Opinion

Parks v. AIG

Court
District Court, W.D. Oklahoma
Filed
Jun 20, 2024
Cited by
0 cases
Authority
More cited than 28.6%

The opinion

IN THE UNITED STATES DISTRICT COURT FOR THE

WESTERN DISTRICT OF OKLAHOMA

TONYA PARKS, et al., )

)

Plaintiffs, )

)

v. ) No. CIV-23-41-R

)

AIG, an insurance company, et al., )

)

Defendants. )

ORDER

The following Motions [Docs. 75, 76, 83, 93] are fully briefed and pending before

the Court. Defendants seek to dismiss Plaintiffs’ Second Amended Complaint [Doc. 69] in

its entirety. Plaintiffs separately responded to each motion [Docs. 84, 85, 91, 109], and the

Court addresses all pending Motions in this Order.1 As discussed in further detail below,

the Court GRANTS Defendants’ Motions and DISMISSES the entirety of Plaintiffs’

claims on a variety of grounds.2

I. BACKGROUND

This collection of Plaintiffs is brought together by their shared allegations of

corruption and misconduct in the Oklahoma County Courthouse. The Defendant at the

center of Plaintiffs’ allegations is a former Oklahoma County judge, Tim Henderson. Each

1 Additionally, the Court considers Plaintiffs’ Motion to Amend/Correct [Doc. 90] and the

associated Responses and Reply [Docs. 104, 107, 108] regarding the improperly named Defendant

Chicago Title Company with this Order.

2 Plaintiffs moved for a hearing on Defendants’ various Motions to Dismiss. Because this Order

resolves those Motions, Plaintiffs’ Motion for Hearing on Pending Motions [Doc. 111] is

DENIED.

Plaintiff claims he or she suffered harm stemming from acts that Henderson carried out

himself, Henderson directed others to do, or retaliation by other Defendants for reporting

Henderson’s misconduct. Plaintiffs’ allegations implicate a slew of people and entities

beyond Henderson: David Prater, the former Oklahoma County District Attorney; Mike

Hunter, the former Attorney General of the State of Oklahoma; Melissa Abernathy and

Brett Slimp, Oklahoma County Sherriff’s Deputies; Oklahoma County; Chicago Title

Company; and AIG, an insurance provider for the State.

Given the disparate parties in this case, it comes as no surprise that disentangling

each Plaintiff’s distinct claims against each Defendant poses a challenge. This difficulty is

exacerbated by the Complaint’s liberal use of footnotes, disorganization, argumentative

nature, and lack of focus.3 Despite this, the Court proceeds to rule on Defendants’ motions

in an effort to move the case forward.4

Plaintiff Tonya Parks is the daughter of fellow Plaintiffs, Frances and Bennie

Gibson. The Parks/Gibson family, residents of Texas, encountered Defendants because Ms.

Gibson’s mother’s estate was the subject of a probate action in Oklahoma County that

began in 2016.5 Ms. Parks held power of attorney in the probate case and interacted with

3 The Court previously dismissed, sua sponte, Plaintiffs’ First Amended Complaint for

noncompliance with FED. R. CIV. P. 8 and directed Plaintiffs to clearly and cogently state their

claims in a short and plain statement against each Defendant. The Amended Complaint before the

Court makes minimal progress on that front. It continues to be unclear, in part, due to Plaintiffs

devoting a substantial amount of space to allegations of misconduct by Defendants’ counsel, even

though the attorney is not a Defendant in the case. The Complaint was not the proper avenue to

raise these allegations. Subsequently, Plaintiffs filed a proper Motion [Doc. 72] to disqualify

Defendants’ counsel. The Court denied the Motion [Doc. 87].

4 The synopses of Plaintiffs’ claims that follow are the claims as the Court can construe them with

a liberal construction normally only afforded to pro se litigants.

