully set forth herein.
43. Upon infomiation and belief, Defendant Karen Reed intentionally produced the fraudulent document of the June 2009 Kamagon Fitness, LLC Operating Agreement with Plaintiff's income ownership as 5%. Defendant Karen Reed also produced a signed October 2010 Kamagon Fitness, LLC Operating Agreement providing Plaintiff with a further reduced income interest of 3.5%. Plaintiff suffered economic damages due to this fraud.
44. As a direct result of Defendant Karen Reed's intentional interference with prospective economic advantage, Plaintiff has suffered actual damages in an amount in excess of
$75,000.00.
COUNT VI- QUANTUM MERUIT
(Against Defendants Kamagon Fitness, Karen Reed, and Mark Reed)
45. Plaintiff incorporates by reference all of the prior paragraphs, as if frilly set forth herein.
46. Plaintiff provided all Defendants with ownership of the Patent and/or Patent Application, and Plaintiff was to receive 10% ownership interest in Kamagon Fitness, LLC.
47. Defcndants received the benefit of Plaintiffs conveyance and assignment of the Patent and!or Patent Application, but have not made payments in compliance with the original 2009 Kamagon Fitness, LLC Operating Agreement.
48. Defendants have been tin] ustly enriched by knowingly accepting the Patent and/or Patent Application to Plaintiffs detriment and have not paid Plaintiff according to the agreed upon amount as specified in the original 2009 Kamagon Fitness, LLC Operating Agreement.
49. As a result of their actions, the Defendants are estopped from denying Plaintiff's 10% ownership interest in Kamagon Fitness, LLC.
COUNT VII- DEFAMATION (SLANDER)
(Against Defendant Mark Reed)
50. Plaintiff incorporates by reference all of the prior paragraphs, as if ftilly set forth herein.
51. Upon information and belief, Defendant Mark Reed spoke false statements regarding Plaintiff to other employees of Kamagon Fitness.
52. Upon information and belief, Defendant Mark Reed spoke false statements regarding Plaintiff to former, current, and/or future clients of Plaintiff and/or Defendants.
53. Defendant Mark Reed's statements were not privileged.
54. Upon information and belief, Defendant Mark Reed maliciously spoke false statements regarding Plaintiff to impute the presence of an existing infectious, contagious or loathsome disease upon Plaintiff, namely a mental illness.
55. In the alternative, upon irifonnation and belief, Defendant Mark Reed maliciously spoke false statements to directly injure Plaintiff with respect to his profession, trade, or business by imputing general disqualifications of which his occupation peculiarly requires.
56. In the alternative, upon information and belief, Defendant Mark Reed maliciously spoke false statements about Plaintiff, which directly caused actual damages to Plaintiff.
57. Plaintiff has suffered reputational harm as a result of Defendant Mark Reed's maliciously spoken false statements.
58. Plaintiff has suffered from actual financial damages from Defendant Mark Reed's maliciously spoken false statements.
59. As a direct result of Defendant Mark Reed's defamation, Plaintiff has suffered damages in an amount in excess of $75,000.00.
COUNT VIII- INTENTIONAL INTERFERENCE WITH PROSPECTIVE
ECONOMIC ADVANTAGE
(Against Defendant Mark Reed)
60. Plaintiff incorporates by reference all of the prior paragraphs, as if fully set forth herein.
61. Upon information and belief, Defendant Mark Reed spoke false statements regarding Plaintiff to former, current, and/or future clients of Plaintiff.
62. As a result of the defamation, Plaintiff suffered reputational harm and a decrease in former, current, andlor prospective clients.
63. As a direct result of Defendant Mark Reed's intentional interference with prospective economic advantage, Plaintiff has suffered damages in an amount in excess of $75,000.00.
COUNT IX - PUNITIVE DAMAGES
(Against Defendants Karen and Mark Reed)
64. Plaintiff incorporates by reference all of the prior paragraphs, as if fully set forth herein.
65. The intentional and/or malicious actions of Defendant Karen Reed and Defendant Mark Reed, in hers and his individual and corporate capacities, justify the imposition of punitive damages in this matter.
66. Plaintiff hereby requests this court impose punitive damages on Defendant Karen Reed and Defendant Mark Reed in an amount to be determined at the trial of this matter.
PLAINTIFF'S APPLICATION FOR PERMANENT INJUNCTION
67. Plaintiff incorporates by reference all of the prior paragraphs, as if fully set forth herein.
68. Plaintiff seeks a permanent injunction pursuant to 12 O.S. §1381 et seq. to be in full force
and effect until further other of this Court
69. Upon information and belief; Defendants sold the rights to the Patent and/or Patent Application to a third party, I-ledstrom Fitness, a division of Hedstrom Plastics, Inc. See attached exhibits.
70. Plaintiff seeks a permanent injunction from the development, funding, conceptualization, and/or transfer of ownership interest in the Patent and/or Patent Application to any third party.
71. Plaintiff further seeks a permanent injunction from the filing of any and all Patent Applications with the U.S. Patent and Trademark Office wholly or partially connected or similar to the Patent and/or Patent Application.
72. Facts show that immediate and irreparable injury will result to the Plaintiff if this claim is denied because Defendants have the immediate ability to relocate or transfer their fmancial interest, which is partially attributable to Plaintiff.
73. Failure to issue a permanent injunction against Defendants will cause Plaintiff substantial and irreparable economic loss while the imposition of the injunction will not cause any adverse effect on Defendants.
74. It is not against the public policy of the State of Oklahoma to issue an injunction in this instance because it is not against public policy of the State to ensure the protection of a secured interest.
75. To prevent the improper and unlawful misappropriation of the received financial interest from the sale of the Patent and/or Patent Application, Defendants should be enjoined from physically relocating or transferring any financial interest from the Patent and/or Patent Application therefrom and other such assets until further other of this Court.
Docket
Date Code Description Count Party Amount
12-16-2013 TEXT
Civil relief more than $10,000 Initial Filing.
