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FILED
IN THE DISTRICT COURT OF DELAWARE COUNTY JUN 3 2023
STATE OF OKLAHOMA CAROLIN EAVER
DELAWARE QURT CLERK
TJB Restricted Holdings, LLC
aina
Plaintiff,
vs. No. CV-2023-75
THE STATE OF OKLAHOMA ex rel. the
OKLAHOMA MEDICAL MARIJUANA
AUTHORITY,
Defendant.
MOTION TO SETTLE ORDER OF TRANSFER
On May 3, 2023, Plaintiff filed an Application for Emergency Ex-Parte Relief and
a Petition for Declaratory Judgment and Injunctive Relief seeking similar relief regarding
due process as that sought by Full Tilt, LLC, in Ottawa County, CJ-2023-65, assigned to
your Honor. Common counsel exists in both cases.
On June 15, 2023, upon due consideration, your Honor sustained Defendants’
objections to venue and ordered that the Full Tilt litigation be transferred to Oklahoma
County with Plaintiff paying the cost of transfer and Defendant was permitted to seek
attorney fees and costs by separate application. See Full Tilt Minute Order at Exhibit A.
The TJB Restricted Holdings case was assigned to Judge David Crutchfield who
heard Plaintiff's Ex-Parte Application for Emergency Relief on May 3, 2023. By Civil
Court Minute, attached as Exhibit B, Judge Crutchfield denied Plaintiffs Application due
to the administrative law hearing being set for May 4, 2023, “..thus making the request
premature.”
On May 15, 2023, Plaintiff filed a supplemental Application for Emergency Ex-
Parte Relief. That Application, however, showed that the case was being handled by
Judge Jennifer McAffrey, not the originally assigned Judge, the Honorable David
Crutchfield. No documentation was filed regarding any ex-parte switching of judges.
On May 15, 2023, the same day as the filing of Plaintiffs supplemental
Application, Judge Jennifer McAffrey entered an ex-parte Order granting Plaintiff's
Application for a Temporary Restraining Order and set a Show Cause Hearing for May
25, 2023. See Exhibit C.
Judge Crutchfield’s denial of Plaintiffs Application and Judge McAffrey’s
sustaining of it were both on an ex-parte basis. Defense counsel had requested of
Plaintiffs counsel orally and in writing that defense counsel be advised of all hearings
and that any district judge whom Plaintiff's counsel approached on an ex-parte basis be
given a copy of defense counsel's written email objection to proceeding ex-parte and
making the Court aware of the desire of defense counsel to participate in any hearing
prior to court rulings. See Exhibit D. Defense counsel has no knowledge of Exhibit D
being given to Judge McAffrey in advance of her ruling as defense counsel was not
involved in or advised that the hearing was to occur which resulted in a judge different
than the originally assigned judge granting Plaintiffs ex-parte TRO.
On May 25, 2023, defense counsel filed a Motion for a Temporary Stay of the
Show Cause Hearing given the Court's upcoming consideration of common venue
objections in Full Tilt, LLC, CJ-2023-65, pending before your Honor in Ottawa County.
Plaintiff had no objection to the stay and on May 25, 2023, the Court entered its Order
staying the Show Cause Hearing until further order. The Court’s TRO was to remain in
force until further order of the Court. See Exhibit E.
On May 25, 2023, Defendant filed its Special Entry of Appearance and Motion to
Rescind and Dismiss for Lack of Venue or, in the Alternative, Motion to Rescind and
Transfer with Assessment of Attorney Fees and Costs.
The Court’s Minute Order transferring Full Tilt, LLC, to Oklahoma County is
attached as Exhibit A. Respectfully, the venue arguments are the same and the Court's
determination transferring venue in Full Tilt, LLC, should control the transfer of this
litigation as well.
Despite reasonable effort, Plaintiffs counsel has been unwilling to agree to an
Order of Transfer of Full Tilt, LLC, pursuant to the Court's Minute Order in that case.
