Smidt v. Ryle et al Featured Case

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Plaintiff: Richard J Smidt 
Defendants: Franklin J Ryle, Wyoming Department of Transportation John Cox, Wyoming Highway Patrol Colonel Sam Powell, Jess Oyler, John Butler, Keith Groeneweg, Willie Price, Devan Henderson and Nate Hughes
 
Case Number: 2:2010cv00072
Filed: April 13, 2010
 
Court: Wyoming District Court
Office: Cheyenne         Office
County: U.S. (County Unknown)
Presiding Judge: Clarence A Brimmer
Referring Judge: William C Beaman
 
Nature of Suit: Torts - Injury - Other Personal Injury
Cause: 42:1983
Jurisdiction: Federal Question        
Jury Demanded By: Plaintiff        
 

Docket Report

We have record of the following docket entries for this case.
Date Filed#Document Text
October 14, 2010 VERBAL NOTICE of Settlement per email from Robert McCue to Law Clerk - All hearings VACATED. (sds, )
October 13, 201061Court Opinion or Order ORDER by the Honorable Judge William C. Beaman Denying Without Prejudice 59 Motion to Withdraw John B. Speight as Counsel of Record. (scc, )
October 12, 201060NOTICE by Plaintiff Richard J Smidt of Firm Name Change (Crank, Patrick)
October 12, 201059REFERRED TO MAGISTRATE JUDGE. MOTION to Withdraw as Attorney filed by Plaintiff Richard J Smidt. (Attachments: # 1 Proposed Order) (Speight, John)
October 1, 201058Court Opinion or Order ORDER by the Honorable Judge William C Beaman granting 57 Motion to Withdraw as Attorney. Attorney Matthew D Obrecht terminated (scc, )
September 29, 201057REFERRED TO MAGISTRATE JUDGE. MOTION to Withdraw as Attorney filed by Plaintiff Richard J Smidt. (Attachments: # 1 Proposed Order) (Obrecht, Matthew)
September 17, 201056RESPONSE to 52 Brief filed by Plaintiff Richard J Smidt. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Crank, Patrick)
September 13, 201055MINUTES for proceedings held before Judge William F Downes: Status Conference held on 9/13/2010. Parties discussed mediation with the Court, and the Court advised them that mediation would not be ordered. Court also instructed parties to use a mediator of their choice. Trial date will not be set until the parties contact the Court regarding the outcome of mediation. (Court Reporter Jamie Hendrich.) (sds, )
September 10, 201054Court Opinion or Order ORDER Granting Stipulated Motion to Extend Time for Plaintiff to Respond to State's Brief by the Honorable Judge William F Downes re 53 Motion for Extension of Time. Plaintiff shall have to and including September 17, 2010 to respond to State Defendants' brief (stbd)
September 8, 2010 Motion No Longer Referred to Magistrate Judge: 53 Stipulated MOTION for Extension of Time for Plaintiff to Respond to State's Brief referred to trial judge. (sdb, )
September 8, 201053REFERRED TO MAGISTRATE JUDGE. Stipulated MOTION for Extension of Time for Plaintiff to Respond to State's Brief filed by Plaintiff Richard J Smidt. (Attachments: # 1 Proposed Order) (Obrecht, Matthew)
September 1, 201052State Defendants BRIEF on Scheduling Issues re 51 In Court Hearing, filed by Defendants John Butler, John Cox, Keith Groeneweg, Devan Henderson, Nate Hughes, Jess Oyler, Sam Powell, Willie Price. (Westby, Melissa)
August 18, 201051MINUTES for proceedings held before Judge William F Downes: Status Conference held on 8/18/2010. The Court directed parties to brief the issues and cite 10th Circuit law. Defense is given 14 days to file their brief, the plaintiffs are given 10 days to respond. There will be no Initial Pretrial Order entered until this issue is resolved. (Court Reporter Jamie Hendrich.) (sds, )