1
12-16-2013 INJUNCT
FRAUD
12-16-2013 DMFE
DISPUTE MEDIATION FEE
$ 2.00
12-16-2013 PFE1
PETITION
Document Available (#1022970529)
$ 163.00
12-16-2013 PFE7
LAW LIBRARY FEE
$ 6.00
12-16-2013 OCISR
Oklahoma Court Information System Revolving Fund
$ 25.00
12-16-2013 CCADMIN02
Court Clerk Administrative Fee on $2 Collections
$ 0.20
12-16-2013 OCJC
Oklahoma Council on Judicial Complaints Revolving Fund
$ 2.00
12-16-2013 OCASA
Oklahoma Court Appointed Special Advocates
$ 5.00
12-16-2013 CCADMIN04
Court Clerk Administrative Fee on Collections
$ 0.50
12-16-2013 LTF
Lengthy Trial Fund
$ 10.00
12-16-2013 TEXT
OCIS has automatically assigned Judge Sellers, Jefferson D. to this case.
12-16-2013 ACCOUNT
Receipt # 2013-2744884 on 12/16/2013.
Payor:DURBIN LAW FIRM Total Amount Paid: $213.70.
Line Items:
CJ-2013-5695: $163.00 on AC01 Clerk Fees.
CJ-2013-5695: $6.00 on AC23 Law Library Fee.
CJ-2013-5695: $0.70 on AC31 Court Clerk Revolving Fund.
CJ-2013-5695: $5.00 on AC58 Oklahoma Court Appointed Special Advocates.
CJ-2013-5695: $2.00 on AC59 Oklahoma Council on Judicial Complaints Revolving Fund.
CJ-2013-5695: $2.00 on AC64 Dispute Mediation Fees.
CJ-2013-5695: $25.00 on AC79 OCIS Revolving Fund.
CJ-2013-5695: $10.00 on AC81 Lengthy Trial Fund.
12-17-2013 SMF
Summons Fee (Clerks Fee)-3
$ 15.00
12-17-2013 SMIMA
SUMMONS ISSUED - MAILED BY ATTORNEY
12-17-2013 ACCOUNT
Receipt # 2013-2745787 on 12/17/2013.
Payor:DURBIN LAW FIRM Total Amount Paid: $15.00.
Line Items:
CJ-2013-5695: $15.00 on AC01 Clerk Fees.
02-27-2014 MO
Motion TO WITHDRAW AS COUNSEL / A TO J / SPENCER C PITTMAN / CERTIFICATE OF SERVICE
Document Available (#1024317905)
HOLT, JOHN DEWEY
02-27-2014 CTFREE
SELLERS, JEFFERSON D.: Order entered allowing Spencer C. Pittman to withdraw as counsel for plaintiff.
03-13-2014 O
Order GRANTING MOTION TO WITHDRAW AS COUNSEL / SPENCER C PITTMAN,
Document Available (#1024416631)
07-07-2014 CTFREE
SELLERS, JEFFERSON D.: Notice of impending dismissal for failure to obtain service within 180 days entered. Notice to: Ronald Durbin
07-08-2014 NO
Notice OF IMPENDING DISMISSAL FOR FAILURE TO OBTAIN SERVICE WITHIN 180 DAYS / CERTIFICATE OF MAILING / TO : RONALD DURBIN
Document Available (#1026483041)
07-25-2014 MO
PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO OBTAIN SERVICE ON DEFENDANTS / A2J
Document Available (#1026634697)
HOLT, JOHN DEWEY
07-28-2014 CTFREE
SELLERS, JEFFERSON D.: Order entered granting plaintiff 60 days to obtain service.
07-31-2014 O
Order GRANTING PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO OBTAIN SERVICE ON DEFENDANTS /
Document Available (#1026636974)
10-02-2014 DISPDWOP
SELLERS, JEFFERSON D.: Order entered dismissing without prejudice for failure to obtain service. Notice to: Ronald durbin
1 HEDSTROM PLASTICS INC
10-02-2014 DISPDWOP
SELLERS, JEFFERSON D.: Order entered dismissing without prejudice for failure to obtain service. Notice to: Ronald durbin
1 KAMAGON FITNESS
10-02-2014 DISPDWOP
SELLERS, JEFFERSON D.: Order entered dismissing without prejudice for failure to obtain service. Notice to: Ronald durbin
1 REED, KAREN L
10-02-2014 DISPDWOP
SELLERS, JEFFERSON D.: Order entered dismissing without prejudice for failure to obtain service. Notice to: Ronald durbin
1 REED, MARK
10-02-2014 DISPDWOP
SELLERS, JEFFERSON D.: Order entered dismissing without prejudice for failure to obtain service. Notice to: Ronald durbin
2 HEDSTROM PLASTICS INC
10-02-2014 DISPDWOP
SELLERS, JEFFERSON D.: Order entered dismissing without prejudice for failure to obtain service. Notice to: Ronald durbin
2 KAMAGON FITNESS
10-02-2014 DISPDWOP
SELLERS, JEFFERSON D.: Order entered dismissing without prejudice for failure to obtain service. Notice to: Ronald durbin
2 REED, KAREN L
10-02-2014 DISPDWOP
SELLERS, JEFFERSON D.: Order entered dismissing without prejudice for failure to obtain service. Notice to: Ronald durbin
2 REED, MARK
10-02-2014 DISPDWOP
SELLERS, JEFFERSON D.: Order entered dismissing without prejudice for failure to obtain service. Notice to: Ronald durbin
3 HEDSTROM PLASTICS INC
10-02-2014 DISPDWOP
SELLERS, JEFFERSON D.: Order entered dismissing without prejudice for failure to obtain service. Notice to: Ronald durbin
3 KAMAGON FITNESS
10-02-2014 DISPDWOP
SELLERS, JEFFERSON D.: Order entered dismissing without prejudice for failure to obtain service. Notice to: Ronald durbin
3 REED, KAREN L
10-02-2014 DISPDWOP
SELLERS, JEFFERSON D.: Order entered dismissing without prejudice for failure to obtain service. Notice to: Ronald durbin
