| Case Heading (S-18-0173) | |||||
| Case Number: | S-18-0173 | Case Docketed On: | 07/26/2018 | ||
| Linked To: | S-18-0174 , S-18-0229 | ||||
| Status: | Closed | ||||
| Original Court: | First Judicial District Laramie County | Case Type: | Direct Appeal - Civil - Corporations, Partnerships and Associations (Title 17) | ||
| Short Title: | CENTRAL BANK & TRUST v. FRANK SMITH; MARK KIOLBASA; MICHELLE THOMAS; FARMERS STATE BANK; WYNEMA ENGSTROM; SCOTT LAMONS; WILLIAM GROSS; GREG GROSS and JOHN GROSS | ||||
| Full Title: | CENTRAL BANK & TRUST, Appellant (Plaintiff), v. FRANK SMITH; MARK KIOLBASA; MICHELLE THOMAS; FARMERS STATE BANK; WYNEMA ENGSTROM; SCOTT LAMONS; WILLIAM GROSS; GREG GROSS and JOHN GROSS, Appellees (Defendants). | ||||
| - Party Information |
| Role | Party Name | Attorney(s) |
| Appellant | Central Bank and Trust, a Wyoming banking corporation | Chadwick Scott Caby Darren J. Lemieux Adam L. Massaro |
| Appellee | Frank Smith | Timothy M. Stubson Bradley Craig Sweat Edgar O. Barraza Caleb Durling Marsha Marie Piccone Mary Jennifer Hall Jordan Factor Rachel Sternlieb |
| Appellee | Mark Kiolbasa | Timothy M. Stubson Bradley Craig Sweat Edgar O. Barraza Caleb Durling Marsha Marie Piccone Mary Jennifer Hall Jordan Factor Rachel Sternlieb |
| Appellee | Michelle Thomas | Timothy M. Stubson Bradley Craig Sweat Edgar O. Barraza Caleb Durling Marsha Marie Piccone |
| Appellee | Farmers State Bank | Timothy M. Stubson Bradley Craig Sweat Edgar O. Barraza Caleb Durling Marsha Marie Piccone |
| Appellee | Wynema Engstrom | Timothy M. Stubson Bradley Craig Sweat Edgar O. Barraza Caleb Durling Marsha Marie Piccone |
| Appellee | Scott Lamons | Timothy M. Stubson Bradley Craig Sweat Edgar O. Barraza Caleb Durling Marsha Marie Piccone |
| Appellee | William Gross | Timothy M. Stubson Bradley Craig Sweat Edgar O. Barraza Caleb Durling Marsha Marie Piccone |
| Appellee | Greg Gross | Timothy M. Stubson Bradley Craig Sweat Edgar O. Barraza Caleb Durling Marsha Marie Piccone |
| Appellee | John Gross | Timothy M. Stubson Bradley Craig Sweat Edgar O. Barraza Caleb Durling Marsha Marie Piccone |
| - Case Decision Information | |
| Issues: | Attorney Fees, Civil Procedure, Contracts, Fraud, Negligence, Trial - Jury Instructions |
| Opinion Number: | |
| Citation: | |
| Docketing Filter View |
| Display: |
| Docket Information | |||||
| Filing Date | Document Description | Docket Entry Type | Docket Entry Subtype | Status | |
| 07/26/2018 | Event - Docketed and indexed | Event | Docketed and indexed | Final | |
| 07/26/2018 | Notice-Incoming - Record completion notice from district court | Notice-Incoming | Record completion notice from district court | Final | |
| 07/26/2018 | Fees - Docket fee received | Fees | Docket fee received | Final | |
| 07/26/2018 | Notice-Outgoing - Docketing letter | Notice-Outgoing | Docketing letter | Final | |
| 07/27/2018 | Case Management Memorandum to parties. | Correspondence | Outgoing | Final | |
| 08/07/2018 | Motion - Admission pro hac vice - Caleb Durling | Motion | Admission pro hac vice | Final | |
| 08/07/2018 | Motion - Admission pro hac vice - Edgar O. Barraza | Motion | Admission pro hac vice | Final | |
| 08/08/2018 | Motion - Admission pro hac vice - Marsha Marie Piccone | Motion | Admission pro hac vice | Final | |