August 11, 201050NOTICE of Hearing:Status/Scheduling Conference set for 8/18/2010 11:00 AM before Judge William F Downes. All parties shall appear by telephone, with Plaintiff's counsel initiating the call, through a conference call operator, and connecting to the Court at 307-232-2600. Call must be placed through a conference call operator or the hearing will be rescheduled at the Court's convenience. Parties are advised to have their calendars available for the hearing. (sds, )
July 27, 201049ANSWER to 48 Counterclaim, by Plaintiff Richard J Smidt, Counter Defendant Richard J Smidt. (Obrecht, Matthew) Modified on 9/16/2010 (sds, ).
May 11, 201030MOTION for Default Judgment as to Defendant Franklin J. Ryle filed by Plaintiff Richard J Smidt. (Attachments: # 1 Exhibit 1-2, # 2 Proposed Order) (Obrecht, Matthew)
July 7, 201048ANSWER to 1 Complaint with Affirmative Defenses, and, COUNTERCLAIM against Counter-Defendant Richard J Smidt by State Defendants John Cox, Sam Powell, Jess Oyler, John Butler, Keith Groeneweg, Willie Price, Nate Hughes and Devan Henderson. (Attachments: # 1 Exhibit A) (Westby, Melissa) Text modified on 7/8/2010 (sdn, ).
May 11, 201029REPLY to 26 Response, filed by Plaintiff Richard J Smidt. (Crank, Patrick)
June 23, 201047NOTICE of Initial Pretrial Conference: Initial Pretrial Conference set for 7/6/2010 09:00 AM in Judge Beaman's Chambers (Room #2204) before Judge William C Beaman. (sdb, )
May 11, 201028Position of the United States Marshals Service Regarding Plaintiff's Request for Leave of the Court to Depose Franklin J. Ryle by Movant United States Marshals Service (szf, )
June 23, 201046Court Opinion or Order ORDER by the Honorable Judge William F Downes denying 15 Motion to Dismiss (sdownes1)
May 11, 201027NOTICE of Hearing on plaintiff's Request for Leave of the Court to Depose Franklin J. Ryle Pursuant to Fed.R.Civ.P. 26(d)(1) & 30(a)(2)(B). Motion Hearing set for 5/12/2010 10:00 AM in Cheyenne Courtroom #3 (Room # 2114) before Judge William C Beaman. (sdb, )
June 14, 201045MINUTES for proceedings held before Judge William F Downes: Motion Hearing held on 6/14/2010 as to Defendant's 15 Motion to Dismiss. The Court heard argument by both Counsel and took the matter under advisement. (Court Reporter Jamie Hendrich.) (stbd)
May 11, 201026RESPONSE to 12 Motion to Expedite filed by Defendants John Butler, Keith Groeneweg, Willie Price, Devan Henderson, Nate Hughes, Wyoming Department of Transportation John Cox, Wyoming Highway Patrol Colonel Sam Powell, Jess Oyler. (Westby, Melissa)
May 28, 201044Court Opinion or Order ORDER Denying Plaintiff's Request for Leave of the Court to Depose Franklin J Ryle by the Honorable Judge William C Beaman. (szf, ).
May 10, 201025NOTICE of Attorney Appearance by Theodore R Racines on behalf of John Butler, Keith Groeneweg, Willie Price, Devan Henderson, Nate Hughes, Wyoming Department of Transportation John Cox, Wyoming Highway Patrol Colonel Sam Powell, Jess Oyler (Racines, Theodore)
May 25, 201043NOTICE of Hearing on 15 MOTION to Dismiss, Motion Hearing set for 6/14/2010 01:30 PM in Casper Courtroom #2 (Room #204) before Judge William F Downes. The Court has allotted one hour for this hearing. (sds, )
May 25, 2010 Motion No Longer Referred to Magistrate Judge: 42 MOTION for Joinder - Non-Dispositive to Plaintiff's Request for Hearing (Doc. 40) referred to trial judge (pertains to Motion to Dismiss). (sdb, )
May 10, 201024WAIVER OF SERVICE Returned Executed by Nate Hughes. Nate Hughes waiver sent on 4/14/2010, answer due 6/14/2010. (Westby, Melissa)
May 10, 201023WAIVER OF SERVICE Returned Executed by Willie Price. Willie Price waiver sent on 4/14/2010, answer due 6/14/2010. (Westby, Melissa)
