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Date: 04-09-2018

Case Style:

Robert Cunningham v. Robert A. Harmon, d/b/a Harmon Transport, Ports to Plains Travel Plaza, Inc.

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Case Number: 1:15-cv-00159-ABJ

Judge: Alan B. Johnson

Court: United States District Court for the District of Wyoming (Natrona County)

Plaintiff's Attorney: Scott Stinson and Tom Metier

Defendant's Attorney: Cameron S Walker, Orintha E Karns and Scott C. Murray for Robert A. Harmon


Craig A Sargent, Deborah G Muirhead Kellam, Kelly G Shirk and Lance E Shurtleff for Ports to Plains Travel Plaza, Inc.

Description: Cheyenne, WY - Robert Cunningham sued Robert A. Harmon, d/b/a Harmon Transport, Ports to Plains Travel Plaza, Inc. on auto negligence theories.

Date Filed # Docket Text
06/15/2017 165 JUDGMENT entered in favor of Plaintiff and against Defendants by the Honorable Alan B Johnson in the amount of $77,223.00.
(Attachments: # 1 Bill of Costs)(Court Staff, ssw) (Entered: 06/15/2017)
07/13/2017 166 MOTION for Judgment Pursuant to F.R.C.P. 50(b) as a Matter of Law filed by Defendant Ports to Plains Travel Plaza Inc. (Attachments: Exhibits 1-3 STRICKEN pursuant to 168 Text Order # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Proposed Order)(Shurtleff, Lance) Text Modified on 8/18/2017 (Court Staff, ssw). (Entered: 07/13/2017)
07/14/2017 167 BILL OF COSTS filed by Plaintiff Robert Cunningham. (Attachments: # 1 Exhibit, # 2 Exhibit 1, # 3 Exhibit 2) (Stinson, Scott) (Attachment 1 replaced on 7/19/2017) (Court Staff, ssw). (Entered: 07/14/2017)
07/19/2017 168 (TEXT-ONLY) ORDER by the Honorable Alan B Johnson.This matter is before the Court sua sponte. USDCWY Local Rule 86 states, "The realtime rough draft or any portion thereof is not the official transcript of any Court proceedings. Only certified transcripts may be quoted from or filed with the Court. Absent prior Court authorization, counsel shall not quote from or display unedited real time transcripts during proceedings or attach them to any briefs or exhibits filed with the Court." Counsel was apprised of this local rule through the disclaimer on the realtime transcripts and when the Court denied Defendant Ports to Plains attempted introduction of unedited realtime transcripts into evidence in support of its oral motion for judgment as a matter of law during trial on June 9, 2017. Ports to Plains failed to follow the local rule and the ruling of the Court and filed three portions of an unedited real time transcript from the June 2017 jury trial in the instant matter (exhibits 1, 2, and 3 to 166 . Consequently, the Court ORDERS that exhibits 1, 2, and 3 attached by Defendant Ports to Plains in support of its Motion for Judgment as a Matter of Law, 166 , are hereby stricken and will not be considered by the Court. (Court Staff, sbh) Links to 166 added on 8/18/2017 (Court Staff, ssw). (Entered: 07/19/2017)
07/21/2017 169 RESPONSE in Opposition re 166 MOTION for Judgment Pursuant to F.R.C.P. 50(b) as a Matter of Law filed by Plaintiff Robert Cunningham. (Attachments: # 1 Exhibit 1) (Stinson, Scott) (Entered: 07/21/2017)
07/21/2017 170 BRIEF in Opposition re 166 MOTION for Judgment Pursuant to F.R.C.P. 50(b) as a Matter of Law filed by Defendants Robert A Harmon, Robert A Harmon. (Walker, Cameron) Text Modified on 7/24/2017 (Court Staff, ssw). (Entered: 07/21/2017)
07/26/2017 171 ORDER by the Honorable Alan B Johnson denying 166 Renewed Motion for Judgment as a matter of law(Court Staff, ssw) (Entered: 07/26/2017)
07/27/2017 172 RESPONSE to 167 Bill of Costs filed by Defendant Ports to Plains Travel Plaza Inc. (Kellam, Deborah) (Entered: 07/27/2017)
07/28/2017 173 OBJECTION to 167 Bill of Costs filed by Defendants Robert A Harmon, Robert A Harmon. (Walker, Cameron) (Entered: 07/28/2017)