5 In re Estate of Lenox, No. PB-2016-721. The case is sealed per court order.

the Oklahoma County court system as a result. Throughout the probate action, Parks alleges

various Defendants acted improperly by: influencing the judges overseeing the case; falsely

imprisoning her; placing her on a “watchlist” at the Courthouse; undertaking a sham sale

of the Estate’s house; undertaking a sham investigation into misconduct of which Parks

complained; and retaliating against her for complaining of misconduct. She brings causes

of action under 42 U.S. § 1983 for violations of her First, Fourth, and Fifth Amendment

rights, and she alleges a civil conspiracy by Defendants. She also alleges false

imprisonment, breach of fiduciary duty, and asks for declaratory relief against Defendant

AIG.

Bennie and Frances Gibson, the parents of Plaintiff Parks, allege their own causes

of action stemming from the purported misconduct surrounding the Lenox probate. Ms.

Gibson, as heir to her mother’s Estate, alleges much of the same misconduct and retaliation

as Ms. Parks does. She brings several causes of action, including: violations of her Fourth,

Fifth, and Fourteenth Amendment rights; a conspiracy to violate said rights; a Fifth

Amendment taking of property to which she was the heir; breaches of fiduciary duty; and

a declaratory judgment that the AIG insurance policy was triggered by the misconduct.

Mr. Gibson alleges he complained of the misconduct in the Lenox probate to several

authorities, and as a result, Defendants retaliated against him. This retaliation took the form

of an allegedly false arrest that Mr. Gibson was subjected to at the Oklahoma County

Courthouse. Mr. Gibson brings several causes of action, including: First, Fourth, Fifth and

Fourteenth Amendment violations; a conspiracy to violate the same; a declaratory

judgment that the AIG policy is triggered by his claim; and a declaratory judgment that his

private speech to the probate attorney was protected speech. He also seeks a variety of

injunctions against Defendants.

Plaintiff Nyanza Cook complains of Defendant Henderson’s misconduct in an

unrelated criminal case in which her son, who is not a plaintiff, was arrested. Cook alleges

her son’s initial arrest warrant was unsigned and invalid before Henderson improperly

signed and backdated it. She further alleges Henderson raised her son’s bond without a

proper hearing. Additionally, she seems to accuse the Oklahoma County District

Attorney’s Office of communicating falsities to Child Protective Services in Texas and

affecting her grandparent rights. Plaintiff Cook brings a First Amendment retaliation claim

and a breach of fiduciary duty claim. She further seeks declaratory judgments regarding

her son’s bond proceedings and Defendant AIG’s insurance policy. Finally, she seeks

additional injunctive relief.

Plaintiff Alex Bednar accuses Defendants of a conspiracy to discredit and harm him

by eliminating his ability to practice law and meddling in his bankruptcy and divorce cases.

Judge Henderson and District Attorney Prater are at the center of Bednar’s claims. Plaintiff

Bednar brings causes of action for violations of his Fourth, Fifth, and Fourteenth

Amendment rights, a conspiracy to violate the same, false imprisonment, and breach of

fiduciary duty. He also seeks a declaratory judgment that Defendant AIG’s 2018-19 policy

is triggered by the events of this case.

Defendants can be grouped into four categories. Defendants Henderson, Hunter, and

Prater (“State Defendants”) are all former State officials represented by the Oklahoma

Attorney General’s office. Defendants Slimp, Abernathy, and Oklahoma County (“County

Defendants”) are represented by the Oklahoma County District Attorney’s office.

Defendant AIG and Defendant Chicago Title Company are represented separately by their

respective counsel. Between them all, Defendants dispute the entirety of Plaintiffs’

allegations and move to dismiss on a variety of grounds, including sovereign immunity,

judicial immunity, prosecutorial immunity, qualified immunity, the Rooker-Feldman

doctrine, res judicata, Oklahoma’s statute of limitations, lack of subject matter jurisdiction,

failure to state a claim, and noncompliance with FED. R. CIV. P. 8.

II. LEGAL STANDARD

In considering a motion to dismiss under FED. R. CIV. P. 12(b)(6), the Court must

determine whether Plaintiff has stated a claim upon which relief may be granted. A motion

to dismiss is properly granted when a complaint provides no “more than labels and

conclusions, and a formulaic recitation of the elements of a cause of action.” Bell Atl. Corp.

v. Twombly, 550 U.S. 544, 555 (2007). A complaint must contain enough “facts to state a

claim to relief that is plausible on its face.” Id. at 570. The factual allegations “must be

enough to raise a right to relief above the speculative level.” Id. at 555. (citations omitted).