3 REED, MARK
10-02-2014 DISPDWOP
SELLERS, JEFFERSON D.: Order entered dismissing without prejudice for failure to obtain service. Notice to: Ronald durbin
4 HEDSTROM PLASTICS INC
10-02-2014 DISPDWOP
SELLERS, JEFFERSON D.: Order entered dismissing without prejudice for failure to obtain service. Notice to: Ronald durbin
4 KAMAGON FITNESS
10-02-2014 DISPDWOP
SELLERS, JEFFERSON D.: Order entered dismissing without prejudice for failure to obtain service. Notice to: Ronald durbin
4 REED, KAREN L
10-02-2014 DISPDWOP
SELLERS, JEFFERSON D.: Order entered dismissing without prejudice for failure to obtain service. Notice to: Ronald durbin
4 REED, MARK
10-02-2014 DISPDWOP
SELLERS, JEFFERSON D.: Order entered dismissing without prejudice for failure to obtain service. Notice to: Ronald durbin
5 HEDSTROM PLASTICS INC
10-02-2014 DISPDWOP
SELLERS, JEFFERSON D.: Order entered dismissing without prejudice for failure to obtain service. Notice to: Ronald durbin
5 KAMAGON FITNESS
10-02-2014 DISPDWOP
SELLERS, JEFFERSON D.: Order entered dismissing without prejudice for failure to obtain service. Notice to: Ronald durbin
5 REED, KAREN L
10-02-2014 DISPDWOP
SELLERS, JEFFERSON D.: Order entered dismissing without prejudice for failure to obtain service. Notice to: Ronald durbin
5 REED, MARK
10-02-2014 DISPDWOP
SELLERS, JEFFERSON D.: Order entered dismissing without prejudice for failure to obtain service. Notice to: Ronald durbin
6 HEDSTROM PLASTICS INC
10-02-2014 DISPDWOP
SELLERS, JEFFERSON D.: Order entered dismissing without prejudice for failure to obtain service. Notice to: Ronald durbin
6 KAMAGON FITNESS
10-02-2014 DISPDWOP
SELLERS, JEFFERSON D.: Order entered dismissing without prejudice for failure to obtain service. Notice to: Ronald durbin
6 REED, KAREN L
10-02-2014 DISPDWOP
SELLERS, JEFFERSON D.: Order entered dismissing without prejudice for failure to obtain service. Notice to: Ronald durbin
6 REED, MARK
10-02-2014 ODISM
Order Of Dismissal FOR FAILURE TO OBTAIN SERVICE WITHIN 180 DAYS
Document Available (#1027199597)
10-22-2014 MOVAC
PLAINTIFF'S MOTION TO VACATE DISMISSAL FOR FAILURE TO SERVE AND REQUEST FOR ADDITIONAL TIME TO OBTAIN SERVICE
Document Available (#1027500861)
$ 33.00
10-22-2014 OCISR
Oklahoma Court Information System Revolving Fund
$ 25.00
10-22-2014 CCADMIN02
Court Clerk Administrative Fee on $2 Collections
$ 0.20
10-22-2014 OCJC
Oklahoma Council on Judicial Complaints Revolving Fund
$ 2.00
10-22-2014 OCASA
Oklahoma Court Appointed Special Advocates
$ 5.00
10-22-2014 CCADMIN04
Court Clerk Administrative Fee on Collections
$ 0.50
10-22-2014 ACCOUNT
Receipt # 2014-2956702 on 10/22/2014.
Payor:DURBIN LAW FIRM Total Amount Paid: $65.70.
Line Items:
CJ-2013-5695: $33.00 on AC01 Clerk Fees.
CJ-2013-5695: $0.70 on AC31 Court Clerk Revolving Fund.
CJ-2013-5695: $5.00 on AC58 Oklahoma Court Appointed Special Advocates.
CJ-2013-5695: $2.00 on AC59 Oklahoma Council on Judicial Complaints Revolving Fund.
CJ-2013-5695: $25.00 on AC79 OCIS Revolving Fund.
10-23-2014 CTFREE
SELLERS, JEFFERSON D.: Order entered vacating dismissal and granting plaintiff until 12-23-14 to obtain service.
10-24-2014 O
ORDER GRANTING PLAINTIFF'S MOTION TO VACATE DISMISSAL FOR FAILURE TO SERVE AND REQUEST FOR ADDITIONAL TIME TO OBTAIN SERVICE
Document Available (#1027500951)
12-18-2014 S
Party has been successfully served./ FOR KAMAGON FITNESS INC/ CORP SRV, SRVD MARK REED / 12-12-14/ BY PS
Document Available (#1028053921)
KAMAGON FITNESS
12-18-2014 S
Party has been successfully served./ FOR KAREN REED, RES SRV, SRVD ED REED, ON 12-12-14, BY PS
Document Available (#1028053917)
REED, KAREN L
12-18-2014 S
Party has been successfully served. FOR MARK REED, PERS SRV, ON 12-12-14, BY PS
Document Available (#1028053967)
REED, MARK
01-02-2015 A
ANSWER of defendants kamagon fitniess llc karen l reed and mark reed / c to j /certificate of mailing
Document Available (#1028053251)
KAMAGON FITNESS
01-02-2015 MOD
DEFENDANTS KAMAGON FITNESS, KAREN L REED AND MARK REED'S MOTION FOR DISMISSAL OR ATERNATIVIELY MOTION TO COMPEL ARITRATION OF CLAIMS AND BRIEF IN SUPPORT / C TO J / CERTIFICATE OF MAILING
Document Available (#1028053255)
KAMAGON FITNESS
01-30-2015 MO
PLAINTIFF'S UNOPPOSED MOTION FOR ADDITIONAL TIME TO RESPOND TO DEFENDANT'S MOTION FOR DISMISSAL OR ALTERNATIVELY MOTION TO COMPEL ARBITRATION OF CLAIMS (A/J)
Document Available (#1028543501)
HOLT, JOHN DEWEY
02-02-2015 CTFREE
SELLERS, JEFFERSON D.: Order entered granting plaintiff 7 days to respond to defendant's motion to dismiss.
