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4FA-02-02674CI BACHNER COMPANY, INC et al vs. SOA, DEPT. OF ADMIN et al WSB

Court Case Details

Case Number: 4FA-02-02674CI
Case Type: Appeal from Administrative Agency (4FA)
Case Status: Closed
Action: Administrative Agency Appeal - Other
Case Judge: Burbank, Winston S
File Date: 15 Nov 2002

Parties

Name Role
BACHNER COMPANY, INC Appellant
BOWERS INVESTMENT COMPANY, LLC Appellant
SOA, DEPT. OF ADMIN Appellee
Duncan, Jim Appellee
McKinley Development Inc Intervenor

Dispositions

Disposition Date Case Judge
Recusal by Judge 2005-07-12 Steinkruger, Niesje J
Administrative Judicial Reassignment 2005-06-07 Pengilly, Charles R
Perempt Disqual by Plaintiff/Petitioner/Appellant 2005-07-19 Olsen, Randy M
Perempt Disqual by Defendant/Respondent/Appellee 2005-08-02 Wood, Mark I
Appeal Decision Reversing Agency or Lower Court 2005-12-02 Burbank, Winston S

Receipts

Receipt Number Date Amount
194329 2006-09-21 $10.00
194402 2006-09-21 $10.00

Events

Date Location Type Result Event Judge
2004-12-08 Courtroom 404, Fairbanks Courthouse Hearing Hearing Held Savell, Richard D
2005-10-24 Courtroom 202, Fairbanks Courthouse Oral Argument Hearing Held Burbank, Winston S
2008-09-08 Courtroom 202, Fairbanks Courthouse Hearing Hearing Held Burbank, Winston S

Financial

Cost Type Amount Owned Amount Paid Amount Adjusted Amount Outstanding
Total $20.00 $20.00 $0.00 $0.00
Miscellaneous Revenue $20.00 $20.00 $0.00 $0.00

Docket

Date Text
2005-02-23
                                    Notice of Appeal Deficiency Sent to AGO re:  no reply on motion unless ordered
                                
2005-02-23
                                    Notice of Appeal Deficiency Sent to Aschenbrenner re:  no reply on motion unless ordered
                                
2005-05-18
                                    Notice of Change of Judge (Peremptory Challenge)
            Attorney: Burns, John J (8601002)
                                
2005-06-30
                                    Order (No Motion) re: Motion for Reconsideration.
                                
2005-07-08
                                    Judicial Assignment to Judge Steinkruger
                                
2005-07-12
                                    Recusal by Judge Steinkruger
                                
2005-07-13
                                    Judge Olsen assigned to case on 7/14/05
                                
2005-07-26
                                    Peremptory Disqualification by Plaintiff/Petitioner
                                
2005-08-02
                                    Notice of Disqualification of Judge
                                
2005-08-02
                                    Peremptory Disqualification by Defendant/Respondent
                                
2005-08-02
                                    Judicial Assignment to Judge Burbank
                                
2005-10-20
                                    Notice to court requesting additional time for oral argument.
            Attorney: Burns, John J (8601002)
                                
2005-10-26
                                    Order granting intervenor's motion to strike appellant's reply brief.
            Case Motion #15: Appeal Motion
                                
2005-11-02
                                    Motion to Reconsider
            Attorney: Burns, John J (8601002)
            Case Motion #17
                                
2005-11-17
                                    Motion to Clarify Order granting motion to strike. 
            Attorney: Burns, John J (8601002)
            Case Motion #18
                                
2005-12-02
                                    Appeal Decision Reversing Lower Court Decision
                                
2005-12-15
                                    Motion for Attorney Fees
            Attorney: Burns, John J (8601002)
            Case Motion #20
                                
2005-12-15
                                    Motion to Reconsider regarding Laches.
            Attorney: Aschenbrenner, Peter J (7210037)
            Case Motion #22
                                
