Banner Bank v. Smith, et al
| BANNER BANK, successor by merger of AmericanWest Bank which formerly did business in Utah as, FDBA Far West Bank |
| JAMES M. SMITH, a Utah resident and LOREE C. SMITH, an individual |
| 25-4030 |
| March 12, 2025 |
| U.S. Court of Appeals, Tenth Circuit |
| Negotiable Instruments |
Docket Report
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| Document Text |
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| Filing 32 [11210856] Minute order filed - the reply brief submitted by appellant is accepted for filing. The parties will be notified via separate docket entry if paper copies are required. (Text Only - No Attachment) [25-4030] [Entered: 09/03/2025 06:58 AM] |
| Filing 31 [11210816] Appellant/Petitioner's reply brief filed by Banner Bank. Served on 09/02/2025. Manner of Service: email. Word/page count: 6305. This pleading complies with all required privacy and virus certifications: Yes. [25-4030] SWC [Entered: 09/02/2025 04:52 PM] |
| Filing 30 [11203332] Order filed by Clerk of the Court granting, in part, appellant's motion to extend time to file reply brief. Appellant's optional reply brief now due 09/02/2025 for Banner Bank. No further extensions will be granted on the clerk's authority. Served on 08/06/2025. Text only entry - no attachment. [25-4030] [Entered: 08/06/2025 03:09 PM] |
| Filing 29 [11203322] Motion filed by Appellant Banner Bank to extend time to file a reply brief until 09/08/2025. Served on: 08/06/2025. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [25-4030] SWC [Entered: 08/06/2025 02:51 PM] |
| Filing 28 [11200412] Minute order filed - the brief and supplemental appendix submitted by appellee Loree C. Smith are accepted for filing. The parties will be notified via separate docket entry if paper copies are required. Appellant's optional reply brief now due 08/18/2025 for Banner Bank. (Text Only - No Attachment) [25-4030] [Entered: 07/28/2025 08:19 AM] |
| Filing 27 [11200388] Appellee's appendix filed by Loree C. Smith. Total number of volumes filed: 1. Served on 07/28/2025. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [25-4030] RDD [Entered: 07/28/2025 02:39 AM] |
| Filing 26 [11200387] Appellee/Respondent's brief filed by Loree C. Smith. Served on: 07/28/2025. Manner of service: email. Oral argument requested? No. Word/page count: 5569. This pleading complies with all required privacy and virus certifications: Yes. [25-4030] RDD [Entered: 07/28/2025 02:32 AM] |
| Filing 25 [11196088] Deficiency notice issued. Appellee's brief now due 07/14/2025 for James M. Smith. [25-4030] [Entered: 07/10/2025 02:21 PM] |
| Filing 24 [11189801] Order filed by Clerk of the Court granting Appellee Loree Smith's motion for 20-day extension of time to file response brief. Appellee's brief now due 07/28/2025 for Loree C. Smith. Served on 06/16/2025. Text only entry - no attachment. [25-4030] [Entered: 06/16/2025 03:52 PM] |
| Filing 23 [11189712] Motion filed by Appellee Loree C. Smith to extend time to file appellee/respondent's brief until 07/28/2025. Served on: 06/16/2025. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [25-4030] RDD [Entered: 06/16/2025 01:57 PM] |
| Filing 22 [11187261] Minute order filed - The brief and appendix submitted by appellant areaccepted for filing. The parties will be notified via separate docket entry if paper copies are required. Appellees' brief now due 07/07/2025 for James M. Smith and Loree C. Smith. (Text Only - No Attachment) [25-4030] [Entered: 06/05/2025 11:33 AM] |
| Filing 21 [11187257] Entry of appearance filed by Melanie Jones-Cannon for Banner Bank. CERT. OF INTERESTED PARTIES: n. Served on 06/05/2025. Manner of Service: email [25-4030] [Entered: 06/05/2025 11:26 AM] |
| Filing 20 [11187194] Appellant's appendix filed by Banner Bank. Total number of volumes filed: 8. Served on 06/05/2025. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [25-4030] SWC [Entered: 06/05/2025 10:27 AM] |
| Filing 19 [11187189] Entry of appearance submitted by Melanie Jones-Cannon for Appellant Banner BankBanner Bank, successor by merger of American West Bank which formerly did business in Utah as Far West Bank for court review. Certificate of Interested Parties: No. Served on 06/05/2025. Manner of Service: email. [25-4030]--[Edited 06/05/2025 by AT to remove PDF as pleading was filed on 6/5/2025.] MJ [Entered: 06/05/2025 10:21 AM] |
| Filing 18 [11187095] Notice of appellant's deficient brief and appendix received from Banner Bank. See attached letter for specifics. Appellant's corrected brief and Appendix due on 06/09/2025 for Banner Bank. [25-4030] [Entered: 06/05/2025 08:26 AM] |
