Case: Feenstra v. Sigler

4:19-cv-00234 | U.S. District Court for the Northern District of Oklahoma

Filed Date: March 21, 2019

Closed Date: Oct. 10, 2023

Clearinghouse coding complete

Case Summary

This case alleged that Oklahoma state courts unconstitutionally imposed fines at sentencing without considering an individual's ability to pay the fines assessed. The plaintiffs in this case further alleged that the courts violated their due process and equal protection rights, as well as their right to counsel, based on the "cost docket" procedures and the possible penalty of incarceration for failure to pay outstanding fines. The plaintiffs were three indigent individuals who were fined by th…

This case alleged that Oklahoma state courts unconstitutionally imposed fines at sentencing without considering an individual's ability to pay the fines assessed. The plaintiffs in this case further alleged that the courts violated their due process and equal protection rights, as well as their right to counsel, based on the "cost docket" procedures and the possible penalty of incarceration for failure to pay outstanding fines.

The plaintiffs were three indigent individuals who were fined by the court system without the defendant judges first examining their ability to pay, as required by Oklahoma law. Despite their indigency, the Oklahoma Indigent Defense System had denied counsel to the plaintiffs for matters relating to the imposition of fines, fees, and court costs. The case was originally brought in state court in Oklahoma. In May 2019, the defendants removed the case to federal court; the plaintiffs did not contest that the federal court had subject-matter jurisdiction. On November 13, 2019, the case was assigned to Judge Gregory Frizzell.

The case was based on the alleged failures of the Oklahoma court system to follow both the Oklahoma Constitution and United States Constitution. All three plaintiffs were assessed fines at their original sentencing without consideration of their ability to pay. The plaintiffs were not advised to request the ability to pay inquiry by counsel from the Oklahoma Indigent Defense System. The defendant judges continued to assess the fines in excess of the indigent plaintiffs' ability to pay. The plaintiffs were asked to fill out "Rule 8 Form" to set up their payment plans after sentencing, but the form did not provide for inquiry into financial status as required by the Oklahoma criminal procedure law's Rule 8. The plaintiffs had to attend cost docket hearings to have their payment plans set. Allegedly, all of the plaintiffs advised the presiding judges at the cost docket hearings that they were unable to pay, but the fines were still kept in place.

The plaintiffs alleged that the defendant judges had a history of incarcerating indigent individuals who were unable to pay their fines, instead of inquiring into their financial status, as required by Oklahoma law. Rule 8 specifically provided that failure to make a payment should be met with an opportunity to be heard as to the reason for the failure to pay. Moreover, if the failure to pay was due to physical disability or poverty, the fines were to be relieved until there was a change in financial status that made it possible to pay.

In November 2019, two of the defendant judges were dismissed as defendants because claims relating to their actions at sentencing were time barred by the two-year statute of limitations. In a separate opinion, the court held that the plaintiffs' request for injunctive relief based on their federal claims against the state court judges was barred by 42 U.S.C. § 1983.

In January 2020, the plaintiffs filed an amended complaint to address claims based on the continued actions by the Oklahoma courts within the statute of limitations term, and additional judges who assessed fines and fees were added as defendants. On February 19, 2020, the court ordered a settlement conference for later that year.

During the interim, the case was reassigned to Judge John Heil, III. On July 23, 2020, all claims for one of the three plaintiffs were dismissed. On March 10, 2021, the parties confirmed that the settlement conference resulted in no settlement.

On August 19, 2022, the plaintiffs filed a joint notice of settlement with the Oklahoma Indigent Defense System. The settlement provided that the parties would take certain actions within one year of its execution. The exact terms of the settlement were not disclosed in public court filings. On July 21, 2023, the plaintiffs and the Oklahoma Indigent Defense System filed a joint stipulation of dismissal with prejudice, stating that all matters in controversy between them had been resolved.

After the initial settlement, the case was reassigned to Visiting Judge Jane A. Restani, Judge for the United States Court of International Trade. At Judge Restani's request, the remaining parties filed a status report in May 2023. The parties noted that both the plaintiffs and the judicial defendants had pending motions for summary judgment.

On September 7, 2023, Judge Restani granted the defendants' motion for summary judgment as to the remaining federal claims, holding that the claims should be dismissed as moot. See 2023 WL 5806148. Neither of the remaining plaintiffs had outstanding debt before the state courts, and there was "no reason to believe that [the plaintiffs] will appear before the defendants in the future." Moreover, the Oklahoma legislature passed a statute that outlawed the imposition of jail sentences for failure to pay fines, fees, or costs without a hearing in which the defendant was represented by counsel. The court opined that "the state has taken apparently successful steps to prevent future constitutional violations." While the court entered judgment for the defendants and terminated the case, the court did acknowledge that "[t]he evidence before the court at this stage indicates that [the plaintiffs] were likely punished for poverty."

Because the court disposed of the plaintiffs' federal claims, the only remaining claims were based on state law. The court exercise its discretion to decline supplemental jurisdiction over the state law claims. The state law claims were remanded back to the state court. On October 10, 2023, the parties filed a joint stipulation of dismissal with prejudice in state court.

The case is closed.

