Stephens v. Child Support Services of Oklahoma Department of Human Services

CourtDistrict Court, N.D. Oklahoma
DecidedApril 24, 2025
Docket4:24-cv-00216
StatusUnknown

This text of Stephens v. Child Support Services of Oklahoma Department of Human Services (Stephens v. Child Support Services of Oklahoma Department of Human Services) is published on Counsel Stack Legal Research, covering District Court, N.D. Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stephens v. Child Support Services of Oklahoma Department of Human Services, (N.D. Okla. 2025).

Opinion

Qnited States District Court for the s2orthern District of Oklahoma

Case No. 24-cv-216-JDR-CDL

LINH TRAN STEPHENS, Plaintiff, versus CHILD SUPPORT SERVICES OF OKLAHOMA DEPARTMENT OF HUMAN SERVICES; CHARLES SCHWAB AND Co., INC.; CIERRA FREEMAN, individually and in her official capacity as court-appointed attorney for child-support enforcement, MARY JOHNMEYER, ?ndividually and in her official capacity as legal counsel of Charles Schwab and Co., Inc.; RENEE BANKS, individually and in her official capacity as Director of Child Support Services of Oklahoma Department of Human Services; JASON HOENSHELL, individually and in his official capacity as Oklahoma FDIM Coordinator, EMMALENE STRINGER, individually and in her official capacity as attorney for Child Support Services of Oklahoma Department of Human Services, JOHN DOES 1-10, employees of Child Support Services of Oklahoma Department of Human Services; JOHN DOES 11-20, employees of Charles Schwab and Co., Inc., Defendants.

OPINION AND ORDER

In February 2024, the District Court in and for Tulsa County ordered Plaintiff Linh Tran Stephens to pay $61,794.52 in past-due support to her ex- husband, the primary custodian of their minor child. Attempting to collect the arrearage, Defendant Oklahoma Child Support Services levied Ms. Ste- phens’s account with Defendant Charles Schwab and Co., Inc. Ms. Stephens sued CSS, Charles Schwab, and their respective employees for violating the Fair Debt Collection Practices Act, committing fraud, participating in a

Case No. 24-cv-216

conspiracy to violate Ms. Stephens’s rights, violating and depriving Ms. Ste- phens of her civil rights under color of state law, fraudulently obtaining con- fidential financial records, abusing the legal process, engaging in malicious prosecution and harassment, intentionally inflicting emotional distress on Ms. Stephens, misappropriating state funds, participating in extortion and abusive debt-collection practices, and defamation. Dkt. 2. Charles Schwab, CSS, and the individual defendants have filed motions to dismiss Ms. Ste- phens’s complaint. The Court grants the parties’ motions. [! Plaintiff Linh Tran Stephens is a Vietnamese citizen who resided in Tulsa, Oklahoma and has been engaged in a long custody dispute with her ex- husband, Adam Stephens. Ms. Stephens filed a petition for divorce in Tulsa County District Court in August 2015. While that action was pending, Mr. Stephens filed a petition for divorce in Columbia County, Oregon, which Ms. Stephens had executed. In January 2016, the Oregon court entered an order dissolving the marriage and requiring Ms. Stephens to pay child support for their then-two-year-old child and assume certain marital debts.” In May 2017, Ms. Stephens asked the Tulsa court to set aside the Or- egon order, arguing that the Oregon court lacked jurisdiction over the parties, child, and subject matter, and that the order did not represent the parties’ intentions as to custody and visitation. By July 11, 2017, however, Mr. and Mrs. Stephens agreed to register the Oregon order with the Tulsa court, which confirmed the Oregon order.

' The following information was obtained by reference to the publicly filed docu- ments in Stephens v. Stephens, Case No. FD-2015-2228 and Appeal No. DF-122022. The Court may, in its discretion, take judicial notice of the publicly filed records in those pro- ceedings insofar as they bear on the disposition of this matter. United States v. Ahidley, 486 F.3d 1184, 1192 n.5 (10th Cir. 2007). ? The minor child was born in July 2013.

