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/


Judge(s)

Frizzell, Gregory Kent (Oklahoma)

Attorney for Plaintiff

Ago, Arthur Emmanuel (Oklahoma)

Braden, Myesha (Oklahoma)

Bryan, John Spencer (Oklahoma)

Fowler, John (Oklahoma)

Attorney for Defendant

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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 2019

48

4:19-cv-00234

Opinion and Order

Nov. 14, 2019

Nov. 14, 2019

Order/Opinion

2019 WL 2019

4:19-cv-00234

Order

Jan. 23, 2020

Jan. 23, 2020

Order/Opinion

2020 WL 2020

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 2023

Resources

Docket

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

Last updated April 6, 2024, 3:17 a.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

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2 Exhibit 2 - Docket Sheet

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3 Exhibit 3 - Summons

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4 Exhibit 4 - Motion to Associate Counsel

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5 Exhibit 5 - Motion to Associate Counsel

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6 Exhibit 6 - Order Admitting to Practice

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7 Exhibit 7 - Order Admitting to Practice

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8 Exhibit 8 - Order Admitting to Practice

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9 Exhibit 9 - Recusal And Request For Reassignment

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10 Exhibit 10 - Summons

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11 Exhibit 11 - Notice of Service

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12 Exhibit 12 - Motion to Associate Counsel

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13 Exhibit 13 - Motion to Associate Counsel

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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

May 9, 2019

May 9, 2019

PACER
9

Disclosure Statement (Corporate)

May 9, 2019

May 9, 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

Clearinghouse
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

Clearinghouse
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

Clearinghouse
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
96

SCHEDULING ORDER by Judge John F Heil, III (amended) ; setting/resetting scheduling order date(s): ( Dispositive Motions due by 1/25/2021, Discovery due by 2/8/2021, Proposed Pretrial Order due by 6/21/2021, Pretrial Conference set for 6/28/2021 at 01:30 PM before Judge John F Heil III); granting 95 Motion to Accelerate/Extend/Reset Hearing(s)/Deadline(s) (pll, Dpty Clk) Modified on 12/10/2020 to correct pretrial time (pll, Dpty Clk). (Entered: 11/25/2020)

Nov. 25, 2020

Nov. 25, 2020

PACER
97

Unopposed MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s) Amend Scheduling Order to extend dispositive motion deadline (Re: 96 Scheduling Order,, Setting/Resetting Scheduling Order Date(s),, Ruling on Motion to Accelerate/Extend/Reset Hearing(s)/Deadline(s), ) by Sharonica Carter, Amanda Feenstra (Terrill, Steven) (Entered: 01/15/2021)

Jan. 15, 2021

Jan. 15, 2021

PACER
98

MINUTE ORDER by Judge John F Heil, III : Extending the dispositive motion deadline ; setting/resetting scheduling order date(s): ( Dispositive Motions due by 2/22/2021); granting 97 Motion to Accelerate/Extend/Reset Hearing(s)/Deadline(s) (This entry is the Official Order of the Court. No document is attached.) (pll, Dpty Clk) (Entered: 01/19/2021)

Jan. 19, 2021

Jan. 19, 2021

PACER
99

Joint MOTION for Leave to Exceed Page Limitation by Jared Sigler, Linda Thomas, Russell Vaclaw (Pederson, Devan) (Entered: 02/16/2021)

Feb. 16, 2021

Feb. 16, 2021

PACER
100

MINUTE ORDER by Judge John F Heil, III ; granting 99 Motion for Leave to Exceed Page Limitation (This entry is the Official Order of the Court. No document is attached.) (clb, Dpty Clk) (Entered: 02/17/2021)

Feb. 17, 2021

Feb. 17, 2021

PACER
101

MOTION for Summary Judgment and Brief in Support by Oklahoma Indigent Defense System, Oklahoma Indigent Defense System Board of Directors, Craig Sutter (With attachments) (Williford, Jon) (Entered: 02/22/2021)

1 Exhibit Amended Complaint

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2 Exhibit Sharonica Carter's OSCN Case Detail

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3 Exhibit Plea of Guilty Summary of Facts

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4 Exhibit Amanda Feenstra Depo

