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In the District Court in and for tulsa County, Oklahoma
| ROBERT J MILLER JR, Plaintiff, v. RYAN WALTERS, Defendant. |
No. CJ-2024-3052 (Civil relief more than $10,000: LIBEL / SLANDER) Filed: 08/15/2024 Judge: Civil Docket E |
Parties
MILLER, ROBERT J JR,
Plaintiff
WALTERS, RYAN,
Defendant
Attorneys
| Attorney | Represented Parties |
|---|---|
| BARKETT, MICHAEL LEE (Bar #16171) SMITH BARKETT LAW GROUP 2021 S LEWIS LAW GROUP TULSA, OK 74104 |
MILLER, ROBERT J JR |
| KUTMAS, CHAD J (Bar #19505) NORMAN WOHLGEMUTH LLP 401 S BOSTON AVE, #3200 TULSA, OK 74103 |
WALTERS, RYAN |
| MCCLELLAN, STEPHEN LEE (Bar #15695) COFFEY,GUDGEL & MCDANIEL-MCCLELLAN 4725 E 91ST., SUITE 100 TULSA, OK 74137 |
MILLER, ROBERT J JR |
| SMITH, RUSTY (Bar #19575) SMITH BARKETT LAW GROUP, PLLC 2021 S. LEWIS AVE SUITE 630 TULSA, OK 74104 |
MILLER, ROBERT J JR |
| WOHLGEMUTH, JOEL L (Bar #9811) NORMAN WOHLGEMUTH, LLP 401 S. BOSTON AVE SUITE 3200 TULSA, OK 74103 |
WALTERS, RYAN |
Events
| Event | Party | Docket | Reporter |
|---|---|---|---|
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Tuesday, November 26, 2024 at 3:00 PM HEARING ON DF MOD WITH PREJUDICE, MICHAEL BARKETT, STEPHEN MCCLELLAN, RUSTY SMITH -PF, CHAD KUTMAS, HANNA ROBERTS, JOEL WOHLGEMUTH -DF |
Civil Docket E |
Issues
For cases filed before 1/1/2000, ancillary issues may not appear except in the docket.
| Issue # 1. |
Issue: LIBEL / SLANDER
(LIBEL)
Filed By: MILLER, ROBERT J JR Filed Date: 08/15/2024 |
| Party Name | Disposition Information | |
|---|---|---|
| Defendant:
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| Issue # 2. |
Issue: FALSE LIGHT
(OTHER)
Filed By: MILLER, ROBERT J JR Filed Date: 08/15/2024 |
| Party Name | Disposition Information | |
|---|---|---|
| Defendant:
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Docket
| Date | Code | Description | Count | Party | Amount |
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CIVIL RELIEF MORE THAN $10,000 INITIAL FILING. |
1 | ||
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LIBEL / SLANDER |
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DISPUTE MEDIATION FEE |
$ 7.00 | ||
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$ 163.00 | |||
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LAW LIBRARY FEE |
$ 6.00 | ||
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OKLAHOMA COURT INFORMATION SYSTEM REVOLVING FUND |
$ 25.00 | ||
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OKLAHOMA COUNCIL ON JUDICIAL COMPLAINTS REVOLVING FUND |
$ 1.55 | ||
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OKLAHOMA COURT APPOINTED SPECIAL ADVOCATES |
$ 5.00 | ||
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SHERIFF'S SERVICE FEE FOR COURTHOUSE SECURITY PER BOARD OF COUNTY COMMISSIONER |
$ 10.00 | ||
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COURT CLERK ADMINISTRATIVE FEE ON COURTHOUSE SECURITY PER BOARD OF COUNTY COMMISSIONER |
$ 1.00 | ||
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COURT CLERK ADMINISTRATIVE FEE ON $1.55 COLLECTION |
$ 0.16 | ||
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STATE JUDICIAL REVOLVING FUND - INTERPRETER AND TRANSLATOR SERVICES |
$ 0.45 | ||
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DISTRICT COURT ADMINISTRATIVE FEE ON $1.55 COLLECTIONS |
$ 0.23 | ||
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DISTRICT COURT ADMINISTRATIVE FEE ON $5 COLLECTIONS |
$ 0.75 | ||
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DISTRICT COURT ADMINISTRATIVE FEE ON COURTHOUSE SECURITY PER BOARD OF COUNTY COMMISSIONER |
$ 1.50 | ||
