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Photo of Oklahoma unified county

Court

Oklahoma unified county

Oklahoma

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Case Information

Filed 2022-07-11
Type Breach Of Contract, Negligence
Docket 115 entries
Disposition Entry of Judgment
Photo of Hon. Estes Burl

Judge

Hon. Estes Burl

Osage County (OK)

Oklahoma

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Lawyers

Docket Entries

  1. PETITION
  2. LENGTHY TRIAL FUND FEE
  3. OK COURT APPOINTED SPECIAL ADVOCATES
  4. 10% OF CASA TO COURT CLERK REVOLVING FUND
  5. OK COUNCIL ON JUDICIAL COMPLAINTS REVOLVING FUND
  6. 10% OF COJC TO COURT CLERK REVOLVING FUND
  7. COURTHOUSE SECURITY FEE
  8. 10% OF CHSC TO COURT CLERK REVOLVING FUND
  9. STATE JUDICIAL REV. FUND INTERPRETER & TRANSLATOR SERVICES
  10. 15% TO DISTRICT COURT REVOLVING FUND
  11. COURT CLERK PRESERVATION FUND
  12. AJE: MONIES DUE THE FOLLOWING AGENCY(IES) REDUCED
  13. AJE: COST DUE TO CARD ALLOCATION FEE
  14. SUMMONS ISSUED BACK TO ATTY FOR SERVICE ON SHERRY LEWIS
  15. SUMMONS ISSUED BACK TO ATTY FOR SERVICE ON JIMMIE D AND
  16. RHONDA L MCGEE REVOCABLE TRUST C/O JAMES MCGEE
  17. SUMMONS ISSUED BACK TO ATTY FOR SERVICE ON JIMMIE D AND
  18. RHONDA L MCGEE REVOCABLE TRUST C/O BRIAN L MITCHELL,
  19. ESSQ
  20. ENTRY OF APPEARANCE AND RESERVATION OF TIME TO PLEAD
  21. ANSWER AND CROSS-CLAIMS
  22. SUMMONS ISSUED BACK TO ATTY FOR SERVICE ON CHARLES
  23. CERT OF RETURN OF SERVICE
  24. AJE: MONIES DUE THE FOLLOWING AGENCY(IES) REDUCED
  25. AJE: COST DUE TO CARD ALLOCATION FEE
  26. CERT OF RETURN OF SERVICE
  27. SPECIAL APPEARANCE AND RESERVATION OF FURTHER TIME TO
  28. PLEAD
  29. ANSWER TO CROSS CLAIM
  30. ANSWER BY CHARLES MCLEAN AND KELLER WILLIAMS PREFERRED
  31. CERTIFICATE OF RETURN OF SERVICE
  32. REQUEST TO SET CASE FOR SCHEDULING CONFERENCE
  33. ORDER SETTING SCHEDULING CONFERENCE
  34. SCHEDULING ORDER
  35. DEFENDANTS JIMMIE D AND RHONDA MCGEE AS TRUSTEES OF THE MCGEE REVOCABLE TRUST'S MOTION FOR SUMMARY JUDGMENT
  36. AJE: COST DUE TO CARD ALLOCATION FEE
  37. AJE: MONIES DUE THE FOLLOWING AGENCY(IES) REDUCED
  38. ENTRY OF APPEARANCE
  39. PLAINTIFF'S RESPONSE AND BRIEF IN OPPOSITION TO DEFENDANT JIMMIE D AND RHONDA L MCGEE REVOCABLE TRUST'S MOTION FOR SUMMARY JUDGMENT BY DEFENDANTS[SIC] JIMMIE D AND RHONDA L MCGEE AS TRUSTEES OF THE MCGEE REVOCABLE TRUST
