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Photo of Oklahoma unified county

Court

Oklahoma unified county

Oklahoma

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Case Information

Filed 2022-12-22
Type Nuisance
Docket 143 entries
Disposition SETTLEMENT
Photo of Hon. Civil Docket A

Judge

Hon. Civil Docket A

Oklahoma unified county

Oklahoma

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Lawyers

Docket Entries

  1. CIVIL RELIEF MORE THAN $10,000 INITIAL FILING.
  2. INVASION OF PRIVACY
  3. DISPUTE MEDIATION FEE
  4. PETITION
  5. LAW LIBRARY FEE
  6. OKLAHOMA COURT INFORMATION SYSTEM REVOLVING FUND
  7. OKLAHOMA COUNCIL ON JUDICIAL COMPLAINTS REVOLVING FUND
  8. OKLAHOMA COURT APPOINTED SPECIAL ADVOCATES
  9. SHERIFF'S SERVICE FEE FOR COURTHOUSE SECURITY PER BOARD OF COUNTY COMMISSIONER
  10. COURT CLERK ADMINISTRATIVE FEE ON COURTHOUSE SECURITY PER BOARD OF COUNTY COMMISSIONER
  11. COURT CLERK ADMINISTRATIVE FEE ON $1.55 COLLECTION
  12. STATE JUDICIAL REVOLVING FUND - INTERPRETER AND TRANSLATOR SERVICES
  13. DISTRICT COURT ADMINISTRATIVE FEE ON $1.55 COLLECTIONS
  14. DISTRICT COURT ADMINISTRATIVE FEE ON $5 COLLECTIONS
  15. DISTRICT COURT ADMINISTRATIVE FEE ON COURTHOUSE SECURITY PER BOARD OF COUNTY COMMISSIONER
  16. COURT CLERK'S RECORDS MANAGEMENT AND PRESERVATION FEE
  17. COURT CLERK ADMINISTRATIVE FEE ON COLLECTIONS
  18. LENGTHY TRIAL FUND
  19. SUMMONS FEE (CLERKS FEE)
  20. SUMMONS ISSUED - MAILED BY ATTORNEY
  21. SUMMONS ISSUED - PRIVATE PROCESS SERVER
  22. MOTION FOR TEMPORARY RESTRAINING ORDER AND TEMPORARY INJUNCTION / A TO J
  23. OCIS HAS AUTOMATICALLY ASSIGNED JUDGE CIVIL DOCKET A TO THIS CASE.
  24. RECEIPT # 2022-4436140 ON 12/22/2022. PAYOR: RIGGS ABNEY NEAL TURPEN ORBISON & LEWIS TOTAL AMOUNT PAID: $ 252.14. LINE ITEMS: CJ-2022-3880: $173.00 ON AC01 CLERK FEES. CJ-2022-3880: $6.00 ON AC23 LAW LIBRARY FEE CIVIL AND CRIMINAL. CJ-2022-3880: $1.66 ON AC31 COURT CLERK REVOLVING FUND. CJ-2022-3880: $5.00 ON AC58 OKLAHOMA COURT APPOINTED SPECIAL ADVOCATES. CJ-2022-3880: $1.55 ON AC59 COUNCIL ON JUDICIAL COMPLAINTS REVOLVING FUND. CJ-2022-3880: $7.00 ON AC64 DISPUTE MEDIATION FEES CIVIL ONLY. CJ-2022-3880: $0.45 ON AC65 STATE JUDICIAL REVOLVING FUND, INTERPRETER SVCS. CJ-2022-3880: $2.48 ON AC67 DISTRICT COURT REVOLVING FUND. CJ-2022-3880: $25.00 ON AC79 OCIS REVOLVING FUND. CJ-2022-3880: $10.00 ON AC81 LENGTHY TRIAL FUND. CJ-2022-3880: $10.00 ON AC88 SHERIFF’S SERVICE FEE FOR COURT HOUSE SECURITY. CJ-2022-3880: $10.00 ON AC89 COURT CLERK'S RECORDS MANAGEMENT AND PRESERVATION FEE.
