Dinsmore, et al v. New Dominion, LLC

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
(1) MARVIN B. DINSMORE and )
(2) SHERIDAN DOWNEY, III as )
Administrators of the Estate of Margaret )
D. Dinsmore, on behalf of themselves and )
All others similarly situated )
)
Plaintiffs, )
v. ) Case No. 23-CV-227-GAG-DES
)
(1) NEW DOMINION, LLC, )
)
Defendant. )
ORDER
The undersigned hereby ADOPTS the Report & Recommendation issued by Magistrate
Judge Snow (Dkt. No. 63). Accordingly, both motions to dismiss filed by defendant New
Dominion LLC (Dkt. Nos. 14 and 33) are DENIED. The undersigned, upon reviewing the
pending motions, responses thereto and report and recommendation, fully concurs with Judge
Snow’s analysis and reasoning. Additionally, the statute of limitations is an affirmative defense,
and not a factor that goes into the jurisdictional pleading in this case.
The undersigned, in his federal judicial experience of twenty-five years, is of the opinion
that at this stage, before proceeding any further, the parties could mutually benefit from one or
more mediation sessions which might resolve the matter satisfactorily for plaintiff and defendant,
as well as possibly the class. Accordingly, the parties are directed to jointly inform the
undersigned on or before March 6, 2026, whether they agree to so proceed. Also, whether they
agree to mediation before an experienced private individual agreed upon by the parties and
appointed by the undersigned (costs and fees to be evenly divided). Otherwise, a judicial officer
shall conduct the session(s). If the parties are not in agreement, the joint motion shall simply
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inform so without mentioning who. Finally, subscribing counsel shall certify that they have
shown this order to their respective clients and discussed the same.
So Ordered.
/s/ Gustavo A. Gelpí ______________
GUSTAVO A. GELPÍ
Circuit Judge, U.S. Court of Appeals for the First Circuit
Sitting by designation
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