Ailport et al v. Ailport et al
| Shane Ailport, Jill Ailport and Ailport Holdings LLC |
| Dustin Ailport, Lexi Ailport, Water Way Solutions LLC, James Paddison, Aric Holloway, Jr, Dustin Neal, Levi Butcher, Jordan Gregersen, Great Western Petroleum LLC, Gary Shinabarker and Great Western Operating Company, LLC |
| 0:2021cv00170 |
| September 13, 2021 |
| US District Court for the District of Wyoming |
| Kelly H Rankin |
| Scott W Skavdahl |
| Racketeer/Corrupt Organization |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on November 8, 2021. A more recent docket listing may be available from PACER.
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| Filing 47 JUDGMENT in favor of Defendants' against Plaintiffs' by the Honorable Scott W Skavdahl.(Court Staff, stbd) |
Filing 46
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS IN PART AND REMANDING REMAINING CLAIMS TO STATE COURT by the Honorable Scott W Skavdahl; It is ORDERED that Defendants' #6 Motion to Dismiss is GRANTED as to Count IX, the Civil RICO claim pursuant to 18 U.S.C. 1962(c). The remaining Defendants' #25 Motion to Dismiss is also GRANTED on this issue, because that motion incorporated all arguments (ECF No. 26 at 2) of the initial Motion to Dismiss (ECF No. 6). Dismissing the only federal law claim, this Court declines to exercise pendent jurisdiction over the remaining state law claims and hereby remands these remaining state law claims back to state court. It is further ORDERED, that Plaintiffs' #25 Motion to Strike is denied and the 4:45 p.m. hearing today, November 5, 2021, is hereby VACATED.(Court Staff, stbd)
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| Filing 45 (TEXT-ONLY) ORDER by the Honorable Scott W Skavdahl granting #42 Motion for Order. Per ECF No. 44, this motion is granted.(Court Staff, sbgf) |
| Filing 44 (TEXT-ONLY) ORDER by the Honorable Scott W Skavdahl granting #43 Motion for Order. Lori Dawkins, Counsel for Defendants, may appear remotely via telephone for hearing on November 5, 2021.(Court Staff, sbgf) |
| Filing 43 MOTION REFERRED TO Judge Kelly H Rankin. MOTION for Order Motion to Appear at 11/5/2021 Hearing by Telephone filed by Defendants Great Western Petroleum LLC, Gary Shinabarker. (Attachments: #1 Proposed Order Granting Motion to Appear by Telephone)(Dawkins, Lori) |
| Filing 42 MOTION to Appear by Telephone by Defendants Great Western Petroleum LLC, Gary Shinabarker. (Attachments: #1 Proposed Order Granting Motion to Appear by Telephone) (Dawkins, Lori) Modified event/text on 11/4/2021 (Court Staff, stbd). |
| Filing 41 (TEXT-ONLY) ORDER by the Honorable Scott W Skavdahl granting #40 Motion for Order Judith Studer, Counsel for Defendants, may appear remotely for the hearing on November 5, 2021.(Court Staff, sbgf) |
| Filing 40 MOTION REFERRED TO Judge Kelly H Rankin. MOTION for Order Leave to Appear Remotely for Judith Studer filed by Defendant Dustin Ailport. (Attachments: #1 Proposed Order)(Holscher, Patrick) Modified to unrefer motion on 11/4/2021 (Court Staff, skb). |
| Filing 39 DISREGARD - DOCKETING ERROR. COUNSEL TO REFILE. APPLICATION Unopposed Motion To Appear Remotely by Defendant Dustin Ailport. (Attachments: # 1 Proposed Order) (Holscher, Patrick) Modified on 11/4/2021 (Court Staff, skb). |
| Filing 38 (TEXT-ONLY) NOTICE of Hearing on #35 MOTION to Strike #33 Reply to #28 Response in Opposition to Motion to Dismiss Case IN-PERSON. Motion Hearing set for 11/5/2021 at 04:45 PM in Casper Courtroom No. 2 (Room No. 204) before Honorable Scott W Skavdahl. (Court Staff, skb) |
| Motions No Longer Referred: #40 MOTION for Order Leave to Appear Remotely for Judith Studer. (Court Staff, skb) |
| Motions No Longer Referred: #35 MOTION to Strike #33 Reply to Response, Defendants' Reply to Plaintiffs Response on Defendants Motion to Dismiss. (Court Staff, skb) |
| Filing 37 REPLY in Support of #25 Defendants Great Western Petroleum LLCs and Gary Shinabakers Motion to Dismiss filed by Defendants Great Western Petroleum LLC, Gary Shinabarker. (Dawkins, Lori) Modified text and add link on 11/3/2021 (Court Staff, skb). |