  25. GLASSCO, KURT FOR JUDGE NIGHTINGALE: TEMPORARY RESTRAINING ORDER ENTERED . HEARING ON TEMPORARY RESTRAINING ORDER AND TEMPORARY INJUNCTION SET FOR 01/05/2023 AT 2:00PM, IN COURT ROOM 708. ((ORDER PLACED IN JUDGES OUTBOX TO BE PICKUP FOR FILING.))
  26. AFFIDAVIT OF THOMAS M. ASKEW
  27. TEMPORARY RESTRAINIG ORDER
  28. NIGHTINGALE, REBECCA; ORDER STRIKING HEARING OF JANUARY 5, 2023 AND RESETTING HEARING FOR A LATER DATE ENTERED. HEARING SET 01/05/2023 AT 2:00PM IS STRICKEN AND RESET FOR 02/02/2023 AT 10:00 AM. ((ORDER PLACED IN JUDGES OUTBOX TO BE PICKED UP FOR FILING))
  29. PLAINTIFFS' MOTION TO STRIKE HEARING SET FOR JANUARY 5, 2023 AN RESET HEARING TO SHOW CAUSE REGARDING TEMPORARY INJUNCTION
  30. ORDER STRIKING HEARING ON JANUARY 5,2023 AND RESETTING HEARING FOR A LATER DATE / HEARING STRICKEN AND SET FOR 2-2-23 @ 10 AM IN
  31. NOTICE TO THE COURT
  32. ENTRY OF APPEARANCE / ZACHARY ENLOW ENTERING AS COUNSEL / CERTIFICATE OF SERVICE
  33. CLERKS NOTE; AMANDA CONNOR WITH PLAINTIFFS COUNSEL PHONED AND STATED BY AGREEMENT STRIKES THE HEARING SET 2/2/2023. PARTIES WILL BE ATTENDING MEDIATION.
  34. NIGHTINGAL, REBECCA; ORDER STRIKING HEARING ENTERED. UPON REQUEST OF THE PLAINTIFFS AD BEING ADVISED THAT MEDIATION IS SET ON 02/16/2023. HEARING SET IN MATTER FOR 02/02/2023 AT 10:00AM SHOULD BE STRICKEN. ORDER PLACED IN JUDGE'S OUTBOX TO BE PICKED UP FOR FILING.
  35. ORDER STRIKING HEARING / MEDIATION IS SET ON 2-16-23 / HEARING SET IN THIS MATTER FOR 2-2-23 @ 10 AM SHOULD BE STRICKEN
  36. ANSWER / TO THE PLAINTIFF IN RESPONSE TO CHANGE ABOUT THE MEDIATION / CERTIFICATE OF SERVICE
  37. LETTER / TO: JUDGE NIGHTINGALE / FROM: LINDA MORRISSEY ; MEDIATION BY MORRISEY THROUGH DRC
  38. PLAINTIFFS' MOTION TO ENFORCE SETTLEMENT AGREEMENT / CERTIFICATE OF SERVICE
  39. DEFENDANT'S RESPONSE TO THE MOTION TO ENFORCE / CERTIFICATE OF SERVICE
  40. NIGHTINGALE, REBECCA; ORDER SETTING HEARING ENTERED. HEARING IS SET FOR 08/08/2023 AT 10:00 A.M. IN COURTROOM 708. ((CLERK FILED ORDER AND MAILED A COPY TO ZACHARY ENLOW AND KENNETH SMITH.))
  41. ORDER SETTING HEARING / ON 8-8-23 @ 10 AM IN COURTROOM 708 / AFFIDAVIT OF MAILING
  42. NIGHTINGALE, REBECCA HEARING HELD; KEN SMITH APPEARS WITH PLAINTIFF'S LAURA FRY AND JASON JONES; ZACHARY ENLOW APPEARS WITH DEFENDANT, MICHAEL OLINGER; MOTION GRANTED IN PART AND DENIED IN PART.
