IN THE DISTRICT COURT IN AND FOR MCCURTAIN COUNTY

STATE OF OKLAHOMA

LUCIOUS CLARENCE CONWAY, JR. )

PLAINTIFF, )
)
vs. ) Case No. CV-10-75
)
SAGACITY, INC., DAN LITTLE, indiv- )
idually and as incorporator, OTEKA )
LITTE, individually and as incorporator, )
BETTY MOORE, ALBERT STEWARD, )
ERMA MOODY, LUCILLE MOORE )
WILSON, MARTHA J. MOORE )
BLANCHE, CLEO MOORE, JR., )
OZZIE MAE, SMITH, JAMES H. )
JOHNSON, MAE H. JOHNSON, )
LILLIAN FORD, ALICE FAYE )
WARNER, CJ MOORE, MABEL )
GRAVES, OPHELIA WHALEY, )
FRANK NOLEN, JR., THEIR ASSIGNS )
OR SUCCESSORS IF LIVING; IF )
DECEASED, HIS OR HER HEIRS AND )
UNKNOWN HEIRS, AND ALL )
UNKNOWN CLAIMANTS OF )
INTEREST IN THE PREMISES )
ADVERSE TO PLAINTFF, )
DEFENDANTS. )

MOTION FOR SANCTIONS FOR FAILURE TO PROVIDE DISCOVERY

COMES NOW the Plaintiffs, by and through the undersigned Pro Se Plaintiff,

LUCIOUS CLARENCE CONWAY, JR., pursuant to Oklahoma Statues, and files this Motion for

Sanction for Failure to Provide Discovery and states as follows:

1. On or about XXXXXXXX, an Agreed Order on Plaintiff’s Motion to Compel

Better Responses was entered to compel Defendant to provide better responses to Interrogatories

and Request for Production within thirty (30) days.

2. To date, the Defendants have not complied with the Agreed Order by providing

any responses.
 4. Plaintiffs, therefore seek Sanctions against the Defendants, this Court to

compel Defendants’ to respond to Plaintiffs’ discovery within seven (7) days, as well as but not

limited to attorney’s fees and costs associated with filing this motion.

5. Plaintiffs also respectfully request permission to seek a default judgment

against Defendants if they fail to respond to Plaintiffs’ discovery within seven (7) days.

6. Plaintiffs state that this motion is being made in good faith and not for the

purpose of delay.

7. BRIEF OR LIST OF AUTHORITIES

WHEREFORE, Plaintiffs respectfully request that this Court grant their Motion for

Sanctions, compel Defendants’ to respond to Plaintiffs’ discovery within seven (7) days, and

award Plaintiffs their reasonable attorney’s fees and costs pursuant to Florida Rule of Civil

Procedure 1.380(d) from the Defendants, as well as such other relief as this Court deems

appropriate including permission to seek default judgment if Defendants fail to respond to

Plaintiffs’ discovery within seven (7) days.

CERTIFICATE OF SERVICE

I certify that a copy hereof has been furnished to

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX, on this___day of _____, 2009.

XXXXXXXXXX
XXXXXXXXXX
XXXXXXXXXX

By:_______________________
XXXXXXXXXXXXX
XXXXXXXXXXXXX

AFFIDAVIT AND VERIFICATION

STATE OF OKLAHOMA )
) ss.
COUNTY OF MCCURTAIN )

Lucious Clarence Conway, Jr., being first duly sworn,

states:

1. He is Pro Se Plaintiff in the above entitled cause.

2. He has made due and diligent search and inquiry to ascertain

the present whereabouts of the individual Defendants named

herein, but such information is unknown and cannot be

ascertained, and accordingly only constructive service of

process can be obtained on said Defendants.

3. Plaintiff acquired title or interest in the properties noted

in this action through tacking and Quit Claim Deed. The

Plaintiff is credibly informed and believes, and upon such

information and belief assert, that each of the Defendants

herein above named or designated makes, or during his or her

lifetime made, some claim or lien, right or title adverse to

the estate of Plaintiff in and to the real estate, or a

portion thereof, and is made a party Defendant herein by

name, as near as the same can be ascertained.

4. Plaintiff seeks relief in Quiet Title from Defendants on the

basis that during his or her lifetime made, some claim of

lien, right or title adverse to the estate of Plaintiff.

5. Defendant Sagacity, Inc .is a Oklahoma Corporation.

Defendants Dan Little and Oteka Little, are incorporating

 officers of Sagacity, Inc., and are located at 202 Lillie

Blvd. Little Bldg, Madill, Marshall County, Oklahoma 73446.

6. Defendants Betty Moore, Alberta Steward, Erma Moody, Lucille

Moore Wilson, Martha J. Moore Blanche, Cleo Moore, Jr.,

Ozzie Mae Smith, James H. Johnson, Lillian Ford, Alice Faye

Warner, CJ Moore, Mabel Graves, Ophelia Whaley, Frank Nolen,

Jr., Their Assigns or Successors, if Living; if Deceased,

His or Her Heirs and Unknown Heirs, and All Unknown

Claimants of Interest in the Premises Adverse to Plaintiff

could not be located by Plaintiff at the last known address

on record with the McCurtain County Assessor. Plaintiff

affirms that the present whereabouts of the Defendants named

herein is unknown. Defendants are not residents of the State

of Oklahoma and the actual place of residence of the

Defendants is unknown and cannot be ascertained by

Plaintiff.

_____________________________
Lucious Clarence Conway, Jr.

SUBSCRIBED AND SWORN to before me this ____ day of

_________________, 2010 by Lucious Clarence Conway, Jr.

____________________________________
Notary Public

SEAL My Commission Expires on the ____ of

___________________, ___________