Summary Authors

Andrew Del Vecchio (2/1/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/15079541/parties/feenstra-v-sigler/


show all people

Documents in the Clearinghouse

Document

CV-2019-12

Petition

Oklahoma state trial court

March 21, 2019

March 21, 2019

Complaint
47

4:19-cv-00234

Opinion and Order

Nov. 13, 2019

Nov. 13, 2019

Order/Opinion

2019 WL 6040401

48

4:19-cv-00234

Opinion and Order

Nov. 14, 2019

Nov. 14, 2019

Order/Opinion

2019 WL 6064854

4:19-cv-00234

Order

Jan. 23, 2020

Jan. 23, 2020

Order/Opinion

2020 WL 7034347

66

4:19-cv-00234

Amended Complaint

Jan. 31, 2020

Jan. 31, 2020

Complaint
138

4:19-cv-00234

Joint Notice of Settlement Between Plaintiffs and OID Defendants

Aug. 19, 2022

Aug. 19, 2022

Other
152

4:19-cv-00234

Opinion and Order

Sept. 7, 2023

Sept. 7, 2023

Order/Opinion

2023 WL 5806148

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/15079541/feenstra-v-sigler/

Last updated Dec. 16, 2024, 5:01 p.m.

ECF Number Description Date Link Date / Link

State Court Petition/Complaint

March 21, 2019

March 21, 2019

PACER
1

Civil Cover Sheet

May 3, 2019

May 3, 2019

PACER
2

Appearance - Attorney

May 3, 2019

May 3, 2019

PACER
3

Amended Notice of Removal

1 Exhibit 1 - County Court Petition

View on RECAP

2 Exhibit 2 - Docket Sheet

View on PACER

3 Exhibit 3 - Summons

View on PACER

4 Exhibit 4 - Motion to Associate Counsel

View on PACER

5 Exhibit 5 - Motion to Associate Counsel

View on PACER

6 Exhibit 6 - Order Admitting to Practice

View on PACER

7 Exhibit 7 - Order Admitting to Practice

View on PACER

8 Exhibit 8 - Order Admitting to Practice

View on PACER

9 Exhibit 9 - Recusal And Request For Reassignment

View on PACER

10 Exhibit 10 - Summons

View on PACER

11 Exhibit 11 - Notice of Service

View on PACER

12 Exhibit 12 - Motion to Associate Counsel

View on PACER

13 Exhibit 13 - Motion to Associate Counsel

View on PACER

May 3, 2019

May 3, 2019

PACER
4

Appearance - Attorney

May 3, 2019

May 3, 2019

PACER
5

Minute Order

May 6, 2019

May 6, 2019

PACER
6

Minute Order

May 6, 2019

May 6, 2019

PACER
7

Filing Fee Paid in Full

May 8, 2019

May 8, 2019

PACER
8

STATUS REPORT on Removed Action by Oklahoma Indigent Defense System, Oklahoma Indigent Defense System Board of Directors, State of Oklahoma, Craig Sutter (Williford, Jon) (Entered: 05/09/2019)

May 9, 2019

May 9, 2019

PACER
9

CORPORATE DISCLOSURE STATEMENT (identifying: Corporate Parent Oklahoma Indigent Defense System for Oklahoma Indigent Defense System Board of Directors) by Oklahoma Indigent Defense System, Oklahoma Indigent Defense System Board of Directors (Williford, Jon) (Entered: 05/09/2019)

May 9, 2019

May 9, 2019

PACER
10

MOTION to Dismiss And Brief in Support by Curtis DeLapp, John Gerkin, Jared Sigler (With attachments) (Lawson, Stefanie) (Entered: 05/09/2019)

May 9, 2019

May 9, 2019

PACER
11

MOTION to Dismiss by Oklahoma Indigent Defense System, Oklahoma Indigent Defense System Board of Directors, State of Oklahoma, Craig Sutter (Williford, Jon) (Entered: 05/10/2019)

May 10, 2019

May 10, 2019

RECAP
12

MINUTE ORDER by Judge Gregory K Frizzell Pursuant to Fed.R.Civ.P. 16(b)(2), the Court finds good cause for delay in issuing a scheduling order in this case. Defendants' have filed Motions to Dismiss which should first be resolved. (Re: 10 MOTION to Dismiss And Brief in Support, 11 MOTION to Dismiss ) (This entry is the Official Order of the Court. No document is attached.) (kjp, Dpty Clk) (Entered: 05/14/2019)

May 14, 2019

May 14, 2019

PACER
13

ATTORNEY APPEARANCE by Steven James Terrill on behalf of All Plaintiffs [Note: Attorney Steven James Terrill added to party Sharonica Carter(pty:pla), Attorney Steven James Terrill added to party Amanda Feenstra(pty:pla), Attorney Steven James Terrill added to party Lonnie Feenstra(pty:pla).] (Terrill, Steven) (Entered: 05/15/2019)

May 15, 2019

May 15, 2019

PACER
14

MOTION for Attorney(s) Michael Lacovara to be Admitted Pro Hac Vice (paid $50 PHV fee; receipt number 1085-2054485) by Sharonica Carter, Amanda Feenstra, Lonnie Feenstra (With attachments) (Bryan, John) (Entered: 05/16/2019)

May 16, 2019

May 16, 2019

PACER
15

MOTION for Attorney(s) Lilia Vazova to be Admitted Pro Hac Vice (paid $50 PHV fee; receipt number 1085-2054488) by Sharonica Carter, Amanda Feenstra, Lonnie Feenstra (With attachments) (Bryan, John) (Entered: 05/16/2019)