  43. MOTION OF PLAINTIFFS TO COMPEL EXECUTION OF SETTLEMENT AGREEMENT BY DEFENDANT / CERTIFICATE OF SERVICE
  44. ENTRY OF APPEARANCE AND NOTICE OF SUBSTITUTION OF COUNSEL / K KATHLEEN PENCE AND DAVID B FULLER ENTERING AS COUNSEL / CERTIFICATE OF SERVICE
  45. MOTION FOR EXTENSION OF TIME TO RESPOND TO THE MOTION OF PLAINTIFFS TO COMPEL / CERTIFICATE OF SERVICE / A - J
  46. NIGHTINGALE, REBECCA ORDER FOR EXTENSION OF TIME ENTERED; DEFENDANTS MOTION FOR EXTENSION OF TIME TO RESPOND TO MOTION OF PLAINTIFFS TO COMPEL IS GRANTED; THE MOTION FOR EXTENSION OF TIME IS HEREBY GRANTED AND A RESPONSE TO THE PLAINTIFFS MOTION TO COMPEL SHALL BE DUE 10 DAYS FROM THE DATE OF THIS ORDER. ((CLERK PLACED ORDER IN JUDGE'S OUTBOX TO BE PICKED UP FOR FILING.))
  47. ORDER FOR EXTENSION OF TIME
  48. AFFIDAVIT OF MAILING / ORDER FOR EXTENSION OF TIME
  49. ANSWER TO MOTION OF PLAINTIFFS TO COMPEL EXECUTION OF SETTLEMENT AGREEENT BY DEFENDANT / CERTIFICATE OF SERVICE
  50. NIGHTINGALE, REBECCA ORDER ON MOTION OF PLAINTIFFS TO COMPEL EXECUTION OF SETTLEMENT AGREEMENT BY DEFENDANT ENTERED; MOTION OF PLAINTIFFS TO COMPEL EXECUTION OF SETTLEMENT AGREEMENT BY DEFENDANT IS DENIED; SHEDULING CONFERENCE IS SET FOR 02/07/2024 AT 10:45 A.M. IN COURTROOM 708. ((CLERK FILED ORIGINAL ORDER AND MAILED A COPY TO ZACHARY ENLOW, DAVID FULLER, KATHLEEN PENCE AND KENNETH SMITH.))
  51. ORDER ON MOTION OF PLAINTIFFS TO COMPEL EXECUTION OF SETTLEMENT AGREEMENT BY DEFENDANT / AFFIDAVIT OF MAILING
  52. NIGHTINGALE, REBECCA SCHEDULING ORDER ENTERED; PRETRIAL CONFERENCE IS SET FOR 09/04/2024 AT 10:00 A.M. IN COURTROOM 708; SCHEDULING CONFERENCE SET FOR 02/07/2024 AT 10:45 A.M. IS STRICKEN. ((CLERK PLACED ORDER IN JUDGE'S OUTBOX TO BE PICKED UP FOR FILING.))
  53. SCHEDULING ORDER / ENTERED ON 1-19-24
  54. AFFIDAVIT OF MAILING / SCHEDULING ORDER
  55. AMENDED AND RESTATED PETITION
  56. PLAINTIFFS' PRELIMINARY WITNESS AND EXHIBIT LIST / CERTIFICATE OF MAILING
  57. DEFENDANT OLINGER'S ANSWER & COUNTER CLAIM TO PLAINTIFF'S AMENDED AND RESTATED PETITION
  58. NOTICE OF VERIFICATION / CERTIFICATE OF SERVICE
  59. PLAINTIFFS' ANSWER TO DEFENDANT'S COUNTERCLAIM / CERTIFICATE OF MAILING
  60. MOTION TO MOFIDY SCHEDULING ORDER / A TO J / CERTIFICATE OF SERVICE
  61. MOTION TO SET ASIDE RESTRAINING ORDER / A TO J / CERTIFICATE OF SERVICE
  62. RESPONSE TO MOTION TO SET ASIDE TEMPORARY RESTRAINING ORDER / A TO J / CERTIFICATE OF MAILING
  63. OBJECTION TO MOTION TO MODIFYSCHEDULING ORDER / CERTIFICATE OF MAILING
  64. NIGHTINGALE, REBECCA ORDER ON MOTION TO SET ASIDE RESTRAINING ORDER ENTERED; MOTION TO SET ASIDE RESTRAINING ORDER IS DENIED. ((CLERK FILED ORDER AND MAILED A COPY TO ZACHARY ENLOW, DAVID FULLER, KATHLEEN PENCE AND KENNETH SMITH.))
