FRANK SMITH and MARK KIOLBASA v. CENTRAL BANK & TRUST

Case Heading (S-18-0174)
Case Number:	S-18-0174	Case Docketed On:	07/26/2018
Linked To:	S-18-0173 , 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:	FRANK SMITH and MARK KIOLBASA v. CENTRAL BANK & TRUST
Full Title:	FRANK SMITH and MARK KIOLBASA, Appellants (Defendants), v. CENTRAL BANK & TRUST, Appellee (Plaintiff).

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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 - Edgar O. Barraza	Motion	Admission pro hac vice	Final
08/07/2018	Motion - Admission pro hac vice - Caleb Durling	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 (Massaro)	Motion	Admission pro hac vice	Final
08/10/2018	Motion - Admission pro hac vice (Lemieux)	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 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 Appellants)	Notice-Incoming	Entry of appearance	Final
08/27/2018	Motion - Admission pro hac vice (Factor)	Motion	Admission pro hac vice	Final
08/27/2018	Motion - Admission pro hac vice (Sternlieb)	Motion	Admission pro hac vice	Final
08/28/2018	Motion - Extension of time - brief	Motion	Extension of time - brief	Final
08/28/2018	Event - Hardcopy received - Entry of Appearance (M.J. Hall obo Appellants); Motion for Admission Pro Hac Vice (Sternlieb); and Motion for Admission Pro Hac Vice (Factor)	Event	Hardcopy received	Final
08/29/2018	Order Granting Admission of Attorneys Pro Hac Vice (Factor and Sternlieb)	Order	Pro hac vice - allow	Final
08/30/2018	Event - Hardcopy received - Unopposed Motion for Extension of Time to File Opening Brief	Event	Hardcopy received	Final
08/30/2018	Order Granting Appellant's Request for Extension to File Brief (filed, served and email sent 8/29/18; document reuploaded as docket entry was missing 8/30)	Order	Grant - extension of time	Final
09/05/2018	Motion - Stay - other (Appendix documents are out of order due to CTrack conversion error) (COS is incorrectly dated as this document was eserved on 9/5/18)	Motion	Stay - other	Final
09/06/2018	Event - Hardcopy received - Appellants, Frank Smith and Mark Kiolbasa's, Motion for a Stay of Enforcement of Judgment Pending Appeal Without Supersedeas Bond	Event	Hardcopy received	Final
09/14/2018	Farmers State Bank's Motion for Limited Intervention	Motion	Intervene	Final
09/20/2018	Response/Objection - Motion for Stay of Enforcement of Judgment (Exhibits uploaded to Response are out of order due to CTrack conversion error)	Response/Objection	Motion	Final
09/25/2018	Event - Hardcopy received - Appellee Central Bank & Trust's Opposition to Debtors Frank Smith and Mark Kiolbasa's Motion for a Stay of Enforcement of Judgment Pending Appeal Without Supersedeas Bond	Event	Hardcopy received	Final
09/26/2018	Brief - Appellant	Brief	Appellant	Final
09/26/2018	Event - Hardcopy received - Appellants' Opening Brief; and received copy of designation of record on appeal	Event	Hardcopy received	Final
10/01/2018	Response/Objection - Motion (Central Bank & Trust's Response to Farmers State Bank Motion) (Exhibits uploaded are out of order due to CTrack conversion error)	Response/Objection	Motion	Final
10/02/2018	Order - Granting Motion for Limited Intervention and Order Denying Motions for Stay of Enforcement of Judgment	Order	Grant	Final
10/03/2018	Event - Hardcopy received - opposition to non-party Farmers State Bank's Motion for Limited Intervention	Event	Hardcopy received	Final
10/29/2018	Motion - Extension of time - (Appellee's) brief	Motion	Extension of time - brief	Final
10/31/2018	Event - Hardcopy received - Unopposed Motion for Extension to File Appellee's Answer Brief	Event	Hardcopy received	Final
11/01/2018	Order Granting Appellee's Request for Extension to File Brief	Order	Grant - extension of time	Final
11/20/2018	Brief - Appellee (appendix docs were filed in S-18-0173, see footnote on brief)	Brief	Appellee	Final
11/21/2018	Motion - Consolidate (original efiled 11/19 but was only efiled on one case number)	Motion	Consolidate	Final
11/26/2018	Event - Hardcopy received - Appellee's 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
12/03/2018	Motion - Reply Brief - exceed page limit by 5 pages (due 12/6)	Motion	Brief - exceed page limit	Final
12/04/2018	Order Granting Appellant's Motion to Exceed Page Limit of W.R.A.P. 7.05(a)(1) (Shall not exceed 25 pages)	Order	Grant	Final
12/05/2018	Event - Hardcopy received - Motion for Extension of Page Limitation for Reply Brief	Event	Hardcopy received	Final
12/05/2018	Brief - Appellant reply	Brief	Appellant reply	Final
12/10/2018	Event - Hardcopy received - Appellants' reply brief and copy of supplemental designation of record	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 and Farmers State Bank	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	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
11/13/2019	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