BTU WESTERN RESOURCES, INC.; SCHOOL CREEK COAL RESOURCES, LLC; and PEABODY POWDER RIVER MINING, LLC v. BERENERGY CORPORATION

Case Heading (S-18-0203)
Case Number:	S-18-0203	Case Docketed On:	08/31/2018
Linked To:	S-18-0204
Status:	Closed
Original Court:	Sixth Judicial District Campbell County	Case Type:	Direct Appeal - Civil - Mines and Minerals (Title 30)
Short Title:	BTU WESTERN RESOURCES, INC.; SCHOOL CREEK COAL RESOURCES, LLC; and PEABODY POWDER RIVER MINING, LLC v. BERENERGY CORPORATION
Full Title:	BTU WESTERN RESOURCES, INC.; SCHOOL CREEK COAL RESOURCES, LLC; and PEABODY POWDER RIVER MINING, LLC, Appellants (Defendants), v. BERENERGY CORPORATION, Appellee (Plaintiff).

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Docket Information
Filing Date	Document Description	Docket Entry Type	Docket Entry Subtype	Status
08/31/2018	Event - Docketed and indexed	Event	Docketed and indexed	Final
08/31/2018	Notice-Incoming - Record completion notice from district court	Notice-Incoming	Record completion notice from district court	Final
08/31/2018	Fees - Docket fee received	Fees	Docket fee received	Final
08/31/2018	Notice-Outgoing - Docketing letter	Notice-Outgoing	Docketing letter	Final
08/31/2018	Notice-Outgoing - E-filing requirement and service of orders to Thomas L. Sansonetti	Notice-Outgoing	E-filing requirement	Final
08/31/2018	Notice-Outgoing - Other - Sent note with docketing letter to Mr. Scheer advising him that he will need to motion for admission pro hac vice for Peter Forbes in these cases again.	Notice-Outgoing	Other	Final
09/04/2018	Notice-Internal - Recusal memo - Justice Boomgaarden	Notice-Internal	Recusal memo	Final
10/18/2018	Motion - Admission pro hac vice (Forbes)	Motion	Admission pro hac vice	Final
10/18/2018	Brief - Appellant	Brief	Appellant	Final
10/18/2018	Event - Hardcopy received - Brief of Appellants	Event	Hardcopy received	Final
10/24/2018	Notice-Incoming - Appellant's Designation of record	Notice-Incoming	Designation of record	Final
10/30/2018	Event - Phone Call to Scheer's office regarding Motion for Admission of Peter C. Forbes to Appear Pro Hac Vice	Event	Phone Call	Final
10/30/2018	Event - Hardcopy received - Motion for Admission of Peter C. Forbes to Appear Pro Hac Vice	Event	Hardcopy received	Final
10/30/2018	Order Granting Admission of Attorney Pro Hac Vice (Forbes)	Order	Pro hac vice - allow	Final
12/03/2018	Brief - Appellee (Appendix has been uploaded)	Brief	Appellee	Final
12/04/2018	Notice-Outgoing - Deficient Brief/Appendix	Notice-Outgoing	Deficient Brief/Appendix	Final
12/04/2018	Event - Hardcopy received - W.R.A.P. 7.01(k) Appendix of Appellee Berenergy Corporation (Uploaded to Brief of Appellee e-filed 12/03/2018)	Event	Hardcopy received	Final
12/05/2018	Event - Hardcopy received - Answer Brief of Appellee Berenergy Corporation	Event	Hardcopy received	Final
12/11/2018	Order - Oral argument scheduled	Order	Oral argument scheduled	Final
12/14/2018	Notice-Incoming - Receipt acknowledgment - oral argument setting from Patrick R. Day obo BTU Western Resources, Inc.; School Creek Coal Resources; and Peabody Powder River Mining, LLC	Notice-Incoming	Receipt acknowledgment - oral argument setting	Final
12/17/2018	Order Assigning Judge (Steven K. Sharpe, District Judge, is assigned to act in this matter for Justice Boomgaarden, who is recused)	Order	Assignment of judge/justice	Final
12/18/2018	Brief - Appellant reply	Brief	Appellant reply	Final
12/18/2018	Event - Hardcopy received - Reply Brief of Appellants	Event	Hardcopy received	Final
12/18/2018	Order Vacating Assignment of Judge and Assigning Retired Justice (Order Assigning Judge entered December 17, 2018 is vacated and Retired Justice E. James Burke is assigned to act in this matter for Justice Boomgaarden who is recused)	Order	Assignment of judge/justice	Final
12/19/2018	Notice-Outgoing - Request for transmitted record on appeal	Notice-Outgoing	Request for transmitted record on appeal	Final
12/19/2018	Notice-Incoming - Other - package containing briefs returned from Judge Sharpe. Advised Lorna and placed it in Justice Burke's box.	Notice-Incoming	Other	Final
12/27/2018	Service - Mail returned - Order Assigning Judge filed 12/17/2018 addressed to Peter C. Forbes returned - (forward time expired, return to sender). Since this order has been vacated, it was not resent. Will resend 12/18/2018 order if it is returned. Also updated his address throughout the system.	Service	Mail returned	Final
12/27/2018	Notice-Incoming - Receipt acknowledgment - oral argument setting - Darin Scheer obo Berenergy	Notice-Incoming	Receipt acknowledgment - oral argument setting	Final
12/27/2018	Notice-Incoming - Receipt acknowledgment - oral argument setting - Peter C. Forbes obo Berenergy	Notice-Incoming	Receipt acknowledgment - oral argument setting	Final
01/04/2019	Record - Transmitted record on appeal from district court clerk, nine volumes. Volumes 1-4, Original Papers; Volume 5, Expando volume containing exhibits to pleadings 22 (260 pages), 73 (241 pages) and 120 (297 pages); Volumes 6-7, Exhibit Binders; Volumes 8-9 Transcripts (eight total).	Record	Transmitted record on appeal	Final
01/07/2019	Service - Mailings (2) returned that were sent to Peter C. Forbes, Record Request Letter and Order Vacating Assignment, resent Order Vacating Assignment of Judge and Assigning Retired Justice only.	Service	Mail returned	Final
01/15/2019	Notice-Internal - Oral argument notice - argued before Chief Justice Davis, Justices Fox, Kautz and Gray and Justice (Ret.) Burke (Patrick R. Day, Jeffrey S. Pope and Thomas L. Sansonetti, argument by Mr. Day o/b/o BTU Western Resources, Inc., School Creek Coal Resources, LLC, and Peabody Powder River Mining, LLC; Peter C. Forbes and Darin B. Scheer, argument by Mr. Forbes o/b/o Berenergy Corporation) and taken under advisement.	Notice-Internal	Oral argument notice	Final
04/02/2019	Event - Phone Call from Kevin Burron. He is no longer with Crowley Fleck, please remove him from distribution list.	Event	Phone Call	Final
05/28/2019	Opinion - Opinion and journal order reversing in part, affirming in part, and remanding with Justice Gray writing for the Court.	Opinion	Opinion and journal order	Final
06/13/2019	Notice-Outgoing - Mandate	Notice-Outgoing	Mandate	Final
06/13/2019	Record - Record returned to district court	Record	Record returned to district court	Final
06/13/2019	Notice-Outgoing - Record return letter	Notice-Outgoing	Record return letter	Final
06/13/2019	Event - Case closed	Event	Case closed	Final
06/19/2019	Service - Certified mail signature return cards (2) - Record signed for 6/17/2019 by Sarah S. Kramer	Service	Certified mail signature return card	Final