  65. NIGHTINGALE, REBECCA ORDER ON MOTION TO MODIFY SCHEDULING ORDER ENTERED; MOTION TO MODIFY SCHEDULING ORDER IS DENIED. ((CLERK FILED ORDER AND MAILED A COPY TO ZACHARY ENLOW, DAVID FULLER, KATHLEEN PENCE AND KENNETH SMITH.))
  66. ORDER DENYING MOTION TO MODIFY SCHEDULING ORDER
  67. ORDER DENYING MOTION TO SET ASIDE RESTRAINING ORDER
  68. DEFENDANT'S MOTION FOR NEW SCHEDULING ORDER / CERTIFICATE OF SERVICE / A - J
  69. NIGHTINGALE, REBECCA ORDER SETTING HEARING ON DEFENDANT'S MOTION FOR NEW SCHEDULING ORDER ENTERED; IT IS HEREBY ORDERD THAT THE HEARING OF DEFENDANT'S MOTION FOR NEW SCHEDULING ORDER IS HEREBY SET ON 09/04/2024 AT 10:00 A.M. IN COURTROOM 708; PRETRIAL IS SET FOR SAME DATE AND TIME IS STRICKEN. ((CLERK PLACED ORDER IN JUDGE'S OUTBOX TO BE PICKED UP FOR FILING.))
  70. ORDER SETTING HEARING ON DEFENDANT'S MOTION FOR NEW SCHEDULING ORDER / HEARING SET ON 9-4-24 @10 AM IN COURTROOM 708 / PRETRAOL SERT FOR SAME DATE AND TIME IS STRICKEN
  71. NIGHTINGALE, REBECCA; CASE COMES ON FOR HEARING ON MOTION FOR NEW SCHEDULING ORDER; KENNETH SMITH APPEARS FOR PLAINTIFF; KATHLEEN PENCE APPEARS FOR DEFENDANT; MOTION FOR NEW SCHEDULING ORDER GRANTED OVER PLAINTIFFS OBJECTION SCHEDULING ORDER ENTERED. PRETRIAL CONFERENCE SET 1/7/25 @ 11 A.M. IN COURT ROOM 708. JURY TRIAL SET 2/10/25 AT 9:00 A.M. IN COURT ROOM 708. BAILIFF GAVE SCHEDULING ORDER TO COUNSEL FOR FILING.
  72. SCHEDULING ORDER
  73. AFFIDAVIT OF MAILING
  74. DEFENDANT MICHAEL T. ONLINGER'S PRELIMINARY WITNESS AND EXHIBIT LIST / CERTIFICATE OF SERVICE
  75. NOTICE OF SUBPOENA / CERTIFICATE OF SERVICE
  76. LIS PENDENS / CERTIFICATE OF SERVICE
  77. MOTION FOR SUMMARY JUDGMENT
  78. AFFIDAVIT OF BRETT WEITKAMP
  79. JOINT AFFIDAVIT OF PLAINTIFFS IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT ON THEIR SECOND CLAIM FOR RELIEF
  80. RECEIPT # 2024-4713023 ON 12/26/2024. PAYOR: RIGGS ABNEY NEAL TURPEN ORBISON & LEWIS TOTAL AMOUNT PAID: $ 50.00. LINE ITEMS: CJ-2022-3880: $50.00 ON AC01 CLERK FEES.