| 08/08/2018 | Event - Hardcopy received - Motion for Admission of Edgar O. Barraza Pro Hac Vice; and Motion for Admission of Caleb Durling Pro Hac Vice | Event | Hardcopy received | Final | |
| 08/08/2018 | Order Granting Admission of Attorneys Pro Hac Vice - Edgar O. Barraza and Caleb Durling are admitted to practice | Order | Pro hac vice - allow | Final | |
| 08/10/2018 | Motion - Admission pro hac vice (Lemieux) | Motion | Admission pro hac vice | Final | |
| 08/10/2018 | Motion - Admission pro hac vice (Massaro) | Motion | Admission pro hac vice | Final | |
| 08/10/2018 | Event - Hardcopy received - Motion for Admission of Marsha Marie Piccone Pro Hac Vice | Event | Hardcopy received | Final | |
| 08/10/2018 | Order Granting Admission of Attorney Pro Hac Vice (Marsha Marie Piccone) | Order | Pro hac vice - allow | Final | |
| 08/13/2018 | Event - Hardcopy received - Motion for Admission of Darren J. Lemieux Pro Hac Vice; and Motion for Admission of Adam L. Massaro Pro Hac Vice | Event | Hardcopy received | Final | |
| 08/13/2018 | Order Granting Admission of Attorney Pro Hac Vice (Lemieux and Massaro) | Order | Pro hac vice - allow | Final | |
| 08/27/2018 | Notice-Incoming - Entry of appearance (M.J. Hall obo Frank Smith & Mark Kiolbasa) | Notice-Incoming | Entry of appearance | Final | |
| 08/28/2018 | Motion - Extension of time - brief | Motion | Extension of time - brief | Final | |
| 08/28/2018 | Motion - Admission pro hac vice (Sternlieb) | Motion | Admission pro hac vice | Final | |
| 08/28/2018 | Motion - Admission pro hac vice (Factor) | Motion | Admission pro hac vice | Final | |
| 08/28/2018 | Event - Hardcopy received - Entry of Appearance (Hall) | Event | Hardcopy received | Final | |
| 08/28/2018 | Event - Hard copies not received - Motion for Admission Pro Hac Vice of Rachel Sternlieb | Event | Hard copies not received | Final | |
| 08/28/2018 | Event - Hardcopy received - Motion for Admission Pro Hac Vice of Jordan Factor | Event | Hardcopy received | Final | |
| 08/29/2018 | Unopposed Motion for Extension to File Appellant's Opening Brief | Event | Hardcopy received | Final | |
| 08/29/2018 | Order Granting Admission of Attorneys Pro Hac Vice (Factor & Sternlieb) | Order | Pro hac vice - allow | Final | |
| 08/29/2018 | Order Granting Appellant's Request for Extension to File Brief | Order | Grant - extension of time | Final | |
| 09/26/2018 | Brief - Appellant | Brief | Appellant | Final | |
| 09/28/2018 | Event - Hardcopy received - Appellant's Brief | Event | Hardcopy received | Final | |
| 10/01/2018 | Notice-Incoming - Appellant's Designation of record | Notice-Incoming | Designation of record | Final | |
| 10/30/2018 | Motion - Extension of time - brief | Motion | Extension of time - brief | Final | |
| 11/01/2018 | Event - Hardcopy received - Unopposed Motion for Extension of Time to File Brief of Appellee | Event | Hardcopy received | Final | |
| 11/01/2018 | Order Granting Appellees' Request for Extension to File Brief | Order | Grant - extension of time | Final | |
| 11/20/2018 | Brief - Appellee | Brief | Appellee | Final | |
| 11/26/2018 | Event - Hardcopy received - Answer Brief; and received copy of designation of record on appeal | Event | Hardcopy received | Final | |
| 11/27/2018 | Order Consolidating Appeals (for purposes of oral argument and decision) | Order | Consolidating cases | Final | |
| 12/05/2018 | Brief - Appellant reply | Brief | Appellant reply | Final | |