2005-03-08
                                    Non-Opposed Motion to Accept Late Filed Brief
            Attorney: Vandor, Marjorie L (8511185)
            AG (Attorney) on behalf of Jim Duncan (Appellee)
            Case Motion #13
                                
2005-03-22
                                    Order Granting Acceptance of Late Filed Brief
            Case Motion #13: Stipulation
                                
2005-03-22
                                    Appellee's Brief filed (State of Alaska)
            Case Motion #10: Appeal Briefing
                                
2005-03-29
                                    Appellant's Reply Brief to Intervenor Brief
            Case Motion #10: Appeal Briefing
                                
2005-03-30
                                    Motion for Extension of Time to file Appellants' reply brief. 
            Attorney: Burns, John J. (8601002)
            Case Motion #14
                                
2005-04-18
                                    Order re extension of time to file reply
            Case Motion #14: Standard Motion
                                
2005-04-29
                                    Motion to Strike
            Attorney: Aschenbrenner, Peter J (7210037)
            Case Motion #15
                                
2005-05-09
                                    Opposition to Motion to strike.
            Attorney: Burns, John J (8601002)
            Case Motion #15: Appeal Motion
                                
2005-05-11
                                    Administrative Judicial Reassignment from Judge Savell to Judge Downes
                                
2005-06-24
                                    Judge Downes Order of Recusation and Reassignment to Judge Steinkruger
                                
2005-06-27
                                    Motion for Reconsideration
            Attorney: Burns, John J (8601002)
            Case Motion #16
                                
2005-07-19
                                    Notice of Change of Judge (Peremptory Challenge)
            Attorney: Burns, John J (8601002)
                                
2005-08-22
                                    Motion for argument.
            Attorney: Aschenbrenner, Peter J (7210037)
            Case Motion #19
                                
2005-09-01
                                    Opposition to Motion for argument.
            Attorney: Burns, John J (8601002)
            Case Motion #19: Standard Motion
                                
2005-11-11
                                    Order denying reconsideration of order denying motion to strike.
                                
2005-11-14
                                    Opposition to Motion for reconsideration. 
            Attorney: Aschenbrenner, Peter J (7210037)
            Case Motion #17: Expedited Motion
                                
2005-12-02
                                    Appeal Decision Reversing Agency Decision
                                
2005-12-15
                                    Notice to court of filing documents for in camera review. 
            Attorney: Burns, John J (8601002)
                                
2005-12-15
                                    Motion to Reconsider
            Attorney: Office of the Attorney General (AG4FACI)
            Case Motion #21
                                
2005-12-15
                                    Motion to Reconsider regarding Bus Stop.
            Attorney: Aschenbrenner, Peter J (7210037)
            Case Motion #23
                                
2005-12-16
                                    Notice to court of filing documents for in camera review.
            Attorney: Burns, John J (8601002)
                                
2005-12-28
                                    State's Motion for Extension of Time to file Opposition to Appellant's Motion for Attorneys' Fees and Public Interest Litigant Status
            Attorney: Office of the Attorney General (AG1JUCI)
            Case Motion #24
                                
2005-02-18
                                    Order Granting Extension of Time for Appellee State to File Brief
            Case Motion #12: Appeal Motion
                                
2002-01-17
                                    Motions on Appeal
            Filed by:  APTS - BURNS
            C1:  UNOPPOSED M/EXTENSION TO FILE RECORD RIPE. BDF
            C2:  IF AGENCY RECORD NOT FILED, DISMISS APPEAL PER 1/6 NOTICE. BDF
            C3:
            C4:
            C5:
            C6:
            C7:
            C8:
                                
2002-11-15
                                    All Records Prior to 10/22/04   are Converted Records, for more information
            please come to the Clerks Office with the case number 
            or mail inquiries to:
            Fairbanks Trial Courts
            101 Lacey Street
            Fairbanks, AK 99701.
            Please note that some converted data, especially dates, may be incorrect due to data entry errors prior to conversion.
                                