  81. MOTION TO EXTEND DEADLINE TO FILE DISPOSITIVE MOTIONS / CERTIFICATE OF SERVICE
  82. NIGHTINGALE, REBECCA ORDER GRANTING MOTION TO EXTEND DEADLINE TO FILE DISPOSITIVE MOTIONS ENTERED; DEFENDANT MICHAEL T. OLINGER'S MOTION TO EXTEND DEADLINE TO FILE DISPOSITIVE MOTIONS IS HEREBY GRANTED AND THE DEADLINE BY WHEN TO FILE DISPOSITIVE MOTIONS IS SET FOR JANUARY 6, 2025. ((CLERK PLACED ORDER IN JUDGE'S OUTBOX TO BE PICKED UP FOR FILING.))
  83. JOINT MOTION TO RESET PRETRIAL CONFERENCE ORDER / CERTIFICATE OF SERVICE
  84. ORDER GRANTING MOTION TO EXTEND DEADLINE TO FILE DISPOSITIVE MOTIONS
  85. NIGHTINGALE, REBECCA ORDER GRANTING JOINT MOTION TO RESET PRETRIAL CONFERENCE ORDER ENTERED; PRETRIAL CONFERENCE SET FOR 01/07/2025 IS NOW RESET FOR 02/03/2025 AT 9:30 A.M. IN COURTROOM 708. ((CLERK PLACED ORDER IN JUDGE'S OUTBOX TO BE PICKED UP FOR FILING.))
  86. DEFENDANTS MOTION FOR SUMMARY JUDGMENT
  87. RECEIPT # 2025-4716581 ON 01/06/2025. PAYOR: PENCE LAW FIRM TOTAL AMOUNT PAID: $ 50.00. LINE ITEMS: CJ-2022-3880: $50.00 ON AC01 CLERK FEES.
  88. ORDER GRANTING MOTION TO RESET PRETRIAL CONFERENCE ORDER
  89. DEFENDANT OLINGER'S UNOPPOSED MOTION FOR EXTENSION OF TIME / CERTIFICATE OF SERVICE
  90. NIGHTINGALE, REBECCA ORDER GRANTING DEFENDANT OLINGER'S UNOPPOSED MOTION FOR EXTENSION OF TIME ENTERED; IT IS THEREFORE ORDERED, ADJUDGED AND DECREED THAT DEFENDANT OLINGER'S UNOPPOSED MOTION FOR EXTENSION OF TIME IS HEREBY GRANTED; DEFENDANT OLINGER'S RESPONSIVE DEADLINE FOR PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT IS SET FOR JANUARY 17, 2025. ((CLERK PLACED ORDER IN JUDGE'S OUTBOX TO BE PICKED UP FOR FILING.))
  91. ORDER GRANTING DEFENDANT OLIGER'S UNOPPOSED MOTION FOR EXTENSION OF TIME
  92. NOTICE OF CHANGE OF ADDRESS / CERTIFICATE4 OF SERVICE / C - T
  93. DEFENDANT OLINGER'S RESPONSE TO PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT / CERTIFICATE OF SERVICE / C - J
  94. AFFIDAVIT OF MAILING
  95. DEFENDANT OLINGER'S PROPOSED JURY INSTRUCTIONS / CERTIFICATE OF SERVICE
  96. PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT / CERTIFICATE OF MAILING
  97. NIGHTINGALE, REBECCA ORDER ON PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT ENTERED; PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT IS DENIED. ((CLERK FILED ORDER AND MAILED A COPY TO KENNETH SMITH, E. KATHLEEN PENCE, DAVID FULLER AND ZACHARY ENLOW.))
  98. ORDER ON MOTION FOR SUMMARY JUDGMENT / AFFIDAVIT OF MAILING
  99. NIGHTINGALE, REBECCA CASE COMES ON FOR PRETIAL CONFERENCE; KEN SMITH APPEARS FOR PLAINTIFF; KATHLEEN PENCE APPEARS FOR DEFENDANT; UNOPPOSED MOTION TO CONTINUE TRIAL DATE IS DENIED; PRE-TRIAL CONFERENCE ORDER ENTERED. ((CLERK RETURNED ORDER TO COUNSEL FOR FILING.))