In making its dismissal determination, the Court must accept all the well-pleaded

allegations of the complaint as true and construe the allegations in the light most favorable

to the claimant. Alvarado v. KOB–TV, L.L.C., 493 F.3d 1210, 1215 (10th Cir. 2007).

Determining whether a claim is plausible varies based on context and requires the

Court to draw on judicial experience and common sense. Khalik v. United Air Lines, 671

F.3d 1188, 1191 (10th Cir. 2012). To satisfy the plausibility standard of federal pleading,

Plaintiffs must offer this Court reason to believe they have a reasonable likelihood of

mustering factual support for their claims. Ridge at Red Hawk, L.L.C. v. Schneider, 493

F.3d 1174, 1177 (10th Cir. 2007).

Underpinning Rule 12(b)(6) is Rule 8’s requirement that a pleading provide a

“comprehensible, ‘short and plain’ statement of the claim(s) sufficient to give the opposing

party reasonable and fair notice of the basis of the complaint.” Abdelsamed v. Colorado, 6

F. App'x 771 (10th Cir. 2001) (quoting FED. R. CIV. P. 8(a)(2)). Additionally, “it [is] not

the district court’s job to stitch together cognizable claims for relief” from a litigant’s

deficient pleading. Mann v. Boatright, 477 F.3d 1140, 1148 (10th Cir. 2007). “[F]ailure to

satisfy Rule 8 can supply a basis for dismissal[.]” Nasious v. Two Unknown B.I.C.E.

Agents, at Arapahoe Cnty. Just. Ctr., 492 F.3d 1158, 1161 (10th Cir. 2007). Moreover, this

Court has “inherent authority to manage [its] dockets and courtrooms with a view toward

the efficient and expedient resolution of cases.” Dietz v. Bouldin, 579 U.S. 40, 47 (2016).

III. DISCUSSION

At the outset, the Court observes that Plaintiffs’ Complaint is a form of “shotgun

pleading.” Plaintiffs allege a plethora of facts, attach several exhibits to the pleading, and

state numerous claims by unrelated Plaintiffs against various Defendants. These claims are

not effectively organized, and because of the morass of information Plaintiffs have

provided, the facts underpinning each claim are not specified. Pleading in this way “places

an inordinate burden” on the parties responding to Plaintiffs’ allegations and the Court in

analyzing their claims. Jacobs v. Credit Suisse First Bos., 11-CV-00042, 2011 WL

4537007, at *6 (D. Colo. Sept. 30, 2011). “Essentially, the shotgun pleader foists off one

of the pleading lawyer's critical tasks—sifting a mountain of facts down to a handful of

those that are relevant to a given claim—onto the reader.” Id.

Plaintiffs state that the alleged “widespread wrongdoing in this multi-plaintiff,

multi-defendant action justifies the length” of their Complaint. Doc. 85 at 9. But the

“widespread wrongdoing” alleged by the various Plaintiffs against several Defendants does

not justify the Complaint’s lack of clarity. Quite the opposite. The nature of this case

demands that counsel meticulously clarify the claims of each Plaintiff so that the Court and

Defendants may reasonably comprehend the nature of and alleged factual basis for each

and every claim. It is neither the Court nor the Defendants’ job to distill Plaintiffs’ tangled

allegations into a workable pleading; it is the Plaintiffs’.

A. STATE AND COUNTY DEFENDANTS’ MOTIONS

Because Plaintiffs have failed, yet again, to provide a short and plain statement of

their claims as required by FED. R. CIV. P. 8, the claims asserted against State & County

Defendants are DISMISSED without prejudice.6 Although the parameters of Plaintiffs’

various claims are often unclear, Defendants have raised defenses that seem to bar at least

some aspects of Plaintiffs’ claims. So, while dismissal of the instant Complaint is pursuant

to Rule 8, Plaintiffs should bear in mind that dismissal of their claims on the following

grounds is plausible in a subsequent Complaint. Dismissing the Complaint in this manner,

while discussing the defenses Defendants have already raised, will aid the Court and all

litigants in achieving a more expeditious resolution to this dispute.

