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

Case Heading (S-17-0040)
Case Number:	S-17-0040	Case Docketed On:	02/09/2017
Linked To:	S-17-0041
Status:	Closed
Original Court:	Sixth Judicial District Campbell County	Case Type:	Direct Appeal - Civil - Mines and Minerals (Title 30)
Short Title:	BERENERGY CORPORATION v. BTU WESTERN RESOURCES, INC.; SCHOOL CREEK COAL RESOURCES, LLC; and PEABODY POWDER RIVER MINING, LLC
Full Title:	BERENERGY CORPORATION, Appellant (Plaintiff), v. BTU WESTERN RESOURCES, INC.; SCHOOL CREEK COAL RESOURCES, LLC; and PEABODY POWDER RIVER MINING, LLC, Appellees (Defendants).

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Docket Information
Filing Date	Document Description	Docket Entry Type	Docket Entry Subtype	Status
02/09/2017	Event - Docketed and indexed	Event	Docketed and indexed	Final
02/09/2017	Notice-Incoming - Record completion notice from district court	Notice-Incoming	Record completion notice from district court	Final
02/09/2017	Fees - Docket fee received	Fees	Docket fee received	Final
02/09/2017	Notice-Outgoing - Docketing letter	Notice-Outgoing	Docketing letter	Final
02/09/2017	Notice-Outgoing - E-filing requirement and service of orders to Thomas L. Sansonetti and Matthew J. Micheli	Notice-Outgoing	E-filing requirement	Final
02/28/2017	Order for Briefing on Jurisdictional Issue	Order	Other	Final
03/01/2017	Record - Court Reporter's certificate of completion	Record	Court Reporter's certificate of completion	Final
03/07/2017	Motion - Extension of time - brief	Motion	Extension of time - brief	Final
03/13/2017	Event - Hardcopy received - Appellant's Unopposed Motion for Additional Time Pursuant to W.R.A.P. 7.10	Event	Hardcopy received	Final
03/13/2017	Order - Grant - extension of time	Order	Grant - extension of time	Final
04/12/2017	Motion - Admission pro hac vice	Motion	Admission pro hac vice	Final
04/17/2017	Notice-Incoming - Entry of appearance	Notice-Incoming	Entry of appearance	Final
04/17/2017	Brief - Appellant	Brief	Appellant	Final
04/18/2017	Notice-Outgoing - Deficient Brief/Appendix	Notice-Outgoing	Deficient Brief/Appendix	Final
04/19/2017	Event - Hardcopy received - Appendix E to Appellant's Opening Brief Pursuant to W.R.A.P. 7.01(j) (Uploaded to brief e-filed on 4/17/2017 with the exception (j)(3)(1) - (j)(3)(3), which are unredacted)	Event	Hardcopy received	Final
04/20/2017	Event - Hardcopy received - Entry of Appearance for Blake A. Klinkner obo Appellant	Event	Hardcopy received	Final
04/20/2017	Event - Hardcopy received - Opening Brief of Appellant Berenergy Corporation with appendix E attached; and received copy of plaintiff's designation of record on appeal	Event	Hardcopy received	Final
04/21/2017	Event - Hardcopy received - Motion for Admission (Peter C. Forbes to Appear Pro Hac Vice obo Appellant)	Event	Hardcopy received	Final
04/21/2017	Order Granting Admission of Attorney Pro Hac Vice (Peter C. Forbes obo Appellant)	Order	Pro hac vice - allow	Final
06/05/2017	Brief - Appellee	Brief	Appellee	Final
06/05/2017	Event - Hardcopy received - Appellees' Brief; and received copy of designation of record on appeal	Event	Hardcopy received	Final
06/20/2017	Brief - Appellant reply	Brief	Petitioner reply	Final
06/22/2017	Event - Hardcopy received - Reply Brief of Appellant Berenergy Corporation	Event	Hardcopy received	Final
06/27/2017	Notice-Outgoing - Request for transmitted record on appeal	Notice-Outgoing	Request for transmitted record on appeal	Final
07/05/2017	Record - Transmitted record on appeal on appeal from district court clerk, 11 volumes. Volumes 1 -5 - Original Papers; Volumes 6 - 8 - Transcripts (6 total); Volume 9 - Confidential Folder; Volumes 10 - 11 - Exhibits	Record	Transmitted record on appeal	Final
