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Marc Greenberg

Lack of Court Reporter Delays Hearing


A hearing initially scheduled for Monday to consider attorney's fees for John Robert Montgomery was rescheduled due to the unavailability of a court reporter. Montgomery is representing Sallisaw Mayor Jim Hudgens in connection with a temporary injunction filed back in November. The injunction, granted by District Judge Jeff Payton, prevented Hudgens from serving as mayor. The injunction, which was dismissed in December, was filed by Sallisaw attorney Frank Sullivan III on behalf of former Sallisaw City Manager Clayton Lucas II. After the dismissal, Montgomery let the court know he intended to file a motion for attorney's fees. He filed the motion Monday. He is asking the court to order Lucas to pay attorney fees and costs incurred by the defendant (Hudgens) in the sum of $4,705.40.In support of his motion, Montgomery said on Nov. 17, 2017, Sullivan and Lucas filed an action in court “improperly requesting an injunction, providing defendant's attorney the pleadings filed by the plaintiff at approximately 4:30 p.m. that Friday afternoon, and informing the defendant's attorney that the hearing upon plaintiff's request for a temporary injunction was set on the next business day of the court....MORE

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