Westbank Construction Inc et al v. Miller et al
Appellee: David L Miller, Roland Smith and S Lynne Smith
Appellant: Randell Mayers
In Re: Westbank Construction Inc
Case Number: 0:2020cv00223
Filed: December 2, 2020
Court: US District Court for the District of Wyoming
Presiding Judge: Scott W Skavdahl
Nature of Suit: Bankruptcy Appeal (801)
Cause of Action: 28 U.S.C. ยง 0158
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 19, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 19, 2021 Opinion or Order 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)
January 19, 2021 Opinion or Order Filing 22 ORDER by the Honorable Scott W Skavdahl denying #5 Motion to Dismiss Appeal (with certificate). (Court Staff, skb)
January 14, 2021 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).
January 14, 2021 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)
January 11, 2021 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)
January 7, 2021 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).
December 31, 2020 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)
December 29, 2020 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).
December 28, 2020 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).
December 28, 2020 Filing 14 SUPPLEMENTAL DESIGNATION of Bankruptcy Record on Appeal from Bankruptcy Court by Appellee re #1 Bankruptcy Appeal. (Court Staff, stbd)
December 23, 2020 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)
December 23, 2020 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)
December 18, 2020 Filing 11 RESPONSE to #5 MOTION to Dismiss Appeal (with certificate) filed by Appellant Randell Mayers. (Attachments: #1 Exhibit Exhibit 1) (Knight, Paul)
December 9, 2020 Filing 10 Statement of Issues on Appeal by Appellant Randell Mayers re #1 Bankruptcy Appeal. (Court Staff, stbd)
December 9, 2020 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).
December 9, 2020 Filing 8 DESIGNATION of Bankruptcy Record on Appeal from Bankruptcy Court by Appellant Randell Mayers re #1 Bankruptcy Appeal (Court Staff, stbd)
December 9, 2020 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).
December 9, 2020 Filing 6 DESIGNATION of Bankruptcy Record on Appeal from Bankruptcy Court by Appellant Randell Mayers re #1 Bankruptcy Appeal (Knight, Paul)
December 4, 2020 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)
December 4, 2020 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).
December 4, 2020 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).
December 2, 2020 Filing 2 RECORD on Appeal received from Bankruptcy Court re #1 Bankruptcy Appeal (Attachments: #1 Record on Appeal) (Court Staff, stbd)
December 2, 2020 Filing 1 Notice of APPEAL FROM BANKRUPTCY COURT. Bankruptcy Court case number 19-20652. (Court Staff, stbd)

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Appellee: David L Miller
Represented By: Brian J Porter
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Appellee: Roland Smith
Represented By: Bradley C Sweat
Represented By: Matthew Freeman McLean
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Appellee: S Lynne Smith
Represented By: Bradley C Sweat
Represented By: Matthew Freeman McLean
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Appellant: Randell Mayers
Represented By: Paul K Knight
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In re: Westbank Construction Inc
Represented By: James K Lubing
Represented By: George L Arnold
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