| 12/07/2018 | Event - Hardcopy received - Appellant's reply brief | Event | Hardcopy received | Final | |
| 01/17/2019 | Order - Oral argument scheduled | Order | Oral argument scheduled | Final | |
| 01/18/2019 | Notice-Internal - Recusal memo - Justice Boomgaarden | Notice-Internal | Recusal memo | Final | |
| 01/22/2019 | Notice-Outgoing - Request for transmitted record on appeal | Notice-Outgoing | Request for transmitted record on appeal | Final | |
| 01/25/2019 | Order Assigning Judge (Judge Fenn) | Order | Assignment of judge/justice | Final | |
| 02/01/2019 | Notice-Incoming - Receipt acknowledgment - oral argument setting - Mary Jennifer Hall o/b/o Smith and Kiolbasa | Notice-Incoming | Receipt acknowledgment - oral argument setting | Final | |
| 02/05/2019 | Notice-Incoming - Receipt acknowledgment - oral argument setting received by Rachel Sternlieb obo of Smith and Kiolbasa | Notice-Incoming | Receipt acknowledgment - oral argument setting | Final | |
| 02/05/2019 | Notice-Incoming - Receipt acknowledgment - oral argument setting received by Darren Lemieux obo Central Bank and Trust | Notice-Incoming | Receipt acknowledgment - oral argument setting | Final | |
| 02/06/2019 | Notice-Incoming - Receipt acknowledgment - oral argument setting received by Marsha Piccone obo F. Smith, Kiolbasa, Thomas, Farmers State Bank, Gross, Engstrom and Lamons | Notice-Incoming | Receipt acknowledgment - oral argument setting | Final | |
| 02/06/2019 | Notice-Incoming - Receipt acknowledgment - oral argument setting received by Caleb Durling obo F. Smith, Kiolbasa, Thomas, Farmers State Bank, Gross, Engstrom and Lamons | Notice-Incoming | Receipt acknowledgment - oral argument setting | Final | |
| 02/06/2019 | Event - Phone Call to DC clerk regarding status of record, Diane will bring tomorrow. | Event | Phone Call | Final | |
| 02/07/2019 | Record - Transmitted record on appeal from District Court clerk, 32 volumes. Volumes 1 thru 22 - Original papers; Volumes 23 thru 28 - Transcripts (14 total); Volumes 29 thru 31 - Confidential folder & Exhibits; Volume 32 - Trial Exhibits | Record | Transmitted record on appeal | Final | |
| 02/07/2019 | Notice-Outgoing - Transmitted record on appeal filed | Notice-Outgoing | Transmitted record on appeal filed | Final | |
| 02/21/2019 | Notice-Internal - Oral argument notice - argued before Chief Justice Davis, Justices Fox, Kautz, Gray and Judge Fenn (Chadwick Scott Caby, Darren J. Lemieux and Adam L. Massaro o/b/o of Central Bank and Trust, with argument by Mr. Lemiux; Caleb Durling, Marsha Marie Piccone and Timothy M. Stubson o/b/o Frank Smith, Mark Kiolbasa, Michelle Thomas, Farmers State Bank, Wynema Engstrom, Scott Lamons, William Gross, Gregg Gross and John Gross, with arguments by Mr. Durling and Ms. Piccone) and taken under advisement | Notice-Internal | Oral argument notice | Final | |
| 06/26/2019 | Event - Phone Call from counsel for all parties notifying us the case has settled and they will be filing a stipulated motion to stay pending final settlement agreement. | Event | Phone Call | Final | |
| 06/27/2019 | Motion - Stay - other (Joint) | Motion | Stay - other | Final | |
| 07/02/2019 | Order - Granting stay | Order | Granting stay | Final | |
| 07/11/2019 | Event - Hardcopy received - Notice of Settlement and Joint Motion to Stay | Event | Hardcopy received | Final | |
| 08/15/2019 | (Appellee's of S-18-0173) Motion - Stay briefing - opposed | Motion | Stay briefing - opposed | Final | |