Movants have no reason to expect Plaintiff's counsel to cooperate in approving a similar
Order of Transfer in this litigation. Court assistance is sought to enter a formal Order of
Transfer of this litigation at Plaintiff's expense to Oklahoma County on an expedited
basis.
All of which is respectfully submitted.
WIGGINS SEWELL & OGLETREE
iggins OBA No. 9594
00 Oklahoma To
210 Park Avenue
Oklahoma City, OK 73102
405/232-1211
405/235-7025 (fax)
jagins@wsolaw.net
Attorney for Defendant,
The Oklahoma Medical
Marijuana Authority
Certificate of Service
On this L th, day of June, 2023, true and correct copy of the within and
foregoing Motion to Settle Order of Transfer was mailed, with sufficient postage fully
prepaid thereon, to the following counsel of record:
Mr. Ronald E. Durbin
Viridian Legal Services, PLLC
1602 South Main
Tulsa, OK 74119
durbin@viridianlegal.com
Attorney for Plaintiffs
OA.
CM Wiggins
Myce
IN AND FOR THE DISTRICT COURT OF THE 13°4 JUDICIAL DISTRICT
FILED
OTTAWA COUNTY, STATE OF OKLAHOMA DISTRICT COURT
OTTAWA CO. OKLA.
FULL TILT, LLC, individually and JUN 0 8 2023
on behalf of all similarly situated
“ COURT CLERK
persons,
Plaintiffs,
vs.
1-23-65
STATE OF OKLAHOMA EX REL.,
THE OFFICE OF MANAGEMENT
ENTERPRISE SERVICES, THE
OKLAHOMA MEDICAL MERUUANA
AUTHORITY, and METRC, LLC, a
Florida Limited Liabiity Company,
Defendants.
COURT MINUTE
Date: June 8, 2023
Judge: District Judge Jennifer McAffrey
Reporter: Tammy Thomas
Plaintiffs present in person and by Ronald Durbin and Andrew Doney
Defendants present by John Wiggins and Jack Mattingly
Comes on for Defendants’ Objection to/Motion to Transfer Venue.
Court hears arguments of Counsel.
Court grants Defendants’ motions and orders transfer to Oklahoma County.
Plaintiffs shall pay the cost of transfer.
cy Temporary
Judge Whalen’s previously issued Order Granting Plaintiffs Application for Emergen
Restraining Order shall remain in effect until further order of the Court.
Defendants’ request for attorneys’ fees shall be set by application.
EXHIBIT
IN THE DISTRICT COURT IN AND FOR DLEAWARE COUNTY FILED
STATE OF OKLAHOMA MAY 08 2023
CAROLINE M, WEAVER
DELAWARE CO. COURT CLERK
JB. STRICTED HOLDINGS RONALD DURBIN II
Plaintiff/Petitioner Attorney for Plaintiff/Petitioner
vs.
OK MEDICAL MARIJUANA AUTHORITY JOHN WIGGINS
Defendant/Respondent Attorney for Defendant/Respondent
Judge: DAVID CRUTCHFIELD Case No: CV-23-75
Date: 5/3/23
CIVIL COURT MINUTE
PLAINITFF PRESENT WITH COUNSEL
DEFENDANT NOR COUNSEL ARE PRESENT
ELISE CRUCHON, PRESENT AS COURT REPORTER
COURT DENIES PLAINTIFF’S APPLICATION FOR EMERGENCY TEMPORARY
RESTRAINING ORDER DUE TO THE ADMINISTRATIVE LAW HEARING BEING SET
ArCe ig!
FOR 5/4/23 THUS MAKING THE REQUEST PREMATURE
EXHIBIT
iB
FILED
IN THE DISTRICT COURT IN AND FOR DELAWARE COUNTWAY 15 2023
ce)
STATE OF OKLAHOMA
CAROLINE M.
DELAWARE CO. CD LERK
TIB Restricted Holdings, LLC
pA AAC
Plaintiff,
CASENO._CV¥723-7F
Vv. JUDGE:_Mc Arf
THE STATE OF OKLAHOMA ex rel. the
OKLAHOMA MEDICAL MARIJUANA
AUTHORITY,
Defendant.