| Filing 17 This entry has been removed from the docket as counsel filed a corrected appendix on 6/5/2025. [AT] [11187019] Appellant's appendix filed by Banner Bank. Total number of volumes filed: 8. Served on 06/04/2025. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [25-4030]--[Edited 06/05/2025 by AT appendix cited as deficient on 6/5/2025.] SWC [Entered: 06/04/2025 05:04 PM] |
| Filing 16 [11187012] Appellant/Petitioner's brief filed by Banner Bank. Served on 06/04/2025 by email. Oral argument requested? Yes. Word/page count: 12972. This pleading complies with all required privacy and virus certifications: Yes. [25-4030]--[Edited 06/05/2025 by AT brief cited as deficient on 6/5/2025.] --[Edited 06/05/2025 by AT - Deficiency cured by appellant counsel filing an entry of appearance on 6/5/2025.] SWC [Entered: 06/04/2025 04:50 PM] |
| Filing 15 [11173682] On the court's own motion and pursuant to 10th Cir. R. 33.1, order filed by (CLK) extending time to file appellant's brief and appendix until 06/04/2025 for Banner Bank. [25-4030] [Entered: 04/11/2025 12:49 PM] |
| Filing 14 [11169419] Rule 26 Disclosure Statement filed by Banner Bank. More than 50 parties disclosed: no. Served on 03/27/2025. Manner of Service: email. [25-4030] SWC [Entered: 03/27/2025 11:14 AM] |
| Filing 13 [11169366] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. Telephone conference scheduled for 04/11/2025 at 10:00 am (MT). The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. [Please open the Notice for important information.] [25-4030] [Entered: 03/27/2025 10:07 AM] |
| Filing 12 [11169296] Deficiency notice issued. Notice of appearance now due on 03/31/2025 for James M. Smith. [25-4030] [Entered: 03/27/2025 08:22 AM] |
| Filing 11 [11169294] Deficiency notice issued. Disclosure statement now due on 03/31/2025 for Banner Bank. [25-4030] [Entered: 03/27/2025 08:18 AM] |
| Filing 10 [11169259] Docketing statement filed by Banner Bank. Served on 03/26/2025. Manner of Service: email. [25-4030] SWC [Entered: 03/26/2025 05:43 PM] |
| Filing 9 [11168973] Filed notice record is complete. Served on 03/26/2025. Appellant's brief and appendix due on 05/05/2025 for Banner Bank. [25-4030] [Entered: 03/26/2025 07:48 AM] |
| Filing 8 [11168965] Entry of appearance filed by Mr. Robert D. Drummond, Jr. for Loree C. Smith. CERT. OF INTERESTED PARTIES: n. Served on 03/26/2025. Manner of Service: email. [25-4030] [Entered: 03/26/2025 07:06 AM] |
| Filing 7 [11168962] Entry of appearance submitted by Robert D. Drummond, Jr for Appellee Loree C. Smith for court review. Certificate of Interested Parties: No. Served on 03/26/2025. Manner of Service: email. [25-4030] --[Edited 03/26/2025 by AT to remove PDF as pleading was filed on 3/26/2025.] RDD [Entered: 03/26/2025 04:44 AM] |
| Filing 6 [11168923] Minute order filed - Notice due that record is complete by 04/01/2025 for Gary P. Serdar, Clerk of Court (oclk). (Text Only - No Attachment) [25-4030] [Entered: 03/25/2025 03:57 PM] |
| Filing 5 [11168878] Notice filed that the transcript is already on file in the district court filed by Banner Bank. Served on: 03/25/2025. Manner of Service: email. [25-4030] SWC [Entered: 03/25/2025 02:36 PM] |
| Filing 4 [11168725] Entry of appearance filed by Mr. Steven W. Call and Z. Ryan Pahnke for Banner Bank. CERT. OF INTERESTED PARTIES: n. Served on 03/25/2025. Manner of Service: email. [25-4030] [Entered: 03/25/2025 11:01 AM] |
| Filing 3 [11168721] Entry of appearance submitted by Steven W. Call and Z. Ryan Pahnke for Appellant Banner Bank for court review. Certificate of Interested Parties: No. Served on 03/25/2025. Manner of Service: email. [25-4030]--[Edited 03/25/2025 by AT to remove PDF as pleading was filed on 3/25/2025] SWC [Entered: 03/25/2025 10:51 AM] |
| Filing 1 [11165254] Civil case docketed. Preliminary record filed. DATE RECEIVED: 03/12/2025. Notice of appearance, disclosure statement, transcript order form and docketing statement due 03/26/2025 for Banner Bank. Notice of appearance due on 03/26/2025 for James M. Smith and Loree C. Smith. [25-4030] [Entered: 03/12/2025 01:45 PM] |
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| Appellant: BANNER BANK, successor by merger of AmericanWest Bank which formerly did business in Utah as, FDBA Far West Bank | |
| Represented By: | Z. Ryan Pahnke |
| Represented By: | Steven W. Call |
| Represented By: | Melanie Jones-Cannon |
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| Counter-claimant: JAMES M. SMITH, a Utah resident | |
| Represented By: | Randall Lee Marshall |
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| Counter-claimant: LOREE C. SMITH, an individual | |
| Represented By: | Robert D. Drummond Jr. |
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