2002-11-15
                                    Filed Date: Nov 15 2002
                                
2002-11-15
                                    Appeal Prior to Conversion
            AppealPriorToConversion:  Closed:  AppellateJudge:RDS  AppealType:ADR  Related/Consolidated Number:  Filing Fee [Y/N]:  Bond Posted:$  Receipt#:  C1:
                                
2002-11-15
                                    Attorney Information
            Attorney Office of the Attorney General representing Appellee Duncan, Jim as of 11/15/2002
                                
2002-11-16
                                    Attorney Information
            Attorney Office of the Attorney General dismissed/withdrawn for Appellee Duncan, Jim on 11/16/2002
                                
2002-11-19
                                    Attorney Information
            Attorney Office of the Attorney General representing Appellee SOA, DEPT. OF ADMIN as of 11/19/2002
                                
2002-11-20
                                    Other Trust Money Prior to Conversion
            Txt:APPEAL CASH BOND At:4FA Adj Amt: Rcpt#:347357 Amt Rcvd:1500 HowPd:CK Plt/DefLst:BACHNER FN:. MI: DOB: Rcvd Frm:BORGESON &, BURNS  Chk#: Amt Pd: Rsn: PdTo: F: M: D:11/20/2002
                                
2003-03-06
                                    Motions on Appeal
            Filed by:  APT
            C1:  MTN TO SUPPLEMENT POINTS ON APPEAL; AFFIDAVIT OF BACHNER
            C2:
            C3:  RESPONSE IS JUST AN OPINION OF THE FIRST AND SECOND FILINGS--IT APPEARS AS
            C4:  THOUGH THEY INTEND TO FILE AN OPPOSITION ALSO/MARY
            C5:
            C6:
            C7:
            C8:
                                
2003-03-13
                                    Motions on Appeal
            Filed by:  APT
            C1:  MTN FOR REMAND OR ALTERNATIVELY TO SUPP POINTS ON APPEAL
            C2:  (PREVIOUS MTN TO SUPP POINTS FILED 03/16/03)
            C3:
            C4:
            C5:
            C6:
            C7:
            C8:
                                
2003-04-22
                                    Other Trust Money Prior to Conversion
            Txt:Adr: 100 CUSHMAN ST.     |FAIRBANKS      |AK|99701 At:4FA Adj Amt: Rcpt#:347357 Amt Rcvd: HowPd: Plt/DefLst:VS SOA FN:BACHNER MI: DOB: Rcvd Frm: Chk#:0154585 Amt Pd:1500.00 Rsn:AB PdTo:& BURNS F:BORGESON M: D:04/22/2003
                                
2003-11-26
                                    Motions on Appeal
            Filed by:  INTERVENOR/ASCHENBRENNER
            C1:  MTN TO INTEREVENE (MCKINLEY DEVELOPMENT)
            C2:  QUALIFIED OPP FILED TIMELY.MLD/
            C3:
            C4:  MCKINLEY DEVELOPMENT FILED A REPLY -- I'M RETURNING IT/MLD
            C5:
            C6:
            C7:
            C8:
                                
2004-02-05
                                    Motions on Appeal
            Filed by:  INTERVENOR MCKINLEY/ALO
            C1:  REPLY TO OPP TO M/DISMISS DUE 6/1/04 ON EXTENSION.MLD/
            C2:  MTN TO DISMISS; MEMO; ATTACHMENTS.MLD/
            C3:  STIP HOLDING THIS MTN IN ABEYANCE PENDING STATUS HEARING.MLD/
            C4:  STATE TO SUPPLEMENT OR CONCUR W/M/DISMISS BY 4/16 PER 3/30 ORAL ORDER/MLD
            C5:  BURNS OPPOSITION DUE 5/10; ASCHENBRENNER REPLY TO OPP DUE 5/20.MLD/
            C6:
            C7:  STATE'S JOINDER IN MTN TO DISMISS FILED 4/16/04.MLD/
            C8:  STIP FOR EXT TO REPLY.MLD/ GRANTED - NOW DUE 5/20.MLD/
                                