ORDER GRANTING PLAINTIFF’S APPLICATION FOR EMERGENCY TEMPORARY
RESTRAINING ORDER AND SETTING SHOW CAUSE HEARING
On May \2023, Plaintiff filed a Petition and Application for Temporary Restraining Order
and Temporary Injunction seeking this Court to enter an order restraining the OMMA from
enforcing an Emergency Order of Summary Suspension.
Having reviewed the Petition, Application for Relief, and the evidence and affidavits
attached thereto, this COURT FINDS, ORDERS AND DECREES as follows:
Plaintiff's Application is GRANTED and the matter is set for Show Cause Hearing before
Judge Mcf tres 4 on ZS day of (nan _, 2023, at7:?v0’clock A.M.
in Room Number ___ 3. , of the DelaxsaeCounty Courthouse
The Court further FINDS, ORDERS and DECREES that: 1) shall: lift the Emergency
Summary Order of Suspension entered against Plaintiff and not enforce any Emergency Summary
shall take all
Order of Suspension against Plaintiff until further Order of this Court. Defendant
system and
steps required to carry out this Order and restore Defendant to operational status in its
the state seed-to-sale tracking system.
EXHIBIT
io
IT IS SO ORDERED.
poy SISeRiCT COURK
|
Kailea Herrell
From: John Wiggins
To: christina@viridianlegal.com
Subject: TJB Restricted Holdings v. OMMA
Dear Christina,
Thank you for your email on our status. You confuse me with your comment that you do not know if
there was a court reporter when Ron was before Judge Crutchfield May 3 at his ex-parte hearing. As |
stated in my email to you, although | was not a hearing participant, Ron advised me by text that he
did have a court reporter and was getting a transcript. | still have the text. |am again requesting a
copy of the transcript. In the event that will not be provided | again request the name of the court
reporter so I can obtain a copy.
| am appreciative that you elected not to again present the motion Ron did to Judge McAffrey when
we were before her in your other Delaware County case — MK Herb.
Please consider this email advisement to you of OMMA’s objection to your again presenting a motion
Ron presented to Judge Crutchfield which ended in a manner not satisfying to Ron. Again, since | do
not have the transcript and was not allowed participation | have no knowledge on what occurred other
than that the TJB Restricted Holdings case was filed and randomly assigned to Judge Crutchfield for
handling.
OMMA’s position is that Plaintiff does not have the freedom to be randomly assigned a judge and
present a position or attempt to and then conclude things are not going well ex-parte so the motion
can be “withdrawn” to be again presented to a different judge of Plaintiffs counsel's choosing — i.e.,
Judge McAffrey. Judge shopping until you get a judge satisfactory to Plaintiff is opposed by OMMA.
lam asking that you advise any district judge of this email before presenting any matter regarding
TJB Restricted Holdings to them ex-parte. Please give them a copy of this email so nothing will
be lost in translation. Thank you.
Until matters are clarified, OMMA’s position is this case belongs to Judge Crutchfield.
Very truly yours,
John Wiggins
Wiggins Sewell & Ogletree
3100 Oklahoma Tower
210 Park Avenue
Oklahoma City, OK 73102
405/232-1211
405/235-7025 (fax)
iggins@wsolaw.net
**CAUTION: Message contents ney-client privilege and/or the
EXHIBIT
litigation work product doctrine. hded solely for the addressee(s)
D
/
JWikmh
FILED
IN THE DISTRICT COURT OF DELAWARE COUNTY MAY 25 2023
CAROLINE M. R
STATE OF OKLAHOMA DELAWARE CO. C| PLERK
TJB Restricted Holdings, LLC Ujgiaabe —_— kno
<
Plaintiff,
vs. No. CV-2023-75
THE STATE OF OKLAHOMA ex rel. the
OKLAHOMA MEDICAL MARIJUANA
AUTHORITY,
Defendant.