  40. UNOPPOSED MOTION TO CONTINUE RESPONSE TO MOTION FOR SUMMARY JUDGMENT
  41. DEFENDANT JIMMIE D AND RHONDA L MCGEE REVOCABLE TRUST'S UNOPPOSED APPLICATION FOR LEAVE TO FILE REPLY TO PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
  42. ORDER CONTINUONG RESPONSE DEADLINE
  43. ORDER GRANTING DEFENDANT JIMMIE D AND RHONDA L MCGEE REVOCABLE TRUST'S UNOPPOSED APPLICATION FOR LEAVE TO FILE REPLY TO PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
  44. DEFENDANT JIMMIE D. AND RHONDA L. MCGEE REVOCABLE TRUST'S REPLY TO PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
  45. NOTICE OF DEPOSITION OF JOSHUA R SMITH
  46. UNOPPOSED MOTION TO AMEND SCHEDULING ORDER
  47. UNOPPOSED MOTION TO TO EXTEND RULE 13(D) RESPONSE TIME
  48. ORDER CONTINUING RESPONSE DEADLINE
  49. CHARLES MCLEAN AND KELLER WMS' RESPONSE TO DEFENDANT MCGEE TRUST'S MOTION FOR SUMMARY JUDGMENT
  50. DEFENDANTS JIMMIE D AND RHONDA L MCGEE REVOCABLE TRUST'S UNOPPOSED APPLICATION FOR LEAVE TO FILE REPLY TO DEFENDANT CHARLES MCLEAN'S RESPONSE TO THE TRUST'S MOTION FOR SUMMARY JUDGMENT
  51. ORDER GRANTING DEFENDANTS JIMMIE D AND RHONDA L MCGEE REVOCABLE TRUST'S UNOPPOSED APPLICATION FOR LEAVE TO REPLY TO DEFENDANT CHARLES MCCLEAN'S RESPONSE TO THE TRUST'S MOTION FOR SUMMARY JUDGMENT
  52. CM, BOE, UPON AGREEMENT OF ALL PARTIES THE COURT SETS THIS MATTER FOR PRETRIAL ON NOVEMBER 7, 2023 AT 11:00AM ROOM 203
  53. CT MINUTE
  54. DEFENDANT JIMMIE D AND RHONDA L MCGEE REVOCABLE TRUST'S REPLY TO DEFENDANTS CHARLES MCCLEAN AND ABW TULSA, INC., D/B/A KELLER WILLIAMS REALITY PREFERRED'S RESPONSE TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
  55. ENTRY OF APPEARANCE AS ADDITIONAL COUNSEL OF RECORD
  56. MOTION FOR LEAVE TO WITHDRAW AS ATTORNEY OF RECORD FOR DEFENDANTS CHARLES MCLEAN AND KELLER WILLIAMS PREFERRED
  57. UNOPPOSED MOTION TO EXTEND PRETRIAL CONFERENCE
  58. ORDER GRANTING LEAVE TO WITHDRAW AS ATTORNEY OF RECORD FOR DEFENDANTS CHARLES MCLEAN AND KELLER WILLIAMS PREFERRED
  59. ORDER EXTENDING PRETRIAL CONFERENCE
  60. AMENDED SCHEDULING ORDER
  61. CM. BOE, COUNSEL FOR EACH SIDE APPEARS BY PHONE. CO. FOR THE P ACKNOWLEDGES THAT JOY TATE HAS RECENTLY ENTERED FOR THE D- REALTORS AND IS STILL AWAITING THE COMPLETE FILE CONFIRMING DISCOVERY FROM PLAINTIFF'S COUNSEL. MOTION FOR SUMMARY JUDGMENT AND REPLY BRIEFS SUBMITTED. COUNSEL INFORMS CT. THEY WILL RELY ON MTN AND BRIEFS W/O NEED FOR ORAL ARGUMENT. CO FOR ALL PARTIES TO SUBMITT 2ND AMENDED SCHEDULING ORDER