2004-02-20
                                    Stipulation (In Motion Tracking)
            Filed by:  PARTIES
            C1:  STIP TO HOLD MCKINLEY'S MTN TO DISMISS IN ABEYANCE PENDING STATUS HRG/MLD
            C2:
            C3:
            C4:
            C5:
            C6:
            C7:
            C8:
                                
2004-03-12
                                    Motions on Appeal
            Filed by:  APT/BURNS
            C1:  SECOND MTN TO SUPP POINTS ON APPEAL (SUPPLANTING PRIOR MTN TO SUPPLEMENT)MD
            C2:  CONDITIONAL NON-OPP FILED 3/25
            C3:  STATE'S JOINDER IN MTN TO DISMISS FILED.MLD/
            C4:
            C5:
            C6:
            C7:
            C8:
                                
2004-05-04
                                    Stipulation (In Motion Tracking)
            Filed by:  PARTIES
            C1:
            C2:  STIP FOR 10-DAY EXT TO FILE REPLY TO M/DISMISS.MLD/
            C3:
            C4:
            C5:
            C6:
            C7:
            C8:
                                
2004-06-22
                                    Motion Hearing Prior to Conversion
            Text: MOTION TO DISMISS At: 4FA Reset:  By:  Case Title: BACHNER CO., ET AL.  In Custody: U Est Time: 01.0M Time: P0245 Judge: RDS Court/Room: 404 Dist/Sup: S Judge Disq:  Notice Code:  D: 05/25/2004
                                
2004-11-26
                                    Memorandum Decision Denying Motion to Dismiss
            Case Motion #5: Appeal Motion
                                
2004-11-26
                                    Order for Hearing
                                
2004-12-03
                                    Notice of Intent to Appear Telephonically
                                
2004-12-13
                                    Motion to Reconsider
            Attorney: Aschenbrenner, Peter J (7210037)
            Case Motion #9
                                
2004-12-29
                                    Order Denying Motion for Reconsideration
            Case Motion #9: Expedited Motion
                                
2005-01-14
                                    Appellant's Brief - Appeal Brief Tracking
            Attorney: Burns, John J. (8601002)
            Case Motion #10
                                
2005-02-14
                                    Intervenor McKinley Development's Motion for Extension of Time to File Brief
            Attorney: Aschenbrenner, Peter J (7210037)
            Case Motion #11
                                
2005-02-14
                                    Appellee State of Alaska's Motion for Extension of Time to File Brief
            Attorney: Office of the Attorney General (AG1JUCI)
            Case Motion #12
                                
2005-02-16
                                    Qualified Opposition to State of Alaska's and Intervenor McKinley's Motions for Extension of Time
            Attorney: Burns, John J. (8601002)
            Case Motion #11: Appeal Motion, Case Motion #12: Appeal Motion
                                
2006-01-09
                                    Appellants' Reply to State of Alaska's Memorandum in Opposition to Appellants' Motion for Attorney's Fees, Opposition to Request for Public Interest Litigant Status, and Opposition to Notice of Filing of In Camera Review of Appellants' Attorneys' Invoices
            Attorney: Burns, John J (8601002)
            Case Motion #20: Standard Motion
                                
2006-01-09
                                    Appellants' Bill of Costs
            Attorney: Burns, John J (8601002)
            Case Motion #25
                                
2006-01-09
                                    Second Amended Notice to Court of Filing Documents for in Camera Review
            Attorney: Burns, John J (8601002)
                                
2006-01-18
                                    State of Alaska's Objection to Appellants' Form of Submission of Attorneys Fees Invoices (Exhibit A); Failure to Provide Affidavit of Counsel; and Partial Opposition to Appellants' Bill of Costs
            Attorney: Office of the Attorney General (AG1JUCI)
                                
2006-01-18
                                    Partial Opposition to Appellants' Bill of Costs
            Attorney: Office of the Attorney General (AG1JUCI)
            Case Motion #25: Cost Bill
                                
2006-01-30
                                    Response to Partial Opposition to Appellants' Bill of Costs
            Attorney: Burns, John J (8601002)
            Case Motion #25: Cost Bill
                                
2006-01-30
                                    Response to State's Objection to Appellant's Form of Submission of Attorneys' Fees Invoices; Failure to Provide Affidavit of Counsel; and Partial Opposition to Appellants' Bill of Costs
            Attorney: Burns, John J (8601002)
                                
2006-02-09
                                    Memorandum opinion and order granting motion to establish public interest litigant status.
                                