6 Defendants AIG and Chicago Title’s arguments will be addressed infra at section III B.

i. Rooker-Feldman Doctrine

This doctrine prohibits federal district courts from reviewing state court judgments.

Lance v. Dennis, 546 U.S. 459, 460 (2006). “The Rooker-Feldman doctrine prevents the

lower federal courts from exercising jurisdiction over cases brought by ‘state-court losers’

challenging ‘state-court judgments rendered before the district court proceedings

commenced.’” Id. (quoting Exxon Mobil Corp. v. Saudi Basic Industries Corp., 544 U.S.

280, 284 (2005)). The Tenth Circuit has emphasized that the “essential point” of the

doctrine is that it bars claims that complain of injuries arising from state court judgments.

Campbell v. City of Spencer, 682 F.3d 1278, 1283 (10th Cir. 2012). “In other words, an

element of the claim must be that the state court wrongfully entered its judgment.” Id.

The precise facts, claims, and remedies Plaintiffs put forward are often unclear.

However, it is apparent that much of Plaintiffs Parks, Gibson, and Bednar’s allegations

revolve around previous state court judgments rendered against them. To the extent

Plaintiffs challenge the state court judgments against them, the Court would lack

jurisdiction to entertain their claims.

ii. Judicial Immunity

Our legal system cloaks judges in a broad and absolute immunity for their judicial

acts; accordingly, Plaintiffs must clear a high bar to hold Defendant Henderson liable for

his alleged wrongdoing. Each Plaintiff appears to allege one or multiple claims against

Defendant Henderson arising out of his conduct in cases they had before him. For example,

they accuse Judge Henderson of backdating documents, improperly increasing a bail

amount, taking property without just compensation, and generally depriving them of due

process. Each of these acts seems to implicate Henerson’s judicial immunity, even if they

were undertaken wrongfully.

“A judge will not be deprived of immunity because the action he took was in error,

was done maliciously, or was in excess of his authority; rather he will be subject to liability

only when he has acted in the clear absence of all jurisdiction.” Stump v. Sparkman, 435

U.S. 349, 356-57 (1978) (internal quotation omitted). Moreover, “the commission of grave

procedural errors” is still within the ambit of judicial immunity. Id. at 359. In effect,

Plaintiffs must show Judge Henderson acted in a nonjudicial capacity or undertook judicial

acts without any conceivable jurisdiction to do so. From what the Court can discern from

the Complaint, however, much of the alleged wrongdoing by Defendant Henderson fails

to meet this exacting standard.

Additionally, Plaintiffs should note that “judicial immunity may extend to persons

other than a judge where performance of judicial acts or activity as an official aide of the

judge is involved.” Henriksen v. Bentley, 644 F.2d 852, 855 (10th Cir. 1981).

Consequently, Plaintiffs’ allegations against nonjudicial defendants, such as Abernathy

and Slimp, may even be barred by judicial immunity.

iii. Prosecutorial Immunity

Defendant Prater enjoys similar immunity under the law that Defendant Henderson

does, as “[t]he common-law immunity of a prosecutor is based upon the same

considerations that underlie the common-law immunities of judges . . . acting within the

scope of their duties.” Imbler v. Pachtman, 424 U.S. 409, 422-23 (1976). “A prosecutor is

duty bound to exercise his best judgment both in deciding which suits to bring and in

conducting them in court.” Id. at 424. Here, Plaintiffs allege Prater limited investigations

into Henderson, wrongfully brought prosecutions against Bennie Gibson and Alex Bednar,

and generally retaliated against Plaintiffs’ exercise of their rights. Again, it is uncertain to

what extent prosecutorial immunity would shield Defendant Prater from Plaintiffs’ claims

because their claims are not clear. However, at least some of the conduct Plaintiffs describe

appears to be protected by prosecutorial immunity.

iv. Sovereign Immunity

The sovereign immunity afforded states by the Eleventh Amendment is implicated

by Plaintiffs’ claims against the State Defendants in their official capacities.7 Because

Plaintiffs allege violations of their Constitutional rights by State officials, their claims are

necessarily based in 42 U.S.C. § 1983. “[A] suit against a state official in his or her official

capacity is not a suit against the official but rather is a suit against the official’s office. As

such, it is no different from a suit against the state itself.” Will v. Michigan Dep’t of State

Police, 491 U.S. 58, 71 (1989). A State is not a proper defendant in a § 1983 action. Id.