  62. CT MINUTE
  63. CM, BOE, ATTY JAMES C LINGER FOR PLAINT, BRIAN MITCHELL / JOY TATE FOR DEFT, THIS MATTER COMES ON FOR HEARING ON MOTION FOR SUMMARY JUDGMENT FILED BY D, JIMMIE AND RHONDA L MCGEE REVOCABLE TRUST. COURT HEARS ARGUMENT OF CO AND REVIEWS MTN. MOTION DENIED. PRETRIAL IN THIS MATTER SET FOR FEBRUARY 12, 2024 AT 2:00PM
  64. CT MINUTE
  65. ORDER
  66. PRETRIAL CONFERENCE ORDER
  67. CM, BOE, THIS MATTER COMES ON FOR PRETRIAL. COUNSEL FOR ALL PARTIES PRESENT. FINAL PT ORDER SIGNED BY ALL AND MATTER SET FOR JURY TRIAL 9-23-24 @ 9:00AM. COUNSEL REQUESTS 3 DAYS
  68. CT MINUTE
  69. JOINT MOTION FOR EXPEDITED STATUS CONFERENCE
  70. NOTICE OF DEATH
  71. ORDER SETTING STATUS CONFERENCE
  72. DEFENDANTS CHARLES MCCLEAN AND ABW TULSA, INC., D/B/A KELLER WILLIAMS REALTY PREFERRED'S MOTION IN LIMINE PRECLUDING SPECULATIVE DAMAGES
  73. DEFENDANTS', CHARLES MCLEAN & KELLER WILLIAMS PREFERREDS' COMBINED MOTIONS IN LIMINE (OMNIBUS)
  74. CM, BOE, THIS MATTER COMES BEFORE THE COURT FOR PRETRIAL. PLAINTIFF'S COUNSEL PRESENT BY PHONE, DEFENDANTS' COUNCEL PRESENT BY PHONE. COURT REQUESTS THAT THIS TRIAL BE MOVED FROM THE 23RD OF SEPTEMBER 2024 TO EITHER THE WEEK OF SEPTEMBER 16TH OR WEEK OF OCTOBER 7TH, DUE TO CCOURT'S CONFICT WITH SAID DATE. COUNSEL ANNOUNCES THERE ARE CONFLICTS WITH THOSE DATES AND REQUESTS THAT JURY BE MOVED TO ANOTHER TERM. MR. MICHELL STATES THAT THERE WILL HAVE TO BE SUCCESSORS TRUSTEES TO BE DESIGNATED DUE TO THE SUGGESTION OF DEATH OF DEFENDANT. MOTION IN LIMINE FILED 8/22/24 WILL ALSO NEED TO BE RESPONDED TO. COURT STRIKES JURY TRIAL SET FOR 9/23/24, RESETS PT TO 11/25/24 @ 2:00PM. JURY TRIAL RE-SET TO MAY 5TH, 6TH, AND 7TH, 2025 @ 9:30AM
  75. COURT MINUTE
  76. PLAINTIFF'S RESPONSE AND ONJECTION TO DEFENDANTS CHARLES MCCLEAN'S AND ABW TULSA, INC., D/B/A KELLER WILLIAMS REALTY PREFERRED'S COMBINED MOTIONS IN LIMINE (OMBINUS) AND MOTION IN LIMINE PRECLUDING SPECULATIVE DAMAGES
  77. MOTION TO WITHDRAW AS COUNSEL
  78. ORDER ALLOWING WITHDRAWAL
  79. CM, BOE, THIS MATTER COMES ON FOR PRE-TRIAL. COUNSEL FOR P AND DS PRESENT. CT REVIEWS PLEAINGS AND D'S COMBINED MOTIONS IN LIMINE AND HEARS ARGUMENTS. CT NOTES FROM THE LAST PET SCHEDULING ORDER, THER HAS BEEN SOME CHANGES MADE; NAMELY, NEW WITNESS LISTED, D CO OBJECTS. SPECIFICALLY, DISCLOSED 11/25/24. P CO. ARGUES D CAN DIPOSE THE EXPERTS, CO FOR D MCLEAN OBJECTS LAST STATUS HE WILL SPEAK W/ HIS CLIENT B/C THEY MAY OBJ WISH OT IDENTIFY AND PROVIDE THEIR INPUT. CT ORDEER MEDIATION WITH ALL COUNSEL PRESENT. FINAL PRETRIAL MARCH 18,205 @ 1:30PM
