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D.G. EX REL. STRICKLIN v. HENRY

Case No. 08-CV-074-GKF-FHM.

591 F.Supp.2d 1186 (2008)

D.G. by Next Friend G. Gail STRICKLIN, et al., for themselves and those similarly situated, Plaintiffs, v. C. Brad HENRY, in his official capacity as Governor of the State of Oklahoma, et al., Defendants.

United States District Court, N.D. Oklahoma.

December 11, 2008.

Attorney(s) appearing for the Case

Andrew Belkin Bauer, Carly Henek, Mark A. Beckman, Phillip A. Geraci, Rose Nadine Fontaine, Kaye Scholer LLP, Ira P. Lustbader, Jeremiah Lee Frei-Pearson, Marcia Robinson Lowry, William Kapell, Yasmin Grewal-Kok, Children's Rights, New York, NY, Bruce W. Day, Joe Earl Edwards, Day Edwards Propester & Christensen, Oklahoma City, OK, Frederic Dorwart, Paul Demuro, Frederic Dorwart Lawyers, R. Thomas Seymour, Scott Alan Graham, Seymour & Graham LLP, Tulsa, OK, for Plaintiffs.

Catherine Ann O'Leary, Department of Human Services, Donald Mitchell Bingham, Donna Marie De Simone, Holly M. Hillerman, Riggs Abney Neal Turpen Orbison & Lewis, Tulsa, OK, Joseph W. Strealy, Richard Weldon Freeman, Jr., Richard Alan Resetaritz, Department of Human Services, Robert Allen Nance, Stephen Louis Cortes, Thomas Martin Askew, Melvin Curtis Hall, Robert P. Skeith, Riggs Abney Neal Turpen Orbison & Lewis, Oklahoma City, OK, for Defendants.

OPINION AND ORDER

GREGORY K. FRIZZELL, District Judge.

This matter comes before the court on defendant Governor C. Brad Henry's Special Appearance and Motion to Dismiss [Doc. No. 58]. Defendant asserts the case should be dismissed against him pursuant to Fed.R.Civ.P. 12(b)(1) for lack of subject matter jurisdiction because plaintiffs do not have standing with respect to claims against him and therefore he is not a proper defendant. Alternatively,...

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