Since July 2017, the Tulsa court has overseen proceedings pertaining to the care and custody of Mr. and Ms. Stephens’s minor child. See Stephens »v. Stephens, Case No. FD-2015-2228. During those proceedings, Ms. Ste- phens affirmatively requested relief from the Tulsa court, seeking, among other things: an interim custody order (July 2017); appointment of a guardian ad litem (March 2018); appointment of a parenting coordinator (September 2018); appointment of a custody evaluator (January 2019); disclosure of safety records (June 2020); an order holding Mr. Stephens in contempt (July 2020); and an order requiring reenrollment in school (May 2022). The Tulsa court awarded emergency physical custody of the minor child to Mr. Stephens in June 2022 and adjusted Ms. Stephens’s child sup- port obligations in October of that same year. In February 2024, the Tulsa court again modified Ms. Stephens’s obligations, ordering her to (1) make monthly child-support payments of $1,180.12, (2) pay a percentage of various costs and expenses associated with the child’s care, and (3) pay $61,794.52 in past-due support. Jd.’ After the Court entered its order, CSS began collection efforts with respect to the $61,794.52 arrearage and levied Ms. Stephens’s retirement ac- count with Charles Schwab. Charles Schwab notified Ms. Stephens of the levy, and informed Ms. Stephens that it was obligated to comply with CSS’s demands unless it received a release. When it did not receive a release, it sold securities held in Ms. Stephens’s account to satisfy the levy. Ms. Stephens has engaged in a multi-pronged attack on the Tulsa court’s order and the levy that was issued in response to it. In addition to directly appealing the Tulsa court’s order, Ms. Stephens: sent an email insist- ing that the original, unmodified Oregon order remains binding, and

order was affirmed on appeal. Ms. Stephens has filed a petition for certiorari, which is currently pending before the Oklahoma Supreme Court.

threatening to sue those who participated in the Tulsa proceedings; sought the recusal of Judge Ludi-Leitch and Judge April Seibert and demanded re- view of the CSS levy and the award of child support; and filed a civil action in Tulsa County District Court challenging the Tulsa court’s order and the levy issued by CSS.* In addition, she sued CSS, Charles Schwab, CSS em- ployees Cierra Freeman, Renee Banks, Jason Hoenshell, Emmalene Stringer, and Charles Schwab employee Mary Johnmeyer in this Court for violations of various federal laws. See Dkt. 2. Each of the named and served Defendants have moved to dismiss this action. Ms. Freeman argues that Ms. Stephens has failed to state a claim against her and seeks dismissal under Rule 12(b)(6) of the Federal Rules of Civil Procedure. Dkt. 15. Defendants Charles Schwab and Mary Johnmeyer argue that the Court should abstain from exercising jurisdiction over this case under Younger v. Harris, 401 U.S. 37 (1971) and, in the alternative, seek dis- missal for failure to state a claim for relief under Rule 12(b)(6). Dkt. 20. The remaining defendants argue that Ms. Stephens’s claims against them should be dismissed on sovereign immunity grounds; that the Court should decline to hear Ms. Stephens’s claims under the Rooker-Feldman doctrine and Younger v. Harris; and that Ms. Stephens has failed to state a claim against them. Dkts. 24, 25, 35, 37. These motions are fully briefed and ripe for re- view.’

* The allegations in that case, Stephens v. Oklahoma, No. CV-2024-01311, are similar but not identical to the allegations in Ms. Stephens’s federal-court complaint. * Ms. Stephens has filed multiple documents that are not expressly permitted under this Court’s local rules, including a response to two reply briefs [Dkt. 44] and a notice of criminal complaint [Dkt. 50]. Although some of the defendants have asked the Court to strike these documents [Dkts. 45, 46, 52], the Court, in its discretion and in view of Ms. Stephens’s pro se status, will consider them for purposes of this order. The motions to strike are denied.

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