| Case Heading (S-17-0041) | |||||
| Case Number: | S-17-0041 | Case Docketed On: | 02/09/2017 | ||
| Linked To: | S-17-0040 | ||||
| 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). | ||||
| - Party Information |
| Role | Party Name | Attorney(s) |
| Appellant | BTU Western Resources, Inc. | Patrick Reed Day Thomas L. Sansonetti Matthew J. Micheli Jeffrey Scott Pope |
| Appellant | School Creek Coal Resources, LLC | Patrick Reed Day Thomas L. Sansonetti Matthew J. Micheli Jeffrey Scott Pope |
| Appellant | Peabody Powder River Mining, LLC | Patrick Reed Day Thomas L. Sansonetti Matthew J. Micheli Jeffrey Scott Pope |
| Appellee | Berenergy Corporation | Darin Boyd Scheer Peter C. Forbes |
| - Case Decision Information | |
| Issues: | Appellate Procedure, Contracts, Natural Resources - Oil and Gas |
| Opinion Number: | 2018 WY 2 |
| Citation: | |
| Docketing Filter View |
| Display: |
| 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 Jurisidictional Issue | Order | Other | Final | |
| 03/09/2017 | Motion - Extension of time - brief | Motion | Extension of time - brief | Final | |
| 03/09/2017 | Event - Hardcopy received - Appellants' Unopposed Motion for Additional Time; and received proposed order | Event | Hardcopy received | Final | |
| 03/10/2017 | Order - Grant - extension of time | Order | Grant - extension of time | Final | |
| 04/17/2017 | Notice-Incoming - Entry of appearance | Notice-Incoming | Entry of appearance | Final | |
| 04/17/2017 | Brief - Appellant | Brief | Appellant | Final | |
| 04/17/2017 | Event - Hardcopy received - Appellants' Brief; and received copy of designation of record | Event | Hardcopy received | Final | |
| 04/20/2017 | Event - Hardcopy received - Entry of Appearance for Blake A. Klinkner obo Appellee | Event | Hardcopy received | Final | |
| 04/21/2017 | Motion - Admission pro hac vice (Peter C. Forbes obo Appellee) | Motion | Admission pro hac vice | Final | |
| 04/24/2017 | Event - Hardcopy received - Motion for Admission of Peter C. Forbes to Appear Pro Hac Vice | Event | Hardcopy received | Final | |
| 04/24/2017 | Order - Pro hac vice - allow (Peter C. Forbes obo Appellee) | Order | Pro hac vice - allow | Final | |
| 06/05/2017 | Brief - Appellee | Brief | Appellee | Final | |
| 06/07/2017 | Event - Hardcopy received - Answer Brief of Appellee Berenergy corporation | Event | Hardcopy received | Final | |
| 06/23/2017 | Brief - Appellant reply | Brief | Appellant reply | Final | |
| 06/23/2017 | Event - Hardcopy received - Appellants' Reply Brief; and received Supplemental Designation of Record | 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 | |
| 07/06/2017 | 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 | |
| 07/19/2017 | Appellants' Notice Regarding Bankruptcy Court Activity (Case set for OA in August; Cross-appeal potentially moot) | Notice-Incoming | Bankruptcy proceeding | Final | |
| 07/19/2017 | Event - Hardcopy received - Appellant's notice regarding bankruptcy court activity | Event | Hardcopy received | 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 | |
| 08/03/2017 | Response/Objection - Other | Response/Objection | Other | Final | |
| 08/04/2017 | Event - Hardcopy received - Response of Appellee Berenergy Corporation to Appellants' Notice Regarding Bankruptcy Court Action | 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 Appellee) | 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 rcvd. 3/9/18 | Service | Certified mail signature return card | Final | |