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5 Exhibit Sharonica Carter Depo

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6 Exhibit Craig Sutter Depo

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Feb. 22, 2021

Feb. 22, 2021

RECAP
102

MOTION for Summary Judgment and Brief in Support by Jared Sigler, Linda Thomas, Russell Vaclaw (With attachments) (Lawson, Stefanie) (Entered: 02/22/2021)

1 Exhibit

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3 Exhibit

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Feb. 22, 2021

Feb. 22, 2021

RECAP
103

MOTION for Partial Summary Judgment by Sharonica Carter, Amanda Feenstra [Note: Attorney Michael Lacovara added to party Sharonica Carter(pty:pla), Attorney Michael Lacovara added to party Amanda Feenstra(pty:pla).] (With attachments) (Lacovara, Michael) (Entered: 02/22/2021)

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42 Appendix

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Feb. 22, 2021

Feb. 22, 2021

RECAP
104

MOTION for Partial Summary Judgment [CORRECTING DKT 103] by Sharonica Carter, Amanda Feenstra (Lacovara, Michael) (Entered: 02/23/2021)

Feb. 23, 2021

Feb. 23, 2021

RECAP
105

Joint MOTION for Extension of Time to Respond to Motion / Joint Motion to Extend Summary Judgment Briefing Deadlines (Re: 104 MOTION for Partial Summary Judgment [CORRECTING DKT 103], 102 MOTION for Summary Judgment and Brief in Support, 101 MOTION for Summary Judgment and Brief in Support ) by Sharonica Carter, Amanda Feenstra (Lacovara, Michael) Modified on 3/8/2021; this is a two-part motion of which one part was filed - see 106 for Motion to Accelerate/Extend/Reset Hearings/Deadlines (sac, Dpty Clk). (Entered: 03/05/2021)

March 5, 2021

March 5, 2021

PACER
106

MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s) (submitted as part of 105 ) by Sharonica Carter, Amanda Feenstra (sac, Dpty Clk) (Entered: 03/08/2021)

March 5, 2021

March 5, 2021

PACER

NOTICE of Docket Entry Modification; Error: this is a two-part motion of which one part was efiled; Correction: efiled Motion to Accelerate/Extend/Reset Hearings/Deadlines - see 106 (Re: 105 Joint MOTION for Extension of Time to Respond to Motion / Joint Motion to Extend Summary Judgment Briefing Deadlines ) (sac, Dpty Clk)

March 8, 2021

March 8, 2021

PACER
107

MINUTE ORDER by Judge John F Heil, III : granting the parties an extension of time to respond ; setting/resetting deadline(s)/hearing(s): ( Responses due by 3/29/2021, Replies due by 4/19/2021); granting 105 Motion for Extension of Time to Respond to Motion (Re: 103 MOTION for Partial Summary Judgment, 104 MOTION for Partial Summary Judgment [CORRECTING DKT 103], 102 MOTION for Summary Judgment and Brief in Support, 101 MOTION for Summary Judgment and Brief in Support ) (This entry is the Official Order of the Court. No document is attached.) (clb, Dpty Clk) (Entered: 03/09/2021)

March 9, 2021

March 9, 2021

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108

SCHEDULING ORDER by Judge John F Heil, III ; setting/resetting scheduling order date(s): ( Proposed Pretrial Order due by 8/23/2021, Pretrial Conference set for 8/31/2021 at 02:30 PM before Judge John F Heil III, Jury Trial set for 9/20/2021 at 09:00 AM before Judge John F Heil III); granting 106 Motion to Accelerate/Extend/Reset Hearing(s)/Deadline(s) (clb, Dpty Clk) (Entered: 03/09/2021)

March 9, 2021

March 9, 2021

PACER
109

SETTLEMENT CONFERENCE STATUS REPORT by Adjunct Settlement Judge by ASJ R. Scott Savage advising the litigation did not settle., striking/terminating deadline(s)/Hearing(s) (LML, Chambers) (Entered: 03/10/2021)

March 10, 2021

March 10, 2021

PACER
110

RESPONSE in Opposition to Motion (Re: 102 MOTION for Summary Judgment and Brief in Support ) by Sharonica Carter, Amanda Feenstra ; (With attachments) (Lacovara, Michael) (Entered: 03/29/2021)

