Wyoming District Court
Judge:Nancy D Freudenthal
Referred: Kelly H Rankin
Case #: 2:21-cv-00189
Nature of Suit110 Contract - Insurance
Cause28:1441 Petition for Removal- Insurance Contract
Case Filed:Oct 05, 2021
Terminated:Aug 02, 2022
Last checked: Tuesday May 24, 2022 9:06 PM MDT
Defendant
Acuity Insurance Company
Represented By
L Kathleen Chaney
Lambdin & Chaney
contact info
Eric Hevenor
Lambdin & Chaney LLP
contact info
Plaintiff
199 East Pearl Condominium Owners Association
Represented By
Codie D Henderson
Davis & Cannon
contact info
Dennis Boyd Polk
Holley Albertson & Polk PC
contact info


Docket last updated: 11 hours ago
Monday, July 17, 2023
49 49 appeal USCA Mandate Mon 07/17 10:09 AM
MANDATE of USCA AFFIRMING40 Judgment re41 Notice of Appeal (Attorney) filed by 199 East Pearl Condominium Owners Association (Court Staff, stbd)
Related: [-]
Att: 1 Order and Judgment
Monday, September 12, 2022
48 48 appeal USCA Appeal Fees Mon 09/12 9:22 AM
USCA Appeal Fees received $ 505 receipt number 2-319 re41 Notice of Appeal (Attorney) filed by 199 East Pearl Condominium Owners Association. (Court Staff, stmo)
Related: [-]
Thursday, September 08, 2022
47 47 appeal Transcript Letter Thu 09/08 10:38 AM
Transcript Letter transmitted to USCA re 41 Notice of Appeal. No transcripts have been ordered for this appeal. For purpose of appeal, the record is now ready. (Court Staff, sbh)
Related: [-]
46 46 appeal USCA Order Thu 09/08 8:43 AM
(TEXT-ONLY) APPEAL ORDER from USCA as to41 Notice of Appeal filed by 199 East Pearl Condominium Owners Association. Record on Appeal/Notice due 9/14/2022. Minute order filed - Notice due that record is complete by 09/14/2022 for Margaret Botkins. (Text Only - No Attachment) 22-8059 (Court Staff, sbh)
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Wednesday, September 07, 2022
45 45 appeal Transcript Request (No Transcripts Necessary) - Appeal Wed 09/07 4:53 PM
TRANSCRIPT REQUEST (No Transcripts Necessary) by Plaintiff 199 East Pearl Condominium Owners Association re41 Notice of Appeal (Attorney). (Torgersen, Eric)
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44 44 appeal Transcript Request (No Transcripts Necessary) - Appeal Wed 09/07 4:27 PM
TRANSCRIPT REQUEST (No Transcripts Necessary) by Plaintiff 199 East Pearl Condominium Owners Association re41 Notice of Appeal (Attorney). (Torgersen, Eric)
Related: [-]
Friday, August 26, 2022
43 43 appeal USCA Case Number Fri 08/26 2:39 PM
Appeal Number 22-8059 received from USCA for41 Notice of Appeal (Attorney) filed by 199 East Pearl Condominium Owners Association. Docketing statement due 09/09/2022 for 199 East Pearl Condominium Owners Association. Fee due on 09/09/2022 for 199 East Pearl Condominium Owners Association. Transcript order form due 09/09/2022 for 199 East Pearl Condominium Owners Association. Notice of appearance due on 09/09/2022 for 199 East Pearl Condominium Owners Association and Acuity Insurance Company. (Court Staff, stbd)
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42 42 appeal Preliminary Record Sent to USCA Fri 08/26 10:39 AM
Preliminary Record of appeal sent to USCA and counsel re41 Notice of Appeal (Attorney) The procedures and appeals forms may be obtained from the U.S. Court of Appeals website: www.ca10.uscourts.gov. (Court Staff, stbd)
Related: [-]
Att: 1 Preliminary Record on Appeal Including Notice of Appeal
41 41 appeal Notice of Appeal Fri 08/26 9:15 AM
NOTICE OF APPEAL as to40 Judgment,39 Order on Motion for Summary Judgment filed by Plaintiff 199 East Pearl Condominium Owners Association. (Torgersen, Eric)
