Griggs v. Wingard Transport LLC et al

Filing 11

ORDER re #9 Notice of Constitutional Question filed by Wingard Transport LLC, Jonathan Wingard, John D Custar. The Okla State Atty General is granted leave to intervene in this action for purposes of presenting evidence & argument on the constitutional challenge raised by dfts. The AG may intervene within 60 days of the date of this order. The clerk is DIRECTED to provide the AG with a copy of this order, a copy of #9 Defendants' Notice of Constitutional Question, a copy of #7 Defendants' Answer, & a copy of the court's docket sheet in this action. Signed by Honorable Stephen P. Friot on 1/8/2021. (llg)

Case 5:20-cv-01287-F Document 11 Filed 01/08/21 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
KELLY J. GRIGGS,
Plaintiff,
-vsWINGARD TRANSPORT, LLC,
et al.,
Defendants.

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Case No. CIV-20-1287-F

ORDER
Defendants have filed a notice of a constitutional question. Doc. no. 9. The
notice states that defendants are challenging the constitutionality of 23 O.S. § 9.1.
According to their answer (doc. no. 7), defendants allege that Oklahoma’s punitive
damages statute is unconstitutional under various provisions in the United States
Constitution and the Oklahoma Constitution.
The State of Oklahoma is not a party to this action. The subject matter of the
constitutional issue affects the public interest. Title 28 U.S.C. § 2403 and Rule 5.1,
Fed. R. Civ. P., require the court to certify the above facts to the Attorney General
of the State of Oklahoma, and the court hereby does so. See, State of Oklahoma v.
Pope, 516 F.3d 1214 (10th Cir. 2008) (remanding where notice not given to United
States Attorney General).
Accordingly, if he wishes to do so, the Oklahoma State Attorney General is
granted leave to intervene in this action for purposes of presenting evidence and
argument on the constitutional challenge raised by the defendants. The State
Attorney General may intervene within sixty days of the date of this order.

Case 5:20-cv-01287-F Document 11 Filed 01/08/21 Page 2 of 2

The clerk is DIRECTED to provide the State Attorney General with a copy
of this order, a copy of defendants’ notice of constitutional question (doc. no. 9), a
copy of defendants’ answer (doc. no. 7), and a copy of the court’s docket sheet in
this action as it now stands. The clerk shall file the transmission email.
IT IS SO ORDERED this 8th day of January, 2021.

20-1287p002.docx

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