02-06-2015 RESP
PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION FOR DISMISSAL OR ALTERNATIVELY MOTION TO COMPEL ARBITRATION OF CLAIMS OR ALTERNATIVELY PLAINTIFF'S MOTION TO SET EVIDENTIARY HEARING ON THE MATTER / C TO J / CERTIFICATE OF MAILING
Document Available (#1028672480)
HOLT, JOHN DEWEY
02-09-2015 AFD
AFFIDAVIT OF MAILING
Document Available (#1028673112)
HOLT, JOHN DEWEY
02-11-2015 CTFREE
SELLERS, JEFFERSON D.: Defendants Kamagon, Karen Reed and Mark Reed's motion for dismissal or motion to compel arbitration is set for hearing on 3-24-15 at 11:00 am. Notice to: John Carwile, Ronald Durbin, Spencer Pittman
02-11-2015 NOH
NOTICE OF HEARING / SEE ABOVE ENTRY / AFFIDAVIT OF MAILING
Document Available (#1028669294)
02-27-2015 O
Order GRANTING UNOPPOSED MOTION FOR ADDITIONAL TIME TO RESPOND TO DEFENDANT'S MOTION FOR DISMMISAL OR ALTERNATIVELY MOTION TO COMPEL ARBITRATION OF CLAIMS / CERTIFICATE OF SERVICE
Document Available (#1028750440)
03-02-2015 MO
DEFENDANTS' UNOPPOSED MOTION FOR CONTINUANCE OF HEARING / CERTIFICATE OF MAILING
Document Available (#1028748841)
KAMAGON FITNESS
03-03-2015 CTFREE
SELLERS, JEFFERSON D.: Order entered setting defendants' motion to dismiss is reset on 3-30-15 at 2:30 pm.
03-24-2015 OSH
ORDER SETTING HEARING/ SEE ABOVE ENTRY
Document Available (#1029068326)
03-30-2015 CTFREE
SELLERS, JEFFERSON D.: Per phone call with Whitney from Ron durbin's office and by agreement defendant's motion to dismiss is reset for hearing on 4-27-15 at 1:30 pm.
04-27-2015 DISPCVDM
SELLERS, JEFFERson d.: Per phone call with Ron Durbin motion to dismiss hearing is stricken as settled.
1 HEDSTROM PLASTICS INC
04-27-2015 DWOP
DISMISSAL WITHOUT PREJUDICE BY PLF
Document Available (#1029445255)
KAMAGON FITNESS
2. That upon information and belief, Kamagon Fitness LLC was and is a domestic limited liability corporation located in Tulsa County, State of Oklahoma.
3. That upon information and belief, Karen L. Reed is a resident of Tulsa County, State of Oklahoma.
4. That upon information and belief, Mark Reed is a resident of Tulsa County, State of Oklahoma.
1 That at all times heremafler mentioned, John Dewey Holt was and is a resident of Rogers
County, State of Oklahoma.
5. That upon information and belief, Uedstrom Plastics, Inc. was and is a corporation located in Ashland County, State of Ohio.
6. That the actions giving rise to this cause of action occurred in Tulsa County, State of Oklahoma.
7. That the District Court in and for Tulsa County, State of Oklahoma, has jurisdiction and venue over this action.
FACTUAL BACKGROUND
8. Plaintiff incorporates by reference all of the prior paragraphs, as if fully set forth herein.
9. On October 13, 2008, Plaintiff, through his attorney, filed an application for a U.S. Patent for an "exercise sphere†with the United States Patent and Trademark Office (hereinafter, "Patent Applicationâ€).
10. The Patent Application was listed as an "EXERCISE SPHERE†with serial number
12/250,222.
11. On November 17, 2008, Plaintiff and Defendant Karen Reed, in her individual capacity, agreed to allocate revenue interest associated with ownership in the "EXERCISE SPHERE.†The allocation was 60% for Plaintiff and 40% for Defendant Karen Reed.
12. On June 21, 2009, the U.S. Patent and Trademark Office sent official notice to Plaintiff indicating their receipt of his proper patent application fonn for patent admittance.
13. On April 20, 2010, Plaintiff assigned and conveyed all interest in his Patent Application to Kamagon Fitness, LLC in exchange for 10% ownership interest in Kamagon Fitness,
LLC.
14. Upon information and belief, this assigmnent was memorialized in the June 2009, Kamagon Fitness, LLC Operating Agreement and was signed by both Plaintiff and Defendant Karen Reed.
15. The Operating Agreement lists Plaintiff's income interest after payout as 10% for his "Assignment of Patent and Technical Assistance.â€
16. Plaintiff did not receive a signed copy of the June 2009 Kamagon Fitness, LLC Operating Agreement.
17. Upon request by Plaintiffs counsel, Defendants produced an unsigned copy of the June
2009 Kamagon Fitness LLC Operating Agreement with Plaintiff's income interest after
payout as 5%. Defendants also produced an October 2010 Kamagon Fitness, LLC
Operating Agreement signed by Defendant Karen Reed, which had further decreased
Plaintiff's ownership interest to 3.5%.
18. Plaintiffs diminished income interest after payout was without his knowledge and consent.
19. Upon information and belief, the June 2009 Kamagon Fitness, LLC Operating Agreement with 10% income interest after payout to Plaintiff was fraudulently and intentionally altered to reflect the June 2009 Kamagon Fitness, LLC Operating Agreement with 5% income interest after payout to Plaintiff
20. Upon information and belief, Defendant Mark Reed's interest in Kamagon Fitness, LLC directly increased as a result of Plaintiff's diminished income interest in Kamagon Fitness,
LLC.
21. Upon information and belief, Defendant Karen Reed's interest in Kamagon Fitness, LLC directly increased as a result of Plaintiffs diminished income interest in Kaniagon Fitness,
LLC.
22. Upon information and belief, Defendants transferred and/or sold the rights to the Patent and/or Patent Application to a third party.
23. Plaintiff has not received his appropriate financial interest in the proceeds from the transfer/sale of the Patent and/or Patent Application.