May 16, 2019

May 16, 2019

PACER
16

MOTION for Attorney(s) Leah Watson to be Admitted Pro Hac Vice (paid $50 PHV fee; receipt number 1085-2054490) by Sharonica Carter, Amanda Feenstra, Lonnie Feenstra (With attachments) (Bryan, John) (Entered: 05/16/2019)

May 16, 2019

May 16, 2019

PACER
17

MOTION for Attorney(s) Myesha Braden to be Admitted Pro Hac Vice (paid $50 PHV fee; receipt number 1085-2054491) by Sharonica Carter, Amanda Feenstra, Lonnie Feenstra (With attachments) (Bryan, John) (Entered: 05/16/2019)

May 16, 2019

May 16, 2019

PACER
18

MINUTE ORDER by Judge Gregory K Frizzell granting admission pro hac vice for attorneys Michael Lacovara, Lilia Vazova, Leah Watson, and Myesha Braden ; granting 14 Motion for Admission Pro Hac Vice; granting 15 Motion for Admission Pro Hac Vice; granting 16 Motion for Admission Pro Hac Vice; granting 17 Motion for Admission Pro Hac Vice (This entry is the Official Order of the Court. No document is attached.) (kjp, Dpty Clk) (Entered: 05/16/2019)

May 16, 2019

May 16, 2019

PACER
19

Unopposed MOTION for Extension of Time to Respond to Motion to Dismiss (Re: 10 MOTION to Dismiss And Brief in Support, 11 MOTION to Dismiss ) by Sharonica Carter, Amanda Feenstra, Lonnie Feenstra (Bryan, John) (Entered: 05/17/2019)

May 17, 2019

May 17, 2019

PACER
20

ORDER by Judge Gregory K Frizzell ; setting/resetting deadline(s)/hearing(s): ( Responses due by 6/7/2019, Replies due by 6/21/2019); granting 19 Motion for Extension of Time to Respond to Motion (Re: 11 MOTION to Dismiss, 10 MOTION to Dismiss And Brief in Support ) (kjp, Dpty Clk) (Entered: 05/17/2019)

May 17, 2019

May 17, 2019

PACER
21

ORDER by Judge Gregory K Frizzell (Amended Order), setting/resetting deadline(s)/hearing(s): ( Responses due by 6/21/2019, Replies due by 7/5/2019) (Re: 11 MOTION to Dismiss, 10 MOTION to Dismiss And Brief in Support, 20 Order,, Setting/Resetting Deadline(s)/Hearing(s),, Ruling on Motion for Extension of Time to Respond to Motion, ) (kjp, Dpty Clk) (Entered: 05/23/2019)

May 23, 2019

May 23, 2019

PACER
22

Unopposed MOTION for Leave to Exceed Page Limitation for combined response brief by five (5) pages. by Sharonica Carter, Amanda Feenstra, Lonnie Feenstra (Terrill, Steven) (Entered: 06/17/2019)

June 17, 2019

June 17, 2019

PACER
23

ORDER by Judge Gregory K Frizzell ; granting 22 Motion for Leave to Exceed Page Limitation (kjp, Dpty Clk) (Entered: 06/17/2019)

June 17, 2019

June 17, 2019

PACER
24

Joint RESPONSE in Opposition to Motion to Dismiss filed by Defendants (Re: 10 MOTION to Dismiss And Brief in Support, 11 MOTION to Dismiss ) by Sharonica Carter, Amanda Feenstra, Lonnie Feenstra ; (Bryan, John) (Entered: 06/20/2019)

June 20, 2019

June 20, 2019

PACER
25

MOTION for Extension of Time to Reply to Motion Response (Re: 11 MOTION to Dismiss ) by Oklahoma Indigent Defense System, Oklahoma Indigent Defense System Board of Directors, State of Oklahoma, Craig Sutter (Williford, Jon) (Entered: 07/03/2019)

July 3, 2019

July 3, 2019

PACER
26

Unopposed MOTION for Extension of Time to Reply to Motion Response (Re: 10 MOTION to Dismiss And Brief in Support ) by Curtis DeLapp, John Gerkin, Jared Sigler (Lawson, Stefanie) (Entered: 07/03/2019)

July 3, 2019

July 3, 2019

PACER
27

ORDER by Judge Gregory K Frizzell ; setting/resetting deadline(s)/hearing(s): ( Replies due by 7/19/2019); granting 25 Motion for Extension of Time to Reply to Motion Response (Re: 11 MOTION to Dismiss ) (pll, Dpty Clk) (Entered: 07/03/2019)

July 3, 2019

July 3, 2019

PACER
28

ORDER by Judge Gregory K Frizzell ; setting/resetting deadline(s)/hearing(s): ( Replies due by 7/19/2019); granting 26 Motion for Extension of Time to Reply to Motion Response (Re: 10 MOTION to Dismiss And Brief in Support ) (pll, Dpty Clk) (Entered: 07/03/2019)

July 3, 2019

July 3, 2019

PACER
29

REPLY to Response to Motion (Re: 10 MOTION to Dismiss And Brief in Support ) by Curtis DeLapp, John Gerkin, Jared Sigler ; (Lawson, Stefanie) (Entered: 07/19/2019)

July 19, 2019

July 19, 2019

PACER
30

REPLY to Response to Motion (Re: 11 MOTION to Dismiss ) by Oklahoma Indigent Defense System, Oklahoma Indigent Defense System Board of Directors, Craig Sutter ; (With attachments) (Williford, Jon) (Entered: 07/19/2019)

