Avail Valley Re-WY LLC v. Foster et al
Plaintiff: Avail Valley Re-WY LLC
Defendant: Garret Foster and Foster Five Construction LLC
Counter-Defendant: PSB Credit Services Inc, Harris Duinick, Avail Valley Re-WY LLC, Myron Mulder and Cara Mulder
Counter-Claimant: Foster Five Construction LLC and Garret Foster
Case Number: 2:2024cv00173
Filed: September 6, 2024
Court: U.S. District Court for the District of Wyoming
Presiding Judge: Alan B Johnson
Referring Judge: Scott P Klosterman
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Contract Dispute
Jury Demanded By: Both
Docket Report

This docket was last retrieved on November 8, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 8, 2024 Opinion or Order Filing 34 ORDER by the Honorable Alan B. Johnson denying #5 Motion to Transfer Venue and granting #14 Motion to Remand. This Court finds that we do not have jurisdiction to hear this case based on the lack of complete diversity between the parties. Case closed. (Certified order mailed to state court on this date) (Court Staff, sbh)
November 1, 2024 FINANCIAL ENTRY: PAYMENT OF $100 RECEIVED FOR PRO HAC VICE FEE FOR JOSEPH M WINDLER. RECEIPT 2-3816. (Court Staff, smek)
October 31, 2024 Filing 33 MINUTES for proceedings held before Honorable Alan B. Johnson: Motion Hearing held on 10/31/2024 re #14 Motion to Remand (Court Reporter: Melanie Sonntag) (Court Staff, sbh)
October 31, 2024 Filing 32 Notice of Pro Hac Vice Attorney Appearance by Joseph M Windler on behalf of Avail Valley Re-WY LLC (Windler, Joseph)
October 30, 2024 Filing 31 ERRATA - Corrected Exhibit A to #26 Notice Request for Judicial Notice by Counter Claimants Garret Foster, Foster Five Construction LLC, Defendants Garret Foster, Foster Five Construction LLC. (Brunson, Jeffrey) Modified text on 10/31/2024 (Court Staff, stmo). Modified text on 10/31/2024 (Court Staff, sbh).
October 30, 2024 Opinion or Order Filing 30 ORDER by the US Magistrate Judge Scott P. Klosterman granting #29 Motion for Joseph M. Windler to appear pro hac vice on behalf of Plaintiff Avail Valley Re-WY LLC (Order emailed to phv counsel on this date) (Court Staff, sbh)
October 30, 2024 Filing 29 MOTION REFERRED TO Judge Scott P Klosterman. MOTION for Joseph M. Windler to appear pro hac vice; Check not tendered; filed by Plaintiff Avail Valley Re-WY LLC, Counter Defendant Avail Valley Re-WY LLC. (Attachments: #1 Declaration, #2 Proposed Order)(Nethercott, Tara)
October 29, 2024 Filing 28 SUPPLEMENT re #26 Request for Judicial Notice filed by Counter Claimants Garret Foster, Foster Five Construction LLC, Defendants Garret Foster, Foster Five Construction LLC. (Attachments: #1 Exhibit A to Supplemental Request for Judicial Notice) (Brunson, Jeffrey) Modified text on 10/29/2024 (Court Staff, stmo).
October 21, 2024 Filing 27 WAIVER OF SERVICE Returned Executed by Garret Foster, Foster Five Construction LLC. Harris Duinick 9/23/2024, answer due 11/22/2024; Cara Mulder 9/23/2024, answer due 11/22/2024; Myron Mulder 9/23/2024, answer due 11/22/2024; PSB Credit Services Inc 9/23/2024, answer due 11/22/2024 (Attachments: #1 Notice of a Lawsuit and Request to Waive Service of a Summons - Harris, #2 Notice of a Lawsuit and Request to Waive Service of a Summons - Myron, #3 Notice of a Lawsuit and Request to Waive Service of a Summons - PSB) (Brunson, Jeffrey)
October 18, 2024 Filing 26 NOTICE Request for Judicial Notice by Counter Claimants Garret Foster, Foster Five Construction LLC, Defendants Garret Foster, Foster Five Construction LLC (Attachments: #1 Exhibit A to Request for Judicial Notice, #2 Exhibit B to Request for Judicial Notice, #3 Exhibit C to Request for Judicial Notice, #4 Exhibit D to Request for Judicial Notice, #5 Exhibit E to Request for Judicial Notice) (Brunson, Jeffrey) Modified text on 10/18/2024 (Court Staff, sbh).
October 17, 2024 Filing 25 NOTICE of Incorrect Exhibit in #23 Reply by Plaintiff Avail Valley Re-WY LLC, Counter Defendant Avail Valley Re-WY LLC (Attachments: #1 Corrected Exhibit A - Email Chain) (Nethercott, Tara) Added link and modified text on 10/21/2024 (Court Staff, sbh).