07/05/2017	Notice-Outgoing - Transmitted record on appeal filed	Notice-Outgoing	Transmitted record on appeal filed	Final
07/06/2017	Order - Oral argument scheduled	Order	Oral argument scheduled	Final
07/13/2017	Notice-Incoming - Receipt acknowledgment - oral argument setting received from Patrick Day obo BTU Western Resources...	Notice-Incoming	Receipt acknowledgment - oral argument setting	Final
07/28/2017	Notice-Incoming - Receipt acknowledgment - oral argument setting from Peter C. Forbes obo appellant (Berenergy)	Notice-Incoming	Receipt acknowledgment - oral argument setting	Final
08/14/2017	Unopposed Request to Take Judicial Notice	Motion	Other	Final
08/14/2017	Event - Hardcopy received - Unopposed Request to Take Judicial Notice	Event	Hardcopy received	Final
08/14/2017	(Unopposed) Motion - Supplement the record	Motion	Supplement the record	Final
08/14/2017	Event - Hardcopy received - Unopposed Request to Supplement Record	Event	Hardcopy received	Final
08/16/2017	Notice-Internal - Oral argument notice, argued before Chief Justice Burke, Justices Hill, Davis, Fox and Kautz (Peter C. Forbes, Blake A, Klinkner and Darin B. Scheer, argument by Mr. Forbes o/b/o Berenergy Corp.; Patrick R. Day, Matthew J. Micheli and Jeffrey S. Pope, argument by Mr.Day o/b/o BTU Western Resources Inc, School Creek Coal Resources, LLC and Peabody Powder River Mining, LLC), and taken under advisement	Notice-Internal	Oral argument notice	Final
08/29/2017	Order Granting Unopposed Request to Supplement Record and Order Granting Unopposed Request to Take Judicial Notice	Order	Grant	Final
01/04/2018	Opinion - Opinion and journal order remanding with Justice Davis writing for the court.	Opinion	Opinion and journal order	Final
01/18/2018	Petition for Rehearing and Brief in Support of BTU Western Resources, Inc.; School Creek Coal Resources, LLC; and Peabody Powder River Mining, LLC	Petition	Rehearing	Final
01/19/2018	Event - Hardcopy received - Petition for Rehearing and Brief in Support of BTU Western Resources, Inc.; School Creek Coal Resources, LLC; and Peabody Powder River Mining, LLC	Event	Hardcopy received	Final
01/31/2018	Motion - Withdrawal of counsel (Blake Klinkner obo Appellant)	Motion	Withdrawal of counsel	Final
01/31/2018	Event - Hardcopy received - Blake A. Klinkner's Motion to Withdraw	Event	Hardcopy received	Final
01/31/2018	Order - Granting withdrawal of counsel (Blake A. Klinkner)	Order	Granting withdrawal of counsel	Final
02/06/2018	Order Granting Petitions for Rehearing	Order	Petition for rehearing - grant	Final
02/21/2018	Response to Petitions for Rehearing	Response/Objection	Motion	Final
02/21/2018	Event - Hardcopy received - Response to Petitions for Rehearing	Event	Hardcopy received	Final
03/06/2018	Notice-Internal - Recusal memo - Justice Boomgaarden	Notice-Internal	Recusal memo	Final
03/06/2018	Order Assigning Justice - Justice William U. Hill, Retired, assigned to act in this matter for Justice Boomgaarden, who is recused	Order	Assignment of judge/justice	Final
03/06/2018	Order on Petitions for Rehearing	Order	Other	Final
03/06/2018	Notice-Outgoing - Mandate	Notice-Outgoing	Mandate	Final
03/06/2018	Record - Record returned to district court	Record	Record returned to district court	Final
03/06/2018	Notice-Outgoing - Record return letter	Notice-Outgoing	Record return letter	Final
03/06/2018	Event - Case closed	Event	Case closed	Final
03/12/2018	Service - Certified mail signature return card - record received 3/9/2018	Service	Certified mail signature return card	Final