July 19, 2019

July 19, 2019

PACER
31

Opposed MOTION for Hearing Oral Argument Requested (Re: 10 MOTION to Dismiss And Brief in Support, 11 MOTION to Dismiss ) by Sharonica Carter, Amanda Feenstra, Lonnie Feenstra (Bryan, John) (Entered: 07/26/2019)

July 26, 2019

July 26, 2019

PACER
32

NOTICE of motion to strike or alternatively, motion to file surreply (Re: 30 Reply to Response to Motion, 29 Reply to Response to Motion ) by Sharonica Carter, Amanda Feenstra, Lonnie Feenstra (Bryan, John) (Entered: 07/26/2019)

July 26, 2019

July 26, 2019

PACER
33

MINUTE ORDER by Judge Gregory K Frizzell ; setting/resetting deadline(s)/hearing(s): ( Motion Hearing set for 10/10/2019 at 09:30 AM before Judge Gregory K Frizzell); granting 31 Motion for Hearing (Re: 11 MOTION to Dismiss, 10 MOTION to Dismiss And Brief in Support ) (This entry is the Official Order of the Court. No document is attached.) (kjp, Dpty Clk) (Entered: 07/29/2019)

July 29, 2019

July 29, 2019

PACER
34

Opposed MOTION to Strike Document(s) (Re: 30 Reply to Response to Motion, 29 Reply to Response to Motion ) by Sharonica Carter, Amanda Feenstra, Lonnie Feenstra (With attachments) (Bryan, John) Modified on 7/30/2019; this is a two-part motion of which only one part was efiled - see 35 for alternatively pled Motion for Leave to File Document(s) (sac-qc, Dpty Clk). (Entered: 07/30/2019)

July 30, 2019

July 30, 2019

PACER
35

MOTION for Leave to File consolidated surreply (submitted as part of 34, alternatively) by Sharonica Carter, Amanda Feenstra, Lonnie Feenstra (sac-qc, Dpty Clk) (Entered: 07/30/2019)

July 30, 2019

July 30, 2019

PACER

NOTICE of Docket Entry Modification; Error: this is a two-part motion of which only one part was efiled; Correction: efiled Motion for Leave to File Document(s) - see 35 (Re: 34 Opposed MOTION to Strike Document(s) or alternatively, request for leave to file combined surreply ) (sac-qc, Dpty Clk)

July 30, 2019

July 30, 2019

PACER
36

RESPONSE in Opposition to Motion (Re: 34 Opposed MOTION to Strike Document(s) or alternatively, request for leave to file combined surreply ) by Curtis DeLapp, John Gerkin, Jared Sigler ; (Lawson, Stefanie) (Entered: 08/12/2019)

Aug. 12, 2019

Aug. 12, 2019

PACER
37

REPLY to Response to Motion (Re: 11 MOTION to Dismiss ) by Oklahoma Indigent Defense System, Oklahoma Indigent Defense System Board of Directors, State of Oklahoma, Craig Sutter ; (With attachments) (Williford, Jon) (Entered: 08/13/2019)

Aug. 13, 2019

Aug. 13, 2019

PACER
38

MOTION to Withdraw Attorney(s) Myesha Braden by Sharonica Carter, Amanda Feenstra, Lonnie Feenstra (Bryan, John) (Entered: 09/06/2019)

Sept. 6, 2019

Sept. 6, 2019

PACER
39

MINUTE ORDER by Judge Gregory K Frizzell ; terminating attorney Myesha Braden ; granting 38 Motion to Withdraw Attorney(s) (This entry is the Official Order of the Court. No document is attached.) (kjp, Dpty Clk) (Entered: 09/06/2019)

Sept. 6, 2019

Sept. 6, 2019

PACER
40

MINUTE ORDER by Judge Gregory K Frizzell Plaintiffs' Motion to Strike those portions of defendants' reply briefs raising new arguments and asserting defendants' version of the facts is granted. Judicial Defendants' argument that Rules 8.1 and 8.8 do not provide a separate or private cause of action is a new argument, as the statement contained in their motion to dismiss pertained to their argument that state judges are exempt from liability pursuant to Section 155 of the OGTCA. The OIDS defendants did not respond to the motion to strike ; accepting in part 34 Motion to Strike Document(s) (This entry is the Official Order of the Court. No document is attached.) (GKFJ, Judge) (Entered: 09/06/2019)

Sept. 6, 2019

Sept. 6, 2019

PACER
41

MINUTE ORDER by Judge Gregory K Frizzell Plaintiffs' Request for Leave to File Surreply is Moot in light of the court's ruling on plaintiffs' motion to strike ; finding as moot 35 Motion for Leave to File Document(s) (This entry is the Official Order of the Court. No document is attached.) (GKFJ, Judge) (Entered: 09/06/2019)

Sept. 6, 2019

Sept. 6, 2019

PACER
42

ATTORNEY APPEARANCE by Richard Neal Mann on behalf of Curtis DeLapp, John Gerkin, Jared Sigler [Note: Attorney Richard Neal Mann added to party Curtis DeLapp(pty:dft), Attorney Richard Neal Mann added to party John Gerkin(pty:dft), Attorney Richard Neal Mann added to party Jared Sigler(pty:dft).] (Mann, Richard) (Entered: 10/02/2019)