May 25, 201042REFERRED TO MAGISTRATE JUDGE. MOTION for Joinder - Dispositive to Plaintiff's Request for Hearing on Motion to Dismiss (Doc. 40) filed by Defendants John Butler, John Cox, Keith Groeneweg, Sam Powell, Willie Price, Devan Henderson, Nate Hughes, Jess Oyler. (Westby, Melissa) Text modified on 5/25/2010 (sdn, ).
May 10, 201022WAIVER OF SERVICE Returned Executed by Keith Groeneweg. Keith Groeneweg waiver sent on 4/14/2010, answer due 6/14/2010. (Westby, Melissa)
May 21, 201041RESPONSE to 16 Memorandum in Support, 15 Motion to Dismiss filed by Plaintiff Richard J Smidt. (Crank, Patrick)
May 10, 201021WAIVER OF SERVICE Returned Executed by John Butler. John Butler waiver sent on 4/14/2010, answer due 6/14/2010. (Westby, Melissa)
May 21, 201040REQUEST for hearing on Motion to Dismiss by Plaintiff Richard J Smidt. (Attachments: # 1 Proposed Order) (Crank, Patrick)
May 10, 201020WAIVER OF SERVICE Returned Executed by Jess Oyler. Jess Oyler waiver sent on 4/14/2010, answer due 6/14/2010. (Westby, Melissa)
May 21, 201039PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by Plaintiff Richard J Smidt. (Crank, Patrick)
May 10, 201019WAIVER OF SERVICE Returned Executed by Wyoming Highway Patrol Colonel Sam Powell. Wyoming Highway Patrol Colonel Sam Powell waiver sent on 4/14/2010, answer due 6/14/2010. (Westby, Melissa)
May 21, 201038RESPONSE to 15 Motion to Dismiss filed by Plaintiff Richard J Smidt. (Crank, Patrick)
May 10, 201018WAIVER OF SERVICE Returned Executed by Wyoming Department of Transportation John Cox. Wyoming Department of Transportation John Cox waiver sent on 4/14/2010, answer due 6/14/2010. (Westby, Melissa)
May 21, 201037Court Opinion or Order ORDER by the Honorable Judge William F Downes granting 36 Motion to File Excess Pages (sds, )
May 10, 201017PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW re 16 Memorandum in Support, 15 Motion to Dismiss by Defendants John Butler, Keith Groeneweg, Willie Price, Devan Henderson, Nate Hughes, Wyoming Department of Transportation John Cox, Wyoming Highway Patrol Colonel Sam Powell, Jess Oyler filed by Defendants John Butler, Keith Groeneweg, Willie Price, Devan Henderson, Nate Hughes, Wyoming Department of Transportation John Cox, Wyoming Highway Patrol Colonel Sam Powell, Jess Oyler. (Westby, Melissa)
May 20, 201036Stipulated MOTION for Leave to File Excess Pages filed by Plaintiff Richard J Smidt. (Attachments: # 1 Proposed Order) (Crank, Patrick)
May 10, 201016MEMORANDUM in Support of 15 Motion to Dismiss filed by Defendants John Butler, Keith Groeneweg, Willie Price, Devan Henderson, Nate Hughes, Wyoming Department of Transportation John Cox, Wyoming Highway Patrol Colonel Sam Powell, Jess Oyler. (Attachments: # 1 Exhibit A) (Westby, Melissa)
May 12, 201035ENTRY OF DEFAULT filed against Franklin J Ryle by the Clerk of Court, Stephan Harris. (sds, ) (Additional attachment(s) added on 5/12/2010: # 1 Corrected Entry of Default) (sds, ).
May 10, 201015MOTION to Dismiss, filed by Defendants John Butler, Keith Groeneweg, Willie Price, Devan Henderson, Nate Hughes, Wyoming Department of Transportation John Cox, Wyoming Highway Patrol Colonel Sam Powell, Jess Oyler. (Westby, Melissa)
May 12, 201034Court Opinion or Order ORDER by the Honorable Judge William F Downes granting 31 Motion to Withdraw Motion. (sds, )
May 10, 201014NOTICE of complexity by Defendants John Butler, Keith Groeneweg, Willie Price, Devan Henderson, Nate Hughes, Wyoming Department of Transportation John Cox, Wyoming Highway Patrol Colonel Sam Powell, Jess Oyler ; this case is non-complex. (Westby, Melissa)