  80. COURT MINUTE
  81. AMENDED PRETRIAL CONFERENCE ORDER
  82. CM; BOE; THIS MATTER COMES ON FOR FINAL PRE-TRIAL. COUNSEL FOR THE PLAINTIFF PRESENT, COUNSEL FOR THE DEFENDANT, MCGEE & MCGEE TRUST IS PRESENT. COUNSEL FOR DEFENDANT KW, JOY TATE, PRESENT. COURT REVIEWS MOTION IN LIMINE FILED BY DEFENDANT. BY COUNSEL MR. SEACREST AND ARGUMENTS PRESENTED BY COUNSEL REGARDING FINAL PT-WITH/EX, LIST. COURT REVIEWS BRIEFS FILED AND FINDS, THE WITNESSES LISTED ON PT ORDER, MORE SPECIFICALLY. PLAINTIFF'S EXHIBITS #14 & #18 (PGS 11&12) STRICKEN, AND PLAINTIFF'S WITNESSES #13 AND #14 (PG 15) STRICKEN, AS THEY WERE ADDED AFTER CUT OFF DATE. AMENDED PT SCHEDULING ORDER SIGNED AND FILED THIS DATE. 4-15-25 ALL TRIAL EXHIBITS DUE, 4-7-25 PROPOSED JURY INST. DUE 5-5-25 @ 9:00AM, 1ST UP. JURY TRIAL. COURT DENIES THE MOTION IN LIMINE @ THIS TIME.
  83. JOINT STIPULATION AS TO DEPOSITION DESIGNATIONS FOR TESTIMONY PURPOSES AS TO THE DEPOSITION OF JIM MCGEE TAKEN ON AUGUST 10TH, 2023.
  84. CORRECTED JOINT STIPULATION AS TO DEPOSITION DESIGNATIONS FOR TESTIMONY PURPOSES AS TO THE DEPOSITION OF JIM MCGEE TAKEN ON AUGUST 10, 2023.
  85. DEFENDANT'S, JIMMY D AND RHONDA L. MCGEE REVOCABLE TRUST, JOINDER IN DEFENDANTS' CHARLES MCCLEAN AND ABW TULSA, INC. KELLER WILLIAMS PREFERRED, PROPOSED JURY INSTRUCTIONS AND DEFENDANT'S JIMMY D. AND RHONDA L. MCGEE REVOCABLE TRUST, ADDITIONAL PROPOSED JURY INSTRUCTIONS
  86. DEFENDANT'S, JIMMIE D. AND RHONDA L. MCGEE REVOCABLE TRUST, DISMISSAL WITH PREJUDICE OF CROSS-CLAIMS AGAINST DEFENDANTS, CHARLES MCLEAN AND ABW TULSA, INC., D/B/A KELLER WILLIAMS REALTY PREFERRED
  87. DEFENDANTS' JOINT TRIAL BRIEF
  88. PLAINTIFF GUY W. DUININCK'S PROPOSED JURY INSTRUCTIONS
  89. JURY INSTRUCTIONS
  90. VERDICT FORM (FOR PLAINTIFF $60,000.00
  91. VERDICT FORM (FOR PLAINTIFF $10,000.00)
  92. CM; BOE; THIS MATTER COMES ON FOR JURY TRIAL. PARTIES ANNOUNCE READY. VOIR DIRE BEGINS, JURY IMPANALED, OATH TO JURY GIVEN. INTRODUCTORY INSTRUCTIONS READ TO JURY OPENING STATEMENT BY PLAINTIFF COUNSEL JAMES LINGER, OPENING BY DEFENSE. BRIAN MITCHELL FOR JIMMIE AND RHONDA MCGEE REVOCABLE TRUST. OPENING BY DEFENSE CHARLES MCLEAN AND ABW/ KELLER WILLIAMS. MR. SEACREST AND MS. JAY TAIT. MATTER TO CONTINUE TO 5-6-25 @ 9:00AM.
  93. CT MINUTE