Thus, this Court cannot provide recourse for Plaintiffs against State Defendants in their

official capacities. Eleventh Amendment immunity is jurisdictional in nature, so dismissal

on its basis is to be without prejudice. Colby v. Herrick, 849 F.3d 1273, 1278 (10th Cir.

2017). Consequently, all claims against Defendants Henderson, Prater, and Hunter, in their

official capacities, are DISMISSED WITHOUT PREJUDICE on this basis.

7 It is unclear whether Plaintiffs intended to bring suit against Defendant Henderson in his official

capacity, but they do expressly lodge claims against Defendants Prater and Hunter in their official

capacities. The Court presumes Plaintiffs attempt to do so against Defendant Henderson, too.

v. Qualified Immunity

Plaintiffs’ claims against all County and State Defendants raise the specter of

qualified immunity. Apart from the previously discussed absolute immunity, “[m]ost

public officials are entitled to only qualified immunity.” Buckley v. Fitzsimmons, 509 U.S.

259, 268 (1993). Under its shield, “government officials are not subject to damages liability

for the performance of their discretionary functions when ‘their conduct does not violate

clearly established statutory or constitutional rights of which a reasonable person would

have known.’” Id. (quoting Harlow v. Fitzgerald, 457 U.S. 800, 818 (1993)). Prosecutors,

while receiving absolute immunity for prosecutorial functions, can also be entitled to

qualified immunity for non-prosecutorial functions. Id. at 273.

The Court need not rehash the well-trodden jurisprudence of qualified immunity for

litigants at this time. It suffices to remind Plaintiffs of its potential application to claims

against State Defendants, Abernathy, and Slimp. If Plaintiffs move forward with their

claims, they must allege sufficient facts to plausibly demonstrate that the official has

exceeded his or her qualified immunity. Cummings v. Dean, 913 F.3d 1227, 1239 (10th

Cir. 2019). If they fail to do so, qualified immunity will shield Defendants from suit.

B. DISCUSSION OF AIG AND CHICAGO TITLE’S MOTIONS

As with the County and State Defendants, Plaintiffs’ claims against Defendants AIG

and Chicago Title are often inscrutable. However, there are certain claims which the Court

finds legally deficient. In the interest of expeditiously resolving this case for litigants, the

Court DISMISSES claims against AIG with prejudice. Claims against Chicago Title are

DISMISSED without prejudice.

i. AIG

Plaintiffs seek a declaratory judgment against AIG that the insurance policy it

allegedly issued to the State of Oklahoma is implicated by the alleged events of this case.

AIG points to the traditional direct-action prohibition in Oklahoma to defend itself.8

Plaintiffs’ claims against AIG directly cannot persist because the familiar limitation

on direct actions against insurers in Oklahoma is applicable in this case. Plaintiffs

acknowledge the traditional limits within Oklahoma on suing insurers directly:

It is true that, ordinarily, an injured party does not have a direct right of action

against a liability insurer. This, in turn, means that indemnity claims are

ordinarily not ripe until the tortfeasor’s liability is determined. It also means

that, ordinarily, the insurer owes no duty of good faith to plaintiffs that are

harmed by their insureds’ conduct.

Doc. 109: Plaintiffs’ Response at 4; see, e.g., McWhirter v. Fire Ins. Exch., Inc., 878 P.2d

1056, 1059 (Okla. 1994); Watson v. Farmers Ins. Co., 23 F. Supp. 3d 1342, 1347 (N.D.