May 12, 201033MINUTES for proceedings held before Judge William C Beaman. Motion Hearing held on 5/12/2010. (Court Reporter Jan Davis.) (szf, )
May 12, 2010 Motion No Longer Referred to Magistrate Judge: 31 MOTION to Withdraw Document 30 MOTION for Default Judgment as to Defendant Franklin J. Ryle referred to trial judge. (sdb, )
May 10, 201013NOTICE of Attorney Appearance by Melissa E Westby on behalf of John Butler, Keith Groeneweg, Willie Price, Devan Henderson, Nate Hughes, Wyoming Department of Transportation John Cox, Wyoming Highway Patrol Colonel Sam Powell, Jess Oyler (Westby, Melissa)
May 6, 201012REFERRED TO MAGISTRATE JUDGE. MOTION to Expedite Deposition of Defendant Ryle filed by Plaintiff Richard J Smidt. (Attachments: # 1 Proposed Order) (Crank, Patrick)
May 12, 201032MOTION for Entry of Default against Franklin J. Ryle filed by Plaintiff Richard J Smidt. (Attachments: # 1 Exhibit, # 2 Proposed Order) (Obrecht, Matthew)
May 12, 201031REFERRED TO MAGISTRATE JUDGE. MOTION to Withdraw Document 30 MOTION for Default Judgment as to Defendant Franklin J. Ryle filed by Plaintiff Richard J Smidt. (Attachments: # 1 Proposed Order) (Obrecht, Matthew)
April 29, 201011Court Opinion or Order ORDER REASSIGNING CASE by the Honorable Judge Clarence A Brimmer. Case reassigned to Judge William F Downes for all further proceedings. Judge Clarence A Brimmer no longer assigned to case. File sent to Casper Clerk's office on April 29, 2010. (szf, )
April 23, 201010SUMMONS Returned Executed by Richard J Smidt. Devan Henderson served on 4/20/2010, answer due 5/11/2010. (Crank, Patrick)
April 23, 20109SUMMONS Returned Executed by Richard J Smidt. Franklin J Ryle served on 4/18/2010, answer due 5/10/2010. (Crank, Patrick)
April 13, 20108Praecipe for 9 Summons filed by Plaintiff Richard J Smidt. (sbad, )
April 13, 20107DEMAND for Trial by Jury filed by Plaintiff Richard J Smidt. (sbad, )
April 13, 20106NOTICE of complexity by Plaintiff Richard J Smidt ; this case is non-complex. (sbad, )
April 13, 20105NOTICE of Attorney Appearance by Matthew D Obrecht on behalf of Richard J Smidt (sbad, )
April 13, 20104NOTICE of Attorney Appearance by Patrick J Crank on behalf of Richard J Smidt (sbad, )
April 13, 20103NOTICE of Attorney Appearance by Robert Thomas McCue on behalf of Richard J Smidt (sbad, )
April 13, 20102NOTICE of Attorney Appearance by John (Jack) B Speight on behalf of Richard J Smidt (sbad, )
April 13, 20101COMPLAINT (9 summons(es) issued) with Jury Demand ( Filing fee $350 receipt #CHY008922.), filed by Richard J Smidt. (Attachments: # 1 Civil Cover Sheet) (sbad, )
Docket Report Last Updated: October 18, 2010 14:18:32 PDT

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Plaintiff: Richard J Smidt 
Represented By:  Patrick J Crank 
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Defendant: Franklin J Ryle
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Defendant: Wyoming Department of Transportation John Cox
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Defendant: Wyoming Highway Patrol Colonel Sam Powell
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Defendant: Jess Oyler
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Defendant: John Butler
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Defendant: Keith Groeneweg
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Defendant: Willie Price
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Defendant: Devan Henderson
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Defendant: Nate Hughes
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