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IN THE DISTRICT COURT IN AND FOR CREEK COUNTY
SAPULPA DIVISION, STATE OF OKLAHOMA. DIN DISTRICT COURT
BRIAN CARTER, COUNTY SAPULPA OK
Plaintiff, re ne
t wed ee &
Vv. SC-2023-385
Lop
funanda VanOrsdol, C
KENNETH SAM, Sr.,
Defendant.
TO TRANSFE
Mi OTION TO
MOTION R ACTION
TRANS EES OO FROM eee eeeCOURT
SMALL CLAIMS -_—_—*-
COMES NOW, the Defendant, Kenneth Sam, Sr., (“Defendant”), by and through his
attorney of record G. Gene Thompson, Esq., Keri D. Palacios, Esq., and Charles C. McCaskey,
Esq. of CREEK COUNTY LAW, P.L.L.C., and moves the Court to transfer this action from the small
claims docket to the civil docket of the District Court, or in the alternative requests a continuance
of this matter currently set for August 15, 2023. In support of this Motion, Defendants state as
follows:
1 This Motion is made on the grounds that the Defendant Kenneth Same were served
with a Small Claims Affidavit in the above-captioned small claims matter (hereinafter the
Affidavit”). A copy of the Affidavit and Order are attached as Exhibit A.
2 The Affidavit commands the Defendants appearance on August 15, 2023 at 1:30
p.m. at the Creek County Courthouse.
3 The Affidavit alleges, “The defendant is indebted to the plaintiff in the sum of
$6116.03 for truck damage.”
4 Defendants deny the allegations contained in the Affidavit.
5 Defendant has timely filed this Motion and deposited with the Court Clerk the sum
of $50.00.
PaGE 1 0F 4
and
6 Based upon information and belief, the truck had no motor, no transmission,
was already severely damaged.
Argument
& Authority
Pursuant to 12 O.S. 1757(A), the small claims court judge has the discretion to transfer
an action to another docket of the District Court. The Motion to Transfer is heard on the trial date.
12 Okla. State. §1757(B). In ruling on the Plaintiff's Motion to Transfer, the judge should consider
the hardship to the Plaintiff, the complexity of the case, the reason for transfer, and other relevant
matters. Id. Accordingly, Defendant requests the Court transfer this matter to another docket of the
District Court.
This case will need to involve an examination of the truck to determine its value when it
was damaged. It will further require that discovery will need to be done into the exact facts of the
case as the Defendant is being sued in his personal capacity. Here, Plaintiffs requests that the
Court transfer this matter to another docket of the District Court in order to allow Plaintiff the
opportunity to conduct discovery
Conclusion
WHEREFORE, Defendant Kenneth Sam, Sr., respectfully requests this Court to Transfer
this matter to another docket of the District Court. A proposed Order Transferring the Case and
Consolidating it has been submitted herewith, and a copy is attached as Exhibit C.
PAGE 2 OF 4
Gene Thompson, Esq. OBA No. 31243
Margaret Cook, Esq. OBA No. 31354
Keri D. Palacios, Esq. OBA No. 34175
Charles C. McCaskey, Esq. OBA No. 34718
101 E. Lee Ave.
Sapulpa, OK 74066
Telephone: (918) 348.0018
Facsimile: (918) 998.0344
Email: charles@creekcountylaw.com
ATTORNEYS FOR DEFENDANT
PAGE 3 OF 4
CERTIFICATE OF SERVICE
I hereby certify that on the day of August 2023, a true and complete copy of the above
and foregoing MOTION TO TRANSFER ACTION FROM SMALL CLAIMS was served by being
deposited in the U.S. mail, with proper postage affixed thereon, and/or hand-delivered, via licensed
process server to the following:
Brian L. Carter
9657 S. 1534 W. Ave
Sapulpa, OK 74066
Plaintiffs
Charles C. McCaskey, Attorney for Defendants
PAGE 4 OF 4
IN DISTRICT COURT, CREEK COUNTY, STATE OF OKLAHOMA
DIVISION
PLAINTIFF sc 2023 -385
‘Small Claims No. ——
Kenneth Som Sv. onltfe IN DISTRICT COURT
DEFENDANT CREEK CO iY SAPULPA OK
AFFIDAVIT J 3 27 2023 An.