COUNT I - FRAUD
(Against Defendant Karen Reed)
24. Plaintiff incorporates by reference all of the prior paragraphs, as if hilly set forth herein.
25. The actions of Defendant Karen Reed constitute actual and/or intentional fraud.
26. Upon information and belief, Defendant Karen Reed produced a falsified June 2009 Kamagon Fitness, LLC Operating Agreement altering Plaintiff's income interest without his knowledge and consent.
27. As a direct result of Defendant Karen Reed's fraud, Plaintiff has suffered damages in an amount in excess of $75,000.00.
COUNT II- CIVIL CONSPIRACY
(Against Defendants Karen Reed and Mark Reed)
28. Plaintiff incorporates by reference all of the prior paragraphs, as if fUlly set forth herein.
29. The actions of Defendant Karen Reed and Defendant Mark Reed constitute a civil conspiracy.
30. Upon information and belief, Defendant Karen Reed and Defendant Mark Reed conspired to diminish Plaintiff's income interest in Kamagon Fitness, LLC and to directly increase both Defendants' interest in Kamagon Fitness, LLC.
31. Upon information and belief, Defendant Karen Reed's and Defendant Mark Reed's interest in Kamagon Fitness, LLC actually increased as a result of Plaintiff's diminished income interest in Kamagon Fitness, LLC.
32. As a direct result of Defendant Karen Reed's and Defendant Mark Reed's civil conspiracy, Plaintiff has suffered damages in an amount in excess of $75,000.00.
COUNT HI - BREACH OF CONTRACT
(Against Defendants Kamagon Fitness, Karen Reed, and Mark Reed)
33. Plaintiff incorporates by reference all of the prior paragraphs, as if fully set forth herein.
34. The acts of all Defendants constitute a breach of contract.
35. The signed June 2009 Kamagon Fitness LLC Operating Agreement with Plaintiff's income interest after payout as 10% constitutes an enforceable and binding contract between Plaintiff and the Defendants.
36. Plaintiff has not been paid his proper share of the proceeds in accordance with the June
2009 Kamagon Fitness LLC Operating Agreement with Plaintiff's income interest after payout as 10%.
37. As a direct result of Defendants' breach of contract, Plaintiff has suffered damages in an amount in excess of $75,000.00.
COUNT IV - INTENTIONAL INTERFERENCE WITH A CONTRACT
(Against Defendants Karen Reed)
38. Plaintiff incorporates by reference all of the prior paragraphs, as if frilly set forth herein.
39. The actions of Defendant Karen Reed constitute an intentional interference with a contract.
40. Upon information and belief, Defendant Karen Reed produced a fraudulent June 2009 Kamagon Fitness, LLC Operating Agreement and a fraudulent October 2010 Kamagon
Fitness, LLC Operating Agreement, which directly resulted in a breach of contract between Plaintiff and Defendant Kamagon Fitness, LLC.
41. As a direct result of Defendant Karen Reed's intentional interference with a contract, Plaintiff suffered economic damages in excess of $75,000.00.
COUNT V - INTENTIONAL INTERFERENCE WITH PROSPECTIVE ECONOMIC
ADVANTAGE
(Against Defendant Karen Reed)
42. Plaintiff incorporates by reference all of the prior paragraphs, as if fully set forth herein.
43. Upon infomiation and belief, Defendant Karen Reed intentionally produced the fraudulent document of the June 2009 Kamagon Fitness, LLC Operating Agreement with Plaintiff's income ownership as 5%. Defendant Karen Reed also produced a signed October 2010 Kamagon Fitness, LLC Operating Agreement providing Plaintiff with a further reduced income interest of 3.5%. Plaintiff suffered economic damages due to this fraud.
44. As a direct result of Defendant Karen Reed's intentional interference with prospective economic advantage, Plaintiff has suffered actual damages in an amount in excess of
$75,000.00.
COUNT VI- QUANTUM MERUIT
(Against Defendants Kamagon Fitness, Karen Reed, and Mark Reed)
45. Plaintiff incorporates by reference all of the prior paragraphs, as if frilly set forth herein.
46. Plaintiff provided all Defendants with ownership of the Patent and/or Patent Application, and Plaintiff was to receive 10% ownership interest in Kamagon Fitness, LLC.
47. Defcndants received the benefit of Plaintiffs conveyance and assignment of the Patent and!or Patent Application, but have not made payments in compliance with the original 2009 Kamagon Fitness, LLC Operating Agreement.
48. Defendants have been tin] ustly enriched by knowingly accepting the Patent and/or Patent Application to Plaintiffs detriment and have not paid Plaintiff according to the agreed upon amount as specified in the original 2009 Kamagon Fitness, LLC Operating Agreement.
49. As a result of their actions, the Defendants are estopped from denying Plaintiff's 10% ownership interest in Kamagon Fitness, LLC.
COUNT VII- DEFAMATION (SLANDER)
(Against Defendant Mark Reed)
50. Plaintiff incorporates by reference all of the prior paragraphs, as if ftilly set forth herein.
51. Upon information and belief, Defendant Mark Reed spoke false statements regarding Plaintiff to other employees of Kamagon Fitness.
52. Upon information and belief, Defendant Mark Reed spoke false statements regarding Plaintiff to former, current, and/or future clients of Plaintiff and/or Defendants.
53. Defendant Mark Reed's statements were not privileged.
54. Upon information and belief, Defendant Mark Reed maliciously spoke false statements regarding Plaintiff to impute the presence of an existing infectious, contagious or loathsome disease upon Plaintiff, namely a mental illness.
55. In the alternative, upon irifonnation and belief, Defendant Mark Reed maliciously spoke false statements to directly injure Plaintiff with respect to his profession, trade, or business by imputing general disqualifications of which his occupation peculiarly requires.
56. In the alternative, upon information and belief, Defendant Mark Reed maliciously spoke false statements about Plaintiff, which directly caused actual damages to Plaintiff.
57. Plaintiff has suffered reputational harm as a result of Defendant Mark Reed's maliciously spoken false statements.
58. Plaintiff has suffered from actual financial damages from Defendant Mark Reed's maliciously spoken false statements.
59. As a direct result of Defendant Mark Reed's defamation, Plaintiff has suffered damages in an amount in excess of $75,000.00.