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COURT CLERK'S RECORDS MANAGEMENT AND PRESERVATION FEE |
$ 10.00 | ||
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COURT CLERK ADMINISTRATIVE FEE ON COLLECTIONS |
$ 0.50 | ||
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LENGTHY TRIAL FUND |
$ 10.00 | ||
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SUMMONS FEE (CLERKS FEE) |
$ 10.00 | ||
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SUMMONS ISSUED - PRIVATE PROCESS SERVER |
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OCIS HAS AUTOMATICALLY ASSIGNED JUDGE CIVIL DOCKET D TO THIS CASE. |
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RECEIPT # 2024-4664988 ON 08/15/2024. |
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PRIDDY, TRACY L: TRANSFER ORDER ENTERED. |
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WALTERS, RYAN | |||
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WALTERS, RYAN | |||
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WALTERS, RYAN | |||
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LAFORTUNE, WILLIAM: ORDER ENTERED COURT GRANTS DEFENDANT TO AND INCLUDING OCTOBER 2, 2024 TO RESPOND TO PLAINTIFF'S PETITION WHICH FILING MAY ASSERT ANY AVAILABLE DEFENSE UNDER 12 OKLA. STAT. § 2012 (( CLERK PLACED ORDER INTO JUDGES OUTBOX TO BE FILED )) |
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LAFORTUNE, WILLIAM: TRANSFER ORDER ENTERED; JUDGE RECUSES RULE 2.11 (A). TRANSFER ORDER SENT TO PRESIDING JUDGE FOR REASSIGNMENT. A COPY WAS MAILED TO NORMAN WOHLGEMUTH LLP, AND SMITH BARKETT LAW GROUP PLLC |
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DRUMMOND, DOUG; TRANSFER ORDER, ENTERED. |
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CANTRELL, DAMAN; NOTICE AND ORDER SETTING HEARING ON DEFENDANTS MOTION TO DISMISS WITH PREJUDICE ENTERED, HEARING IS SET 11/26/24 AT 3 P.M. IN COURT ROOM 631. COUNSEL SHOULD BE AWARE THAT THIS COURT HAS BEEN INFORMED THAT DUE TO THE COURT REPORTER SHORTAGE IN TULSA COUNTY THAT CIVIL CASES WILL BE LOWER IN PRIORITY FOR AVAILABILITY. THE COURT WILL MAKE EVERY EFFORT TO OBTAIN A REPORTER, PLEASE NOTIFY THE COURT'S BAILIFF ALYSON.BUSHEY@OSCN.NET |
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MILLER, ROBERT J JR | |||
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COURT REPORTER FEE-TRIAL ON MERITS |
$ 20.00 | ||
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RECEIPT # 2024-4701340 ON 11/21/2024. |
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CANTRELL, DAMON; CASE COMES ON FOR HEARING ON DEFENDANTS MOTION TO DISMISS; TINA HALE COURT REPORTER; MICHAEL BARKETT, RUSTY SMITH APPEARS WITH PLAINTIFF ROBERT MILLER; CHAD KUTMAS, HANNA ROBERTS, JOEL WOHLGEMUTH APPEARS FOR THE DEFENDANT. COURT HEARD ARGUMENT; MOTION TO DISMISS TAKEN UNDER ADVISEMENT, COURT TO RULE WITHIN 30 DAYS AS PER OCPA DEADLINES. |
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CANTRELL, DAMAN: THIS MATTER COMES ON AFTER ARGUMENT UPON THE DEFENDANT'S MOTION TO DISMISS UNDER THE OKLAHOMA CITIZEN PARTICIPATION ACT. (OCPA). AFTER REVIEW OF THE STATUTE AND CASELAW AND MATERIALS OFFERED BY COUNSEL, THE COURT RESPECTFULLY DENIES THE MOTION. BOTH SIDES AGREE THAT THE DEFENDANT IS A PUBLIC FIGURE AND THAT THE OCPA APPLIES. THE OCPA IS A VERY SPECIFIC PROCESS TO DETERMINE WHETHER PLAINTIFF HAS MADE A "PRIMA FACIE CASE" FOR EACH ESSENTIAL ELEMENT OF THE CLAIMS. THE COURT FINDS THAT PLAINTIFF HAS IDENTIFIED ENOUGH IN THE JULY 31 PRESS CONFERENCE TO MAKE PRIMA FACIE CLAIM AS REQUIRED UNDER THE OCPA ON HIS CAUSES OF ACTION, ESPECIALLY THE COMMENTS REGARDING "ALL KINDS OF FINANCIAL PROBLEMS IN HIS DISTRICT." AS PLAINTIFF POINTS OUT IN HIS PAPERS, THIS IS PARTICULARLY PERTINENT