Oct. 2, 2019

Oct. 2, 2019

PACER
43

MOTION for Attorney(s) Ms. Leah Wong to be Admitted Pro Hac Vice (paid $50 PHV fee; receipt number AOKNDC-2119515) by Sharonica Carter, Amanda Feenstra, Lonnie Feenstra (With attachments) (Bryan, John) (Entered: 10/08/2019)

Oct. 8, 2019

Oct. 8, 2019

PACER
44

MINUTE ORDER by Judge Gregory K Frizzell granting admission pro hac vice and ; adding attorney Leah Wong for Sharonica Carter,Leah Wong for Amanda Feenstra,Leah Wong for Lonnie Feenstra ; granting 43 Motion for Admission Pro Hac Vice (This entry is the Official Order of the Court. No document is attached.) (kjp, Dpty Clk) (Entered: 10/09/2019)

Oct. 9, 2019

Oct. 9, 2019

PACER
45

MINUTES of Proceedings - held before Judge Gregory K Frizzell: Motion Hearing held on 10/10/2019, striking/terminating deadline(s)/Hearing(s), taking motion(s) under advisement (Re: 10 MOTION to Dismiss And Brief in Support, 11 MOTION to Dismiss ) (Court Reporter: Brian Neil) (kjp, Dpty Clk) (Entered: 10/10/2019)

Oct. 10, 2019

Oct. 10, 2019

PACER
46

TRANSCRIPT of Proceedings (Unredacted) of Motion Hearing held on 10-10-2019 before Judge Gregory K Frizzell (Court Reporter: Brian Neil) (Pages: 1-89). NOTICE RE REDACTION OF TRANSCRIPTS: A party must file a Transcript Redaction Request within 21 calendar days. If a party fails to request redaction, this unredacted transcript may be made electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the court public terminal at no charge or may purchase a copy from the court reporter. (Re: 45 Minutes of Motion Hearing, Striking/Terminating Deadline(s)/Hearing(s), Taking Motion(s) Under Advisement) (bpn, CrtRptr) Modified on 1/16/2020 to remove transcript access restriction (sac, Dpty Clk). (Entered: 10/18/2019)

Oct. 18, 2019

Oct. 18, 2019

PACER
47

OPINION AND ORDER by Judge Gregory K Frizzell (Deadline set 11/27/2019) ; terminating party John Gerkin (Special Judge of the District Court of Washington County, in his official capacity) ; granting in part and denying in part 10 Motion to Dismiss (kjp, Dpty Clk) Modified on 11/14/2019 to correct event title to Opinion and Order (kjp, Dpty Clk).

Nov. 13, 2019

Nov. 13, 2019

RECAP
48

OPINION AND ORDER by Judge Gregory K Frizzell ; granting in part and denying in part 11 Motion to Dismiss (kjp, Dpty Clk)

Nov. 14, 2019

Nov. 14, 2019

RECAP
49

ANSWER (Re: State Court Petition/Complaint ) by Oklahoma Indigent Defense System, Oklahoma Indigent Defense System Board of Directors, State of Oklahoma, Craig Sutter (Williford, Jon) (Entered: 11/26/2019)

Nov. 26, 2019

Nov. 26, 2019

RECAP
50

MOTION to Amend the Complaint by Sharonica Carter, Amanda Feenstra, Lonnie Feenstra (With attachments) (Bryan, John) Modified on 12/9/2019 to seal PDF as document was filed unredacted; counsel will file the redacted version using the Errata/Correction event. (jjs, Dpty Clk). (Entered: 11/26/2019)

Nov. 26, 2019

Nov. 26, 2019

PACER
51

ORDER by Judge Gregory K Frizzell, directing parties to file joint status report ( Status Report due by 1/10/2020) (kjp, Dpty Clk) (Entered: 12/03/2019)

Dec. 3, 2019

Dec. 3, 2019

PACER
52

ERRATA/CORRECTION (Re: 50 MOTION to Amend the Complaint ) by Sharonica Carter, Amanda Feenstra, Lonnie Feenstra (With attachments) (Bryan, John) (Entered: 12/09/2019)

Dec. 9, 2019

Dec. 9, 2019

PACER
53

RESPONSE in Opposition to Motion (Re: 50 MOTION to Amend the Complaint ) by Curtis DeLapp, John Gerkin, Jared Sigler ; (Lawson, Stefanie) (Entered: 12/11/2019)

Dec. 11, 2019

Dec. 11, 2019

PACER
54

RESPONSE in Opposition to Motion (Re: 50 MOTION to Amend the Complaint ) by Oklahoma Indigent Defense System, Oklahoma Indigent Defense System Board of Directors, State of Oklahoma, Craig Sutter ; (Williford, Jon) (Entered: 12/11/2019)

Dec. 11, 2019

Dec. 11, 2019

PACER
55

REPLY to Response to Motion (Re: 50 MOTION to Amend the Complaint ) by Sharonica Carter, Amanda Feenstra, Lonnie Feenstra ; (Bryan, John) (Entered: 12/18/2019)

Dec. 18, 2019

Dec. 18, 2019

PACER
56

REPLY to Response to Motion (Re: 50 MOTION to Amend the Complaint ) by Sharonica Carter, Amanda Feenstra, Lonnie Feenstra ; (Terrill, Steven) Modified on 12/19/2019 - ENTERED IN ERROR - duplicative of 55 (sac, Dpty Clk). (Entered: 12/18/2019)