COUNT VIII- INTENTIONAL INTERFERENCE WITH PROSPECTIVE
ECONOMIC ADVANTAGE
(Against Defendant Mark Reed)
60. Plaintiff incorporates by reference all of the prior paragraphs, as if fully set forth herein.
61. Upon information and belief, Defendant Mark Reed spoke false statements regarding Plaintiff to former, current, and/or future clients of Plaintiff.
62. As a result of the defamation, Plaintiff suffered reputational harm and a decrease in former, current, andlor prospective clients.
63. As a direct result of Defendant Mark Reed's intentional interference with prospective economic advantage, Plaintiff has suffered damages in an amount in excess of $75,000.00.
COUNT IX - PUNITIVE DAMAGES
(Against Defendants Karen and Mark Reed)
64. Plaintiff incorporates by reference all of the prior paragraphs, as if fully set forth herein.
65. The intentional and/or malicious actions of Defendant Karen Reed and Defendant Mark Reed, in hers and his individual and corporate capacities, justify the imposition of punitive damages in this matter.
66. Plaintiff hereby requests this court impose punitive damages on Defendant Karen Reed and Defendant Mark Reed in an amount to be determined at the trial of this matter.
PLAINTIFF'S APPLICATION FOR PERMANENT INJUNCTION
67. Plaintiff incorporates by reference all of the prior paragraphs, as if fully set forth herein.
68. Plaintiff seeks a permanent injunction pursuant to 12 O.S. §1381 et seq. to be in full force
and effect until further other of this Court
69. Upon information and belief; Defendants sold the rights to the Patent and/or Patent Application to a third party, I-ledstrom Fitness, a division of Hedstrom Plastics, Inc. See attached exhibits.
70. Plaintiff seeks a permanent injunction from the development, funding, conceptualization, and/or transfer of ownership interest in the Patent and/or Patent Application to any third party.
71. Plaintiff further seeks a permanent injunction from the filing of any and all Patent Applications with the U.S. Patent and Trademark Office wholly or partially connected or similar to the Patent and/or Patent Application.
72. Facts show that immediate and irreparable injury will result to the Plaintiff if this claim is denied because Defendants have the immediate ability to relocate or transfer their fmancial interest, which is partially attributable to Plaintiff.
73. Failure to issue a permanent injunction against Defendants will cause Plaintiff substantial and irreparable economic loss while the imposition of the injunction will not cause any adverse effect on Defendants.
74. It is not against the public policy of the State of Oklahoma to issue an injunction in this instance because it is not against public policy of the State to ensure the protection of a secured interest.
75. To prevent the improper and unlawful misappropriation of the received financial interest from the sale of the Patent and/or Patent Application, Defendants should be enjoined from physically relocating or transferring any financial interest from the Patent and/or Patent Application therefrom and other such assets until further other of this Court.
Docket
Date Code Description Count Party Amount
12-16-2013 TEXT
Civil relief more than $10,000 Initial Filing.
1
12-16-2013 INJUNCT
FRAUD
12-16-2013 DMFE
DISPUTE MEDIATION FEE
$ 2.00
12-16-2013 PFE1
PETITION
Document Available (#1022970529)
$ 163.00
12-16-2013 PFE7
LAW LIBRARY FEE
$ 6.00
12-16-2013 OCISR
Oklahoma Court Information System Revolving Fund
$ 25.00
12-16-2013 CCADMIN02
Court Clerk Administrative Fee on $2 Collections
$ 0.20
12-16-2013 OCJC
Oklahoma Council on Judicial Complaints Revolving Fund
$ 2.00
12-16-2013 OCASA
Oklahoma Court Appointed Special Advocates
$ 5.00
12-16-2013 CCADMIN04
Court Clerk Administrative Fee on Collections
$ 0.50
12-16-2013 LTF
Lengthy Trial Fund
$ 10.00
12-16-2013 TEXT
OCIS has automatically assigned Judge Sellers, Jefferson D. to this case.
12-16-2013 ACCOUNT
Receipt # 2013-2744884 on 12/16/2013.
Payor:DURBIN LAW FIRM Total Amount Paid: $213.70.
Line Items:
CJ-2013-5695: $163.00 on AC01 Clerk Fees.
CJ-2013-5695: $6.00 on AC23 Law Library Fee.
CJ-2013-5695: $0.70 on AC31 Court Clerk Revolving Fund.
CJ-2013-5695: $5.00 on AC58 Oklahoma Court Appointed Special Advocates.
CJ-2013-5695: $2.00 on AC59 Oklahoma Council on Judicial Complaints Revolving Fund.
CJ-2013-5695: $2.00 on AC64 Dispute Mediation Fees.
CJ-2013-5695: $25.00 on AC79 OCIS Revolving Fund.
CJ-2013-5695: $10.00 on AC81 Lengthy Trial Fund.
12-17-2013 SMF
Summons Fee (Clerks Fee)-3
$ 15.00
12-17-2013 SMIMA
SUMMONS ISSUED - MAILED BY ATTORNEY
12-17-2013 ACCOUNT
Receipt # 2013-2745787 on 12/17/2013.
Payor:DURBIN LAW FIRM Total Amount Paid: $15.00.
Line Items:
CJ-2013-5695: $15.00 on AC01 Clerk Fees.
02-27-2014 MO
Motion TO WITHDRAW AS COUNSEL / A TO J / SPENCER C PITTMAN / CERTIFICATE OF SERVICE
Document Available (#1024317905)
HOLT, JOHN DEWEY
02-27-2014 CTFREE
SELLERS, JEFFERSON D.: Order entered allowing Spencer C. Pittman to withdraw as counsel for plaintiff.
03-13-2014 O
Order GRANTING MOTION TO WITHDRAW AS COUNSEL / SPENCER C PITTMAN,
Document Available (#1024416631)
07-07-2014 CTFREE
SELLERS, JEFFERSON D.: Notice of impending dismissal for failure to obtain service within 180 days entered. Notice to: Ronald Durbin
07-08-2014 NO
Notice OF IMPENDING DISMISSAL FOR FAILURE TO OBTAIN SERVICE WITHIN 180 DAYS / CERTIFICATE OF MAILING / TO : RONALD DURBIN
Document Available (#1026483041)
07-25-2014 MO
PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO OBTAIN SERVICE ON DEFENDANTS / A2J
Document Available (#1026634697)
HOLT, JOHN DEWEY
07-28-2014 CTFREE
SELLERS, JEFFERSON D.: Order entered granting plaintiff 60 days to obtain service.