| Filing 36 AMENDED COMPLAINT against Defendant Dustin Ailport, Lexi Ailport, Levi Butcher, Great Western Petroleum LLC, Jordan Gregersen, Aric Holloway, Jr, Dustin Neal, James Paddison, Gary Shinabarker, Water Way Solutions LLC, Great Western Operating Company, LLC, filed by Ailport Holdings LLC, Shane Ailport, Jill Ailport. (Larson, Sean) |
| Filing 35 MOTION REFERRED TO Judge Kelly H Rankin. MOTION to Strike #33 Reply to #28 Response in Opposition to Motion to Dismiss Case filed by Plaintiffs Jill Ailport, Shane Ailport, Ailport Holdings LLC. (Larson, Sean) Modified text on 11/3/2021 (Court Staff, skb). Modified to unrefer motion on 11/4/2021 (Court Staff, skb). |
| Filing 34 RESPONSE in Opposition re #25 MOTION to Dismiss Case, filed by Plaintiffs Jill Ailport, Shane Ailport, Ailport Holdings LLC. (Attachments: #1 Affidavit of Shane Ailport) (Buckley, Lucas) Modified link and text on 10/27/2021 (Court Staff, skb). |
| Filing 33 REPLY to #28 Response in Opposition to Motion to Dismiss Case filed by Defendants Dustin Ailport, Lexi Ailport, Levi Butcher, Jordan Gregersen, Aric Holloway, Jr, Dustin Neal, James Paddison, Water Way Solutions LLC. (Studer, Judith) Modified text on 10/25/2021 (Court Staff, skb). |
| Filing 32 (TEXT-ONLY) ORDER by the Honorable Scott W Skavdahl.Defendants, Dustin and Lexis Ailport requested an extension until Monday, October 25, 2021 to send in their reply brief on the Motion to Dismiss. The Court granted this oral motion. Defendants will have until Oct. 25, 2021 to file a reply brief on the motion to dismiss. (Court Staff, sbgf) |
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Filing 30
ORDER denying #29 Request for hearing on Plaintiffs' Response in Opposition to Defendants' Motion to Dismiss filed by Ailport Holdings LLC, Jill Ailport, Shane Ailport by the Honorable Scott W Skavdahl. Plaintiff has until October 22, 2021 to file a reply brief of no more than ten pages. D. Wyo. Ct. R. 7.1(b)(2)(C) (2017). (Court Staff, skb)
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| Filing 29 REQUEST for hearing on #28 Plaintiffs' Response in Opposition to Defendants' Motion to Dismiss by Plaintiffs Jill Ailport, Shane Ailport, Ailport Holdings LLC. (Attachments: #1 Proposed Order Notice Setting Hearing) (Buckley, Lucas) Modified to add link on 10/25/2021 (Court Staff, skb). |
| Filing 28 RESPONSE in Opposition re #6 MOTION to Dismiss Case, filed by Plaintiffs Jill Ailport, Shane Ailport, Ailport Holdings LLC. (Buckley, Lucas) |
| Filing 27 NOTICE of Attorney Appearance by Brent Rhodes on behalf of Jill Ailport, Shane Ailport, Ailport Holdings LLC (Rhodes, Brent) |
| Filing 26 MEMORANDUM in Support of #25 Motion to Dismiss filed by Defendants Great Western Petroleum LLC, Gary Shinabarker. (Dawkins, Lori) |
| Filing 25 MOTION to Dismiss filed by Defendants Great Western Petroleum LLC, Gary Shinabarker. (Attachments: #1 Exhibit 1 - Great Western Petroleum, LLC's Affidavit, #2 Exhibit 2 - Gary Shinabarker's Affidavit)(Dawkins, Lori) |
| Filing 24 SUMMONS Returned Executed by Ailport Holdings LLC, Shane Ailport, Jill Ailport. Jordan Gregersen served on 7/30/2021, answer due on 8/20/2021 (Larson, Sean) |
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Filing 23
ORDER by the Honorable Kelly H Rankin granting #22 Motion for Extension of Time. Defendant Gary Shinabarker shall have to and including 10/12/21 to respond to Plaintiff's Complaint. (Court Staff, sag)
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| Filing 22 MOTION REFERRED TO Judge Kelly H Rankin. MOTION for Extension of Time (Non-Dispositive) requesting extension of Time to Respond to Plaintiffs' Complaint filed by Defendant Gary Shinabarker. (Attachments: #1 Proposed Order Granting Defendant Gary ShinaBarker's Unopposed Motion for Extension of Time)(Dawkins, Lori) |
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Filing 21
ORDER by the Honorable Kelly H Rankin granting #10 Motion for Extension of Time. Plaintiffs shall have to and including 10/15/21 to respond to Defendants' Motion to Dismiss. (Court Staff, sag)
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| Filing 20 Summons Returned Unexecuted and filed in State Court as to Great Western Petroleum LLC. (Court Staff, skb) |
| Filing 19 SUMMONS Returned Executed and filed in State Court. Gary Shinabarker served on 8/22/2021. (Court Staff, skb) |