Dec. 18, 2019

Dec. 18, 2019

PACER
57

MOTION for Attorney(s) Mr. Arthur Ago to be Admitted Pro Hac Vice (paid $50 PHV fee; receipt number AOKNDC-2155529) by Sharonica Carter, Amanda Feenstra, Lonnie Feenstra (With attachments) (Bryan, John) (Entered: 12/30/2019)

Dec. 30, 2019

Dec. 30, 2019

PACER
58

NOTICE ERRATA to Motion for Admission pro hac vice (Re: 57 MOTION for Attorney(s) Mr. Arthur Ago to be Admitted Pro Hac Vice (paid $50 PHV fee; receipt number AOKNDC-2155529) ) by Sharonica Carter, Amanda Feenstra, Lonnie Feenstra (With attachments) (Bryan, John) (Entered: 12/30/2019)

Dec. 30, 2019

Dec. 30, 2019

PACER
59

MINUTE ORDER by Judge Gregory K Frizzell granting admission pro hac vice and ; adding attorney Arthur Emmanuel Ago for Sharonica Carter,Arthur Emmanuel Ago for Amanda Feenstra,Arthur Emmanuel Ago for Lonnie Feenstra ; granting 57 Motion for Admission Pro Hac Vice (This entry is the Official Order of the Court. No document is attached.) (kjp, Dpty Clk) (Entered: 12/30/2019)

Dec. 30, 2019

Dec. 30, 2019

PACER
60

MOTION to Withdraw Attorney(s) by Curtis DeLapp, John Gerkin, Jared Sigler (Mann, Richard) (Entered: 01/09/2020)

Jan. 9, 2020

Jan. 9, 2020

PACER
61

MINUTE ORDER by Judge Gregory K Frizzell granting Motion to Withdraw as Counsel of Record [Doc. 60] ; terminating attorney Richard Neal Mann ; granting 60 Motion to Withdraw Attorney(s) (This entry is the Official Order of the Court. No document is attached.) (kjp, Dpty Clk) (Entered: 01/09/2020)

Jan. 9, 2020

Jan. 9, 2020

PACER
62

JOINT STATUS REPORT by Sharonica Carter, Amanda Feenstra, Lonnie Feenstra (Bryan, John) (Entered: 01/09/2020)

Jan. 9, 2020

Jan. 9, 2020

PACER
63

SCHEDULING ORDER by Judge Gregory K Frizzell, setting/resetting scheduling order date(s): ( Discovery due by 9/1/2020, Dispositive Motions due by 10/1/2020, Motion Hearing set for 12/14/2020 at 01:30 PM before Judge Gregory K Frizzell, Proposed Pretrial Order due by 12/29/2020, Pretrial Conference set for 1/5/2021 at 09:30 AM before Judge Gregory K Frizzell, Nonjury Trial set for 1/19/2021 at 09:30 AM before Judge Gregory K Frizzell) (kjp, Dpty Clk) (Entered: 01/10/2020)

Jan. 10, 2020

Jan. 10, 2020

PACER
64

ATTORNEY APPEARANCE by Devan A Pederson on behalf of Curtis DeLapp, Jared Sigler [Note: Attorney Devan A Pederson added to party Curtis DeLapp(pty:dft), Attorney Devan A Pederson added to party Jared Sigler(pty:dft).] (Pederson, Devan) (Entered: 01/14/2020)

Jan. 14, 2020

Jan. 14, 2020

PACER
65

ORDER by Judge Gregory K Frizzell ; granting in part and denying in part 50 Motion to Amend (lah, Chambers) (Entered: 01/23/2020)

Jan. 23, 2020

Jan. 23, 2020

PACER
66

AMENDED COMPLAINT against Oklahoma Indigent Defense System, Oklahoma Indigent Defense System Board of Directors, Jared Sigler, State of Oklahoma, Craig Sutter, Linda Thomas, Russell Vaclaw (Re: State Court Petition/Complaint ) by Sharonica Carter, Amanda Feenstra, Lonnie Feenstra (With attachments) (Bryan, John) (Entered: 01/31/2020)

Jan. 31, 2020

Jan. 31, 2020

RECAP
67

Unopposed MOTION to Withdraw Attorney(s) Leah Watson by Sharonica Carter, Amanda Feenstra, Lonnie Feenstra (Bryan, John) (Entered: 02/12/2020)

Feb. 12, 2020

Feb. 12, 2020

PACER
68

Unopposed MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s) to Answer (Re: 66 Amended Complaint, ) by Jared Sigler, Linda Thomas, Russell Vaclaw [Note: Attorney Devan A Pederson added to party Linda Thomas(pty:dft), Attorney Devan A Pederson added to party Russell Vaclaw(pty:dft).] (Pederson, Devan) (Entered: 02/12/2020)

Feb. 12, 2020

Feb. 12, 2020

PACER
69

MINUTE ORDER by Judge Gregory K Frizzell granting Motion to Withdraw [Doc. 67] and ; terminating attorney Leah Watson ; granting 67 Motion to Withdraw Attorney(s) (This entry is the Official Order of the Court. No document is attached.) (kjp, Dpty Clk) (Entered: 02/13/2020)

Feb. 13, 2020

Feb. 13, 2020

PACER
70

ORDER by Judge Gregory K Frizzell (Deadline set 2/28/2020) ; granting 68 Motion to Accelerate/Extend/Reset Hearing(s)/Deadline(s) (Re: 66 Amended Complaint, ) (kjp, Dpty Clk) (Entered: 02/13/2020)