STATE OF OKLAHOMA, CREEK COUNTY: Amanda VanOrsdol, COl
Brian
4. Carew being duly sworn, deposes and says:
That the defendant resides at a3 OIC 2Yfoeb in the above named
county, and that the mailing address of the defendant is. Bo} 7460
“The mailing address of the plaintitis 9G 5. (53rt_ WA Sopolpa , of 7¥OLL
‘That the defendant is indebted to the plainti in the sum ot ¢ Ol! .03 for rock, lamanes
that plaintiff has demanded payment of said sum, that the defendant refused to pay ‘the same and no partof the amount
sued for has been paid.
and/or
That the defendant is wrongfully in possession of certain personal property describes as
That the value of said personal property is $. that plaintiff is entitled to possession thereof and
has demanded that defendant relinquish possession of said personal prc but that defendant wholly refuses to do
I hereby acknowledge that by signing this affidavit |
am disclaiming any right to a trial by jury on the
merits of the case.
Subscribed and swom to before me this 27 day of, Dome aes
My Commission Expires: AMANDA VANOR§DOL, Court Clerk
(Lh,
4)
The people of the State of Oklahoma, to the with-in defendant(s):
You are hereby directed to appear and answer the foregoing claim and to have with you all books, papers and
witnesses needed by you to establishiae
SOURTHOU:
Re EE UTED
Cy {nameffl ederess
SAPULPA,OK 74066
This matter shail be heard Cheek. Syuuen
of bung)
Zed Aloo
f
;, County or Cert.5 ene LX ost en
ofthe AI aay of ZF or at the same time and place seven (7) days atter service
hereof, whichever is the latter. you are father nolified that in case you do not so appear judgment will be given
against you as follows:
For the amount of said claim as it is stated in said affidavit, or for possession of the personal property described in
said affidavit.
And in addition, for costs of the action (including attorney fees where provided by law), including costs of service of
the order.
Dated this ZT aay of 2022,
AMANDA V) spot, Court Clerk
P= =
[D1 LAMY Lea
ZEA. EXHIBIT
Deputy
= co
IN THE DISTRICT COURT IN AND FOR CREEK COUNTY
SAPULPA DIVISION, STATE OF OKLAHOMA
BRIAN CARTER, )
Plaintiff, )
Vv. ) SC-2023-385
)
KENNETH SAM, Sr., )
Defendant. )
ORDER TRANSFERRING ACTION FROM SMALL CLAIMS COURT
TO DISTRICT COURT
THIS MATTER comes before the Court upon the Motion to Transfer Action From Small
Claims Court (“Motion”) by, Kenneth Sam, Sr., (“Defendant”), by and through his attorney of
record G. Gene Thompson, Esq., Keri D. Palacios, Esq., Rachel L. Farrar, Esq., and Charles C.
McCaskey, Esq. of Creek County Law, P.L.L.C., for an Order of this Court transferring this action
from the small claims docket to the civil docket of the District Court. The Court, upon review of
the files and records in this case being otherwise fully advised in the premises finds and orders as
follows:
1 This action should be transferred to the “CS” or “CJ” civil docket of the District
Court to allow Defendant to conduct discovery with regards to Plaintiffs claim and assert
counterclaims that are not limited to a dollar amount.
2 Defendant timely filed this Motion and deposited with the clerk of the Court the
sum of $50.00.
3 The Defendant has served the plaintiff within the statutorily required time.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that this matter is
transferred to another docket of the District Court.
EXHIBIT
3
WITTNESS MY HAND this day of » 2023.
Judge of the District Court
Prepared by:
G. Gene Thompson, Esq., OBA #31243
Margaret Cook, Esq., OBA #31357
Keri D. Palacios, Esq., OBA #34175
Rachel L. Farrar, Esq., OBA #31988
Charles C. McCaskey, Esq., OBA #34718
Creek County Law, P.L.L.C.