08/04/2017 174 MOTION REFERRED TO Judge Kelly H Rankin. MOTION to Amend 167 Bill of Costs filed by Plaintiff Robert Cunningham. (Attachments: # 1 Proposed Order)(Stinson, Scott) Text Modified on 9/21/2017 (Court Staff, ssw). (Entered: 08/04/2017)
08/04/2017 175 REPLY to 172 Response, 173 Objection filed by Plaintiff Robert Cunningham. (Stinson, Scott) (Entered: 08/04/2017)
08/21/2017 176 ORDER by the Honorable Alan B Johnson granting 174 MOTION for Leave to Amend Bill of Costs filed by Plaintiff Robert Cunningham. Plaintiff will submit documentation, if any, on or before 8/28/17 (Court Staff, ssw) Text Modified on 8/21/2017 (Court Staff, ssw). (Entered: 08/21/2017)
08/24/2017 177 NOTICE OF APPEAL as to 165 Judgment, 171 Order on Motion for Judgment, 91 Order on Motion for Summary Judgment filed by Defendant Ports to Plains Travel Plaza Inc. (Shurtleff, Lance) (Entered: 08/24/2017)
08/24/2017 178 Preliminary Record of appeal sent to USCA and counsel re 177 Notice of Appeal The procedures and appeals packet may be obtained from our website at www.wyd.uscourts.gov (Attachments: # 1 Preliminary Record on Appeal Including Notice of Appeal) (Court Staff, sds) (Entered: 08/24/2017)
08/25/2017 USCA Appeal Fees received $505 receipt number CHY027254 re 177 Notice of Appeal filed by Ports to Plains Travel Plaza Inc (Court Staff, ssw) (Entered: 08/25/2017)
08/25/2017 179 Appeal Number 17-8065 received from USCA for 177 Notice of Appeal filed by Ports to Plains Travel Plaza Inc. 10th Circuit deadlines: Docketing statement, transcript order form and notice of appearance due 09/08/2017 for Ports to Plains Travel Plaza, Inc. Notice of appearance due on 09/08/2017 for Robert Cunningham. (Court Staff, sds) (Entered: 08/25/2017)
08/28/2017 180 Amended BILL OF COSTS filed by Plaintiff Robert Cunningham. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Stinson, Scott) (Entered: 08/28/2017)
08/29/2017 181 OBJECTION to 180 Bill of Costs filed by Defendants Robert A Harmon, Robert A Harmon. (Walker, Cameron) (Entered: 08/29/2017)
08/31/2017 182 OBJECTION to 180 Bill of Costs filed by Defendant Ports to Plains Travel Plaza Inc. (Kellam, Deborah) (Entered: 08/31/2017)
09/08/2017 183 DISREGARD: Filed in Error TRANSCRIPT REQUEST (Transcripts Needed) by Defendant Ports to Plains Travel Plaza Inc for proceedings held on 6/5/2017 - 6/14/2017 before Judge Alan Johnson, re 177 Notice of Appeal. (Shurtleff, Lance) Modified on 9/8/2017 (Court Staff, ssw). (Entered: 09/08/2017)
09/08/2017 184 TRANSCRIPT REQUEST (Transcripts Needed) by Defendant Ports to Plains Travel Plaza Inc for proceedings held on 6/5/2017 - 6/14/2017 before Judge Alan Johnson, re 177 Notice of Appeal. (Shurtleff, Lance) (Court Staff, ssw). (Entered: 09/08/2017)
09/11/2017 185 (TEXT-ONLY)10th Circuit Minute order filed - Transcript order form due 09/25/2017 for Janet Davis.. (Text Only - No Attachment) [17-8065] (voir dire of 6/5/17; trial proceedings of 6/5-6/14/17; jury instruction of 6/13/17; opening statements of 6/5/17; closing argument of 6/13/17.) (Court Staff, sds) (Entered: 09/11/2017)
09/23/2017 186 TRANSCRIPT ORDER FORM by court reporter Jan Davis. Transcripts due 11/22/2017. (Davis, Jan) (Entered: 09/23/2017)
10/13/2017 187 CLERK'S BILL OF COSTS re 180 Amended BILL OF COSTS filed by Plaintiff Robert Cunningham. Plaintiff awarded costs in the amount of $5,244.85. (Court Staff, ssw) Modified on 10/13/2017 (Court Staff, ssw). (Entered: 10/13/2017)