  100. PRE-TRIAL CONFERENCE ORDER
  101. REQUEST FOR JURY TRIAL
  102. COURT REPORTER FEE-TRIAL ON MERITS
  103. AFFIDAVIT OF MAILING
  104. UNOPPOSED MOTIN TO CONTINUE TRIAL DATE / A - J
  105. RECEIPT # 2025-4726672 ON 02/03/2025. PAYOR: RIGGS ABNEY NEAL TURPEN ORBISON & LEWIS TOTAL AMOUNT PAID: $ 369.00. LINE ITEMS: CJ-2022-3880: $369.00 ON AC01 CLERK FEES.
  106. RECEIPT # 4726672 VOIDED ON 02/03/2025 BY OSCN\DIANESAVAGE. PAID WITH 2 CHECKS
  107. RECEIPT # 2025-4726674 ON 02/03/2025. PAYOR: RIGGS ABNEY NEAL TURPEN ORBISON & LEWIS TOTAL AMOUNT PAID: $ 349.00. LINE ITEMS: CJ-2022-3880: $349.00 ON AC01 CLERK FEES.
  108. RECEIPT # 2025-4726675 ON 02/03/2025. PAYOR: RIGGS ABNEY NEAL TURPEN ORBISON & LEWIS TOTAL AMOUNT PAID: $ 20.00. LINE ITEMS: CJ-2022-3880: $20.00 ON AC01 CLERK FEES.
  109. NIGHTINGALE, REBECCA ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ENTERED; DEFENDANT'S MOTION FOR SUMMARY JUDGMENT IS DENIED. ((CLERK FILED ORDER AND MAILED A COPY TO KENNETH SMITH, KATHLEEN PENCE, DAVID FULLER AND ZACHARY ENLOW.))
  110. ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT / AFFIDAVIT OF MAILING
  111. NIGHTINGALE, REBECCA THE CASE COMES ON FOR JURY TRIAL; GLORIA SMITH, COURT REPORTER; LAURA FRY AND JASON JONES, PRESENT AS PLAINTIFFS; KENNETH SMITH PRESENT AS ATTORNEY FOR PLAINTIFFS; MICHAEL OLINGER PRESENT AS DEFENDANT; KATHLEEN PENCE PRESENT AS ATTORNEY FOR DEFENDANT; DETAILED MINUTE TO BE ENTERED AT THE CONCLUSION OF TRIAL.
  112. NIGHTINGALE, REBECCA THE CASE COMES ON FOR NON-JURY TRIAL; GLORIA SMITH, COURT REPORTER; LAURA FRY AND JASON JONES, PRESENT AS PLAINTIFFS; KENNETH SMITH PRESENT AS ATTORNEY FOR PLAINTIFFS; MICHAEL OLINGER PRESENT AS DEFENDANT; KATHLEEN PENCE PRESENT AS ATTORNEY FOR DEFENDANT; DETAILED MINUTE TO BE ENTERED AT THE CONCLUSION OF TRIAL.