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Tuesday, August 02, 2022
40 40 order Judgment Tue 08/02 11:02 AM
JUDGMENT in favor of Defendant against Plaintiff. (Court Staff, sal)
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39 39 30+ pgs order Order on Motion for Summary Judgment Tue 08/02 10:50 AM
ORDER by the Senior District Judge Nancy D Freudenthal granting24 Motion for Summary Judgment. (Court Staff, sal)
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Thursday, July 28, 2022
38 38 respm Reply Brief Thu 07/28 8:41 AM
REPLY BRIEF re25 Brief, In Support of Motion for Summary Judgment filed by Defendant Acuity Insurance Company. (Chaney, L)
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Att: 1 Exhibit L,
Att: 2 Exhibit M
Friday, July 15, 2022
37 37 respm Response in Opposition to Motion Fri 07/15 2:52 PM
RESPONSE in Opposition re24 Motion for Summary Judgment filed by Plaintiff 199 East Pearl Condominium Owners Association. (Torgersen, Eric) Modified document security, at the request of counsel, and text on 7/15/2022 (Court Staff, stmo)
Related: [-]
Att: 1 Affidavit of Laely Heron,
Att: 2 Affidavit of Michael J. Halloran,
Att: 3 Exhibit 1,
Att: 4 Exhibit 2,
Att: 5 Exhibit 3,
Att: 6 Exhibit 4,
Att: 7 Exhibit 5,
Att: 8 Exhibit 6,
Att: 9 Errata 7,
Att: 10 Exhibit 8,
Att: 11 Exhibit 9,
Att: 12 Exhibit 10A,
Att: 13 Exhibit 10B,
Att: 14 Exhibit 10C,
Att: 15 Exhibit 11,
Att: 16 Exhibit 12,
Att: 17 Exhibit 13,
Att: 18 Exhibit 14,
Att: 19 Exhibit 15,
Att: 20 Exhibit 16,
Att: 21 Exhibit 17,
Att: 22 Exhibit 18,
Att: 23 Affidavit of Scott Kirkpatrick,
Att: 24 Exhibit 19,
Att: 25 Exhibit 20,
Att: 26 Exhibit 21,
Att: 27 Exhibit 22,
Att: 28 Exhibit 23,
Att: 29 Exhibit 24,
Att: 30 Exhibit 25
Wednesday, July 13, 2022
36 36 notice Notice of Attorney Appearance (Pro Hac Vice) Wed 07/13 12:38 PM
Notice of Pro Hac Vice Attorney Appearance by Eric E Torgersen on behalf of 199 East Pearl Condominium Owners Association (Torgersen, Eric)
Related: [-]
Wednesday, July 06, 2022
35 35 2 pgs order Order on Motion to Appear Pro Hac Vice Wed 07/06 11:51 AM
ORDER by the Honorable Kelly H Rankin granting32 MOTION for Eric E. Torgersen to appear pro hac vice on behalf of Plaintiff 199 East Pearl Condominium Owners Association (order emailed to PHV counsel). (Court Staff, stmo)
Related: [-]
34 34 1 pgs order Order on Motion for Extension of Time Non-Dispositive Wed 07/06 9:50 AM
ORDER by the Honorable Kelly H Rankin granting33 Motion for Extension of Time. Expert Witness Designation-Plaintiff deadline 8/16/2022. Expert Witness Designation-Defendant deadline 9/27/2022.(Court Staff, sag)
Related: [-]
misc Financial Entry Wed 07/06 2:19 PM
FINANCIAL ENTRY: PAYMENT OF $100 RECEIVED FOR PRO HAC VICE FEE FOR ERIC TORGERSEN. RECEIPT CHY036628. (Court Staff, sjk)
Related: [-]
Tuesday, July 05, 2022
33 33 3 pgs motion Order Tue 07/05 10:01 AM
MOTION REFERRED TO Judge Kelly H Rankin. Stipulated MOTION for Order Modifying Expert Deadlines filed by Plaintiff 199 East Pearl Condominium Owners Association.(Henderson, Codie)
Related: [-]
Att: 1 Proposed Order Granting Stipulated Motion to Modify Deadlines
32 32 motion Appear Pro Hac Vice Tue 07/05 9:43 AM
MOTION REFERRED TO Judge Kelly H Rankin. MOTION for Eric E. Torgersen to appear pro hac vice; Check not tendered; filed by Plaintiff 199 East Pearl Condominium Owners Association.(Henderson, Codie)
Related: [-]
Att: 1 Affidavit of Eric E. Torgersen,
Att: 2 Proposed Order Admitting Eric E. Torgersen pro hac vice
Wednesday, June 29, 2022
