| Opinion: | Agrawal v. Okla. Dept. of Labor, 2021 OK CIV APP 4 |
| Subject matter: | Sanctions, penalties, and filing restrictions imposed under 12 O.S. § 2011. |
| Date Decided: | June 5, 2020 |
| Trial Court: | Oklahoma County, Honorable Richard Ogden |
| Route to this Court: | Appeal from Order Imposing Sanctions; Assigned to Division III of Court of Civil Appeals. |
| Facts: | Department of Labor imposed an order awarding back wages in 2010 against Mr. Agrawal and his company; the order was affirmed on appeal, but Mr. Agrawal has resisted collection efforts and has filed “seemingly endless motions” in the district court, “at least seven separate unsuccessful original actions in the Oklahoma Supreme Court seeking to either vacate the 2010 judgment or force the presiding judge’s recusal,” and “several cases in federal district court.” |
| Standard of Review: | Abuse of Discretion. |
| Analysis: | Payment of penalty into court and filing restrictions were appropriate under § 2011(C)(2); however, because the Court proceeded on its own motion and not on the motion of any party, attorney’s fees could not be awarded because language of § 2011(C)(2) only allows attorney’s fees to be awarded as sanction if “imposed on motion.” |
| Outcome: | Affirmed in part; vacated in part. |
| Vote: | Mitchell, J. (author); Buettner, J., Goree, J., concur. |
| Other: | Petition for Certiorari denied. |