  113. NOW ON THIS 12TH DAY OF FEBRUARY, 2025, THE DISTRICT COURT OF TULSA COUNTY, OKLAHOMA RECONVENES PURSUANT TO ADJOURNMENT. PRESENT AND PRESIDING: HONORABLE REBECCA B. NIGHTINGALE, DISTRICT JUDGE; GLORIA SMITH, COURT REPORTER, BROOKE GOLIGHTLY, BAILIFF, YALONDA CASE, MINUTE CLERK. PUBLIC PROCEEDINGS WERE HAD TO WIT: CASE NUMBER: CJ-2022-3880 LAURA FRY AND JASON B. JONES V MICHAEL T. OLINGER CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF, LAURA FRY AND JASON B. JONES PRESENT IN PERSON AND REPRESENTED BY ATTORNEY KENNETH SMITH, DEFENDANTS, MICHAEL T. OLINGER, PRESENT IN PERSON AND REPRESENTED BY ATTORNEY KATHLEEN PENCE. THE JURORS ARE CALLED AND SWORN AS TO QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. THE JURORS ACCEPTED FOR CAUSE. THREE (3) PEREMPTORY CHALLENGES ARE MADE BY THE PLAINTIFF. THREE (3) PEREMPTORY CHALLENGES ARE MADE BY THE DEFENDANT. TWELVE (12) JURORS AND ONE (1) ALTERNATE ARE ACCEPTED AND SWORN TO TRY THE CAUSE. OPENING STATEMENT IS MADE BY THE PLAINTIFF. OPENING STATEMENT MADE BY DEFENDANT. THREE (3) WITNESSES ARE SWORN. GLORIA SMITH, COURT REPORTER. PLAINTIFF PRESENTS EVIDENCE AND RESTS AFTER TWO (2) WITNESS. PLAINTIFF WITNESS: JASON JONES AND LAURA FRY. DEFENDANT WITNESSES: MICHAEL OLINGER. PLAINTIFF REST; DEFENDANT REST; PLAINTIFF'S MOTION FOR DIRECTED VERDICT IS DENIED. NO MOTIONS FOR DEFENDANT. THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE ALTERNATE JUROR IS EXCUSED. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 10:15 AM. ON FEBRUARY 12, 2025, THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 11:50 AM ON FEBRUARY 12, 2025, THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT, WHICH IS READ IN OPEN COURT, ORDERED RECORDED AND FILED, AND IS, TO WIT: VERDICT FORM- PLAINTIFF'S CLAIM AGAINST MICHAEL OLINGER WE, THE JURY, EMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND AS FOLLOWS: FOR THE DEFENDANT, MICHAEL OLINGER AND AGAINST THE PLAINTIFF, LAURA FRY AND JASON JONES. VERDICT FORM SIGNED BY FOREPERSON
  114. NIGHTINGALE, REBECCA: CASE COMES ON FOR NON JURY TRIAL. GLORIA SMITH, COURT REPORTER PRESENT. COURT CLERK, YALONDA CASE, PRESENT. LAURA FRY AND JASON B. JONES, RESENT AS PLAINTIFFS. KENNETH SMITH PRESENT AS ATTORNEY FOR PLAINTIFF. MICHAEL OLINGER PRESENT AS DEFENDANT, KATHLEEN PENCE PRESENT AS ATTORNEY FOR DEFENDANT. COURT HEARD PLAINTIFFS CASE, (2) WITNESSES SWORN AND TESTIMONY TAKEN. EVIDENCE COMPLETED. PLAINTIFF REST COURT HEARD DEFENDANTS CASE. DEFENDANT REST. CLOSING ARGUMENTS HEARD. COURT PREPARED FOR RULING. VERDICT RETURNED AS FOLLOWS: CLAIM FOR ADVERSE POSSESSION IS DENIED. CLAIM FOR EASEMENT BY PRESCRIPTION IS DENIED. WRITTEN JOURNAL ENTRY OF JUDGMENT TO BE PREPARE BY KATHLEEN PENCE.