2006-02-09
                                    Order for disclosure of attorney's fees and costs, supplemental briefing due in fifteen days.
                                
2006-02-14
                                    Disclosure of Attorney's Fees
            Attorney: Burns, John J (8601002)
            Case Motion #20: Standard Motion
                                
2006-02-27
                                    State's Unopposed Motion for Extension of Time to Reply to Disclosure of Attorney's Fees
            Attorney: Office of the Attorney General (AG1JUCI)
            Case Motion #26
                                
2006-03-02
                                    Order granting extension for response to appellant's motion for disclosure for attorney fees, due 3/6/06.
            Case Motion #26: Stipulation
                                
2006-03-06
                                    State of Alaska's Opposition to Appellant's Motion for Attorney's Fees
            Attorney: Office of the Attorney General (AG1JUCR)
            Case Motion #20: Standard Motion
                                
2006-03-23
                                    Order granting appellants' attorney fees in the amount of $96,000.
            Case Motion #20: Standard Motion
                                
2006-03-23
                                    Order awarding appellants' cost in the amount of $4,386.40.
            Case Motion #25: Cost Bill
                                
2006-04-03
                                    Supreme Court Order 4/3/06 Granting Petition for Review
                                
2006-04-04
                                    Agency Record Returned on 4/4/06
                                
2006-04-20
                                    Service on Return of Agency Record
                                
2006-09-21
                                    CD/Tape Duplication  Receipt: 194329  Date: 09/21/2006
                                
2006-09-21
                                    CD/Tape Duplication  Receipt: 194402  Date: 09/21/2006
                                
2007-09-14
                                    Appeal Decision Affirming Agency or Lower Court Decision.  Case Closed.
                                
2008-07-21
                                    Motion for Order to Show Cause
            Attorney: Kramer, Michael C (9605031)
            Case Motion #27
                                
2008-07-21
                                    Motion to Reduce Order to Judgment
            Attorney: Kramer, Michael C (9605031)
            Case Motion #28
                                
2008-07-30
                                    Appellee State of Alaska's Motion for Extension of Time to File It's Opposition to Appellant's Motion to Reduce Order to Judgment and Motion for Order to Show Cause
            Attorney: Vandor, Marjorie L (8511185)
            Case Motion #29
                                
2008-07-30
                                    Notice of Filing Copy of Affidavit
            Attorney: Office of the Attorney General (AG4FACI)
                                
2008-08-04
                                    Affidavit of Marjorie L Vandor
            Attorney: Office of the Attorney General (AG1JUCI)
                                
2008-08-15
                                    State of Alaska's Opposition to Appellant's Motion to Reduce Order to Judgment
            Attorney: Office of the Attorney General (AG3ANCI)
            Case Motion #28: Appeal Motion
                                
2008-08-15
                                    Opposition to Appellant's Motion for Order to Show Cause
            Attorney: Office of the Attorney General (AG3ANCI)
            Case Motion #27: Appeal Motion
                                
2008-08-19
                                    Order extending appellee's opposition to motions to reduce and order to show cause to August 15, 2008.
            Case Motion #30: Stipulation
                                
2008-08-19
                                    First motion for extension deemed moot, second extension granted.
            Case Motion #29: Standard Motion
                                
2008-08-20
                                    Unopposed Motion for Extension of Time to File Reply
            Attorney: Kramer, Michael C (9605031)
            Case Motion #31
                                
