Farmers Insurance Company, Inc. v. Big Lots, Inc.

Filing 58

OPINION AND ORDER by Chief Judge Gregory K Frizzell ; striking/withdrawing document(s); granting 57 Motion to Strike (Re: 56 Notice (Other) ) (Documents Terminated: 56 Notice (Other) ) (kjp, Dpty Clk)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OKLAHOMA
FARMERS INSURANCE COMPANY,
INC., a/s/o DARRELL THOMPSON and
LISA THOMPSON
Plaintiffs,
v.
BIG LOTS, INC., an Ohio Corporation,
et al.,
Defendants.

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Case No. 15-CV-97-GKF-PJC

OPINION AND ORDER
Before the court is the Motion to Strike of plaintiff Lisa Thompson (“Thompson”) [Dkt.
#57]. For the following reasons, Thompson’s motion is granted.
On August 31, 2016, attorney Scott B. Goode (“Goode”) filed a notice of attorney’s lien
on any “verdict, report, decision, finding, judgment, settlement or other payment” received by
Thompson in the above-captioned matter. [Dkt. #56, p.1]. Goode represents no parties in this
action, has never filed an entry of appearance, and fails to allege any involvement in this case
whatsoever. Rather, Goode represented Thompson in an unrelated prior divorce proceeding in
Oklahoma state court, captioned In re Thompson, No. FD-2015-2474. That is not a proper basis
on which to assess a lien in this case.
In Oklahoma, an attorney may perfect a lien on a client’s judgment or recovery for
services rendered “in that suit.” Mehdipour v. Holland, 2007 OK 69, ¶ 23, 177 P.3d 544, 549
(emphasis added). Specifically, 5 O.S. 2001 § 6 provides: “[t]he attorney who represents the
party in whose behalf such pleading is filed shall . . . have a lien upon his client’s cause of action
. . . and [the] same shall attach to any verdict, report, decision, finding or judgment in his client’s

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favor.” In this way, “when the skills and services of an attorney produce a judgment . . . a lien
attaches to the fruits of his efforts.” Mehdipour, 2007 OK 69, ¶23, 177 P.3d at 549 (quotation
marks omitted). Any recovery in the above-captioned action would not be attributable to
Goode’s efforts. Accordingly, his Notice of Attorney’s Lien [Dkt. #56] is stricken. See
Wilcox v. Mid-Continent Cas. Co., 1998 OK CIV APP 189, ¶ 7, 971 P.2d 405, 406 (“It is
undisputed that Wilcox filed no pleadings whatsoever on behalf of Hedges and hence could not
establish a condition precedent for the establishment of a statutory charging lien.”).
WHEREFORE, Thompson’s Motion to Strike [Dkt. #57] is granted.
IT IS SO ORDERED this 16th day of September, 2016.
IT IS FURTHER ORDERED that the court clerk send a copy of this Order to Goode at
115 W. 3rd St., Ste. 413, Tulsa, OK 74103.

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