Okla. 2014). The Supreme Court of Oklahoma has consistently reaffirmed these limits.

“We have never before recognized the right of a plaintiff to bring a direct action against

the insurer of an alleged tortfeasor absent statutory edict. We do not recognize this right

now.” Daigle v. Hamilton, 782 P.2d 1379, 1383 (Okla. 1989) (emphasis in original).

To overcome the direct-action prohibition, Plaintiffs must demonstrate a contractual

or statutory relationship with AIG. Townsend v. State Farm Mut. Auto. Ins. Co., 860 P.2d

8 The Court does not find AIG to currently be in default. It is unnecessary to parse the tortured

procedural history of the case to determine if or when AIG should have been deemed in default.

Even if the Court were to find the Clerk of Court should have entered a default against AIG in

2023, the Court would set it aside for good cause. See Pinson v. Equifax Credit Info. Servs., Inc.,

316 F. App’x 744, 750 (10th Cir. 2009). Specifically, the Court finds AIG did not willfully default,

AIG’s defenses have merit, and Plaintiffs have demonstrated no prejudice.

236, 237 (Okla. 1993). In this situation, however, Plaintiffs are “third-party claimants who

are mere strangers to the contract of insurance.” Id. Despite this, Plaintiffs attempt to evade

the prohibition by analogizing their situation—as alleged victims of civil rights abuses by

government actors—to Oklahoma’s uninsured motorist (UM) scheme. Such an analogy is

unavailing.

In the UM context, unlike here, contractual privity exists. There, the insured

motorist has contracted with his or her insurer for certain benefits in the event of incurring

damages in excess of another driver’s liability policy. Id. at 238; see, e.g., Brown v. Patel,

157 P.3d 117 (Okla. 2007). Plaintiffs, on the other hand, wish to sue the State of

Oklahoma’s insurer because of Oklahoma officials’ alleged liability. No privity exists.

Plaintiffs also cannot be considered third-party beneficiaries to the contract between AIG

and Oklahoma because the contract was not “made expressly for [their] benefit, which

means . . . in direct or unmistakable terms[.]” Colony Ins. Co. v. Burke, 698 F.3d 1222,

1230 (10th Cir. 2012). Thus, Plaintiffs’ attempt to demonstrate a contractual relationship

with AIG fails.

Plaintiffs then point to the Oklahoma Government Tort Claims Act as forming a

statutory relationship between them and AIG. In Plaintiffs’ telling, the Act creates a

statutory relationship between Plaintiffs and AIG because:

if a policy or contract of liability insurance covering the state . . . is

applicable, the terms of the policy govern the rights and obligations of the

state or political subdivision and the insurer with respect to the investigation,

settlement, payment and defense of claims or suits against the state or

political subdivision or its employees covered by the policy.

OKLA STAT., tit. 51, § 158(C). Plaintiffs read the statutory text as imposing an obligation

on AIG to investigate a claimant’s allegations against the State. Plaintiffs, as strangers to

the insurance contract between AIG and the State, however, cannot enforce the “terms of

the policy” that “govern the rights and obligations of the state . . . and the insurer.” Id. Thus,

the statutory text only defines the relationship between AIG and the State, not Plaintiffs.

Plaintiffs then point to two cases to support the notion that they have a statutory

relationship with AIG. In the first, Plaintiffs cite a quote referring to an insurance policy

held by a political subdivision as “a fund independent of the agency’s assets upon which

the injured plaintiff may draw.” Herweg, By and Through Stanard v. Board of Educ. of

Lawton Public Schools, 673 P.2d 154, 156 (Okla. 1983). Evidently, Plaintiffs read this as

eliminating the direct-action prohibition and allowing them to pursue “the fund” directly.

Doc. 109 at 5. However, all that the Supreme Court of Oklahoma conveyed with that

statement is that “a political subdivision . . . waives its [sovereign] immunity to the extent

of [the insurance] coverage.” Id. Second, Plaintiffs cite to portions of Colony for support.

However, the Tenth Circuit ultimately rejected the plaintiff’s claim of a statutory

relationship in that case, finding the insurance policy was a third-party liability policy—

just as the State’s policy with AIG is here. Colony, 698 F.3d at 1232.