October 15, 2024 Filing 24 DISREGARD - Refiled at #27 NOTICE of Lawsuit and Request to Waive Service of a Summons by Counter Claimants Garret Foster, Foster Five Construction LLC, Defendants Garret Foster, Foster Five Construction LLC (Attachments: #1 Notice of a Lawsuit and Request to Waive Service of a Summons - Harris, #2 Notice of a Lawsuit and Request to Waive Service of a Summons - Myron, #3 Notice of a Lawsuit and Request to Waive Service of a Summons - PSB) (Brunson, Jeffrey) Modified text on 10/18/2024 (Court Staff, sbh) Modified on 10/22/2024 (Court Staff, sbh).
October 11, 2024 Filing 23 REPLY to #20 Brief in Opposition of Motion to Remand (Corrected Exhibit A (email chain) filed at #25 ) filed by Plaintiff Avail Valley Re-WY LLC, Counter Defendant Avail Valley Re-WY LLC. (Nethercott, Tara) Modified text on 10/18/2024 and 10/21/2024 (Court Staff, sbh).
October 10, 2024 Filing 22 (TEXT-ONLY) NOTICE of Hearing on #14 MOTION to Remand VIA ZOOM - NOTE:1. This proceeding will be held via Zoom Video/Web Conferencing with all participants appearing remotely;the Zoom ID and Passcode will be provided separately to the participants email address of record.2. Participants should connect to the proceeding 15 minutes prior to its scheduled start time to allow for troubleshooting of any connectivity issues.3. To ensure the record is of the best quality, participants are encouraged to utilize a headset to reduce static and background noise. If not using a headset, participants must ensure the audio feed at their location is muted when not speaking.***REMINDER: Recording or broadcasting of this hearing is prohibited. *** Motion Hearing set for 10/31/2024 at 9:30 AM before Honorable Alan B Johnson. (Court Staff, ssw)
October 4, 2024 Filing 21 ANSWER to #7 Counterclaim by Avail Valley Re-WY LLC. (Nethercott, Tara) Modified text on 10/7/2024 (Court Staff, sbh).
October 4, 2024 Filing 20 BRIEF in Opposition to #14 Motion to Remand filed by Defendants/Counter Claimants Garret Foster, Foster Five Construction LLC (Brunson, Jeffrey) Modified text on 10/8/2024 (Court Staff, sjlg). Modified text on 10/9/2024 (Court Staff, sbh).
October 4, 2024 Filing 19 REPLY BRIEF in Support of #5 Motion to Transfer Venue filed by Defendants/Counter Claimants Garret Foster, Foster Five Construction LLC (Brunson, Jeffrey) Modified to add link and text on 10/9/2024 (Court Staff, stmo). Modified text on 10/9/2024 (Court Staff, sbh).
September 27, 2024 Filing 18 MEMORANDUM in Support of #14 Motion to Remand filed by Plaintiff Avail Valley Re-WY LLC (Court Staff, sbh) (Main Document 18 page 5 - corrected page orientation and replaced on 10/2/2024) (Court Staff, stmo). Modified text on 10/2/2024 (Court Staff, stmo).
September 27, 2024 Filing 17 MOTION REFERRED TO Judge Scott P Klosterman REQUEST for Hearing re #14 MOTION to Remand filed by Plaintiff Avail Valley Re-WY LLC. (Attachments: #1 Proposed Order) (Nethercott, Tara) Modified on 9/27/2024 (Court Staff, ssw). Termed/Hearing Set as of 10/10/2024. Modified on 10/25/2024 (Court Staff, sbh).
September 27, 2024 Filing 16 DISREGARD - Filed in error. Counsel to refile. MOTION REFERRED TO Judge Scott P Klosterman. REQUEST for Hearing filed by Plaintiff Avail Valley Re-WY LLC. (Nethercott, Tara) Modified on 9/27/2024 (Court Staff, smxb).
September 27, 2024 Filing 15 MOTION REFERRED TO Judge Scott P Klosterman MEMORANDUM to Deny #5 Motion to Transfer Venue filed by Plaintiff Avail Valley Re-WY LLC. (Attachments: #1 Memorandum of Law) (Nethercott, Tara) Modified on 9/27/2024 (Court Staff, ssw). Modified on 9/30/2024 (Court Staff, sbh). (Attachment 1 replaced per filer's request on 10/4/2024) (Court Staff, smxb).
September 27, 2024 Filing 14 MOTION to Remand filed by Plaintiff Avail Valley Re-WY LLC. (Attachments: # Refiled separately at #18 (1) Memorandum #2 Declaration) (Nethercott, Tara) Modified on 10/1/2024 (Court Staff, sbh).