TO THE CLAIM OF SLANDER REGARDING INJURY TO OFFICE, PROFESSION OR BUSINESS UNDER 12 SEC 1442 (3). IN ADDITION, THE OTHER COMMENTS IN THE PRESS CONFERENCE SUPPORT A PRIMA FACIE CASE OF "MALICE" REQUIRED UNDER DEFAMATION LAW WITH A PUBLIC FIGURE. DEFENDANT ATTEMPTS TO SUPPORT THE MOTION WITH AN AFFIDAVIT SUBMITTED AT THE HEARING BY DEFENDANT WHICH ATTEMPTS TO REFUTE THE STATEMENT ABOUT "FINANCIAL PROBLEMS IN HIS DISTRICT", BUT THE COURT, USING THE "PREPONDERANCE OF THE EVIDENCE" STANDARD AS REQUIRED UNDER SEC. 1434 (D), FINDS THERE IS ENOUGH MATERIAL SUBMITTED BY PLAINTIFF TO PROCEED TO FURTHER DISCOVERY ON THIS POINT INCLUDING AUDITS OF THE DISTRICT AND OTHER INFORMATION. THE COURT DOES NOT HAVE SUFFICIENT EVIDENCE TO SUPPORT A FINDING OF "PREPONDERANCE OF THE EVIDENCE" FOR A DEFENSE UNDER THE STATUTE AT THIS POINT IN THE CASE. SEE KRIMBELL V TALARCIO, 417 P.3RD 1240 (OK CIV APP 2018) (DESCRIBING OCPA PROCESS, SPECIFYING THAT DISPUTED FACTS PRESENT UNDER THE OCPA UNDER SEC 1434 (D) JUSTIFIED DENIAL OF THE MOTION TO DISMISS BASED UPON THE "LIMITED INFORMATION" PRESENTED AT THE PLEADING STAGE). THIS COURT DID GRANT A MOTION TO DISMISS AS CITED BY DEFENDANT AND WAS AFFIRMED BY THE COURT OF APPEALS IN ROBERTS V. BUSH, BUT IN THAT CASE DEFENDANT BUSH HAD CITED TO A COURT RULING AND TRANSCRIPTS SHOWING THAT HER ALLEGATIONS WERE ESSENTIALLY TRUE, CERTAINLY BY A PREPONDERANCE OF THE EVIDENCE UNDER 1434 (D). SEE, 537 P.3D 147 (OK CIV APP 2023). IT SHOULD BE POINTED OUT THAT DEFENDANT'S ISSUES MAY BE RE-RAISED AFTER FURTHER DISCOVERY UNDER NORMAL PROCEDURE. FINALLY, THE COURT AGREES WITH PLAINTIFF'S POSITION ON THE GTCA SINCE AT THE CURRENT PLEADING STAGE OF THE PROCEEDINGS, MALICE HAS BEEN PLED AND ANY ACTIONS WOULD BE OUTSIDE THE SCOPE OF THE GTCA. THESE ISSUES MAY ALSO BE RE-RAISED AFTER ADDITIONAL DISCOVERY UNDER NORMAL PROCESS. THIS COURT'S RULING APPLIES ONLY TO THE SPECIFIC ISSUES UNDER THE OCPA RAISED BY THE MOTION TO DISMISS. THE COURT APPRECIATES AS ALWAYS THE SUPERB ARGUMENTATION BY COUNSEL AND FOR INCLUDING THE LAW STUDENTS OF THE UNIVERSITY OF TULSA COLLEGE OF LAW JUDICIAL EXTERNSHIP CLASS. |
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CANTRELL, DAMAN; ORDER DEFENDANT'S MOTION TO DISMISS WITH PREJUDICE. ENTERED. |
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CLERK'S NOTE: COPY OF ORDER DEFENDANTS MOTION TO DISMISS WITH PREJUDICE HAND DELIVERED TO OWEN PAZZO FOR JOEL WOHLGEMUTH. |
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DESIGNATION OF RECORD FOR APPEAL FROM DISTRICT COURT (C2DF) Document Unavailable (#1059680782) |
$ 200.00 | ||
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ADJUSTING ENTRY: MONIES DUE TO AC09-CARD ALLOCATION |
$ 5.00 | ||
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ADJUSTING ENTRY: MONIES DUE TO THE FOLLOWING AGENCIES REDUCED BY THE FOLLOWING AMOUNTS: |
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RECEIPT # 2025-4723874 ON 01/27/2025. |
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CLERKS NOTE: PER AGREEMENT WITH ALL PARTIES AND JUDGE, THERE IS A SUBSTITUTION OF PLAINTIFF'S EXHIBIT 6 IN THE TRANSCRIPT. |
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COPIES CHARGED |
$ 6.50 | ||
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RECEIPT # 2025-4733749 ON 02/25/2025. |
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CANTRELL, DAMAN; ORDER. ENTERED. |
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CLERKS NOTE: ORDER ENTERED ON 4/01/2025 WAS ENTERED ON THIS CASE IN ERROR |
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CANTRELL ,DAMAN; ORDER GRANTING WITHDRAWAL. ENTERED. |
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