11/21/2017 188 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial Proceedings, Volume I of VIII held on 6/5/2017 before Judge Alan B. Johnson re 177 Notice of Appeal. To purchase a copy of this transcript, please contact Court Reporter Jan Davis, phone (307) 222-3147 or email jbd.davis@gmail.com. A party must file a Notice of Intent to Request Redaction within 7 calendar days. If a party fails to request redaction, the unredacted transcript attached to this entry will be made available electronically without redaction. Notice of Intent to Redact due 11/28/2017. Notice of Redaction Request due 12/12/2017. Redacted Transcript Deadline set for 12/22/2017. Release of Transcript Restriction set for 2/19/2018. (Davis, Jan) (Entered: 11/21/2017)
11/21/2017 189 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial Proceedings, Volume II of VIII held on 6/6/2017 before Judge Alan B. Johnson re 177 Notice of Appeal. To purchase a copy of this transcript, please contact Court Reporter Jan Davis, phone (307) 222-3147 or email jbd.davis@gmail.com. A party must file a Notice of Intent to Request Redaction within 7 calendar days. If a party fails to request redaction, the unredacted transcript attached to this entry will be made available electronically without redaction. Notice of Intent to Redact due 11/28/2017. Notice of Redaction Request due 12/12/2017. Redacted Transcript Deadline set for 12/22/2017. Release of Transcript Restriction set for 2/19/2018. (Davis, Jan) (Entered: 11/21/2017)
11/21/2017 190 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial Proceedings, Volume III of VIII held on 6/7/2017 before Judge Alan B. Johnson re 177 Notice of Appeal. To purchase a copy of this transcript, please contact Court Reporter Jan Davis, phone (307) 222-3147 or email jbd.davis@gmail.com. A party must file a Notice of Intent to Request Redaction within 7 calendar days. If a party fails to request redaction, the unredacted transcript attached to this entry will be made available electronically without redaction. Notice of Intent to Redact due 11/28/2017. Notice of Redaction Request due 12/12/2017. Redacted Transcript Deadline set for 12/22/2017. Release of Transcript Restriction set for 2/19/2018. (Davis, Jan) (Entered: 11/21/2017)
11/21/2017 191 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial Proceedings, Volume IV of VIII held on 6/8/2017 before Judge Alan B. Johnson re 177 Notice of Appeal. To purchase a copy of this transcript, please contact Court Reporter Jan Davis, phone (307) 222-3147 or email jbd.davis@gmail.com. A party must file a Notice of Intent to Request Redaction within 7 calendar days. If a party fails to request redaction, the unredacted transcript attached to this entry will be made available electronically without redaction. Notice of Intent to Redact due 11/28/2017. Notice of Redaction Request due 12/12/2017. Redacted Transcript Deadline set for 12/22/2017. Release of Transcript Restriction set for 2/19/2018. (Davis, Jan) (Entered: 11/21/2017)
11/21/2017 192 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial Proceedings Volume V of VIII held on 6/9/2017 before Judge Alan B. Johnson re 177 Notice of Appeal. To purchase a copy of this transcript, please contact Court Reporter Jan Davis, phone (307) 222-3147 or email jbd.davis@gmail.com. A party must file a Notice of Intent to Request Redaction within 7 calendar days. If a party fails to request redaction, the unredacted transcript attached to this entry will be made available electronically without redaction. Notice of Intent to Redact due 11/28/2017. Notice of Redaction Request due 12/12/2017. Redacted Transcript Deadline set for 12/22/2017. Release of Transcript Restriction set for 2/19/2018. (Davis, Jan) (Entered: 11/21/2017)
11/21/2017 193 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial Proceedings Volume VI of VIII held on 6/12/2017 before Judge Alan B. Johnson re 177 Notice of Appeal. To purchase a copy of this transcript, please contact Court Reporter Jan Davis, phone (307) 222-3147 or email jbd.davis@gmail.com. A party must file a Notice of Intent to Request Redaction within 7 calendar days. If a party fails to request redaction, the unredacted transcript attached to this entry will be made available electronically without redaction. Notice of Intent to Redact due 11/28/2017. Notice of Redaction Request due 12/12/2017. Redacted Transcript Deadline set for 12/22/2017. Release of Transcript Restriction set for 2/19/2018. (Davis, Jan) (Entered: 11/21/2017)