March 29, 2021

March 29, 2021

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111

RESPONSE in Opposition to Motion (Re: 101 MOTION for Summary Judgment and Brief in Support ) by Sharonica Carter, Amanda Feenstra ; (With attachments) (Lacovara, Michael) (Entered: 03/29/2021)

March 29, 2021

March 29, 2021

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112

RESPONSE in Opposition to Motion (Re: 104 MOTION for Partial Summary Judgment [CORRECTING DKT 103], 103 MOTION for Partial Summary Judgment ) by Jared Sigler, Linda Thomas, Russell Vaclaw ; (With attachments) (Pederson, Devan) (Entered: 03/29/2021)

March 29, 2021

March 29, 2021

PACER
113

REPLY to Response to Motion (Re: 101 MOTION for Summary Judgment and Brief in Support ) by Oklahoma Indigent Defense System, Oklahoma Indigent Defense System Board of Directors, State of Oklahoma, Craig Sutter ; (Williford, Jon) (Entered: 04/12/2021)

April 12, 2021

April 12, 2021

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114

REPLY to Response to Motion (Re: 102 MOTION for Summary Judgment and Brief in Support ) by Jared Sigler, Linda Thomas, Russell Vaclaw ; (Pederson, Devan) (Entered: 04/12/2021)

April 12, 2021

April 12, 2021

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115

REPLY to Response to Motion (Re: 104 MOTION for Partial Summary Judgment [CORRECTING DKT 103] ) by Sharonica Carter, Amanda Feenstra ; (With attachments) (Lacovara, Michael) (Entered: 04/19/2021)

1 Appendix of Unpublished Authority Cited

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April 19, 2021

April 19, 2021

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116

NOTICE of Change of Address by Michael Lacovara by on behalf of Sharonica Carter, Amanda Feenstra (Lacovara, Michael) (Entered: 05/04/2021)

May 4, 2021

May 4, 2021

PACER
117

NOTICE of Change of Address by Lilia B. Vazova by on behalf of Sharonica Carter, Amanda Feenstra [Note: Attorney Lilia B. Vazova added to party Sharonica Carter(pty:pla), Attorney Lilia B. Vazova added to party Amanda Feenstra(pty:pla).] (Vazova, Lilia) (Entered: 05/04/2021)

May 4, 2021

May 4, 2021

PACER
118

DESIGNATIONS (DEPOSITION/INTERROGATORY) re: deposition/interrogatories of Glenda Powell, Warren Craig Sutter, Halee Lawrence by Sharonica Carter, Amanda Feenstra (Lacovara, Michael) (Entered: 05/24/2021)

May 24, 2021

May 24, 2021

PACER
119

DESIGNATIONS (DEPOSITION/INTERROGATORY) re: deposition/interrogatories of Jared Sigler, Linda Thomas by Jared Sigler, Linda Thomas, Russell Vaclaw (Pederson, Devan) (Entered: 05/24/2021)

May 24, 2021

May 24, 2021

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120

COUNTER DEPOSITION DESIGNATIONS by Jared Sigler, Linda Thomas, Russell Vaclaw (Pederson, Devan) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

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121

ATTORNEY APPEARANCE by Jacqueline R Zamarripa on behalf of Oklahoma Indigent Defense System, Oklahoma Indigent Defense System Board of Directors, Craig Sutter [Note: Attorney Jacqueline R Zamarripa added to party Oklahoma Indigent Defense System(pty:dft), Attorney Jacqueline R Zamarripa added to party Oklahoma Indigent Defense System Board of Directors(pty:dft), Attorney Jacqueline R Zamarripa added to party Craig Sutter(pty:dft).] (Zamarripa, Jacqueline) (Entered: 06/04/2021)

June 4, 2021

June 4, 2021

PACER
122

MOTION to Substitute Attorney Jacqueline Zamarripa for Jon Williford by Oklahoma Indigent Defense System, Oklahoma Indigent Defense System Board of Directors, Craig Sutter (Zamarripa, Jacqueline) (Entered: 06/04/2021)

