Date: 02-28-2015

Case Style: John Serna v. Estate of Jack Wesley Branstetter, deceased, et al.

Case Number: CJ-2012-00055

Judge: Phillip A. Ross

Court: District Court, Kay County, Oklahoma

Plaintiff's Attorney: Ken Jean and Derrick Morton

Defendant's Attorney: Tony Mareshie and Ken Holmes

Description: Ponca City, OK - John Serna and Nattie Herrera, individually and a representatives of the Estate of Miranda Serna, sued the Estate of Jack Wesley Branstetter. The Plaintiff sued the Defendants on wrongful death theories seeking compensation for the wrongful death of their daughter, Miranda Serna, an assistant basket ball coach who died in the crash of a airplane piloted by Jack Wesley Branstetter, who was also killed in the same plane crash during a recruiting trip in 2011.

Court docket entries:

04/27/2012 PETITION ($10,001 OR MORE) $163.00
LAW LIBRARY $6.00
DISPUTE MEDIATION ASSESSMENT $2.00
Oklahoma Court Information System Fee - Effective 07/01/04 $25.00
LENGTHY TRIAL FUND $10.00
OK COURT APPOINTED SPECIAL ADVOCATES $5.00
10% OF CASA TO COURT CLERK REVOLVING FUND $0.50
OK COUNCIL ON JUDICIAL COMPLAINTS REVOLVING FUND $2.00
10% OF COJC TO COURT CLERK REVOLVING FUND $0.20
07/20/2012 SUMMONS ISSUED TO ATTY TO SERVE: JACK WESLEY BRANSTETTER $5.00
10/24/2012 CM:ROSS KKC COMES NOW THE COURT ON JOINT AND AGREED STIPULATION FOR EXTENSION OF TIME TO ISSUE PROCESS OF SERVICE IN THIS CASE. IT IS THE ORDER OF THE COURT THAT PLTF SHALL ISSUE PROCESS OF SERVICE ON DEFT'S IN THIS MATTER NO LATER THAT NOVEMBER 24, 2012 WITH SERVICE DELIVERED TO DEFT'S COUNSEL, MR. KENNETH HOLMES AT 1215 EAST HIGHLAND, PONCA CITY, OKLAHOMA 74601.
10/24/2012 AGREED ORDER (1CC)
12/17/2012 DEFENDANT'S MOTION AND SUPPORTING BRIEF TO DISMISS
01/17/2013 CM:ROSS KKC CAUSE COMES ON FOR DEFT'S MOTION AND SUPPORTING BRIEF TO DISMISS. AT REQUEST OF PARTIES, COURT ORDERS MATTER STRICKEN.
01/25/2013 PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION TO DISMISS
02/20/2013 CM:ROSS KKC COMES NOW THE COURT ON MOTION TO DISMISS. COURT SETS MATTER FOR HEARING ON MARCH 21, 2013 AT 9:00AM IN PONCA CITY. ALL AS PER ORDER.
02/20/2013 ORDER SETTING HEARING ON MOTION TO DISMISS
03/13/2013 NOTICE OF REQUEST FOR ORAL ARGUMENTS AND RECORD OF HEARING AND REQUEST OF RECORD
03/14/2013 COURT REPORTER FEE REQUESTED BY: KENNETH HOLMES $20.00
03/14/2013 BILLING STATEMENT
03/18/2013 DEFENDANT'S REPLY TO PLAINTIFFS' RESPONSE TO THEIR PENDING MOTION TO DISMISS
03/21/2013 CM:ROSS KKC COURT REPORTER:VICKI HAMILTON CAUSE COMES ON FOR MOTION TO DISMISS. PLTF APPEARS THRU COUNSEL DERRICK MORTON AND KENNY JEAN. DEFT APPEARS TONY MARESHIE AND KENNETH HOLMES. COURT HEARS ARGUMENTS. COURT TAKES MATTER UNDER ADVISEMENT.
03/28/2013 ORDER OVERRULING MOTION TO DISMISS
04/08/2013 DEFENDANT'S ASSUMED OPPOSED MOTION TO CONSOLIDATE
05/07/2013 NOTICE OF REQUEST FOR ORAL ARGUMENTS AND RECORD OF HEARINGS
05/08/2013 DEFENDANTS' ASSUMED OPPOSED COMBINED MOTION AND SUPPORTING BRIEF FOR PROTECTIVE ORDER TEMPORARY LIMITING DISCOVERY TO ISSUES PERTAINING TO OLIN AND PAULA BRANSTETTER'S GTCA DEFENSE
05/16/2013 CM:ROSS KKC CAUSE COMES ON FOR DEFT'S ASSUMED OPPOSED MOTION TO CONSOLIDATE IN CJ-2012-54PC AND CJ-2012-55PC. COURT GRANTS MOTION AND CONSILDATES CJ-2012-55PC INTO CJ-2012-54PC.
11/25/2013 NOTICE OF FILING
11/25/2013 TRANSCRIPT OF MOTION TO DISMISS DATE/COURT REPORTER: MARCH 21, 2013/VICKI HAMILTON ONE ORIGINAL
09/08/2014 PLAINTIFF NETTIE HERRERA'S APPLICATION FOR HEARING TO ALLOCATE AND DISTRIBUTE SETTLEMENT PROCEEDS
09/24/2014 ORDER (DISMISSAL WITH PREJUDICE) (5CC)
11/25/2014 JOHN SERNA'S CLOSING REMARKS ON APPORTIONMENT OF WRONGFUL DEATH SETTLEMENT PROCEEDS
12/11/2014 CM:ROSS KKC COMES NOW THE COURT ON RULING ON REQUEST TO APPORTION WRONGFUL DEATH DAMAGES. COURT ORDERS THAT MS. NETTIE HERRERA IS TO RECEIVE 70% OF AVAILABLE PROCEEDS ADN MR. JOHN SERNA IS TO RECEIVE 30% OF THE AVAILABLE PROCEEDS. ALL AS PER RULING.
12/11/2014 COURT'S RULING ON REQUEST TO APPORTION WRONGFUL DEATH DAMAGES (COPIES MAILED TO PARTIES)
12/30/2014 RETURN OF MAIL (TONY MARESHIE) NOT DELIVERABLE AS ADDRESSED
11/13/2014 NETTIE HERRERA'S CLOSING REMARKS ON APPORTIONMENT OF WRONGFUL DEATH SETTLEMENT PROCEEDS
Calendar events
Date Time Description
01/17/2013 9:00am MOTION DOCKET - ROSS Completed : 01/17/2013 Code: X
03/21/2013 9:00am MOTION DOCKET - ROSS Completed : 03/21/2013 Code: X
05/16/2013 9:00am MOTION DOCKET - ROSS Completed : 05/16/2013 Code: X
09/24/2014 ST DISMISSED Completed : 09/24/2014 Code: X

Outcome: Settled for $250,000 with the proceeds divided between the parties with 70% of Nattie Herrera and 30% of John Serna.

Plaintiff's Experts:

Defendant's Experts:

Comments: