Rocky Mountain, et al v. Alpine, WY, et al
| DONALD JORGENSON, individually and in his official capacity as Alpine Town Counsel Member, STEVE VAN VALKENBURG, individually and in his official capacity as an Alpine Police Officer, BRIAN GARDNER, individually and in his official capacity as an Alpine City Police officer and LOIS CELENTANO, individually and in her official capacity as Alpine Town Secretary |
| ROCKY MOUNTAIN ROGUES, INC., DBA Bull Moose Saloon, JAMES BLITTERSDORF and JULINE CHRISTOFFERSON |
| ALPINE, WY, DAVID LLOYD, individually and in his official capacity as Mayor of Alpine, ALPINE TOWN COUNCIL, DONALD R. HUTCHINSON, KATHY SWISTON, STEVE FUSCO, in their individual and official capacities as Alpine City Counsel Members, JAMES PHILLIPS, individually and in his official capacity as Alpine Chief of Police, TRACY MATHEW, individually and in her official capacity as Alpine Town Clerk, ALPINE PLANNING AND ZONING BOARD/COMMISSION, JOE SENDER, individually and in his official capacity as Alpine Setback Inspector, THE STATE OF WYOMING and JIM NARVA, in his individual and official capacity as Wyoming State Fire Marshal |
| 08-8087 |
| November 6, 2008 |
| U.S. Court of Appeals, Tenth Circuit |
| Other Civil Rights |
Docket Report
This docket was last retrieved on November 29, 2011. A more recent docket listing may be available from PACER.
| Document Text |
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| [9922238] Case file closed. Shipment to records center due 11/29/2013. [Entered: 11/29/2011 11:29 AM] |
| [9761492] Mandate issued. [Entered: 05/11/2010 07:31 AM] |
| [9754862] Affirmed. Terminated on the merits after oral hearing. Written, signed, unpublished. Judges Tymkovich (authoring judge), Ebel, and Gorsuch. Mandate to issue. [Entered: 04/19/2010 08:39 AM] |
| [9712316] Case argued by Donald Miller for appellant and by Christine Cox and Richard Rideout for appellee; Submitted to Judges Tymkovich, Ebel and Gorsuch. [Entered: 11/18/2009 01:42 PM] |
| [9709681] Oral Argument Acknowledgment Form filed by Alpine Planning and Zoning Board/Commission, Alpine Town Council, Alpine, WY, Mr. Steve Fusco, Mr. Donald R. Hutchinson, Mr. David Lloyd, Mr. James Phillips, Mr. Joe Sender and Ms. Kathy Swiston. Served on 11/10/2009. Manner of Service: clerk. RR [Entered: 11/10/2009 09:37 AM] |
| [9709446] Oral Argument Acknowledgment Form filed by Mr. Jim Narva and Mr. James Phillips. Served on 11/09/2009. Manner of Service: clerk. CS [Entered: 11/09/2009 02:57 PM] |
| [9709340] Oral Argument Acknowledgment Form filed by Mr. James Blittersdorf, Ms. Juline Christofferson and Rocky Mountain Rogues, Inc.. Served on 11/09/2009. Manner of Service: clerk. DEM [Entered: 11/09/2009 12:44 PM] |
| [9709127] Notice of time change for oral argument on 11/18/2009 to 8:30 a.m. Counsel shall report 45 minutes prior to the session to check in with the clerk. Arguing counsel (only) must complete a new calendar acknowledgment form and file it via ECF by 11/11/09 to confirm the change. [Entered: 11/06/2009 04:47 PM] |
| [9695306] Oral Argument Acknowledgment Form filed by Alpine Planning and Zoning Board/Commission, Alpine Town Council, Alpine, WY, Mr. Steve Fusco, Mr. Donald R. Hutchinson, Mr. David Lloyd, Mr. James Phillips, Mr. Joe Sender and Ms. Kathy Swiston. Served on 09/23/2009. Manner of Service: clerk. RR [Entered: 09/23/2009 10:15 AM] |
| [9695361] Miller, Donald E. added to arguing. Mr. Miller added again, due to ECF attorney docketing error. [Entered: 09/23/2009 11:52 AM] |
| [9695069] Oral Argument Acknowledgment Form filed by Mr. Jim Narva, Mr. James Phillips and State of Wyoming. Served on 09/22/2009. Manner of Service: clerk. CS [Entered: 09/22/2009 02:31 PM] |
| [9694875] Oral Argument Acknowledgment Form filed by Mr. James Blittersdorf, Ms. Juline Christofferson and Rocky Mountain Rogues, Inc.. Served on 09/22/2009. Manner of Service: email. DEM [Entered: 09/22/2009 10:38 AM] |
| [9694392] Calendar notice sent to counsel. Arguments to be held Wednesday, November 18, 2009, at 9:00 a.m. in Courtroom II, Byron White U.S. Courthouse, Denver, CO. Counsel is required to go to http://www.ca10.uscourts.gov under the argument calendar tab to obtain an important notice regarding calendared cases and required forms. The calendar acknowledgment form (and the custody status form when applicable) must be completed and filed with the clerk via Electronic Case Filing within 10 days of today's date. [Entered: 09/21/2009 11:12 AM] |
| [9680669] Appellant/Petitioner's reply brief filed by Mr. James Blittersdorf, Ms. Juline Christofferson and Rocky Mountain Rogues, Inc.. Original and 7 copies. Served on 07/31/2009. Manner of Service: email. DEM [Entered: 07/31/2009 02:46 PM] |
| [9677456] Minute order filed - Appellant's reply brief now due 07/31/2009 by James Blittersdorf, Juline Christofferson and Rocky Mountain Rogues, Inc... (Text Only - No Attachment) [Entered: 07/21/2009 12:21 PM] |
| [9677454] Appendix filed by Appellees Alpine Planning and Zoning Board/Commission, Alpine Town Council, Alpine, WY, Mr. Steve Fusco, Mr. Donald R. Hutchinson, Mr. David Lloyd, Ms. Tracy Mathew, Mr. James Phillips, Mr. Joe Sender and Ms. Kathy Swiston. Original and 2 copies. Appendix pages: 49. Number of volumes: 1. Hardcopy only. Served on 07/20/2009. Manner of Service: US mail. [Entered: 07/21/2009 12:18 PM] |
| [9676672] Appendix filed by Appellees Mr. Jim Narva and Mr. James Phillips. Original and 1 copies. Appendix pages: 71. Number of volumes: 1. Hardcopy only. Served on 07/16/2009. Manner of Service: US mail. [Entered: 07/17/2009 12:50 PM] |
| [9676483] Appellee/Respondent's brief filed by Alpine Planning and Zoning Board/Commission, Alpine Town Council, Alpine, WY, Mr. Steve Fusco, Mr. Donald R. Hutchinson, Mr. David Lloyd, Mr. James Phillips, Mr. Joe Sender, Tracy Matthews and Ms. Kathy Swiston. Original and 8 copies. Served on: 07/16/2009. Manner of service: email. Oral argument requested? Yes.--[Edited 07/21/2009 by NG] RR [Entered: 07/16/2009 05:07 PM] |
| [9676435] Appellee/Respondent's brief filed by Mr. Jim Narva, Mr. James Phillips and State of Wyoming. Original and 7 copies. Served on: 07/16/2009. Manner of service: ECF/NDA. Oral argument requested? Yes. CS [Entered: 07/16/2009 03:14 PM] |
| This entry has been removed from the docket - the wrong entry was used. DEM [Entered: 06/12/2009 11:07 AM] |
| [9667248] Appellant brief filed by Mr. James Blittersdorf, Ms. Juline Christofferson and Rocky Mountain Rogues, Inc.. Original and 7 copies.. Served on 06/12/2009 by email. Oral argument requested? y. Appendix filed. Original and 1copy. Appendix pages: 1066. Number of volumes: 3. Appellee's brief due 07/16/2009 for Tracy Mathew, James Phillips, State of Wyoming, Jim Narva, Alpine, WY, David Lloyd, Alpine Town Council, Donald R. Hutchinson, Kathy Swiston, Steve Fusco, Alpine Planning and Zoning Board/Commission and Joe Sender.--[Edited 10/26/2009 by NG] [Entered: 06/15/2009 01:04 PM] |
| [9665556] Deficiency notice issued. Type of deficiency: no appellant's brief/appendix filed. Appellant's brief and appendix due on 06/18/2009 for James Blittersdorf, Juline Christofferson and Rocky Mountain Rogues, Inc. [Entered: 06/08/2009 04:25 PM] |
| [9661198] Appellant's deficient brief filed by Mr. James Blittersdorf, Ms. Juline Christofferson and Rocky Mountain Rogues, Inc. Type of deficiency: Appellant's brief not e-submitted and hard copy of brief missing required attachments. Appellant's brief due on 06/01/2009 for James Blittersdorf, Juline Christofferson and Rocky Mountain Rogues, Inc. [Entered: 05/21/2009 03:24 PM] |
| [9660293] Order filed by granting Appellant's motion to extend time to file apet brief (2 days). Appellant's brief and appendix due on 05/20/2009 for James Blittersdorf, Juline Christofferson and Rocky Mountain Rogues, Inc. Counsel is cautioned that future motions not in compliance with 10th Cir. R. 27.3(C) and 27.4(F) may be denied. Served on 05/19/2009. [Entered: 05/19/2009 10:44 AM] |
| [9660182] Appellant's motion filed by Mr. James Blittersdorf, Ms. Juline Christofferson and Rocky Mountain Rogues, Inc. to extend time to file appellant's brief until 05/20/2009. Served on 05/18/2009. Manner of Service: email. [Entered: 05/18/2009 04:41 PM] |
[9656341] Order filed by Judges Kelly and McConnell denying Appellant's motion to file oversized brief filed by Appellants Rocky Mountain Rogues, Inc., Mr. James Blittersdorf and Ms. Juline Christofferson. Served on 05/05/2009. [Entered: 05/05/2009 10:20 AM]
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| [9656219] Appellant's motion filed by Mr. James Blittersdorf, Ms. Juline Christofferson and Rocky Mountain Rogues, Inc. to file an oversize brief 21,000 words long. Served on 05/04/2009. Manner of Service: US mail. [Entered: 05/05/2009 07:19 AM] |
| [9655205] Order filed by Clerk of the Court denying without prejudice to renewal appellants' motion to file oversized brief. Pursuant to F.R.A.P 32(a)(7)(A) and (B), a principal brief may exceed 30 pages if it contains no more than 14,000 words. Any such brief must contain a certificate of compliance as set forth in F.R.A.P. 32(a)(7)(C)(i). Should Appellants determine their opening brief will exceed 14,000 words, they may renew their request for leave to exceed the length limitations for their brief. Served on 04/30/2009. [Entered: 04/30/2009 01:26 PM] |
| [9655186] Appellant's motion filed by Mr. James Blittersdorf, Ms. Juline Christofferson and Rocky Mountain Rogues, Inc. to file an oversize brief 50 pages long. Served on 04/30/2009. Manner of Service: US mail. [Entered: 04/30/2009 01:01 PM] |
| [9654820] On the court's own motion and pursuant to 10th Cir. R. 33.1, order filed by (CLK) extending time to file appellants' brief and appendix until 05/18/2009. Appellants' brief and appendix due on 05/18/2009 for James Blittersdorf and Juline Christofferson. [Entered: 04/29/2009 03:08 PM] |
| [9644962] On the court's own motion and pursuant to 10th Cir. R. 33.1, order filed by (CLK) extending time to file appellants' brief and appendix until 05/04/2009. Appellants' brief and appendix due on 05/04/2009 for James Blittersdorf, Juline Christofferson and Rocky Mountain Rogues, Inc.. [Entered: 03/25/2009 09:50 AM] |
| [9638967] On the court's own motion and pursuant to 10th Cir. R. 33.1, order filed by (CLK) extending time to file appellants' brief and appendix until 04/02/2009 for James Blittersdorf, Juline Christofferson and Rocky Mountain Rogues, Inc. [Entered: 03/04/2009 10:02 AM] |
| [9633505] On the court's own motion and pursuant to 10th Cir. R. 33.1, order filed extending time to file appellants' brief until 03/03/2009. Appellants' brief and appendix due on 03/03/2009 for James Blittersdorf, Juline Christofferson and Rocky Mountain Rogues, Inc. [Entered: 02/10/2009 02:47 PM] |
| [9626687] On the court's own motion and pursuant to 10th Cir. R. 33.1, order filed by (CLK) extending time to file appellants' brief and appendix until 02/10/2009 for James Blittersdorf, Juline Christofferson and Rocky Mountain. [Entered: 01/15/2009 03:12 PM] |
| [9623304] Notice of appearance filed by Donald E. Miller for Ms. Juline Christofferson, Rocky Mountain Rogues, Inc. and Mr. James Blittersdorf. CERT. OF INTERESTED PARTIES: n. Served on 12/03/2008. Manner of Service: US mail. [Entered: 01/05/2009 10:47 AM] |
| [9619227] Notice filed that the transcript was filed by Ms. Janet Davis in district court on 12/12/2008. Manner of Service: US mail. [Entered: 12/15/2008 08:04 AM] |
| [9618524] Filed notice record is complete. Served on 12/10/2008. Manner of Service: US mail. Appellant's brief and appendix due on 01/20/2009 for James Blittersdorf, Juline Christofferson and Rocky Mountain Rogues, Inc. [Entered: 12/11/2008 08:08 AM] |
| [9615862] Deficiency notice issued. Type of deficiency: no entry of appearance filed on behalf of Appellants. Notice of appearance due on 12/12/2008 for James Blittersdorf and Rocky Mountain Rogues, Inc. [Entered: 12/02/2008 07:53 AM] |
| [9613500] Notice of appearance filed by Christine Cox for State of Wyoming, Mr. James Phillips and Mr. Jim Narva. CERT. OF INTERESTED PARTIES: n. Served on 11/19/2008. Manner of Service: US mail. --[Edited 11/20/2008 by AT] [Entered: 11/20/2008 07:56 AM] |
| [9613386] Notice of appearance filed by Mr. Richard S. Rideout for Alpine, WY, Mr. David Lloyd, Alpine Town Council, Mr. Donald R. Hutchinson, Ms. Kathy Swiston, Mr. Steve Fusco, Mr. James Phillips, Alpine Planning and Zoning Board/Commission and Mr. Joe Sender. CERT. OF INTERESTED PARTIES: n. Served on 11/19/2008. Manner of Service: US mail. [Entered: 11/19/2008 02:20 PM] |
| [9612410] Acknowledgement of transcript order filed by Mr. James Blittersdorf, Ms. Juline Christofferson and Rocky Mountain Rogues, Inc. Transcript order form due 12/02/2008 for Janet Davis (hearing on summary judgment 8/15/08). [Entered: 11/17/2008 12:49 PM] |
| [9612408] Docketing statement filed by Mr. James Blittersdorf, Ms. Juline Christofferson and Rocky Mountain Rogues, Inc. Served on 11/17/2008. Manner of Service: US mail. [Entered: 11/17/2008 12:41 PM] |