31 31 1 pgs order Order on Motion for Extension of Time Non-Dispositive Wed 06/29 4:07 PM
ORDER by the Senior District Judge Nancy D Freudenthal granting30 Motion for Extension of Time. Motion response deadline 7/15/2022.(Court Staff, sal)
Related: [-]
30 30 motion Extension of Time (Non-Dispositive) Wed 06/29 2:59 PM
MOTION REFERRED TO Judge Kelly H Rankin. MOTION for Extension of Time (Non-Dispositive) requesting extension of Response to Defendant's Motion for Summary Judgment filed by Plaintiff 199 East Pearl Condominium Owners Association.(Henderson, Codie)
Related: [-]
Att: 1 Proposed Order
Tuesday, June 21, 2022
29 29 1 pgs order Order on Motion for Extension of Time Non-Dispositive Tue 06/21 11:24 AM
ORDER by the Senior District Judge Nancy D Freudenthal granting28 Motion for Extension of Time. Motion response deadline 7/5/2022.(Court Staff, sal)
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misc Motions No Longer Referred Tue 06/21 10:33 AM
Motions No Longer Referred:28 MOTION for Extension of Time (Non-Dispositive) requesting extension of Response to Defendant's Motion for Summary Judgment (Court Staff, sal)
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Monday, June 20, 2022
28 28 motion Extension of Time (Non-Dispositive) Mon 06/20 8:16 AM
MOTION REFERRED TO Judge Kelly H Rankin. NON-PUBLIC DOCUMENT pursuant to the Judicial Conference Policy on Privacy and Public Access - MOTION for Extension of Time (Non-Dispositive) requesting extension of Response to Defendant's Motion for Summary Judgment filed by Plaintiff 199 East Pearl Condominium Owners Association.(Henderson, Codie)
Related: [-]
Att: 1 Proposed Order
Monday, June 06, 2022
27 27 1 pgs order Order on Motion for Extension of Time Non-Dispositive Mon 06/06 2:10 PM
ORDER by the Senior District Judge Nancy D Freudenthal granting26 Motion for Extension of Time to respond to24 Defendant's Motion for Summary Judgment. Motion response deadline 6/21/2022.(Court Staff, sal)
Related: [-]
26 26 motion Extension of Time (Non-Dispositive) Mon 06/06 10:17 AM
MOTION REFERRED TO Judge Kelly H Rankin. MOTION for Extension of Time requesting extension of Response to Defendant's Motion for Summary Judgment filed by Plaintiff 199 East Pearl Condominium Owners Association.(Henderson, Codie) Unreferred on 6/6/2022 (Court Staff, sal)
Related: [-]
Att: 1 Proposed Order
misc Motions No Longer Referred Mon 06/06 2:03 PM
Motions No Longer Referred:26 MOTION for Extension of Time (Non-Dispositive) requesting extension of Response to Defendant's Motion for Summary Judgment (Court Staff, sal)
Related: [-]
Monday, May 23, 2022
25 25 respm Brief Mon 05/23 12:06 PM
Defendant's BRIEF in Support of24 Motion for Summary Judgment filed by Defendant Acuity Insurance Company. (Chaney, L) Text modified on 5/23/2022 (Court Staff, sal)
Related: [-]
Att: 1 Exhibit A,
Att: 2 Exhibit B,
Att: 3 Exhibit C,
Att: 4 Exhibit D,
Att: 5 Exhibit E,
Att: 6 Exhibit F,
Att: 7 Exhibit G,
Att: 8 Exhibit H,
Att: 9 Exhibit I,
Att: 10 Exhibit J,
Att: 11 Exhibit K
24 24 motion Summary Judgment Mon 05/23 12:03 PM
MOTION for Summary Judgment, filed by Defendant Acuity Insurance Company. (Chaney, L)
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Monday, January 10, 2022
23 23 order Initial Pretrial Order Mon 01/10 3:33 PM