07-31-2014 O
Order GRANTING PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO OBTAIN SERVICE ON DEFENDANTS /
Document Available (#1026636974)
10-02-2014 DISPDWOP
SELLERS, JEFFERSON D.: Order entered dismissing without prejudice for failure to obtain service. Notice to: Ronald durbin
1 HEDSTROM PLASTICS INC
10-02-2014 DISPDWOP
SELLERS, JEFFERSON D.: Order entered dismissing without prejudice for failure to obtain service. Notice to: Ronald durbin
1 KAMAGON FITNESS
10-02-2014 DISPDWOP
SELLERS, JEFFERSON D.: Order entered dismissing without prejudice for failure to obtain service. Notice to: Ronald durbin
1 REED, KAREN L
10-02-2014 DISPDWOP
SELLERS, JEFFERSON D.: Order entered dismissing without prejudice for failure to obtain service. Notice to: Ronald durbin
1 REED, MARK
10-02-2014 DISPDWOP
SELLERS, JEFFERSON D.: Order entered dismissing without prejudice for failure to obtain service. Notice to: Ronald durbin
2 HEDSTROM PLASTICS INC
10-02-2014 DISPDWOP
SELLERS, JEFFERSON D.: Order entered dismissing without prejudice for failure to obtain service. Notice to: Ronald durbin
2 KAMAGON FITNESS
10-02-2014 DISPDWOP
SELLERS, JEFFERSON D.: Order entered dismissing without prejudice for failure to obtain service. Notice to: Ronald durbin
2 REED, KAREN L
10-02-2014 DISPDWOP
SELLERS, JEFFERSON D.: Order entered dismissing without prejudice for failure to obtain service. Notice to: Ronald durbin
2 REED, MARK
10-02-2014 DISPDWOP
SELLERS, JEFFERSON D.: Order entered dismissing without prejudice for failure to obtain service. Notice to: Ronald durbin
3 HEDSTROM PLASTICS INC
10-02-2014 DISPDWOP
SELLERS, JEFFERSON D.: Order entered dismissing without prejudice for failure to obtain service. Notice to: Ronald durbin
3 KAMAGON FITNESS
10-02-2014 DISPDWOP
SELLERS, JEFFERSON D.: Order entered dismissing without prejudice for failure to obtain service. Notice to: Ronald durbin
3 REED, KAREN L
10-02-2014 DISPDWOP
SELLERS, JEFFERSON D.: Order entered dismissing without prejudice for failure to obtain service. Notice to: Ronald durbin
3 REED, MARK
10-02-2014 DISPDWOP
SELLERS, JEFFERSON D.: Order entered dismissing without prejudice for failure to obtain service. Notice to: Ronald durbin
4 HEDSTROM PLASTICS INC
10-02-2014 DISPDWOP
SELLERS, JEFFERSON D.: Order entered dismissing without prejudice for failure to obtain service. Notice to: Ronald durbin
4 KAMAGON FITNESS
10-02-2014 DISPDWOP
SELLERS, JEFFERSON D.: Order entered dismissing without prejudice for failure to obtain service. Notice to: Ronald durbin
4 REED, KAREN L
10-02-2014 DISPDWOP
SELLERS, JEFFERSON D.: Order entered dismissing without prejudice for failure to obtain service. Notice to: Ronald durbin
4 REED, MARK
10-02-2014 DISPDWOP
SELLERS, JEFFERSON D.: Order entered dismissing without prejudice for failure to obtain service. Notice to: Ronald durbin
5 HEDSTROM PLASTICS INC
10-02-2014 DISPDWOP
SELLERS, JEFFERSON D.: Order entered dismissing without prejudice for failure to obtain service. Notice to: Ronald durbin
5 KAMAGON FITNESS
10-02-2014 DISPDWOP
SELLERS, JEFFERSON D.: Order entered dismissing without prejudice for failure to obtain service. Notice to: Ronald durbin
5 REED, KAREN L
10-02-2014 DISPDWOP
SELLERS, JEFFERSON D.: Order entered dismissing without prejudice for failure to obtain service. Notice to: Ronald durbin
5 REED, MARK
10-02-2014 DISPDWOP
SELLERS, JEFFERSON D.: Order entered dismissing without prejudice for failure to obtain service. Notice to: Ronald durbin
6 HEDSTROM PLASTICS INC
10-02-2014 DISPDWOP
SELLERS, JEFFERSON D.: Order entered dismissing without prejudice for failure to obtain service. Notice to: Ronald durbin
6 KAMAGON FITNESS
10-02-2014 DISPDWOP
SELLERS, JEFFERSON D.: Order entered dismissing without prejudice for failure to obtain service. Notice to: Ronald durbin
6 REED, KAREN L
10-02-2014 DISPDWOP
SELLERS, JEFFERSON D.: Order entered dismissing without prejudice for failure to obtain service. Notice to: Ronald durbin
6 REED, MARK
10-02-2014 ODISM
Order Of Dismissal FOR FAILURE TO OBTAIN SERVICE WITHIN 180 DAYS
Document Available (#1027199597)
10-22-2014 MOVAC
PLAINTIFF'S MOTION TO VACATE DISMISSAL FOR FAILURE TO SERVE AND REQUEST FOR ADDITIONAL TIME TO OBTAIN SERVICE
Document Available (#1027500861)
$ 33.00
10-22-2014 OCISR
Oklahoma Court Information System Revolving Fund
$ 25.00
10-22-2014 CCADMIN02
Court Clerk Administrative Fee on $2 Collections
$ 0.20
10-22-2014 OCJC
Oklahoma Council on Judicial Complaints Revolving Fund
$ 2.00
10-22-2014 OCASA
Oklahoma Court Appointed Special Advocates
$ 5.00
10-22-2014 CCADMIN04
Court Clerk Administrative Fee on Collections
$ 0.50
10-22-2014 ACCOUNT
Receipt # 2014-2956702 on 10/22/2014.