Ol Ri DER STAYING SHOW CAUSE HEARING
On this 2.5 day of May, 2023, the court stays its May 25 Show Cause Hearing
until further order. The Temporary Restraining Order issued May 15, 2023, shall remain
in force until further order of the court.
Dy Masha
Jenner ffrey, District Judge\
EXHIBIT
E
Preview
JWikmh FILED IN THE DISTRICT COURT OF DELAWARE COUNTY JUN 3 2023 STATE OF OKLAHOMA CAROLIN EAVER DELAWARE QURT CLERK TJB Restricted Holdings, LLC aina Plaintiff, vs. No. CV-2023-75 THE STATE OF OKLAHOMA ex rel. the OKLAHOMA MEDICAL MARIJUANA AUTHORITY, Defendant. MOTION TO SETTLE ORDER OF TRANSFER On May 3, 2023, Plaintiff filed an Application for Emergency Ex-Parte Relief and a Petition for Declaratory Judgment and Injunctive Relief seeking similar relief regarding due process as that sought by Full Tilt, LLC, in Ottawa County, CJ-2023-65, assigned to your Honor. Common counsel exists in both cases. On June 15, 2023, upon due consideration, your Honor sustained Defendants’ objections to venue and ordered that the Full Tilt litigation be transferred to Oklahoma County with Plaintiff paying the cost of transfer and Defendant was permitted to seek attorney fees and costs by separate application. See Full Tilt Minute Order at Exhibit A. The TJB Restricted Holdings case was assigned to Judge David Crutchfield who heard Plaintiff's Ex-Parte Application for Emergency Relief on May 3, 2023. By Civil Court Minute, attached as Exhibit B, Judge Crutchfield denied Plaintiffs Application due to the administrative law hearing being set for May 4, 2023, “..thus making the request premature.” On May 15, 2023, Plaintiff filed a supplemental Application for Emergency Ex- Parte Relief. That Application, however, showed that the case was being handled by Judge Jennifer McAffrey, not the originally assigned Judge, the Honorable David Crutchfield. No documentation was filed regarding any ex-parte switching of judges. On May 15, 2023, the same day as the filing of Plaintiffs supplemental Application, Judge Jennifer McAffrey entered an ex-parte Order granting Plaintiff's Application for a Temporary Restraining Order and set a Show Cause Hearing for May 25, 2023. See Exhibit C. Judge Crutchfield’s denial of Plaintiffs Application and Judge McAffrey’s sustaining of it were both on an ex-parte basis. Defense counsel had requested of Plaintiffs counsel orally and in writing that defense counsel be advised of all hearings and that any district judge whom Plaintiff's counsel approached on an ex-parte basis be given a copy of defense counsel's written email objection to proceeding ex-parte and making the Court aware of the desire of defense counsel to participate in any hearing prior to court rulings. See Exhibit D. Defense counsel has no knowledge of Exhibit D being given to Judge McAffrey in advance of her ruling as defense counsel was not involved in or advised that the hearing was to occur which resulted in a judge different than the originally assigned judge granting Plaintiffs ex-parte TRO. On May 25, 2023, defense counsel filed a Motion for a Temporary Stay of the Show Cause Hearing given the Court's upcoming consideration of common venue objections in Full Tilt, LLC, CJ-2023-65, pending before your Honor in Ottawa County. Plaintiff had no objection to the stay and on May 25, 2023, the Court entered its Order staying the Show Cause Hearing until further order. The Court’s TRO was to remain in force until further order of the Court. See Exhibit E. On May 25, 2023, Defendant filed its Special Entry of Appearance and Motion to Rescind and Dismiss for Lack of Venue or, in the Alternative, Motion to Rescind and Transfer with Assessment of Attorney Fees and Costs. The Court’s