| [9612447] Case referred for mediation conferencing. Please open the document link in this notice for additional information. [Entered: 11/17/2008 01:47 PM] |
| [9610398] Civil case docketed. Preliminary record filed. DATE RECEIVED: 11/06/2008 Docketing statement due 11/21/2008 for James Blittersdorf, Juline Christofferson and Rocky Mountain Rogues, Inc. Transcript order form due 11/21/2008 for Donald E. Miller. Notice of appearance due on 11/21/2008 for Alpine Planning and Zoning Board/Commission, Alpine Town Council, Alpine, WY, James Blittersdorf, Steve Fusco, Donald R. Hutchinson, David Lloyd, Tracy Mathew, Jim Narva, James Phillips, Rocky Mountain Rogues, Inc., Joe Sender, State of Wyoming and Kathy Swiston. [Entered: 11/06/2008 12:54 PM] |
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| Search for this case: Rocky Mountain, et al v. Alpine, WY, et al | |
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| Plaintiff / appellant: ROCKY MOUNTAIN ROGUES, INC., DBA Bull Moose Saloon | |
| Represented By: | Donald E. Miller |
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| Plaintiff / appellant: JAMES BLITTERSDORF | |
| Represented By: | Donald E. Miller |
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| Plaintiff / appellant: JULINE CHRISTOFFERSON | |
| Represented By: | Donald E. Miller |
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| Defendant / appellee: ALPINE, WY | |
| Represented By: | Richard Rideout |
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| Defendant / appellee: DAVID LLOYD, individually and in his official capacity as Mayor of Alpine | |
| Represented By: | Richard Rideout |
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| Defendant / appellee: ALPINE TOWN COUNCIL | |
| Represented By: | Richard Rideout |
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| Defendant / appellee: DONALD R. HUTCHINSON | |
| Represented By: | Richard Rideout |
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| Defendant / appellee: KATHY SWISTON | |
| Represented By: | Richard Rideout |
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| Defendant / appellee: STEVE FUSCO, in their individual and official capacities as Alpine City Counsel Members | |
| Represented By: | Richard Rideout |
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| Defendant / appellee: JAMES PHILLIPS, individually and in his official capacity as Alpine Chief of Police | |
| Represented By: | Richard Rideout |
| Represented By: | Christine Stickley |
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| Defendant / appellee: TRACY MATHEW, individually and in her official capacity as Alpine Town Clerk | |
| Represented By: | Christine Stickley |
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| Defendant / appellee: ALPINE PLANNING AND ZONING BOARD/COMMISSION | |
| Represented By: | Richard Rideout |
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| Defendant / appellee: JOE SENDER, individually and in his official capacity as Alpine Setback Inspector | |
| Represented By: | Richard Rideout |
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| Defendant / appellee: THE STATE OF WYOMING | |
| Represented By: | Christine Stickley |
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| Defendant / appellee: JIM NARVA, in his individual and official capacity as Wyoming State Fire Marshal | |
| Represented By: | Christine Stickley |
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| Defendant: DONALD JORGENSON, individually and in his official capacity as Alpine Town Counsel Member | |
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| Defendant: STEVE VAN VALKENBURG, individually and in his official capacity as an Alpine Police Officer | |
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| Defendant: BRIAN GARDNER, individually and in his official capacity as an Alpine City Police officer | |
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| Defendant: LOIS CELENTANO, individually and in her official capacity as Alpine Town Secretary | |
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[9656341] Order filed by Judges Kelly and McConnell denying Appellant's motion to file oversized brief filed by Appellants Rocky Mountain Rogues, Inc., Mr. James Blittersdorf and Ms. Juline Christofferson. Served on 05/05/2009. [Entered: 05/05/2009 10:20 AM]