IN THE DISTRICT COURT IN AND FOR MCCURTAIN COUNTY

STATE OF OKLAHOMA

GARY KENT HUFFMAN and JANE CAROL )

HUFFMAN, husband and wife, )
)
PLAINTIFFS )
)
vs. ) Case No. CV-09-636
)
LUCIOUS CLARENCE CONWAY, JR., )
DEFENDANT)

DEFENDANT’S MOTION FOR SANCTIONS AGAINST GARY KENT HUFFMAN AND

JANE CAROL HUFFMAN, FOR FAILING TO INTERLOCK LOCKS, AND NOT REMOVE
ANY HAY FROM THE PROPERTY, as well as VIOLATION OF COURT ORDER AND TO
COMPEL COMPLIANCE WITH ORDER TO INTERLOCK LOCKS, AND PAY DEFENDANT
LUCIOUS CLARENCE CONWAY, JR. ($10,000.00) TEN THOUSAND DOLLARS OF ALL
INCOME GENERATED FROM THE SELL OR USE OF SAID HAY

COMES NOW the Defendant, LUCIOUS CLARENCE CONWAY, JR., Pro Se herein, and
moves this Honorable Court for entry of an Order Sanctioning the Plaintiffs, and compelling Plaintiffs
to interlock locks at the Plaintiffs’ expense and pay Defendant Lucious Clarence Conway, Jr.
$10,000.00 of all income generated from sell of said hay. In support thereof Defendant would show as
follows:
1. Pursuant to the Temporary Injunction Order of Special Judge Gary L.
Brock, the Plaintiff was ordered to interlock locks on the two gates located on the
disputed property at issue and not remove perform any waste on disputed property at issue and that
only Defendant, LUCIOUS CLARENCE CONWAY, JR. and his family and Plaintiffs and their
employees could have access to the property in issue.
2. The Court’s order required that the Plaintiffs interlock locks on both gates on the
disputed property at issue and the Plaintiff told the court they would immediately do so.
3. Defendant, LUCIOUS CLARENCE CONWAY, JR., November 30, 2009, the date of the
Court’s Order, Defendant, LUCIOUS CLARENCE CONWAY, JR., then interlocked his lock
with Plaintiffs’ lock on the first gate and placed lock and chain on second gate.
4. The Court Order Plaintiffs to interlock locks on 6/11/2010. To date Plaintiffs have not
interlocked their lock on the second gate, and Defendant, LUCIOUS CLARENCE CONWAY, JR.,
discovered said second gate lock missing from the gate approximately (7) days after the Court’s Order.
5. On Sunday, October 15, 2010 approximately (3) trucks labeled “Bailey's Lumber”
hauled 18 bails of hay off of disputed property in issue.
6. On October 15, 2010 Defendant, LUCIOUS CLARENCE CONWAY, JR., discovered
two trucks fully loaded with hay.
7. A member of the work crew informed Defendant, LUCIOUS CLARENCE CONWAY,
JR. that Billy Bailey said that Plaintiff Gary Kent Huffman gave them permission to get hay from the
disputed property.
8. Defendant, LUCIOUS CLARENCE CONWAY, JR. never received any good faith
efforts of Plaintiff to interlock locks, despite this Court’s Order in any respect. And, did in fact openly
violate it’s order not to perform any waste on disputed property.
9. The Plaintiff has made a mockery of the Court’s Injunctive Order. Not once did
the Plaintiff attempt to comply in good faith with the terms of this Honorable Court’s Order.
10. Pursuant to all relevant Oklahoma Rules of Civil Procedure as well the Federal Rules of
Civil Procedure, the failure of a party to comply with the provisions of this order my result in the
imposition of any sanctions available to the Court, including dismissal of the cause of action
without further notice. It is also well settled Oklahoma Law in accordance with the Supreme Court of
Oklahoma decision in City National Bank & Trust Company Of Oklahoma City v. Owens, 565 P.2d 4,
that:
“the court has the inherent equitable power to award…
fees regardless of fact that an award is not authorized by
statute or contract whenever overriding considerations,
such as oppressive behavior on the part of a party, indicate
the need for such recovery.”
11. The Defendant has had to have legal research performed to defend this action as a result
of the Plaintiffs’ wanton and intentional violation of the Court’s Order and has agreed to pay United
States Legal Research Group, INC reasonable paralegal fees for the provision of legal research and
document preparation services.
12. It is requested that the Court send a clear message to GARY KENT HUFFMAN and
JANE CAROL HUFFMAN as well as Plaintiff’s counsel that violation of the injunctive order and
acting in bad faith without authority will not be tolerated. The award of sanctions will curtail the failure
of the Plaintiffs to act in good faith in this and other causes pending in this District.
13. It is respectfully requested that this Court dismiss the subject action
with prejudice, impose monetary sanctions in the amount of $10,000.00 and award reasonable legal
research fees for the preparation of this motion. In the alternative if the Court does not dismiss the
case, it is requested that the Court award sanctions and fees, and order the Plaintiffs to meet with
Defendant, LUCIOUS CLARENCE CONWAY, JR. no later than 5:00 PM on the date of this
hearing, on disputed property to interlock locks on the second gate.

WHEREFORE, DEFANDANT, LUCIOUS CLARENCE CONWAY, JR., on the basis of the above
grounds, requests the Court enter an Order dismissing the subject action, and awarding sanctions and
paralegal fees or in the alternative awarding paralegal fees, sanctions, and ordering the Plaintiffs to
meet with Defendant, LUCIOUS CLARENCE CONWAY, JR. no later than 5:00 PM on the date of this
hearing on disputed property to interlock locks on the second gate.

STATE OF OKLAHOMA )
) SS.
COUNTY OF McCURTAIN )

I, LUCIOUS CLARENCE CONWAY, JR., of lawful age and being first duly sworn, on oath,
states: I am the Defendant above named, I have read the above and foregoing Defendant's Motion for
Sanctions and am familiar with the contents herein; the statements and allegations of fact herein made
and set forth are true and correct.

_________________________________
LUCIOUS CLARENCE CONWAY, JR.,
Defendant

SUBSCRIBED AND SWORN to before me this ____ day of __________, 2010.

__________________________________
NOTARY PUBLIC

My Commission Expires:

______________________

My Commission Number:

_______________________

CERTIFICATE OF SERVICE
I CERTIFY that a true and correct copy of the foregoing was mailed by U.S. Mail postage paid or hand
delivered to Kenneth R. Farley, P.O. Box 748, Idabel, Oklahoma 74745 at the District Court In And
For McCurtain County on the 9th day of June, 2010. And, mailed by U.S. Mail postage paid or hand
delivered to District Court In And For McCurtain County Clerk on the ___, day of ______________,
2010.
Respectfully submitted,

By: ______________________________
Lucious Clarence Conway
In Pro Per