Minute Order transferring Full Tilt, LLC, to Oklahoma County is attached as Exhibit A. Respectfully, the venue arguments are the same and the Court's determination transferring venue in Full Tilt, LLC, should control the transfer of this litigation as well. Despite reasonable effort, Plaintiffs counsel has been unwilling to agree to an Order of Transfer of Full Tilt, LLC, pursuant to the Court's Minute Order in that case. Movants have no reason to expect Plaintiff's counsel to cooperate in approving a similar Order of Transfer in this litigation. Court assistance is sought to enter a formal Order of Transfer of this litigation at Plaintiff's expense to Oklahoma County on an expedited basis. All of which is respectfully submitted. WIGGINS SEWELL & OGLETREE iggins OBA No. 9594 00 Oklahoma To 210 Park Avenue Oklahoma City, OK 73102 405/232-1211 405/235-7025 (fax) jagins@wsolaw.net Attorney for Defendant, The Oklahoma Medical Marijuana Authority Certificate of Service On this L th, day of June, 2023, true and correct copy of the within and foregoing Motion to Settle Order of Transfer was mailed, with sufficient postage fully prepaid thereon, to the following counsel of record: Mr. Ronald E. Durbin Viridian Legal Services, PLLC 1602 South Main Tulsa, OK 74119 durbin@viridianlegal.com Attorney for Plaintiffs OA. CM Wiggins Myce IN AND FOR THE DISTRICT COURT OF THE 13°4 JUDICIAL DISTRICT FILED OTTAWA COUNTY, STATE OF OKLAHOMA DISTRICT COURT OTTAWA CO. OKLA. FULL TILT, LLC, individually and JUN 0 8 2023 on behalf of all similarly situated “ COURT CLERK persons, Plaintiffs, vs. 1-23-65 STATE OF OKLAHOMA EX REL., THE OFFICE OF MANAGEMENT ENTERPRISE SERVICES, THE OKLAHOMA MEDICAL MERUUANA AUTHORITY, and METRC, LLC, a Florida Limited Liabiity Company, Defendants. COURT MINUTE Date: June 8, 2023 Judge: District Judge Jennifer McAffrey Reporter: Tammy Thomas Plaintiffs present in person and by Ronald Durbin and Andrew Doney Defendants present by John Wiggins and Jack Mattingly Comes on for Defendants’ Objection to/Motion to Transfer Venue. Court hears arguments of Counsel. Court grants Defendants’ motions and orders transfer to Oklahoma County. Plaintiffs shall pay the cost of transfer. cy Temporary Judge Whalen’s previously issued Order Granting Plaintiffs Application for Emergen Restraining Order shall remain in effect until further order of the Court. Defendants’ request for attorneys’ fees shall be set by application. EXHIBIT IN THE DISTRICT COURT IN AND FOR DLEAWARE COUNTY FILED STATE OF OKLAHOMA MAY 08 2023 CAROLINE M, WEAVER DELAWARE CO. COURT CLERK JB. STRICTED HOLDINGS RONALD DURBIN II Plaintiff/Petitioner Attorney for Plaintiff/Petitioner vs. OK MEDICAL MARIJUANA AUTHORITY JOHN WIGGINS Defendant/Respondent Attorney for Defendant/Respondent Judge: DAVID CRUTCHFIELD Case No: CV-23-75 Date: 5/3/23 CIVIL COURT MINUTE PLAINITFF PRESENT WITH COUNSEL DEFENDANT NOR COUNSEL ARE PRESENT ELISE CRUCHON, PRESENT AS COURT REPORTER COURT DENIES PLAINTIFF’S APPLICATION FOR EMERGENCY TEMPORARY RESTRAINING ORDER DUE TO THE ADMINISTRATIVE LAW HEARING BEING SET ArCe ig! FOR 5/4/23 THUS MAKING THE REQUEST PREMATURE EXHIBIT iB FILED IN THE DISTRICT COURT IN AND FOR DELAWARE COUNTWAY 15 2023 ce) STATE OF OKLAHOMA CAROLINE M. DELAWARE CO. CD LERK TIB Restricted Holdings, LLC pA AAC Plaintiff, CASENO._CV¥723-7F Vv. JUDGE:_Mc Arf THE STATE OF OKLAHOMA ex rel. the OKLAHOMA MEDICAL MARIJUANA AUTHORITY, Defendant. ORDER GRANTING PLAINTIFF’S APPLICATION FOR EMERGENCY TEMPORARY RESTRAINING ORDER AND SETTING SHOW CAUSE HEARING On May \2023, Plaintiff filed a Petition and Application for Temporary Restraining Order and Temporary Injunction seeking this Court to enter an order restraining