101 E. Lee Ave.
Sapulpa, Oklahoma 74066
Telephone: 918.223-3044
Facsimile: 918.998-0344
ATTORNEYS FOR DEFENDANT
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IN THE DISTRICT COURT IN AND FOR CREEK COUNTY SAPULPA DIVISION, STATE OF OKLAHOMA. DIN DISTRICT COURT BRIAN CARTER, COUNTY SAPULPA OK Plaintiff, re ne t wed ee & Vv. SC-2023-385 Lop funanda VanOrsdol, C KENNETH SAM, Sr., Defendant. TO TRANSFE Mi OTION TO MOTION R ACTION TRANS EES OO FROM eee eeeCOURT SMALL CLAIMS -_—_—*- COMES NOW, the Defendant, Kenneth Sam, Sr., (“Defendant”), by and through his attorney of record G. Gene Thompson, Esq., Keri D. Palacios, Esq., and Charles C. McCaskey, Esq. of CREEK COUNTY LAW, P.L.L.C., and moves the Court to transfer this action from the small claims docket to the civil docket of the District Court, or in the alternative requests a continuance of this matter currently set for August 15, 2023. In support of this Motion, Defendants state as follows: 1 This Motion is made on the grounds that the Defendant Kenneth Same were served with a Small Claims Affidavit in the above-captioned small claims matter (hereinafter the Affidavit”). A copy of the Affidavit and Order are attached as Exhibit A. 2 The Affidavit commands the Defendants appearance on August 15, 2023 at 1:30 p.m. at the Creek County Courthouse. 3 The Affidavit alleges, “The defendant is indebted to the plaintiff in the sum of $6116.03 for truck damage.” 4 Defendants deny the allegations contained in the Affidavit. 5 Defendant has timely filed this Motion and deposited with the Court Clerk the sum of $50.00. PaGE 1 0F 4 and 6 Based upon information and belief, the truck had no motor, no transmission, was already severely damaged. Argument & Authority Pursuant to 12 O.S. 1757(A), the small claims court judge has the discretion to transfer an action to another docket of the District Court. The Motion to Transfer is heard on the trial date. 12 Okla. State. §1757(B). In ruling on the Plaintiff's Motion to Transfer, the judge should consider the hardship to the Plaintiff, the complexity of the case, the reason for transfer, and other relevant matters. Id. Accordingly, Defendant requests the Court transfer this matter to another docket of the District Court. This case will need to involve an examination of the truck to determine its value when it was damaged. It will further require that discovery will need to be done into the exact facts of the case as the Defendant is being sued in his personal capacity. Here, Plaintiffs requests that the Court transfer this matter to another docket of the District Court in order to allow Plaintiff the opportunity to conduct discovery Conclusion WHEREFORE, Defendant Kenneth Sam, Sr., respectfully requests this Court to Transfer this matter to another docket of the District Court. A proposed Order Transferring the Case and Consolidating it has been submitted herewith, and a copy is attached as Exhibit C. PAGE 2 OF 4 Gene Thompson, Esq. OBA No. 31243 Margaret Cook, Esq. OBA No. 31354 Keri D. Palacios, Esq. OBA No. 34175 Charles C. McCaskey, Esq. OBA No. 34718 101 E. Lee Ave. Sapulpa, OK 74066 Telephone: (918) 348.0018 Facsimile: (918) 998.0344 Email: charles@creekcountylaw.com ATTORNEYS FOR DEFENDANT PAGE 3 OF 4 CERTIFICATE OF SERVICE I hereby certify that on the day of August 2023, a true and complete copy of the above and foregoing MOTION TO TRANSFER ACTION FROM SMALL CLAIMS was served by being deposited in the U.S. mail, with proper postage affixed thereon, and/or hand-delivered, via licensed process server to the following: Brian L. Carter 9657 S. 1534 W. Ave Sapulpa, OK 74066 Plaintiffs Charles C. McCaskey, Attorney for Defendants PAGE 4 OF 4 IN DISTRICT COURT, CREEK COUNTY, STATE OF OKLAHOMA DIVISION PLAINTIFF sc 2023 -385 ‘Small Claims No. —— Kenneth Som Sv. onltfe IN DISTRICT COURT