INITIAL PRETRIAL ORDER by the Honorable Nancy D Freudenthal. Motions filing deadline 11/9/2022. Motion response deadline 11/23/2022. Dispositive Motions Hearing set for 12/15/2022 01:30 PM in Cheyenne Courtroom No. 1 (Room No. 2132) before Honorable Nancy D Freudenthal. Expert Witness Designation-Plaintiff deadline 7/15/2022. Expert Witness Designation-Defendant deadline 8/26/2022. Discovery due by 10/7/2022. Stipulation Deadline 2/10/2022. Final Pretrial Conference set for 1/17/2023 01:30 PM in Judge Freudenthal Chambers (Room No. 2242) before Honorable Nancy D Freudenthal. Jury Trial (5 days/#1) set for 2/6/2023 08:30 AM in Cheyenne Courtroom No. 1 (Room No. 2132) before Honorable Nancy D Freudenthal. Status Conference set for 10/11/2022 09:00 AM in Judge Freudenthal Chambers (Room No. 2242) before Honorable Nancy D Freudenthal. (Court Staff, sal)
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Friday, January 07, 2022
22 22 misc Corporate Disclosure Fri 01/07 3:13 PM
CORPORATE DISCLOSURE filed by Acuity Insurance Company,. (Chaney, L)
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Wednesday, January 05, 2022
21 21 notice Notice of Complexity (Non) Wed 01/05 4:31 PM
NOTICE of complexity by Plaintiff 199 East Pearl Condominium Owners Association ; this case is non-complex. (Henderson, Codie)
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20 20 misc Corporate Disclosure Wed 01/05 4:21 PM
CORPORATE DISCLOSURE filed by 199 East Pearl Condominium Owners Association,. (Henderson, Codie)
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Tuesday, January 04, 2022
19 19 misc Joint Case Management Plan Tue 01/04 3:58 PM
JOINT CASE MANAGEMENT PLAN by Acuity Insurance Company. (Chaney, L)
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Monday, December 13, 2021
18 18 notice Notice of IPT Conference Mon 12/13 10:13 AM
NOTICE of Initial Pretrial Conference: Initial Pretrial Conference RESET from 12/16/21 to 1/10/2022 01:30 PM via telephone before Honorable Nancy D Freudenthal. See Notice for call-in information. (Court Staff, sal)
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Monday, November 29, 2021
17 17 notice Notice of Attorney Appearance (Pro Hac Vice) Mon 11/29 10:45 AM
Notice of Pro Hac Vice Attorney Appearance by Dennis Boyd Polk on behalf of 199 East Pearl Condominium Owners Association (Polk, Dennis)
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Wednesday, November 24, 2021
notice Notice of Attorney Appearance (Pro Hac Vice) Wed 11/24 1:41 PM
FILED INCORRECTLY. Needs to be refiled by counsel. Notice of Pro Hac Vice Attorney Appearance by Codie D Henderson on behalf of 199 East Pearl Condominium Owners Association (Henderson, Codie) Modified on 11/24/2021 (Court Staff, sal)
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notice Notice of Attorney Appearance (Pro Hac Vice) Wed 11/24 3:01 PM
FILED INCORRECTLY. Needs to be refiled by counsel. Notice of Pro Hac Vice Attorney Appearance by Codie D Henderson on behalf of 199 East Pearl Condominium Owners Association (Henderson, Codie) Modified on 11/29/2021 (Court Staff, sal)
Related: [-]
Friday, November 12, 2021
misc Financial Entry Fri 11/12 2:34 PM
FINANCIAL ENTRY: PAYMENT OF $100 RECEIVED FOR PRO HAC VICE FEE FOR DENNIS B POLK. RECEIPT CHY035531. (Court Staff, sjk)
Related: [-]
Wednesday, November 10, 2021
14 14 2 pgs order Order on Motion to Appear Pro Hac Vice Wed 11/10 3:09 PM
ORDER by the Honorable Kelly H Rankin granting12 MOTION for Dennis B. Polk to appear pro hac vice on behalf of Plaintiff 199 East Pearl Condominium Owners Association (cc: order e-mailed to PHV counsel on this date). (Court Staff, stmo)
Related: [-]
13 13 notice Notice of Attorney Appearance Wed 11/10 2:22 PM
NOTICE of Attorney Appearance by Eric Hevenor on behalf of Acuity Insurance Company (Hevenor, Eric)