2008-08-21
                                    Unopposed Motion for Extension of Time to File Reply
            Attorney: Kramer, Michael C (9605031)
            Case Motion #32
                                
2008-08-22
                                    Reply to State of Alaska's Opposition to Appellant's Motion to Reduce Order to Judgment and Reply to Opposition to Appellant's Motion for Order to Show Cause
            Attorney: Kramer, Michael C (9605031)
            Case Motion #27: Appeal Motion, Case Motion #28: Appeal Motion
                                
2008-08-28
                                    Order granting extension for reply to opposition to motion to reduce until 8/21/08.
            Case Motion #31: Stipulation
                                
2008-08-28
                                    Order granting extension for reply to opposition to motion to reduce until 8/22/08.
            Case Motion #32: Stipulation
                                
2008-09-15
                                    Order denying appellants' motion to reduce to judgment.
            Case Motion #28: Appeal Motion
                                
2008-09-15
                                    Motion for order to show cause deemed moot.
            Case Motion #27: Appeal Motion
                                
2005-03-04
                                    Intervenor's Brief Filed
            Attorney: Aschenbrenner, Peter J (7210037)
            Case Motion #10: Appeal Briefing
                                
2002-11-15
                                    ** CONVERTED PAYMENT HISTORY AS OF 10/23/04
            -------------------------------------------------------
            Receipt Date : 11/20/02	Receipt Number : 347356	Amount : $100       
            Party from : BORGESON &, BURNS,
            
            	Tender : CK        
            	Tender : 4FA
            	Orig. Court : 4FA
            	Acct1 : 405
            	Total : 100
            Receipt Date : 11/20/02	Receipt Number : 347357	Amount : $1500      
            Party from : BORGESON &, BURNS,
            
            	Tender : CK        
            	Tender : 4FA
            	Orig. Court : 4FA
            	Acct1 : 996
            	Total : 1500
            	Comments : APPEAL CASH BOND           
            	33date : 11202002
            	34time : 1412
            	35posted : P
            Receipt Date : 04/06/04	Receipt Number : 372609	Amount : $10        
            Party from : ASCHENBRENNER, .,
            
            	Tender : CK        
            	Tender : 4FA
            	Orig. Court : 4FA
            	Acct1 : 404
            	Total : 10
                                
2005-02-18
                                    Order Granting Motion for Extension of Time for Intervenor McKinley Development to File Brief
            Case Motion #11: Appeal Motion
                                
2005-12-28
                                    Non-opposition to the State's Motion for Extension of Time to File Opposition to Appellant's Motion for Attorneys' Fees and Public Interest Litigant Status
            Attorney: Burns, John J (8601002)
            Case Motion #24: Standard Motion
                                
2005-12-30
                                    Memorandum and order denying state's motion for reconsideration.
            Case Motion #21: Expedited Motion
                                
2005-12-30
                                    Memorandum and order denying McKinley's motion to reconsider bus stop.
            Case Motion #23: Expedited Motion
                                
2005-12-30
                                    Memorandum and order denying McKinley's motion to reconsider laches.
            Case Motion #22: Expedited Motion
                                
2005-12-30
                                    Order extending opposition to appellants' motion for attorneys' fees, due 12/30/05.
                                
2005-12-30
                                    Order for recalculation of attorney fees.
                                
2005-12-30
                                    State of Alaska's Memorandum in Opposition to Appellants' Motion for Attorney's Fees, Opposition to Request for Public Interest Litigant Status, and Opposition to Notice of Filing of In Camera Review of Appellants' Attorneys' Invoices
            Attorney: Office of the Attorney General (AG1JUCI)
            Case Motion #20: Standard Motion
                                
2008-08-08
                                    Appellee State of Alaska's Unopposed Supplemental Motion for Extension of Time to File it's Opposition to Appellant's Motion to Reduce Order to Judgment and Motion for Order to Show Cause
            Attorney: Office of the Attorney General (AG1JUCI)
            Case Motion #30