DEFENDANT CREEK CO iY SAPULPA OK AFFIDAVIT J 3 27 2023 An. STATE OF OKLAHOMA, CREEK COUNTY: Amanda VanOrsdol, COl Brian 4. Carew being duly sworn, deposes and says: That the defendant resides at a3 OIC 2Yfoeb in the above named county, and that the mailing address of the defendant is. Bo} 7460 “The mailing address of the plaintitis 9G 5. (53rt_ WA Sopolpa , of 7¥OLL ‘That the defendant is indebted to the plainti in the sum ot ¢ Ol! .03 for rock, lamanes that plaintiff has demanded payment of said sum, that the defendant refused to pay ‘the same and no partof the amount sued for has been paid. and/or That the defendant is wrongfully in possession of certain personal property describes as That the value of said personal property is $. that plaintiff is entitled to possession thereof and has demanded that defendant relinquish possession of said personal prc but that defendant wholly refuses to do I hereby acknowledge that by signing this affidavit | am disclaiming any right to a trial by jury on the merits of the case. Subscribed and swom to before me this 27 day of, Dome aes My Commission Expires: AMANDA VANOR§DOL, Court Clerk (Lh, 4) The people of the State of Oklahoma, to the with-in defendant(s): You are hereby directed to appear and answer the foregoing claim and to have with you all books, papers and witnesses needed by you to establishiae SOURTHOU: Re EE UTED Cy {nameffl ederess SAPULPA,OK 74066 This matter shail be heard Cheek. Syuuen of bung) Zed Aloo f ;, County or Cert.5 ene LX ost en ofthe AI aay of ZF or at the same time and place seven (7) days atter service hereof, whichever is the latter. you are father nolified that in case you do not so appear judgment will be given against you as follows: For the amount of said claim as it is stated in said affidavit, or for possession of the personal property described in said affidavit. And in addition, for costs of the action (including attorney fees where provided by law), including costs of service of the order. Dated this ZT aay of 2022, AMANDA V) spot, Court Clerk P= = [D1 LAMY Lea ZEA. EXHIBIT Deputy = co IN THE DISTRICT COURT IN AND FOR CREEK COUNTY SAPULPA DIVISION, STATE OF OKLAHOMA BRIAN CARTER, ) Plaintiff, ) Vv. ) SC-2023-385 ) KENNETH SAM, Sr., ) Defendant. ) ORDER TRANSFERRING ACTION FROM SMALL CLAIMS COURT TO DISTRICT COURT THIS MATTER comes before the Court upon the Motion to Transfer Action From Small Claims Court (“Motion”) by, Kenneth Sam, Sr., (“Defendant”), by and through his attorney of record G. Gene Thompson, Esq., Keri D. Palacios, Esq., Rachel L. Farrar, Esq., and Charles C. McCaskey, Esq. of Creek County Law, P.L.L.C., for an Order of this Court transferring this action from the small claims docket to the civil docket of the District Court. The Court, upon review of the files and records in this case being otherwise fully advised in the premises finds and orders as follows: 1 This action should be transferred to the “CS” or “CJ” civil docket of the District Court to allow Defendant to conduct discovery with regards to Plaintiffs claim and assert counterclaims that are not limited to a dollar amount. 2 Defendant timely filed this Motion and deposited with the clerk of the Court the sum of $50.00. 3 The Defendant has served the plaintiff within the statutorily required time. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that this matter is transferred to another docket of the District Court. EXHIBIT 3 WITTNESS MY HAND this day of » 2023. Judge of the District Court Prepared by: G. Gene Thompson, Esq., OBA #31243 Margaret Cook, Esq., OBA #31357 Keri D. Palacios, Esq., OBA #34175 Rachel L. Farrar, Esq., OBA #31988 Charles C. McCaskey, Esq., OBA #34718 Creek County Law, P.L.L.C. 101 E. Lee Ave. Sapulpa, Oklahoma 74066 Telephone: 918.223-3044 Facsimile: 918.998-0344 ATTORNEYS FOR DEFENDANT