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DAVID M. BURKE, d/b/a DAVE'S DRUG v. STATE OF WYOMING, ex rel., DEPARTMENT OF HEALTH, OFFICE OF HEALTH CARE FINANCING, EQUALITY CARE

Case Heading (S-09-0022)
Case Number:S-09-0022Case Docketed On:01/28/2009
Status:Closed
Original Court:First Judicial District Laramie CountyCase Type:Direct Appeal - Civil - Code of Civil Procedure (Title 1)
Short Title:DAVID M. BURKE, d/b/a DAVE'S DRUG v. STATE OF WYOMING, ex rel., DEPARTMENT OF HEALTH, OFFICE OF HEALTH CARE FINANCING, EQUALITY CARE
Full Title:DAVID M. BURKE, d/b/a DAVE'S DRUG, Appellant (Defendant), v. STATE OF WYOMING, ex rel., DEPARTMENT OF HEALTH, OFFICE OF HEALTH CARE FINANCING, EQUALITY CARE, Appellee (Plaintiff)

- Party Information
RoleParty NameAttorney(s)
AppellantDavid M. BurkeFrank J. Jones
AppelleeDepartment of HealthBruce A. Salzburg
Robin Sessions Cooley
Douglas J. Moench
Michael Thomas Kahler
Kristin Shaun Wilkerson

- Case Decision Information
Issues:Administrative Law and Procedure
Opinion Number:2009 WY 138
Citation:219 P.3d 122 (Wyo. 2009)

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Docket Information
Filing DateDocument DescriptionDocket Entry TypeDocket Entry SubtypeStatus
01/28/2009Event - Docketed and indexedEventDocketed and indexedFinal
01/28/2009Notice-Incoming - Record completion notice from district courtNotice-IncomingRecord completion notice from district courtFinal
01/28/2009Fees - Docket fee receivedFeesDocket fee receivedFinal
01/28/2009Notice-Outgoing - Docketing letterNotice-OutgoingDocketing letterFinal
03/13/2009Motion - Extension of time - briefMotionExtension of time - briefFinal
03/13/2009Event - Hardcopy received (received previously to e-filing).EventHardcopy receivedFinal
03/13/2009Order - Grant - extension of timeOrderGrant - extension of timeFinal
04/21/2009Brief - Appellant (appendix is on hard copies only)BriefAppellantFinal
04/21/2009Event - Hardcopy received - Brief of appellantEventHardcopy receivedFinal
06/08/2009Brief - AppelleeBriefAppelleeFinal
06/08/2009Event - Hardcopy received - Brief of appellee, Wyoming Department of Health, Office of Healthcare Financing, Equality Care; received copy of brief on disk; and received copy of designation of record on appeal.EventHardcopy receivedFinal
06/29/2009Notice-Outgoing - Request for transmitted record on appeal from District Court ClerkNotice-OutgoingRequest for transmitted record on appealFinal
06/29/2009Order - Oral argument scheduledOrderOral argument scheduledFinal
06/30/2009Event - Phone Call. Received call from Ms. Wilkerson, counsel for appellee, indicating that she is no longer at the Attorney General's office, or involved in the case.EventPhone CallFinal
07/01/2009Event - Phone Call. Received call from Michael Kahler, Assistant Attorney General, indicating that although Ms. Wilkerson is no longer on the case, she did work on the brief. She is no longer on distribution list, but considered counsel at the time of filing.EventPhone CallFinal
07/09/2009Notice-Incoming - Other - Informed by Clerk of District Court that the record is overdue because they don't have the record to prepare. It was checked out by the AG's office, who is searching for the missing record.Notice-IncomingOtherFinal
07/15/2009Record - Transmitted record on appeal from district court, two volumes, original papers.RecordTransmitted record on appealFinal
07/15/2009Notice-Outgoing - Transmitted record on appeal filedNotice-OutgoingTransmitted record on appeal filedFinal
07/17/2009Notice-Incoming - Receipt acknowledgment - oral argument setting - Frank Jones for appellant.Notice-IncomingReceipt acknowledgment - oral argument settingFinal
07/22/2009Notice-Incoming - Receipt acknowledgment - oral argument setting - Michael Kahler for Department of Health.Notice-IncomingReceipt acknowledgment - oral argument settingFinal
08/04/2009Notice-Incoming - Errata to brief of appellee.Notice-IncomingErrataFinal
08/04/2009Event - Hardcopy received - Errata to brief of appellee, Wyoming Department of Health, Office of Healthcare Financing, Equality Care.EventHardcopy receivedFinal
08/12/2009Event - Oral argument presented. Argued before full court (Frank J. Jones for appellant; Robin Sessions Cooley, Deputy Attorney General and Michael Thomas Kahler, Assistant Attorney General, argument by Mr. Kahler for appellee) and taken under advisement.EventOral argument presentedFinal
08/12/2009Notice-Internal - Oral argument noticeNotice-InternalOral argument noticeFinal
11/10/2009Opinion - Opinion and journal order affirming, Justice Kite writing for the CourtOpinionOpinion and journal orderFinal
11/30/2009Notice-Outgoing - MandateNotice-OutgoingMandateFinal
11/30/2009Record - Record returned to district courtRecordRecord returned to district courtFinal
11/30/2009Notice-Outgoing - Record return letterNotice-OutgoingRecord return letterFinal
11/30/2009Event - Case closedEventCase closedFinal
12/02/2009Service - Certified mail signature return card. Record signed for 12/1/09.ServiceCertified mail signature return cardFinal