Payor:DURBIN LAW FIRM Total Amount Paid: $65.70.
Line Items:
CJ-2013-5695: $33.00 on AC01 Clerk Fees.
CJ-2013-5695: $0.70 on AC31 Court Clerk Revolving Fund.
CJ-2013-5695: $5.00 on AC58 Oklahoma Court Appointed Special Advocates.
CJ-2013-5695: $2.00 on AC59 Oklahoma Council on Judicial Complaints Revolving Fund.
CJ-2013-5695: $25.00 on AC79 OCIS Revolving Fund.
10-23-2014 CTFREE
SELLERS, JEFFERSON D.: Order entered vacating dismissal and granting plaintiff until 12-23-14 to obtain service.
10-24-2014 O
ORDER GRANTING PLAINTIFF'S MOTION TO VACATE DISMISSAL FOR FAILURE TO SERVE AND REQUEST FOR ADDITIONAL TIME TO OBTAIN SERVICE
Document Available (#1027500951)
12-18-2014 S
Party has been successfully served./ FOR KAMAGON FITNESS INC/ CORP SRV, SRVD MARK REED / 12-12-14/ BY PS
Document Available (#1028053921)
KAMAGON FITNESS
12-18-2014 S
Party has been successfully served./ FOR KAREN REED, RES SRV, SRVD ED REED, ON 12-12-14, BY PS
Document Available (#1028053917)
REED, KAREN L
12-18-2014 S
Party has been successfully served. FOR MARK REED, PERS SRV, ON 12-12-14, BY PS
Document Available (#1028053967)
REED, MARK
01-02-2015 A
ANSWER of defendants kamagon fitniess llc karen l reed and mark reed / c to j /certificate of mailing
Document Available (#1028053251)
KAMAGON FITNESS
01-02-2015 MOD
DEFENDANTS KAMAGON FITNESS, KAREN L REED AND MARK REED'S MOTION FOR DISMISSAL OR ATERNATIVIELY MOTION TO COMPEL ARITRATION OF CLAIMS AND BRIEF IN SUPPORT / C TO J / CERTIFICATE OF MAILING
Document Available (#1028053255)
KAMAGON FITNESS
01-30-2015 MO
PLAINTIFF'S UNOPPOSED MOTION FOR ADDITIONAL TIME TO RESPOND TO DEFENDANT'S MOTION FOR DISMISSAL OR ALTERNATIVELY MOTION TO COMPEL ARBITRATION OF CLAIMS (A/J)
Document Available (#1028543501)
HOLT, JOHN DEWEY
02-02-2015 CTFREE
SELLERS, JEFFERSON D.: Order entered granting plaintiff 7 days to respond to defendant's motion to dismiss.
02-06-2015 RESP
PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION FOR DISMISSAL OR ALTERNATIVELY MOTION TO COMPEL ARBITRATION OF CLAIMS OR ALTERNATIVELY PLAINTIFF'S MOTION TO SET EVIDENTIARY HEARING ON THE MATTER / C TO J / CERTIFICATE OF MAILING
Document Available (#1028672480)
HOLT, JOHN DEWEY
02-09-2015 AFD
AFFIDAVIT OF MAILING
Document Available (#1028673112)
HOLT, JOHN DEWEY
02-11-2015 CTFREE
SELLERS, JEFFERSON D.: Defendants Kamagon, Karen Reed and Mark Reed's motion for dismissal or motion to compel arbitration is set for hearing on 3-24-15 at 11:00 am. Notice to: John Carwile, Ronald Durbin, Spencer Pittman
02-11-2015 NOH
NOTICE OF HEARING / SEE ABOVE ENTRY / AFFIDAVIT OF MAILING
Document Available (#1028669294)
02-27-2015 O
Order GRANTING UNOPPOSED MOTION FOR ADDITIONAL TIME TO RESPOND TO DEFENDANT'S MOTION FOR DISMMISAL OR ALTERNATIVELY MOTION TO COMPEL ARBITRATION OF CLAIMS / CERTIFICATE OF SERVICE
Document Available (#1028750440)
03-02-2015 MO
DEFENDANTS' UNOPPOSED MOTION FOR CONTINUANCE OF HEARING / CERTIFICATE OF MAILING
Document Available (#1028748841)
KAMAGON FITNESS
03-03-2015 CTFREE
SELLERS, JEFFERSON D.: Order entered setting defendants' motion to dismiss is reset on 3-30-15 at 2:30 pm.
03-24-2015 OSH
ORDER SETTING HEARING/ SEE ABOVE ENTRY
Document Available (#1029068326)
03-30-2015 CTFREE
SELLERS, JEFFERSON D.: Per phone call with Whitney from Ron durbin's office and by agreement defendant's motion to dismiss is reset for hearing on 4-27-15 at 1:30 pm.
04-27-2015 DISPCVDM
SELLERS, JEFFERson d.: Per phone call with Ron Durbin motion to dismiss hearing is stricken as settled.
1 HEDSTROM PLASTICS INC
04-27-2015 DWOP
DISMISSAL WITHOUT PREJUDICE BY PLF
Document Available (#1029445255)
KAMAGON FITNESS
Outcome:
See above
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of John Dewey Holt v. Kamagon Fitness, Karen L. Reed, Mark R...?
The outcome was: See above
Which court heard John Dewey Holt v. Kamagon Fitness, Karen L. Reed, Mark R...?
This case was heard in District Court, Tulsa County, Oklahoma, OK. The presiding judge was Jefferson D. Sellers.
Who were the attorneys in John Dewey Holt v. Kamagon Fitness, Karen L. Reed, Mark R...?
Plaintiff's attorney: Skip Durbin. Defendant's attorney: John Carwile.
When was John Dewey Holt v. Kamagon Fitness, Karen L. Reed, Mark R... decided?
This case was decided on April 27, 2015.