Westbank Construction Inc et al v. Miller et al
| David L Miller, Roland Smith and S Lynne Smith |
| Randell Mayers |
| Westbank Construction Inc |
| 0:2020cv00223 |
| December 2, 2020 |
| US District Court for the District of Wyoming |
| Scott W Skavdahl |
| Bankruptcy Appeal (801) |
| 28 U.S.C. § 0158 |
| None |
Docket Report
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Filing 23
ORDER by the Honorable Scott W Skavdahl denying #2 -1 Emergency Motion for Stay Pending Appeal of Order Approving Bankruptcy Asset, #18 Notice of Objection to Appellant Randell Mayers' Emergency Motion for Stay, and #20 MOTION to Strike Appellees Objection to Stay Pending Appeal. It is ORDERED that Appellant's Emergency Motion for Stay Pending Appeal of Order Approving Sale of Bankruptcy Asset (Doc. #2 -1 pp. 42-58) is DENIED AS MOOT. It is further ORDERED that Appellees' Notice of Objection to Appellant Randell Mayers' Emergency Motion to Stay (Doc. #18 ) is OVERRULED. It is further ORDERED that Appellant's Motion to Strike Pleading (Doc. #20 ) is DENIED.(Court Staff, skb)
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Filing 22
ORDER by the Honorable Scott W Skavdahl denying #5 Motion to Dismiss Appeal (with certificate). (Court Staff, skb)
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| Filing 21 SURREPLY BRIEF re #15 Reply Brief re #5 Motion to Dismiss filed by Appellant Randell Mayers. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Knight, Paul) Modified on 1/19/2021 (Court Staff, skb). |
| Filing 20 MOTION to Strike #18 Notice (Other), Appellees Objection to Stay Pending Appeal filed by Appellant Randell Mayers. (Attachments: #1 Exhibit, #2 Proposed Order)(Knight, Paul) |
| Filing 19 (TEXT-ONLY) ORDER by the Honorable Scott W Skavdahl. This matter comes before the Court sua sponte. After careful review of the record and the parties arguments, the Court finds the request for hearing on the pending motion to dismiss was improvidently granted and a hearing will not materially assist the Court in deciding the matter. Therefore, the video conference hearing set for 1/12/2021 at 1:15 PM is VACATED. Appellant Randell Mayers may file a surreply of up to 10 pages on or before 1/14/2021. The motion to dismiss #5 will be decided on the parties briefing. (Court Staff, skb) |
| Filing 18 NOTICE of Objection to Appellant Randell Mayers' Emergency Motion for Stay by Appellees Roland Smith, S Lynne Smith. (Attachments: #1 Exhibit A, #2 Exhibit B) (Sweat, Bradley) Modified on 1/8/2021 (Court Staff, skb). Modified text on 1/11/2021 (Court Staff, sjlg). |
| Filing 17 (TEXT-ONLY) NOTICE of Hearing on #5 MOTION to Dismiss Appeal (with certificate) VIA ZOOM - Connection information will be emailed to parties closer to the date of hearing. Motion Hearing set for 1/12/2021 at 01:15 PM before Honorable Scott W Skavdahl. (Court Staff, skb) |
| Filing 16 MOTION for Hearing re #5 MOTION to Dismiss Appeal (with certificate), filed by Appellant Randell Mayers. (Attachments: #1 Exhibit 1, #2 Proposed Order)(Knight, Paul) Modified on 12/30/2020 (Court Staff, skb). Modified on 12/31/2020 (Court Staff, skb). |
| Filing 15 REPLY BRIEF re #5 Motion to Dismiss filed by Appellees David L Miller, Roland Smith, S Lynne Smith. (Attachments: #1 Affidavit Miller, #2 Affidavit Sweat) (Sweat, Bradley) Modified on 12/28/2020 (Court Staff, skb). |
| Filing 14 SUPPLEMENTAL DESIGNATION of Bankruptcy Record on Appeal from Bankruptcy Court by Appellee re #1 Bankruptcy Appeal. (Court Staff, stbd) |
| Filing 13 DESIGNATION of Bankruptcy Record on Appeal from Bankruptcy Court by Appellee David L Miller, Roland Smith, S Lynne Smith re #1 Bankruptcy Appeal (Attachments: #1 Appendix) (Court Staff, stbd) |
| Filing 12 DESIGNATION of Bankruptcy Record on Appeal from Bankruptcy Court by Appellee David L Miller, Roland Smith, S Lynne Smith re #1 Bankruptcy Appeal (Attachments: #1 Exhibit A, #2 Exhibit B) (Sweat, Bradley) |
| Filing 11 RESPONSE to #5 MOTION to Dismiss Appeal (with certificate) filed by Appellant Randell Mayers. (Attachments: #1 Exhibit Exhibit 1) (Knight, Paul) |
| Filing 10 Statement of Issues on Appeal by Appellant Randell Mayers re #1 Bankruptcy Appeal. (Court Staff, stbd) |
| Filing 9 SUPPLEMENTAL DESIGNATION of Bankruptcy Record on Appeal from Bankruptcy Court by Appellant Randell Mayers re #1 Bankruptcy Appeal (Attachments: #1 Supplement, #2 Supplement) (Court Staff, stbd) (Attachments 1 & 2 replaced to put pages in order on 12/29/2020) (Court Staff, stbd). |
| Filing 8 DESIGNATION of Bankruptcy Record on Appeal from Bankruptcy Court by Appellant Randell Mayers re #1 Bankruptcy Appeal (Court Staff, stbd) |
| Filing 7 SUPPLEMENTAL DESIGNATION of Bankruptcy Record on Appeal and TRANSCRIPT ORDER FORM by Appellant Randell Mayers re #1 Bankruptcy Appeal (Knight, Paul) Modified text on 12/15/2020 (Court Staff, stbd). |
| Filing 6 DESIGNATION of Bankruptcy Record on Appeal from Bankruptcy Court by Appellant Randell Mayers re #1 Bankruptcy Appeal (Knight, Paul) |
| Filing 5 MOTION to Dismiss Appeal (with certificate) filed by Appellees Roland Smith, S Lynne Smith. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Sweat, Bradley) |
| Filing 4 DOCUMENT STRICKEN AT THE REQUEST OF COUNSEL - SEE DOCKET ENTRY #5 BRIEF IN SUPPORT OF re 3 Motion to Dismiss filed by Appellees Roland Smith, S Lynne Smith. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Sweat, Bradley) Modified text on 12/4/2020 (Court Staff, stbd). |
| Filing 3 DOCUMENT STRICKEN AT THE REQUEST OF COUNSEL-SEE DOCKET ENTRY #5 MOTION to Dismiss filed by Appellees Roland Smith, S Lynne Smith. (Sweat, Bradley) Modified text on 12/4/2020 (Court Staff, stbd). |
| Filing 2 RECORD on Appeal received from Bankruptcy Court re #1 Bankruptcy Appeal (Attachments: #1 Record on Appeal) (Court Staff, stbd) |
| Filing 1 Notice of APPEAL FROM BANKRUPTCY COURT. Bankruptcy Court case number 19-20652. (Court Staff, stbd) |
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