Feb. 13, 2020

Feb. 13, 2020

PACER
71

ANSWER (Re: 66 Amended Complaint, ) by Oklahoma Indigent Defense System, Oklahoma Indigent Defense System Board of Directors, State of Oklahoma, Craig Sutter (Williford, Jon) (Entered: 02/14/2020)

Feb. 14, 2020

Feb. 14, 2020

PACER
72

SETTLEMENT CONFERENCE ORDER by Magistrate Judge Jodi F Jayne, setting/resetting deadline(s)/hearing(s): ( Settlement Conference set for 9/10/2020 at 09:30 AM before Magistrate Judge Jodi F Jayne) (sdc, Dpty Clk) (Entered: 02/19/2020)

Feb. 19, 2020

Feb. 19, 2020

PACER
73

MINUTE ORDER by Judge Gregory K Frizzell due to court scheduling conflict, the Dispositive Motion Hearing set December 14, 2020 is stricken and reset for December 10, 2020 at 1:30 p.m., setting/resetting deadline(s)/hearing(s): ( Motion Hearing set for 12/10/2020 at 01:30 PM before Judge Gregory K Frizzell) (Re: 63 Scheduling Order,, Setting/Resetting Scheduling Order Date(s), ) (This entry is the Official Order of the Court. No document is attached.) (kjp, Dpty Clk) (Entered: 02/26/2020)

Feb. 26, 2020

Feb. 26, 2020

PACER
74

ANSWER (Re: 66 Amended Complaint, ) by Jared Sigler, Linda Thomas, Russell Vaclaw (Pederson, Devan) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
75

ATTORNEY APPEARANCE by Stefanie Erin Lawson on behalf of Linda Thomas, Russell Vaclaw [Note: Attorney Stefanie Erin Lawson added to party Linda Thomas(pty:dft), Attorney Stefanie Erin Lawson added to party Russell Vaclaw(pty:dft).] (Lawson, Stefanie) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
76

Unopposed MOTION for Protective Order by Jared Sigler, Linda Thomas, Russell Vaclaw (With attachments) (Pederson, Devan) (Entered: 03/13/2020)

March 13, 2020

March 13, 2020

PACER
77

PROTECTIVE ORDER by Magistrate Judge Frank H McCarthy ; granting 76 Motion for Protective Order (tjc, Dpty Clk) (Entered: 03/16/2020)

March 16, 2020

March 16, 2020

PACER
78

Joint MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s) (Re: 63 Scheduling Order,, Setting/Resetting Scheduling Order Date(s), ) by Oklahoma Indigent Defense System, Oklahoma Indigent Defense System Board of Directors, Jared Sigler, Craig Sutter, Linda Thomas, Russell Vaclaw (With attachments) (Pederson, Devan) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER
79

SCHEDULING ORDER by Judge Gregory K Frizzell (Amended Scheduling Order) Granting Joint Application for Amended Scheduling Order) ; setting/resetting scheduling order date(s): ( Discovery due by 11/2/2020, Dispositive Motions due by 12/1/2020, Motion Hearing set for 2/12/2021 at 09:30 AM before Judge Gregory K Frizzell, Proposed Pretrial Order due by 2/22/2021, Pretrial Conference set for 3/1/2021 at 09:30 AM before Judge Gregory K Frizzell, Nonjury Trial set for 3/15/2021 at 09:30 AM before Judge Gregory K Frizzell); granting 78 Motion to Accelerate/Extend/Reset Hearing(s)/Deadline(s) (kjp, Dpty Clk) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER
80

MINUTE ORDER by Court Clerk pursuant to General Order 20-14, reassigning case to Judge John F Heil, III, Judge Gregory K Frizzell no longer assigned to case, changing case number to 19-CV-234-JFH-FHM (This entry is the Official Order of the Court. No document is attached.) (kjp, Dpty Clk) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
81

SCHEDULING ORDER by Judge John F Heil, III (amended), setting/resetting scheduling order date(s): ( Proposed Pretrial Order due by 2/12/2021, Pretrial Conference set for 2/22/2021 at 09:30 AM before Judge John F Heil III, Jury Trial set for 3/15/2021 at 09:30 AM before Judge John F Heil III) (pll, Dpty Clk) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
82

STIPULATION of Dismissal, dismissing Defendants to claims asserted by Lonnie Feenstra, dismissing all claims asserted by Lonnie Feenstra, (Re: 66 Amended Complaint, ) by Lonnie Feenstra (Bryan, John) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
83

MOTION for Attorney(s) John Fowler to be Admitted Pro Hac Vice (paid $50 PHV fee; receipt number AOKNDC-2253535) by Sharonica Carter, Amanda Feenstra (With attachments) (Terrill, Steven) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
84

Unopposed MOTION to Accelerate/Extend/Reset Settlement Deadline(s)/Conference to October 1, 2020 by Jared Sigler, Linda Thomas, Russell Vaclaw (Pederson, Devan) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER

***Motion(s) Referred to Magistrate Judge Jayne (Re: 84 Unopposed MOTION to Accelerate/Extend/Reset Settlement Deadline(s)/Conference to October 1, 2020 ) (see document number 84 ) (sac, Dpty Clk)