11/21/2017 194 SEALED DOCUMENT - NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial Proceedings Volume VIa of VIII held on 6/12/2017 before Judge Alan B. Johnson re 177 Notice of Appeal. To purchase a copy of this transcript, please contact Court Reporter Jan Davis, phone (307) 222-3147 or email jbd.davis@gmail.com. (Davis, Jan) (Entered: 11/21/2017)
11/21/2017 195 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial Proceedings Volume VII of VIII held on 6/13/2017 before Judge Alan B. Johnson re 177 Notice of Appeal. To purchase a copy of this transcript, please contact Court Reporter Jan Davis, phone (307) 222-3147 or email jbd.davis@gmail.com. A party must file a Notice of Intent to Request Redaction within 7 calendar days. If a party fails to request redaction, the unredacted transcript attached to this entry will be made available electronically without redaction. Notice of Intent to Redact due 11/28/2017. Notice of Redaction Request due 12/12/2017. Redacted Transcript Deadline set for 12/22/2017. Release of Transcript Restriction set for 2/19/2018. (Davis, Jan) (Entered: 11/21/2017)
11/21/2017 196 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial Proceedings Volume VIII of VIII - FINAL - held on 6/14/2017 before Judge Alan B. Johnson re 177 Notice of Appeal. To purchase a copy of this transcript, please contact Court Reporter Jan Davis, phone (307) 222-3147 or email jbd.davis@gmail.com. A party must file a Notice of Intent to Request Redaction within 7 calendar days. If a party fails to request redaction, the unredacted transcript attached to this entry will be made available electronically without redaction. Notice of Intent to Redact due 11/28/2017. Notice of Redaction Request due 12/12/2017. Redacted Transcript Deadline set for 12/22/2017. Release of Transcript Restriction set for 2/19/2018. (Davis, Jan) (Entered: 11/21/2017)
11/21/2017 197 Transcript Letter transmitted to USCA re 177 Notice of Appeal. All transcripts that have been ordered from this reporter for this appeal are now filed with the United States District Court, District of Wyoming. (Davis, Jan) (Entered: 11/21/2017)
11/22/2017 198 (TEXT-ONLY) APPEAL ORDER from USCA as to 177 Notice of Appeal filed by Ports to Plains Travel Plaza Inc; Notice that the transcripts have been filed by Janet Davis in district court on 11/21/2017. Record on appeal/Notice due 12/18/2017 (Court Staff, stbd) (Entered: 11/22/2017)
12/21/2017 199 Appeal Remark re 177 Notice of Appeal. Record on appeal/Notice due 1/2/2018 (Court Staff, stbd) (Entered: 12/21/2017)
12/21/2017 200 Transcript Letter transmitted to USCA re 177 Notice of Appeal. All transcripts ordered for this appeal are now filed with the United States District Court, District of Wyoming. For purposes of appeal, the record is now ready. (Court Staff, stbd) (Entered: 12/21/2017)
12/21/2017 201 Appeal Remark - Notice filed that record is complete re 177 Notice of Appeal. Appellant's brief and appendix due on 01/30/2018 for Ports to Plains Travel Plaza, Inc (Court Staff, stbd) (Entered: 12/21/2017)
04/06/2018 202 MANDATE of USCA DISMISSING 177 Notice of Appeal filed by Ports to Plains Travel Plaza Inc. (Attachments: # 1 Mandate) (Court Staff, ssw) (Entered: 04/06/2018)

Outcome: SATISFACTION OF JUDGMENT filed by Robert Cunningham. (Stinson, Scott) (Entered: 04/09/2018)

Plaintiff's Experts:

Defendant's Experts:

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