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Bearce v. Yellowstone Energy Development

Docket No. 20210010
Oral Argument: Wednesday, June 30, 2021 2:45 PM

Docket Info

Title
Daniel T. and Debra Ann Bearce, Plaintiffs and Appellants
v.
Yellowstone Energy Development, LLC, Acting By
and Through Its Board Of Directors, Defendant and Appellee
Case Type
CIVIL APPEAL : CONTRACTS
Appeal From
Case No. 2016-CV-01414
Northwest Judicial District, Williams County
Joshua B. Rustad

Parties' Statement of Issues

  • Appellant

    ISSUE ONE: Whether trial court’s determination that no duty was owed by Yellowstone to Bearce was reversible error?
    ISSUE TWO: Whether trial court’s determination no breach of duty by Yellowstone occurred involving Bearce was reversible error?

  • Appellee 1

    [1] The district court did not err in determining that the Bearces acquired their interest in Yellowstone Energy in December 2012 in connection with the Unit Ledger.
    [2] The district court did not err in determining that Yellowstone Energy did not owe the Bearces fiduciary duties in August 2010 given that the Bearces did not acquire their interest in Yellowstone Energy until December 2012.
    [3] The district court did not err in determining that Yellowstone Energy did not breach any fiduciary duties owed to the Bearces by the 3:1 Increase in December 2012.


Briefs

Filing Date Description
04/19/2021 APPELLANT BRIEF View
05/27/2021 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Charles L Neff - 04023
APPELLEE PRIVATE PRACTICE Kent A Reierson - 03685
APPELLEE PRIVATE PRACTICE Trevor A. Hunter - 07959

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 01/13/2021 NOTICE OF APPEAL : 01/13/2021
2 01/13/2021 ORDER FOR TRANSCRIPT : 01/22/2021
3 01/15/2021 Rec'd $125.00 Filing Fee (receipt #28054)
4 01/22/2021 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
5 01/22/2021 Notice Served on Charles L. Neff, Kent A. Reierson & Trevor A. Hunter
6 02/17/2021 ELEC. RECORD ON APPEAL DATED FEBRUARY 16, 2021 (ENTRY NOS.1-143)
7 03/10/2021 ELECTRONIC TRANSCRIPT DATED JUNE 8, 2020
8 03/10/2021 TRANSCRIPT C.O.S.
9 04/19/2021 APPELLANT BRIEF View
10 04/19/2021 Oral Argument Request by Appellant
11 04/20/2021 APPELLANT APPENDIX
12 04/22/2021 Rec'd non-substantive corrections to ATB & ATA (margins, footnotes & C.O.S.)
13 04/27/2021 Rec'd 4 copies of ATB & ATA from CSD
14 05/13/2021 MOT. EXT/TIME APPELLEE BRIEF
15 05/13/2021 ACTION BY CLERK - Granted : 05/31/2021
16 05/18/2021 NOTICE OF ORAL ARGUMENT SENT
17 05/27/2021 APPELLEE BRIEF View
18 05/27/2021 Oral Argument Request by Appellee
19 05/27/2021 APPELLEE APPENDIX
20 06/01/2021 Rec'd 4 copies of AEB & AEA from CSD
21 06/02/2021 Rec'd $44.50 e-filing surcharge for AEA (receipt #28149)