KRIS AGRAWAL, Plaintiff/Appellant, VIMALA AGRAWAL, DBA EXPLORATION LLC AND/OR COAL GAS USA, LLC AND/OR ON LINE OIL INC. AND/OR MITTAL WELL, LLC AND/OR KAY KAY ENGINEERING AND/OR REALTY MANAGEMENT ASSOCIATES LLC, AN OKLAHOMA EMPLOYER, Plaintiffs, v. OKLAHOMA DEPARTMENT OF LABOR, LLOYD FIELDS, LABOR COMMISSIONER, and Wage Claimants CHRIS HOLLAND, JUSTIN HOLLAND, RICARDO POLIO, CILBERT VENTURA, and JASON COX, Defendants/Appellees., 2021 OK CIV APP 4

Summary

HOLDINGS: [1]-The trial court provided sufficient notice under Okla. Stat. tit. 12, § 2011(C)(1)(b); [2]-It sufficiently explained the basis for its order under § 2011(C)(3). That provision requires that when imposing sanctions, the court shall describe the conduct determined to constitute a violation of this section and explain the basis for the sanction imposed; [3]-Under the plain terms of § 2011(C)(2) there can by no award of attorney fees to the moving party where there is no moving party to begin with. Accordingly, the award of attorney fees was vacated; [4]-The statute does permit a penalty to be paid directly to the court as well as non-monetary sanctions, such as the filing restrictions imposed here. The court could not conclude that the imposition of $5,000 for each frivolous filing appellant filed in this case, nor the filing restrictions imposed, were an abuse of discretion.