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12 12 motion Appear Pro Hac Vice Wed 11/10 12:51 PM
MOTION REFERRED TO Judge Kelly H Rankin. MOTION for Dennis B. Polk to appear pro hac vice; Check not tendered; filed by Plaintiff 199 East Pearl Condominium Owners Association.(Henderson, Codie) (Court Staff, sal)
Related: [-]
Att: 1 Affidavit
Att: 2 (11/10/2021) Proposed Order
11 11 notice Notice of Attorney Appearance Wed 11/10 12:46 PM
NOTICE of Attorney Appearance by Codie D Henderson on behalf of 199 East Pearl Condominium Owners Association (Henderson, Codie)
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10 10 notice Notice of Attorney Appearance Wed 11/10 12:40 PM
NOTICE of Attorney Appearance by Codie D Henderson on behalf of 199 East Pearl Condominium Owners Association (Henderson, Codie)
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Tuesday, November 02, 2021
9 9 notice Notice of IPT Conference Tue 11/02 8:58 AM
NOTICE of Initial Pretrial Conference: Initial Pretrial Conference set for 12/16/2021 10:30 AM in Judge Freudenthal Chambers (Room No. 2242) before Honorable Nancy D Freudenthal. (Court Staff, sal)
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Wednesday, October 20, 2021
8 8 answer Answer to Complaint Wed 10/20 12:43 PM
ANSWER to3 Complaint with Affirmative Defenses, with Jury Demand by Acuity Insurance Company. (Chaney, L)
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Wednesday, October 06, 2021
7 7 misc Jury Demand Wed 10/06 8:53 AM
DEMAND for Trial by Jury filed by Plaintiff 199 East Pearl Condominium Owners Association in Teton County District Court ((Case #CV-018525). (Court Staff, sal)
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6 6 misc State Court Docket Sheet Wed 10/06 8:51 AM
STATE COURT DOCKET SHEET filed in Teton County District Court (Case #CV-018525). (Court Staff, sal)
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5 5 misc Transmittal of State Court Record Wed 10/06 8:34 AM
TRANSMITTAL of State Court Record. (Chaney, L)
Related: [-]
Att: 1 Exhibit Civil Cover Sheet [State Court],
Att: 2 Exhibit Complaint [State Court],
Att: 3 Exhibit Jury Demand [State Court],
Att: 4 Exhibit Notice of Assignment [State Court],
Att: 5 Exhibit Summons Issued [State Court],
Att: 6 Exhibit Motion for Pro Hac Vice [State Court],
Att: 7 Exhibit Motion for Pro Hac Vice-emailed filing [State Court],
Att: 8 Exhibit Proposed Order re Motion for Pro Hac Vice [State Court],
Att: 9 Exhibit Order Admitting Pro Hac Vice [State Court]
Tuesday, October 05, 2021
4 4 order Removal Tue 10/05 3:03 PM
ORDER ON REMOVAL regarding1 Notice of Removal (Attorney), filed by Acuity Insurance Company by the Honorable Nancy D Freudenthal.(Court Staff, stbd)
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3 3 cmp Complaint Tue 10/05 2:54 PM
COMPLAINT filed in Teton County State Court on September 1, 2021 by the Plaintiff. (Court Staff, stbd)
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2 2 notice Notice of Judge Assignment and Consent to Proceed Tue 10/05 2:51 PM
Notice of Judge Assignment and Consent to Proceed before a Magistrate Judge. The case has been assigned to the Honorable Nancy D. Freudenthal - Presiding Judge; Honorable Kelly H. Rankin - Referral Judge. (Court Staff, stbd)
Related: [-]
1 1 cmp Notice of Removal (Attorney) Tue 10/05 2:07 PM
NOTICE OF REMOVAL (Filing fee $ 402 receipt number AWYDC-2007428), filed by Acuity Insurance Company. (Chaney, L) Modified text on 10/5/2021 (Court Staff, stbd)
Related: [-]
Att: 1 Exhibit A,
Att: 2 Exhibit B,
Att: 3 Civil Cover Sheet