| Filing 18 SUMMONS Returned Executed and filed in State Court. Levi Butcher served on 8/20/2021. (Court Staff, skb) |
| Filing 17 SUMMONS Returned Executed and filed in State Court. James Paddison served on 8/20/2021. (Court Staff, skb) Modified text on 9/29/2021 (Court Staff, skb). |
| Filing 16 SUMMONS Returned Executed and filed in State Court. Water Way Solutions LLC served on 8/24/2021. (Court Staff, skb) Modified text on 9/29/2021 (Court Staff, skb). |
| Filing 15 SUMMONS Returned Executed and filed in State Court. Lexi Ailport served on 8/24/2021. (Court Staff, skb) Modified text on 9/29/2021 (Court Staff, skb). |
| Filing 14 SUMMONS Returned Executed and filed in State Court. Aric Holloway, Jr served on 8/20/2021. (Court Staff, skb) Modified text on 9/29/2021 (Court Staff, skb). |
| Filing 13 SUMMONS Returned Executed and filed in State Court. Dustin Neal served on 8/19/2021. (Court Staff, skb) Modified text on 9/29/2021 (Court Staff, skb). |
| Filing 12 SUMMONS Returned Executed and filed in State Court. Dustin Ailport served on 8/24/2021. (Court Staff, skb) Modified text on 9/29/2021 (Court Staff, skb). |
| Filing 11 STATE COURT DOCKET SHEET. (Court Staff, skb) |
| Filing 10 MOTION REFERRED TO Judge Kelly H Rankin. MOTION for Extension of Time (Non-Dispositive) requesting extension of Response Deadline to Defendants' Motion to Dismiss filed by Plaintiffs Jill Ailport, Shane Ailport, Ailport Holdings LLC. (Attachments: #1 Proposed Order)(Larson, Sean) |
| Filing 9 NOTICE of Attorney Appearance by Lori Dawkins on behalf of Great Western Petroleum LLC, Gary Shinabarker (Dawkins, Lori) |
| Filing 8 WAIVER OF SERVICE Returned Executed by Ailport Holdings LLC, Shane Ailport, Jill Ailport. Great Western Petroleum LLC 9/21/2021, answer due 10/12/2021 (Larson, Sean) Modified to change answer date as indicated in the pleading on 9/23/2021 (Court Staff, scat). |
| Filing 7 EXHIBIT in reference to #6 Motion to Dismiss Case filed by Defendants Dustin Ailport, Lexi Ailport, Levi Butcher, Jordan Gregersen, Aric Holloway, Jr, Dustin Neal, James Paddison, Water Way Solutions LLC. (Attachments: #1 Affidavit of Dustin Ailport, #2 Exhibit Ex. A to Affidavit of Dustin Ailport, #3 Exhibit Ex. A-1 to Affidavit of Dustin Ailport, #4 Exhibit Ex. B to Affidavit of Dustin Ailport, #5 Exhibit Ex. C to Affidavit of Dustin Ailport, #6 Exhibit Ex. D to Affidavit of Dustin Ailport, #7 Exhibit Ex. E to Affidavit of Dustin Ailport) (Studer, Judith) |
| Filing 6 MOTION to Dismiss Case, filed by Defendants Dustin Ailport, Lexi Ailport, Levi Butcher, Jordan Gregersen, Aric Holloway, Jr, Dustin Neal, James Paddison, Water Way Solutions LLC. (Studer, Judith) |
| Filing 5 TRANSMITTAL OF STATE COURT RECORD by Defendants Dustin Ailport, Lexi Ailport, Levi Butcher, Jordan Gregersen, Aric Holloway, Jr, Dustin Neal, James Paddison, Water Way Solutions LLC (Studer, Judith) Modified event on 9/29/2021 (Court Staff, skb). |
| Notice of Civil Case Filing Fee Payment. Filing Fee was paid with Receipt Number: CAS002606. (Court Staff, stbd) |
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Filing 4
ORDER ON REMOVAL regarding #1 Notice of Removal by the Honorable Scott W Skavdahl (Certified copy of order mailed to State Court on this date)(Court Staff, stmo)
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| Filing 3 Notice of Judge Assignment and Consent to Proceed before a Magistrate Judge. The case has been assigned to the Honorable Scott W. Skavdahl. (Court Staff, stmo) |
| Filing 2 STATE COMPLAINT filed 7/26/2021 by Ailport Holdings LLC, Shane Ailport, Jill Ailport. (Court Staff, stmo) |
| Filing 1 NOTICE OF REMOVAL from Seventh Judicial District, Civil Action 110153. Counsel - payment is due within three calendar days. To pay the filing fee with a credit card, please use the event Notice of Civil Filing Fee in CM/ECF or send a check to the Clerk of US District Court, 2120 Capitol Avenue Room 2131, Cheyenne, WY 82001, filed by Aric Holloway, Jr, Dustin Neal, Gary Shinabarker, James Paddison, Jordan Gregersen, Great Western Petroleum LLC, Water Way Solutions LLC, Dustin Ailport, Lexi Ailport, Levi Butcher. (Attachments: #1 Civil Cover Sheet (Court Staff, stmo) Modified text on 9/13/2021 (Court Staff, stmo). |
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