Lovings v. Oklahoma Heart Hospital South LLC

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
RASHAD LOVINGS, an individual, )
)
Plaintiff, )
)
v. ) Case No. CIV-26-383-SLP
)
OKLAHOMA HEART HOSPITAL )
SOUTH, LLC, a domestic limited liability )
company, )
)
Defendant. )
O R D E R
Upon review of the docket, the Court issues this Order to clarify representation of
Plaintiff Rashad Lovings. The state-court Petition is signed by Plaintiff, pro se, but
includes a statement that it was “prepared with the assistance of attorney Patricia A.
Podolec.” While the Court recognizes that Rule 33 of the Rules for District Courts of
Oklahoma1 allows attorneys to draft pleadings for a pro se litigant pursuant to a “limited
scope representation,” without requiring the lawyer to enter an appearance, the local rules
of this Court do not have the same allowance. See e.g., LCvR 83.4 (“An attorney appearing
for a party in a civil case shall enter an appearance by signing and filing an entry of
1 Rule 33 of the Rules for District Courts of Oklahoma states:
A lawyer providing limited scope representation under Rule 1.2 (c) of the
Oklahoma Rules of Professional Conduct may draft pleadings or other documents
for a pro se litigant to file with or present to a district court without the lawyer
entering an appearance in the matter. A lawyer shall disclose such assistance by
indicating their name, address, bar number, telephone number, other contact
information and, optionally, a signature on said pleading or other document with
the phrase "No appearance is entered as counsel of record."
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appearance on the form prescribed by the clerk of this court.”).
Even if Ms. Podolec does not enter an appearance on Plaintiff’s behalf, the Tenth
Circuit “require[s] disclosure of attorney ghostwriting because an attorney’s provision of
substantial legal assistance to a pro se party both inappropriately shields the attorney from
accountability for h[er] actions and affords the pro se party the unwarranted benefit of a
liberal construction of h[is] filings.” Velasquez-Sierra v. Garland, No. 22-9556, 2023 WL
7179437, at *3, n. 5 (10th Cir. Nov. 1, 2023) (citing Duran v. Carris, 238 F.3d 1268, 1271-
72 (10th Cir. 2001)).
Accordingly, if Plaintiff is represented by counsel, his counsel shall file an entry of
appearance within 7 days of this Order, or by March 10, 2026. If no appearance is filed,
Plaintiff will be deemed to be proceeding pro se. However, if Plaintiff continues to receive
the ghostwriting assistance of Ms. Podolec, such assistance “must be acknowledged by
[Ms. Podolec’s] signature.” Duran, 238 F.3d at 1273.
IT IS SO ORDERED this 3rd day of March, 2026.
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