671 Fed.Appx. 1026 (10th Cir. 2016), 16-5021, Palzer v. Cox Oklahoma Telecom, LLC

Docket Nº:16-5021
Citation:671 Fed.Appx. 1026
Opinion Judge:Paul J. Kelly, Jr., Circuit Judge.
Party Name:MARK ANTHONY PALZER, Plaintiff - Appellant, v. COX OKLAHOMA TELECOM, LLC, a Delaware corporation, CoxCom, Inc., CoxCom, LLC, Cox Communications, LLC, or Cox Communications, or Cox Communications Kansas, LLC, Defendant - Appellee
Attorney:For Mark Anthony Palzer, Plaintiff - Appellant: N. Kay Bridger-Riley, Bridger-Riley & Associates, Tulsa, OK; Christopher Lincoln Camp, Camp Law Firm, Tulsa, OK. For COX OKLAHOMA TELECOM, LLC, a Delaware corporation, CoxCom, Inc., CoxCom, LLC, Cox Communications, LLC, or Cox Communications, or Cox...
Judge Panel:Before KELLY, GORSUCH, and MATHESON, Circuit Judges.
Case Date:November 18, 2016
Court:United States Courts of Appeals, Court of Appeals for the Tenth Circuit
 
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Page 1026

671 Fed.Appx. 1026 (10th Cir. 2016)

MARK ANTHONY PALZER, Plaintiff - Appellant,

v.

COX OKLAHOMA TELECOM, LLC, a Delaware corporation, CoxCom, Inc., CoxCom, LLC, Cox Communications, LLC, or Cox Communications, or Cox Communications Kansas, LLC, Defendant - Appellee

No. 16-5021

United States Court of Appeals, Tenth Circuit

November 18, 2016

(D.C. No. 4:15-CV-00564-GKF-TLW). (N.D. Okla.).

For Mark Anthony Palzer, Plaintiff - Appellant: N. Kay Bridger-Riley, Bridger-Riley & Associates, Tulsa, OK; Christopher Lincoln Camp, Camp Law Firm, Tulsa, OK.

For COX OKLAHOMA TELECOM, LLC, a Delaware corporation, CoxCom, Inc., CoxCom, LLC, Cox Communications, LLC, or Cox Communications, or Cox Communications Kansas, LLC, Defendant - Appellee: Rachel B. Crawford, Newton, O'Connor, Turner & Ketchum PC, Tulsa, OK; William D. Deveney, Elarbee, Thompson, Sapp & Wilson, LLP, Atlanta, GA; William Walker O'Connor, Esq., Newton, O'Connor, Turner & Ketchum PC, Tulsa, OK.

Before KELLY, GORSUCH, and MATHESON, Circuit Judges.

ORDER AND JUDGMENT[*]

Paul J. Kelly, Jr., Circuit Judge.

Mark Anthony Palzer appeals the district court's dismissal of his employment discrimination suit for failure to timely obtain service. Exercising jurisdiction under 28 U.S.C. § 1291, we reverse.

After receiving his right-to-sue letter from the Equal Employment Opportunity Commission, Mr. Palzer sought the services of attorney N. Kay Bridger-Riley, who had recently suffered an accident that

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resulted in multiple broken bones. Ms. Bridger-Riley filed a petition in state court on Mr. Palzer's behalf against his former employer, Cox Communications, on January 20, 2015. Due to the suite of medications she was taking as a result of her accident, however, she neglected to effect service on any of the Cox entities named as defendants. Because Ms. Bridger-Riley had previously resigned her admission to the Northern District of Oklahoma bar, she listed her former colleague Christopher Camp as counsel on the case as a contingency if the case was removed to federal court pursuant to an agreement between them.

On August 24, the state court issued a " Notice of Disposition Docket" in...

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