September 27, 2024 Motions No Longer Referred: #17 REQUEST for Hearing re #14 MOTION to Remand (Court Staff, ssw)
September 27, 2024 Motions No Longer Referred: #15 MOTION for Order Denying Motion to Transfer Venue (Court Staff, ssw)
September 26, 2024 Filing 13 SUMMONS Returned Executed filed in State Court on 8/13/2024 as to Defendant Foster Five Construction LLC (Court Staff, sbh) Modified text on 9/27/2024 (Court Staff, sbh).
September 26, 2024 Filing 12 SUMMONS Returned Executed filed in State Court on 8/13/2024 as to Defendant Garret Foster (Court Staff, sbh) Modified text on 9/27/2024 (Court Staff, sbh).
September 26, 2024 Filing 11 STATE COURT DOCKET SHEET (Court Staff, sbh)
September 25, 2024 Filing 10 TRANSMITTAL of State Court Record. (Brunson, Jeffrey) (Main Document 10 flattened and replaced on 9/26/2024) (Court Staff, stmo). Modified text on 9/26/2024 (Court Staff, stmo).
September 16, 2024 Filing 9 Summonses Issued (Court Staff, sbh)
September 13, 2024 Filing 8 Praecipe for Summons filed by Counter Claimants Garret Foster, Foster Five Construction LLC, Defendants Garret Foster, Foster Five Construction LLC (Attachments: #1 Summons - Cara, #2 Summons - PSB, #3 Summons - Harris) (Brunson, Jeffrey)
September 13, 2024 Filing 7 ANSWER to #3 Complaint with Affirmative Defenses with Jury Demand, COUNTERCLAIM against Counter-Defendants Avail Valley Re-WY LLC, PSB Credit Services Inc, Myron Mulder, Harris Duinick, Cara Mulder by Foster Five Construction LLC, Garret Foster. (Brunson, Jeffrey)
September 13, 2024 Filing 6 BRIEF in Support of #5 Motion to Transfer Venue filed by Defendants Garret Foster, Foster Five Construction LLC. (Attachments: #1 Exhibit A to Brief in Support of Motion to Transfer Venue) (Brunson, Jeffrey) (Attachment 1 flattened and replaced on 9/13/2024) (Court Staff, stmo). Modified text on 9/13/2024 (Court Staff, stmo). Modified text on 9/16/2024 (Court Staff, sbh). Modified text on 9/17/2024 (Court Staff, sjlg).
September 13, 2024 Filing 5 MOTION to Transfer Venue filed by Defendants Garret Foster, Foster Five Construction LLC. (Brunson, Jeffrey) Modified text on 9/17/2024 (Court Staff, sjlg).
September 11, 2024 Opinion or Order Filing 4 ORDER ON REMOVAL re #2 Notice of Removal by the Honorable Alan B. Johnson. The removing party shall file copies of all records and proceedings, together with a copy of the state court docket sheet, within 14 days. (Certified order mailed to state court on this date) (Court Staff, sbh)
September 10, 2024 Notice of Civil Case Filing Fee Payment. $405 Filing Fee was paid with Receipt Number: 2-3582. (Court Staff, stmo)
September 6, 2024 Filing 3 STATE COURT COMPLAINT filed by Avail Valley Re-WY LLC in the Third Judicial District Lincoln County on 8/5/2024. (Court Staff, sjlg) Modified text on 9/11/2024 (Court Staff, sbh).
September 6, 2024 Filing 2 NOTICE OF REMOVAL from Third Judicial District Lincoln County 2024-CV-100 filed by Foster Five Construction LLC, Garret Foster. 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 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet, #4 Proposed Order, #5 Consent Form) (Court Staff, sjlg)
September 6, 2024 Filing 1 PLEADING FILED IN ERROR - PLEASE DISREGARD ANSWER to Complaint by Foster Five Construction, LLC, Garret Foster. (Attachments: #1 Exhibit Exhibit A to Notice of Removal, #2 Exhibit Exhibit B to Notice of Removal, #3 Civil Cover Sheet Civil Cover Sheet) (Brunson, Jeffrey) Modified text on 9/10/2024 (Court Staff, sjlg).

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Defendant: Garret Foster
Represented By: Jeffrey Brunson
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Defendant: Foster Five Construction LLC
Represented By: Jeffrey Brunson
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Counter-defendant: PSB Credit Services Inc
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Counter-defendant: Harris Duinick
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Counter-defendant: Avail Valley Re-WY LLC
Represented By: Tara Brooke Nethercott
Represented By: Joseph M Windler
Represented By: Joseph M Windler
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Counter-defendant: Myron Mulder
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Counter-defendant: Cara Mulder
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Counter-claimant: Foster Five Construction LLC
Represented By: Jeffrey Brunson
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Counter-claimant: Garret Foster
Represented By: Jeffrey Brunson
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Plaintiff: Avail Valley Re-WY LLC
Represented By: Tara Brooke Nethercott
Represented By: Joseph M Windler
Represented By: Joseph M Windler
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