In a last-ditch effort at finding a method to sue the insurer directly, Plaintiffs note

that Plaintiff Bednar qualifies as an insured person under the AIG policy, thereby placing

all Plaintiffs in a contractual relationship with AIG. It is unnecessary to determine whether

Bednar actually qualifies as an insured party under the policy. Because Bednar is acting as

a Plaintiff in this case, AIG’s duty to him is defined by his status as a claimant, not as an

insured. Id. at 1230. He cannot bring suit against AIG directly as a result.

There is no plausible set of facts Plaintiffs could present which would give them the

right to pursue an action against AIG (or the properly identified insurer) directly.

Consequently, amendment with respect to AIG is futile and dismissal with prejudice is

appropriate. Knight v. Mooring Cap. Fund, LLC, 749 F.3d 1180, 1190 (10th Cir. 2014).

All claims against AIG are DISMISSED pursuant to Rule 12(b)(6) with prejudice.

ii. Chicago Title Company

Defendant Chicago Title Company seeks to dismiss the breach of fiduciary duty and

civil conspiracy claims lodged against it by Plaintiffs Parks and Gibson on the grounds that

it is not the proper entity to be sued. Chicago Title Company is a California corporation

that has not conducted any activity directed towards Plaintiffs in the state of Oklahoma.

Doc. 83 at 13; Doc. 83-3. Rather, Defendant suggests the properly named target of

Plaintiff’s claims is Chicago Title Oklahoma Co. Doc. 83-2. Plaintiffs accede to this

representation [Doc. 91] and wish to amend their Complaint to name the proper Defendant

[Doc. 90].9 Given the cursory nature of the allegations against Chicago Title, however, it

is questionable whether Plaintiffs could have properly stated claims for breach of fiduciary

duty or civil conspiracy against the properly named defendant. 10

9 The Court has considered this Motion to Amend and the associated briefing by parties [Docs. 90,

104, 107, 108] in issuing this Order.

10 Plaintiffs are reminded of their requirement to plead claims that are facially plausible. See

Ashcroft v. Iqbal, 556 U.S. 662, 678-79 (2009). Rule 11 sanctions are available to a court if it finds

the litigant has burdened the court with baseless filings. See Cooter & Gell v. Hartmarx Corp., 496

U.S. 384, 398 (1990).

The Court GRANTS Chicago Title Company’s Motion to Dismiss and DISMISSES

without prejudice all claims against the entity Chicago Title Company pursuant to FED. R.

CIV. P. 12(b)(2). Plaintiffs’ Motion for Leave to Amend is DENIED. Plaintiffs may file a

new motion to amend their Complaint, including naming the proper entity of Chicago Title

Oklahoma Co.

IV. CONCLUSION

Plaintiffs’ Second Amended Complaint is dismissed in its entirety. Claims against

AIG are DISMISSED WITH PREJUDICE pursuant to Rule 12(b)(6). All other claims

against all other Defendants are DISMISSED WITHOUT PREJUDICE pursuant to Rule

8(a)(2) and the Court’s inherent power to manage its docket to expeditiously resolve cases.

Plaintiffs’ Second Amended Complaint is not close to complying with Rule 8(a)(2). Once

more, the Court underscores the Rule’s mandate that a pleading “must contain . . . a short

and plain statement of the claim[.]” FED. R. CIV. P. 8(a)(2) (emphasis added).

Plaintiffs may file a Motion to Amend their Complaint that complies with LCvR

15.1 and Rule 8(a)(2) within twenty-one days of the date of this Order. The Court will not

be inclined to dismiss claims without prejudice next time unless it is evident that Plaintiffs

have heeded this Court’s repeated admonishments. Plaintiffs will not be entitled to freely

seek bite after bite at the proverbial apple. Defendants’ Motions [Docs. 75, 76, 83, 93] are

GRANTED.

IT IS SO ORDERED this 20th day of June 2024.

DAVID L. RUSSELL

UNITED STATES DISTRICT JUDGE

17

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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