Aug. 25, 2020

Aug. 25, 2020

PACER
85

MINUTE ORDER by Judge John F Heil, III : granting plaintiff's motion as to John Fowler. Local counsel is directed to advise them of the requirements of Local Rule 83.4 and the need to register as a CM/ECF user in this Court ; granting 83 Motion for Admission Pro Hac Vice (This entry is the Official Order of the Court. No document is attached.) (pll, Dpty Clk) (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

PACER
86

MINUTE ORDER by Magistrate Judge Jodi F Jayne resetting Settlement Conference. Plaintiff's Settlement Conference Statement will be due September 14, 2020. Defendant's Settlement Conference Statement will be due September 21, 2020 ; setting/resetting deadline(s)/hearing(s): (to be held via video conference) ( Settlement Conference set for 9/28/2020 at 09:30 AM before Magistrate Judge Jodi F Jayne); granting 84 Motion to Accelerate/Extend/Reset Settlement Deadline(s)/Conference (This entry is the Official Order of the Court. No document is attached.) (sdc, Dpty Clk) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
87

ATTORNEY APPEARANCE by John Fowler on behalf of All Plaintiffs (Fowler, John) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER
88

MOTION to be Excused from the Settlement Conference set on September 28, 2020 by Jared Sigler, Linda Thomas, Russell Vaclaw (Lawson, Stefanie) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER

***Motion(s) Referred to Magistrate Jayne (Re: 88 MOTION to be Excused from the Settlement Conference set on September 28, 2020 ) (sac, Dpty Clk)

Sept. 14, 2020

Sept. 14, 2020

PACER
89

MINUTE ORDER by Magistrate Judge Jodi F Jayne ; granting 88 Motion to be Excused from Hearing (This entry is the Official Order of the Court. No document is attached.) (sdc, Dpty Clk) (Entered: 09/17/2020)

Sept. 17, 2020

Sept. 17, 2020

PACER
90

MINUTE ORDER by Magistrate Judge Jodi F Jayne striking Settlement Conference, to be reset at a later date, striking/terminating deadline(s)/Hearing(s) (This entry is the Official Order of the Court. No document is attached.) (sdc, Dpty Clk) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER
91

MINUTE ORDER by Magistrate Judge Jodi F Jayne resetting Settlement Conference. Plaintiff's Settlement Conference Statement will be due October 15, 2020. Defendant's Settlement Conference Statement will be due October 22, 2020, setting/resetting deadline(s)/hearing(s): before ASJ R. Scott Savage (to be held via video conferencing) ( Settlement Conference set for 10/29/2020 at 09:30 AM before Adjunct Settlement Judge) (This entry is the Official Order of the Court. No document is attached.) (sdc, Dpty Clk) (Entered: 10/01/2020)

Oct. 1, 2020

Oct. 1, 2020

PACER
92

Unopposed MOTION to Accelerate/Extend/Reset Settlement Deadline(s)/Conference to November 12, 2020 by Jared Sigler, Linda Thomas, Russell Vaclaw (Pederson, Devan) (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

PACER

***Motion(s) Referred to Magistrate Cleary (Re: 92 Unopposed MOTION to Accelerate/Extend/Reset Settlement Deadline(s)/Conference to November 12, 2020 ) (see document number 92 ) (sac, Dpty Clk)

Oct. 8, 2020

Oct. 8, 2020

PACER
93

MINUTE ORDER by Magistrate Judge Paul J Cleary resetting Settlement Conference ; setting/resetting deadline(s)/hearing(s): before ASJ R. Scott Savage (to be held via video conferencing) ( Settlement Conference set for 11/13/2020 at 09:30 AM before Adjunct Settlement Judge); granting 92 Motion to Accelerate/Extend/Reset Settlement Deadline(s)/Conference (This entry is the Official Order of the Court. No document is attached.) (sdc, Dpty Clk) (Entered: 10/28/2020)

Oct. 28, 2020

Oct. 28, 2020

PACER
94

MINUTE ORDER by Court Clerk reassigning the magistrate judge in this case pursuant to General Order 20-37, reassigning case to Magistrate Judge Christine D Little, Magistrate Judge Frank H McCarthy no longer assigned to case, changing case number to 19-CV-234-JFH-CDL (This entry is the Official Order of the Court. No document is attached.) (pll, Dpty Clk) (Entered: 11/06/2020)

Nov. 6, 2020

Nov. 6, 2020

PACER
95

Joint MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s) Joint Motion to Amend Scheduling Order (Re: 81 Scheduling Order,, Setting/Resetting Scheduling Order Date(s), ) by Sharonica Carter, Amanda Feenstra (Terrill, Steven) (Entered: 11/23/2020)

Nov. 23, 2020

Nov. 23, 2020

PACER

Case Details

State / Territory: Oklahoma

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Key Dates

Filing Date: March 21, 2019

Closing Date: Oct. 10, 2023

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individuals convicted of minor offenses who are below the poverty line and risk re-incarceration for failure to pay fines which were assessed without consideration of their poverty status

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Lawyers Comm. for Civil Rights Under Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Special Judges of the District Court (Washington), County

Oklahoma Indigent Defense System, State

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General/Misc.:

Access to lawyers or judicial system

Fines/Fees/Bail/Bond

Pattern or Practice

Poverty/homelessness

Quality of representation

Disability and Disability Rights:

Disability, unspecified

Mental Illness, Unspecified

Discrimination Area:

Disparate Impact

Disparate Treatment