  115. STATEMENT OF THE CASE
  116. JURY MINUTE WITH JURORS
  117. NON JURY VERDICT (JOURNAL ENTRY TO BE PREPARED BY DEF ATTY)
  118. VERDICT FORM / PLAINTIFFS CLAIM FOR NUISANCE (FOR DEF - SIGNED BY FOREPERSON)
  119. VERDICT FORM / DEFENDANTS COUNTERCLAIM FOR NUISANCE (FOR DEF / SIGNED BY FOREPERSON)
  120. JUDGMENT FOR THE DEFENDANT
  121. JUDGMENT FOR THE DEFENDANT
  122. JUDGMENT FOR THE DEFENDANT
  123. JUDGMENT FOR THE DEFENDANT
  124. JUDGMENT FOR THE DEFENDANT
  125. JUDGMENT FOR THE DEFENDANT
  126. JUDGMENT FOR THE DEFENDANT
  127. JUDGMENT FOR THE DEFENDANT
  128. DEFENDANT OLINGER'S MOTION FOR DETERMINATION OF FRIVOLOUS FILING / A TO J / CERTIFICATE OF SERVICE
  129. DEFENDANT OLINGER'S MOTION TO ENTER JOURNAL ENTRY OF JUDGMENT / A TO J / CERTIFICATE OF SERVICE
  130. RELEASE OF NOTICE OF PENDENCY OF ACTION
  131. PLAINTIFFS' RESPONSE OPPOSING DEFENDANT'S MOTION FOR DETERMINATION OF FRIVOLOUS FILING / A TO J / CERTIFICATE OF MAILING
  132. NIGHTINGALE, REBECCA JOURNAL ENTRY OF JUDGMENT ENTERED. A JUDGMENT, DECREE OR APPEALABLE ORDER, WHETHER INTERLOCUTORY OR FINAL, SHALL NOT BE ENFORCEABLE IN WHOLE OR IN PART UNLESS OR UNTIL IT IS SIGNED BY THE COURT AND FILED ACCORDING TO §12-696.2. ((CLERK PLACED ORDER IN JUDGE'S OUTBOX TO BE PICKD UP FOR FILING.))
  133. NIGHTINGALE, REBECCA ORDER ON DEFENDANT OLINGER'S MOTION FOR DETERMINATION OF FRIVOLOUS FILING ENTERED; DEFENDANT OLINGER'S MOTION FOR DETERMINATION OF FRIVOLOUS FILING IS DENIED. ((CLERK FILED ORDER AND MAILED A COPY TO KATHLEEN PENCE AND KEN SMITH.))
  134. ORDER ON DEFENDANT OLINGER'S MOTION FOR DETERMINATION OF FRIVOLOUS FILING / AFFIDAVIT OF MAILING
  135. JOURNAL ENTRY OF JUDGMENT
  136. STAY EXECUTION UNTIL 4/11/2025
  137. DEFENDANT OLINGER'S APPLICATION FOR LEAVE TO FILE REPLY TO PLAINTIFFS' RESPONSE OPPOSING DEFENDANT'S MOTION FOR DETERMINATION OF FRIVOLOUS FILING / A TO J / CERTIFICATE OF SERVICE
  138. NIGHTINGALE, REBECCA ORDER GRANTING DEFENDANT OLINGER'S APPLICATION FOR LEAVE TO FILE REPLY TO PLAINTIFFS' RESPONSE OPPOSING DEFENDANT'S MOTION FOR DETERMINATION OF FRIVOLOUS FILING ENTERED; IT IS THEREFORE ORDERED, ADJUDGED AND DECREED THAT DEFENDANT OLINGER SHALL HAVE TEN (10) DAYS FROM THE DATE OF THIS ORDER BY WHICH TO FILE ITS REPLY TO PLAINTIFFS' RESPONSE OPPOSING DEFENDANT'S MOTION FOR DETERMINATION OF FRIVOLOUS FILING IS HEREBY GRANTED. ((CLERK PLACED ORDER IN JUDGE'S OUTBOX TO BE PICKED UP FOR FILING.))
  139. ORDER GRANTING DEFENDANT OLINGER'S APPLICATION FOR LEAVE TO FILE REPLY TO PLAINTIFFS' RESPONSE OPPOSING DEFENDANT'S MOTION FOR DETERMINATION OF FRIVOLOUS FILING
  140. DEFENDANT'S OLINGER'S REPLY TO PLAINTIFF'S RESPONSE OPPOSING MOTION FOR DETERMINATION OF FRIVOLOUS FILING \ CERTIFICATE OF SERVICE
  141. AFFIDAVIT OF MAILING / ORDER GRANTING DEFENDANT OLINGER'S APPLICATION FOR LEAVE TO FILE REPLY TO PLAINTIFFS' RESPONSE OPPOSING DEFENDANT'S MOTION FOR DETERMINATION OF FRIVOLOUS FILING
  142. RELEASE OF LIS PENDENS / CERTIFICATE OF SERVICE
  143. RELEASE & SATISFACTION OF JUDGMENT

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