Martina O. Olupitan, MHA v. State of Oklahoma ex rel. The Board of Regents of the University of Oklahoma et al.

Olupitan · United States District Court for the Western District of Oklahoma · February 26, 2026 · No. CIV-24-349-G

Summary

The United States District Court for the Western District of Oklahoma denied Plaintiff Martina O. Olupitan’s motion for relief under Federal Rule of Civil Procedure 60(b)(3). The Court held that Plaintiff did not provide clear and convincing evidence of fraud, misrepresentation, or misconduct warranting relief from the prior order denying her motion to disqualify defense counsel.

Holdings

  1. A party seeking relief under Rule 60(b)(3) must prove by clear and convincing evidence fraud, misrepresentation, or misconduct by an opposing party, and must show that the conduct substantially interfered with the party's ability to fully and fairly prepare for and proceed at trial. Plaintiff failed to satisfy that burden.
  2. Rule 60(b)(3) relief is not available merely to relitigate issues previously considered or to correct alleged factual errors; the rule targets judgments unfairly obtained through qualifying misconduct.

Questions Presented

  1. Whether Plaintiff established grounds under Federal Rule of Civil Procedure 60(b)(3) for relief from the Court's prior order denying her motion to disqualify defendants' counsel.
  2. Whether the alleged misconduct by defendants' counsel constituted fraud, misrepresentation, or misconduct warranting relief under Rule 60(b)(3).

Disposition

other

Cases Cited (5)

  • Olupitan v. Okla. ex rel. Bd. of Regents of Univ. of Okla., No. CIV-24-349-G, 2025 WL 978167 (W.D. Okla. Mar. 31, 2025)(followed)
  • Waetzig v. Halliburton Energy Servs., Inc., 145 F.4th 1279, 1282 (10th Cir. 2025)(followed)
  • Allender v. Raytheon Aircraft Co., 439 F.3d 1236, 1242 (10th Cir. 2006)(followed)
  • Zurich N. Am. v. Matrix Serv., Inc., 426 F.3d 1281, 1290 (10th Cir. 2005)(followed)
  • Wilkin v. Sunbeam Corp., 466 F.2d 714, 717 (10th Cir. 1972)(followed)

Cited In (0)

No citing cases on record yet.

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