Opinion

Olupitan

Court
District Court, W.D. Oklahoma
Filed
Aug 14, 2026
Cited by
0 cases
Authority
More cited than 44.1%

The opinion

UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF OKLAHOMA

MARTINA O. OLUPITAN, MHA, )

)

Plaintiff, )

)

v. ) Case No. CIV-24-349-G

)

STATE OF OKLAHOMA ex rel. )

THE BOARD OF REGENTS OF THE )

UNIVERSITY OF OKLAHOMA )

et al., )

)

Defendants. )

ORDER

Now before the Court Plaintiff Martina O. Olupitan, MHA’s “Objection to the

Court’s Order [Dkt.77] In Its Entirety” (Doc. No. 84). Defendants1 have responded (Doc.

No. 100) and Plaintiff has replied (Doc. No. 103).

I. Background

Plaintiff, appearing pro se, commenced this action in April 2024, bringing federal

and state-law claims against nine defendants. See Compl. (Doc. No. 1). Defendants moved

to dismiss Plaintiff’s claims. See Defs.’ Mot. to Dismiss (Doc. No. 25).

On July 5, 2024, Plaintiff filed a Motion to Disqualify (Doc. No. 21), seeking to

have certain of the defendants’ counsel disqualified and removed from the case. Following

briefing, the Court denied Plaintiff’s request. See Order of Mar. 31, 2025 (Doc. No. 48).

1 Defendants are: State of Oklahoma ex rel. The Board of Regents of the University of

Oklahoma; Michael J. Smith, PharmD; Gary Raskob, PhD; Valerie Williams, PhD; Laura

Stuemky, MD; Ashley Cheyney, PhD; Andrei Belousov, PhD; Katherine O’Neal, PharmD;

and Lori Klimkowski.

Plaintiff then filed a Motion for Relief (Doc. No. 63) from the denial of

disqualification pursuant to Rule 60(b)(3) of the Federal Rules of Civil Procedure. The

Court denied Plaintiff’s Motion for Relief. See Order of Feb. 26, 2026 (the “Rule 60(b)(3)

Order”) (Doc. No. 77).

On April 1, 2025, the Court granted Defendants’ Motion to Dismiss as to Plaintiff’s

federal claims and declined to exercise supplemental jurisdiction over Plaintiff’s state-law

claims. See Olupitan v. Okla. ex rel. Bd. of Regents of Univ. of Okla., No. CIV-24-349-G,

2025 WL 980949, at *7 (W.D. Okla. Apr. 1, 2025), appeal docketed, No. 25-6055 (10th

Cir. Apr. 14, 2025). The Court entered Judgment dismissing this matter without prejudice

the following day. See J. (Doc. No. 51).

II. Plaintiff’s Objection

In her Objection, Plaintiff argues that the Court erred in denying her request for

disqualification of Defendants’ counsel both initially and when ruling on her Rule 60(b)(3)

motion. See Pl.’s Obj. at 1-4.

Liberally construed, Plaintiff’s Objection seeks reconsideration of the Rule 60(b)(3)

Order, which itself denied reconsideration of the denial of disqualification of Defendants’

counsel, pursuant to Rule 60(b) of the Federal Rules of Civil Procedure. “Rule 60(b) allows

a court to ‘relieve a party or its legal representative from a final judgment, order, or

proceeding,’ for certain enumerated reasons.” Waetzig v. Halliburton Energy Servs., Inc.,

145 F.4th 1279, 1282 (10th Cir. 2025) (quoting Fed. R. Civ. P. 60(b)).

As relevant here, the Rule prescribes: “On motion and just terms, the court may

relieve a party . . . from a final . . . order for” “any . . . reason that justifies relief.” Fed. R.

Civ. P. 60(b)(6). Relief under Rule 60(b)(6) is “difficult to attain,” “extraordinary,” and

“may only be granted in exceptional circumstances.” Davis v. Kan. Dep’t of Corr., 507

F.3d 1246, 1248 (10th Cir. 2007) (internal quotation marks omitted); see also Cashner v.

Freedom Stores, Inc., 98 F.3d 572, 580 (10th Cir. 1996) (explaining that relief under Rule

60(b)(6) is appropriate “when circumstances are so unusual or compelling that

extraordinary relief is warranted” “or when it offends justice to deny such relief” (internal

quotation marks omitted)); Servants of the Paraclete v. Does, 204 F.3d 1005, 1009 (10th

Cir. 2000) (“A Rule 60(b) motion is not intended to be a substitute for a direct appeal.”).

In support of her Objection, Plaintiff primarily repeats her previous arguments

regarding the alleged misconduct of Defendants’ counsel and the alleged bias of the Court’s

rulings. See Pl.’s Obj. at 2-4; see also Pl.’s Mot. Relief at 2-12; Pl.’s Mot. to Disqualify at

2-4. “Absent extraordinary circumstances,” however, the basis for a successive Rule 60(b)

motion “must not have been available at the time the first motion was filed.” Servants of

the Paraclete, 204 F.3d at 1012. Plaintiff’s reurging of disqualification arguments, with

“supporting facts [that] were available” when she filed the Rule 60(b)(3) motion, does not

show that it would “offend[] justice to deny” relief or any “exceptional circumstances”

warranting relief. Id.; Davis, 507 F.3d at 1248 (internal quotation marks omitted).

CONCLUSION

IT IS THEREFORE ORDERED that Plaintiff’s request for relief under Federal Rule

of Civil Procedure 60(b)(6) is DENIED. Plaintiff’s Objection (Doc. No. 84) is

OVERRULED.

The Clerk of Court is directed to supplement the appellate record in accordance with

Tenth Circuit Rule 3.2(B).

IT IS SO ORDERED this 14th day of August, 2026.

United States District Judge

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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