the OMMA from enforcing an Emergency Order of Summary Suspension. Having reviewed the Petition, Application for Relief, and the evidence and affidavits attached thereto, this COURT FINDS, ORDERS AND DECREES as follows: Plaintiff's Application is GRANTED and the matter is set for Show Cause Hearing before Judge Mcf tres 4 on ZS day of (nan _, 2023, at7:?v0’clock A.M. in Room Number ___ 3. , of the DelaxsaeCounty Courthouse The Court further FINDS, ORDERS and DECREES that: 1) shall: lift the Emergency Summary Order of Suspension entered against Plaintiff and not enforce any Emergency Summary shall take all Order of Suspension against Plaintiff until further Order of this Court. Defendant system and steps required to carry out this Order and restore Defendant to operational status in its the state seed-to-sale tracking system. EXHIBIT io IT IS SO ORDERED. poy SISeRiCT COURK | Kailea Herrell From: John Wiggins To: christina@viridianlegal.com Subject: TJB Restricted Holdings v. OMMA Dear Christina, Thank you for your email on our status. You confuse me with your comment that you do not know if there was a court reporter when Ron was before Judge Crutchfield May 3 at his ex-parte hearing. As | stated in my email to you, although | was not a hearing participant, Ron advised me by text that he did have a court reporter and was getting a transcript. | still have the text. |am again requesting a copy of the transcript. In the event that will not be provided | again request the name of the court reporter so I can obtain a copy. | am appreciative that you elected not to again present the motion Ron did to Judge McAffrey when we were before her in your other Delaware County case — MK Herb. Please consider this email advisement to you of OMMA’s objection to your again presenting a motion Ron presented to Judge Crutchfield which ended in a manner not satisfying to Ron. Again, since | do not have the transcript and was not allowed participation | have no knowledge on what occurred other than that the TJB Restricted Holdings case was filed and randomly assigned to Judge Crutchfield for handling. OMMA’s position is that Plaintiff does not have the freedom to be randomly assigned a judge and present a position or attempt to and then conclude things are not going well ex-parte so the motion can be “withdrawn” to be again presented to a different judge of Plaintiffs counsel's choosing — i.e., Judge McAffrey. Judge shopping until you get a judge satisfactory to Plaintiff is opposed by OMMA. lam asking that you advise any district judge of this email before presenting any matter regarding TJB Restricted Holdings to them ex-parte. Please give them a copy of this email so nothing will be lost in translation. Thank you. Until matters are clarified, OMMA’s position is this case belongs to Judge Crutchfield. Very truly yours, John Wiggins Wiggins Sewell & Ogletree 3100 Oklahoma Tower 210 Park Avenue Oklahoma City, OK 73102 405/232-1211 405/235-7025 (fax) iggins@wsolaw.net **CAUTION: Message contents ney-client privilege and/or the EXHIBIT litigation work product doctrine. hded solely for the addressee(s) D / JWikmh FILED IN THE DISTRICT COURT OF DELAWARE COUNTY MAY 25 2023 CAROLINE M. R STATE OF OKLAHOMA DELAWARE CO. C| PLERK TJB Restricted Holdings, LLC Ujgiaabe —_— kno < Plaintiff, vs. No. CV-2023-75 THE STATE OF OKLAHOMA ex rel. the OKLAHOMA MEDICAL MARIJUANA AUTHORITY, Defendant. Ol Ri DER STAYING SHOW CAUSE HEARING On this 2.5 day of May, 2023, the court stays its May 25 Show Cause Hearing until further order. The Temporary Restraining Order issued May 15, 2023, shall remain in force until further order of the court. Dy Masha Jenner ffrey, District Judge\ EXHIBIT E