June 4, 2021

June 4, 2021

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123

MINUTE ORDER by Judge John F Heil, III : Certain Defendants' motion to substitue counsel is granted ; adding attorney Jacqueline R Zamarripa for Oklahoma Indigent Defense System,Jacqueline R Zamarripa for Oklahoma Indigent Defense System Board of Directors,Jacqueline R Zamarripa for State of Oklahoma,Jacqueline R Zamarripa for Craig Sutter terminating attorney Jon M Williford ; granting 122 Motion to Substitute Attorney (This entry is the Official Order of the Court. No document is attached.) (pll, Dpty Clk) (Entered: 06/04/2021)

June 4, 2021

June 4, 2021

PACER
124

Joint MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s) to File Objections to Deposition Designations and to Submit Annotated Transcripts (Re: 108 Scheduling Order,, Setting/Resetting Scheduling Order Date(s),, Ruling on Motion to Accelerate/Extend/Reset Hearing(s)/Deadline(s), ) by Oklahoma Indigent Defense System, Oklahoma Indigent Defense System Board of Directors, Jared Sigler, State of Oklahoma, Craig Sutter, Linda Thomas, Russell Vaclaw (Pederson, Devan) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

PACER
125

MINUTE ORDER by Judge John F Heil, III : Granting in part the joint motion re: deposition designations. If a party determines that a witness will be unavailable to testify at trial, the party is to notify the Court and a deadline to file deposition designations will be set. ; granting in part and denying in part 124 Motion to Accelerate/Extend/Reset Hearing(s)/Deadline(s) (This entry is the Official Order of the Court. No document is attached.) (pll, Dpty Clk) (Entered: 06/11/2021)

June 11, 2021

June 11, 2021

PACER
126

Unopposed MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s) by Oklahoma Indigent Defense System, Oklahoma Indigent Defense System Board of Directors, State of Oklahoma, Craig Sutter (Zamarripa, Jacqueline) (Entered: 07/23/2021)

July 23, 2021

July 23, 2021

RECAP
127

MINUTE ORDER by Chief Judge John F Heil, III : striking scheduling order ; striking/terminating deadline(s)/Hearing(s); denying 126 Motion to Accelerate/Extend/Reset Hearing(s)/Deadline(s) (pll, Dpty Clk) (Entered: 07/28/2021)

July 28, 2021

July 28, 2021

RECAP
128

MOTION to Withdraw Attorney(s) John Fowler by Sharonica Carter, Amanda Feenstra, Lonnie Feenstra (Terrill, Steven) (Entered: 08/17/2021)

Aug. 17, 2021

Aug. 17, 2021

PACER
129

MINUTE ORDER by Chief Judge John F Heil, III : Granting plaintiffs' motion to withdraw attorney ; terminating attorney John Fowler ; granting 128 Motion to Withdraw Attorney(s) (This entry is the Official Order of the Court. No document is attached.) (pll, Dpty Clk) (Entered: 08/18/2021)

Aug. 18, 2021

Aug. 18, 2021

PACER
130

MAIL to Leah Wong, Michael Lacovara, and Lilia Vazova Returned - remailed on 08/19/2021 to 1271 Avenue of the Americas New York, NY 10020 - new address obtained from docket sheet. (Re: 127 Minute Order, Striking/Terminating Deadline(s)/Hearing(s), Ruling on Motion to Accelerate/Extend/Reset Hearing(s)/Deadline(s) ) (ll, Dpty Clk) (Entered: 08/19/2021)

Aug. 19, 2021

Aug. 19, 2021

PACER
131

MAIL to Leah Wong Returned - remailed on 08/30/2021 to 1271 Avenue of the Americas New York, NY 10020 - new address obtained from Dkt# 130 . (Re: 129 Minute Order,, Adding/Terminating Attorney(s),, Ruling on Motion to Withdraw Attorney(s), ) (ll, Dpty Clk) (Entered: 08/30/2021)

Aug. 30, 2021

Aug. 30, 2021

PACER
132

MOTION to Withdraw Attorney(s) Leah Wong by Sharonica Carter, Amanda Feenstra (Vazova, Lilia) (Entered: 09/03/2021)

Sept. 3, 2021

Sept. 3, 2021

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:

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