Kristich v. United States of America et al

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF OKLAHOMA
ORIN KRISTICH, 	)
)
Plaintiff, 	)
)
v. 	) 	Case No. CIV-23-544-R
)
FNU CASADY, et al., 	)
)
Defendants. 	)
ORDER
Before the Court is “Plaintiff’s Nunc Pro Tunc Motion for Default Judgment
Pursuant to Federal Rule of Civil Procedure 55” [Doc. No. 162]. The motion seeks a default
judgment against Defendant Foster based on her failure to appear at a court ordered
settlement conference. Defendant Foster filed a response arguing that a default judgment
is not appropriate because her failure to appear was not intentional and counsel for
Defendants participated in the conference on her behalf. Upon consideration, and
specifically given that counsel participated in the settlement conference and Defendant
Foster’s absence did not appear to hinder the proceeding, the Court concludes that the
extreme sanction of default judgment is not warranted. Plaintiff’s motion is therefore
DENIED. However, Defendant Foster is cautioned that further dilatory conduct could
result in sanctions.
Also before the Court is Plaintiff’s Motion to Strike Defendant’s Motion in
Opposition to Default Judgment [Doc. No. 169] which seeks to strike certain exhibits
included in Defendant’s response to the motion for default because they are not properly
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authenticated. The Court would reach the same conclusion even without consideration of
the exhibits and the motion is therefore DENIED.
Last, Plaintiff has a filed an “Amended Motion for Recusal” [Doc. No. 171] which
seeks recusal pursuant to 28 U.S.C. § 455. Plaintiff’s motion largely re-urges arguments
that were previously rejected. Upon consideration, Plaintiff has failed to present any factual
basis that would cause a reasonable person to question whether bias, prejudice or
impartiality exists and has failed to demonstrate that there is a disqualifying financial
interest. The motion is therefore DENIED.
IT IS SO ORDERED this 15th day of January, 2026.
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