  94. CM; BOE; SECOND DAY OF JURY TRIAL. PLAINTIFF CASE IN CHIEF PLAINTIFF WITNESS GUY DUININCK, SWORN AND TESTIFIED. PLAINTIFF WITNESS 2) MICHAEL SEEMPE -DISPOSITION OF JIM MCGEE, COURT STIP TO READ PG 30 LINES 16-20 WILL NOT BE READ. S/T THAT WHAT WAS READ WAS TRUE AND CORRECT. PLAINTIFF WITNESS 3) JOSHUA SMITH S/T. PLAINTIFF WITNESS 4) CHARLES MCLEAN S/T. PLAINTIFF EX 4, 92 ACRES. PLAINTIFF ACRES. PLAINTIFF STIP/AD, PREVIOUSLY, PLAINTIFF EX 6. AD WITHOUT OBJECTION. PHONE RECORD = PLAINTIFF TO MCLEAN. KW. DEF- EX TAB 15 BATE STAMP 11.001. DEF- EX TAB 15A BT STAMP 11.002. DEF- EX TAB 6 BT STAMP 5.004. DEF- EX TAB 8 BT STAMP 5.059. DEF- EX TAB 13 BT STAMP 5.089. DEF- EX TAB 14 BT STAMP 5.084. DEF- EX TAB 15 BT STAMP 5.082. DEF- EX TAB 15 BT STAMP 5.070. DEF- EX TAB 20 BT STAMP 5.087. DEF EX TAB 25 BT STAMP 5.74. DEF- EX TAB 22 BT STAMP 5.073. -AD BY PREVIOUS AGGREMENT. JURY EXCUSED FOR THE DAY. TO RESUME 5-7-25 AT 9:30AM.
  95. CT MINUTE
  96. CM; BOE; COMES ON HEARDING DAY 3 OF JURY TRIAL. ALL PARTIES PRESENT AND WITH COUNSEL. ALL ANNOUNCED READY. PLAINTIFF CALLS WITNESS 5) DEBRA FREEMAN S/T. PLAINTIFF EX 11 - AD PREVIOUSLY BY AGREEMENT PLAINTIFF EX 9 - AD WITHOUT OBJECTION. PLAINTIFF EX 8, 9, 10, 11 AD PREVIOUSLY BY AGREEMENT. PLAINTIFF EX 14 AD WITHOUT PLAINTIFF EX 15, 16, AD/WITHOUT PLAINTIFF EX 17- AD JOINT STIP OF DEPOSITION. (REMOVED FROM JURY BOX) PLAINTIFF EX 18 - EXCLUDED BY COURT @ PRE-TRIAL. COURT MARKS DEPOSITION OF MR. MCGEE. COURT EX "A". PLAINTIFF RESTS. DEFENDANT MOVES FOR A DIRECTED VERDICT - COURT DENIES. COURT EXCUSES JURY FOR THE DAY TO AGREE ON PROPOSED JURY INSTRUCTION TO RECONVIENCE FOR READING OF CLOSING INSTRUCTIONS AND CLOSING ARGUMENTS 5-8-25 @ 9:30AM.
  97. CT MINUTE
  98. CM; BOE; COMES ON FOR DAY 4 OF JURY TRIAL. PARTIES PRESENT AND COUNSEL ANNOUNCES READY. CLOSING INSTRUCTIONS READ. CLOSING BY PLAINTIFF'S COUNSEL. CLOSING BY MR. WILSON FOR MCGEE TRUST; CLOSING BY MCLEAN/KELLER WILLIAMS COUNSEL., ALTERNATE RELEASED, JURY DELIBERATES START AT 11:55AM. 1:10PM VERDICT REACHED. INSTRUCTIONS AND VERDICT FORMS PROVIDED TO COURT CLERK FOR FILING. JURY RELEASED.
  99. CT MINUTE
  100. CM; BOE; MATTER IS COMING ON FOR STATUS, BOTH PARTIES COUNSEL IS PRESENT. CONTROL DATE SET FOR 8-6-25 @ 10:00AM WILL BE STRICKEN IF ORDER IS SUBMITTED.
  101. CT MINUTE
  102. JOURNAL ENTRY OF JUDGMENT
  103. RELEASE AND SATISFACTION OF JUDGMENT

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