| 08/19/2019 | Event - Hardcopy received - Defendant's Notice of Settlement and Second Motion to Stay | Event | Hardcopy received | Final | |
| 08/22/2019 | Response/Objection - Motion (Appellant of S-18-0173) | Response/Objection | Motion | Final | |
| 08/26/2019 | Event - Hardcopy received - Central Bank & Trust's Response to Defendant's Notice of Settlement and Second Motion to Stay | Event | Hardcopy received | Final | |
| 08/30/2019 | Notice-Incoming - Supplemental Authority to Notice of Settlement and Second Motion to Stay | Notice-Incoming | Additional authority | Final | |
| 09/03/2019 | Event - Hardcopy received - Defendants' Notice of Supplemental Authority to Notice of Settlement and Second Motion to Stay | Event | Hardcopy received | Final | |
| 09/04/2019 | Order Granting Second Motion to Stay (until 9/30) | Order | Stay briefing | Final | |
| 09/25/2019 | Motion - Stay briefing - opposed by Appellants CBT (Request is for ruling be stayed until 11/14/2019) | Motion | Stay briefing - opposed | Final | |
| 09/27/2019 | Event - Hardcopy received - Defendants' Notice of Settlement and Third Motion to Stay | Event | Hardcopy received | Final | |
| 10/10/2019 | Motion - Extension of time - file response/objection | Motion | Extension of time - file response/objection | Final | |
| 10/10/2019 | Order Granting Central Bank & Trust's Request for Extension to File Response | Order | Grant - extension of time | Final | |
| 10/11/2019 | Event - Hardcopy received - Central Bank & Trust's Unopposed Motion for Extension of Time to Respond to Defendants' Notice of Settlement and Third Motion to Stay | Event | Hardcopy received | Final | |
| 10/15/2019 | Notice of Supplemental Authority related to their Notice of Settlement and Third Motion to Stay in the consolidated Case Nos. S-18-0173, S-18-0174, and S-18-0229, filed on September 25, 2019. | Notice-Incoming | Additional authority | Final | |
| 10/17/2019 | Response/Objection - Motion | Response/Objection | Motion | Final | |
| 10/17/2019 | Event - Hardcopy received - Notice of Supplemental Authority Related to Their Notice of Settlement and Third Motion to Stay | Event | Hardcopy received | Final | |
| 10/18/2019 | Event - Hardcopy received - Central Bank & Trust's Response to Defendants' Notice of Settlement and Third Motion to Stay | Event | Hardcopy received | Final | |
| 10/22/2019 | Order Granting Third Motion to Stay (until 11/14/2019) | Order | Stay briefing | Final | |
| 10/31/2019 | Motion - Dismiss - stipulated | Motion | Dismiss - stipulated | Final | |
| 11/04/2019 | Event - Hardcopy received - Stipulated Motion for Stipulated Dismissal with Prejudice (see case note) | Event | Hardcopy received | Final | |
| 11/05/2019 | Notice-Incoming - Errata | Notice-Incoming | Errata | Final | |
| 11/07/2019 | Event - Hardcopy received - Stipulated Motion for Stipulated Dismissal with Prejudice and Request for Remand Errata | Event | Hardcopy received | Final | |
| 11/13/2019 | Order - Dismiss - voluntary or stipulated | Order | Dismiss - voluntary or stipulated | Final | |
| 11/13/2019 | Notice-Outgoing - Record return letter | Notice-Outgoing | Record return letter | Final | |
| 11/13/2019 | Event - Case closed | Event | Case closed | Final | |
| 11/13/2019 | Service - Record hand delivered to district court clerk / PB | Service | Other | Final | |