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BCB Cheyenne v. MineOne Wyoming Data Center — Entry #2

Case: BCB Cheyenne v. MineOne Wyoming Data Center ca10 · 24-8048

filed July 26, 2024

What this document is

Docket entry #2

Who is involved

Why we have it

We follow this case because it names a company we track, although that company is not a party:

A free copy from the RECAP archive of federal court filings (mirrored at the Internet Archive), retrieved September 29, 2026. Federal court filings are public records.

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Appellate Case: 24-8048       Document: 2   Date Filed: 08/08/2024   Page: 1

                                    UNITED STATES COURT OF
                                    APPEALS FOR THE TENTH
                                            CIRCUIT

                                      DOCKETING STATEMENT


         Appeal Number              24-8048

            Case Name              BCB Cheyenne LLC v. MineOne Wyoming Data Center LLC
                                   et al.
          Party or Parties         MineOne Wyoming Data Center LLC
     Filing Notice of Appeal
            Or Petition

          Appellee(s) or           BCB Cheyenne LLC
          Respondent(s)

      List all prior or related    None
     appeals in this court with
      appropriate citation(s).


I.        JURISDICTION OVER APPEAL OR PETITION FOR REVIEW
          A.     APPEAL FROM DISTRICT COURT
                 1.     Date final judgment or order to be reviewed was entered on
                        the district court docket: June 28, 2024
                 2.     Date notice of appeal was filed: July 26, 2024
                 3.     State the time limit for filing the notice of appeal (cite the
                        specific provision of Fed. R. App. P. 4 or other statutory
                        authority): 30 days from June 28, 2024; Fed. R. App. P.
                        4(a)(1)(A)
                        a.        Was the United States or an officer or an agency of the
                                  United States a party below? No

                        b.        Was a motion filed for an extension of time to file the
                                  notice of appeal? If so, give the filing date of the motion,
                                                   1


Appellate Case: 24-8048   Document: 2   Date Filed: 08/08/2024   Page: 2

                the date of any order disposing of the motion, and the
                deadline for filing the notice of appeal: No
    4.    Tolling Motions. See Fed. R. App. P. 4(a)(4)(A); 4(b)(3)(A).
          a.    Give the filing date of any motion that tolls the
                time to appeal pursuant to Fed. R. App. P.
                4(a)(4)(A) or 4(b)(3)(A): None


          b.    Has an order been entered by the district court
                disposing of any such motion, and, if so, when? None


    5.    Is the order or judgment final (i.e. does it dispose of all claims
          by and against all parties)? No.
          (If your answer to Question 5 is no, please answer
          the following questions in this section.)

          a.    If not, did the district court direct entry of judgment
                in accordance with Fed. R. Civ. P. 54(b)? When was
                this done? No.


          b.    If the judgment or order is not a final disposition, is it
                appealable under 28 U.S.C. ' 1292(a)? Yes.
          c.     If none of the above applies, what is the specific legal
                 authority for determining that the judgment or order is
                 appealable?


    6.    Cross Appeals.
          a.    If this is a cross appeal, what relief do you seek
                beyond preserving the judgment below? See United
                                  2


 Appellate Case: 24-8048   Document: 2   Date Filed: 08/08/2024   Page: 3

                 Fire & Cas. Co. v. Boulder Plaza Residential, LLC,
                 633 F.3d 951, 958 (10th Cir. 2011) (addressing
                 jurisdictional validity of conditional cross appeals).
                 N/A


           b.    If you do not seek relief beyond an alternative basis for
                 affirmance, what is the jurisdictional basis for your
                 appeal? See Breakthrough Mgt. Group, Inc. v.
                 Chukchansi Gold Casino and Resort, 629 F.3d 1173,
                 1196-98 and n.18 (10th Cir. 2010) (discussing
                 protective or conditional cross appeals). N/A


B.   REVIEW OF AGENCY ORDER (To be completed only in
     connection with petitions for review or applications for
     enforcement filed directly with the court of appeals.) N/A

     1.    Date of the order to be reviewed:
     2.    Date petition for review was filed:
     3.    Specify the statute or other authority granting the Tenth
           Circuit Court of Appeals jurisdiction to review the order:
     4.    Specify the time limit for filing the petition (cite specific
           statutory section or other authority):
C.   APPEAL OF TAX COURT DECISION N/A

     1.    Date of entry of decision appealed:

     2.    Date notice of appeal was filed:
           (If notice was filed by mail, attach proof of postmark.)

     3.    State the time limit for filing notice of appeal (cite specific
           statutory section or other authority):

     4.    Was a timely motion to vacate or revise a decision made
           under the Tax Court’s Rules of Practice, and if so, when? See
                                   3


        Appellate Case: 24-8048   Document: 2   Date Filed: 08/08/2024   Page: 4

                  Fed. R. App. P. 13(a)

II.    ADDITIONAL INFORMATION IN CRIMINAL APPEALS. N/A
       A.   Does this appeal involve review under 18 U.S.C. ' 3742(a) or (b) of
            the sentence imposed?
       B.   If the answer to A (immediately above) is yes, does the defendant
            also challenge the judgment of conviction?
       C.   Describe the sentence imposed.

       D.   Was the sentence imposed after a plea of guilty?

       E.   If the answer to D (immediately above) is yes, did the plea
            agreement include a waiver of appeal and/or collateral challenges?

       F.   Is the defendant on probation or at liberty pending appeal?

       G.   If the defendant is incarcerated, what is the anticipated release
            date if the judgment of conviction is fully executed?


       NOTE:      In the event expedited review is requested and a motion
                  to that effect is filed, the defendant shall consider
                  whether a transcript of any portion of the trial court
                  proceedings is necessary for the appeal. Necessary
                  transcripts must be ordered by completing and
                  delivering the transcript order form to the Clerk of the
                  district court with a copy filed in the court of appeals.


III.   GIVE A BRIEF DESCRIPTION OF THE NATURE OF THE
       UNDERLYING CASE AND RESULT BELOW.

     The case below involves breach of contract claims and other business tort
claims asserted by Plaintiff and in counterclaims by Defendants. The result
below which is being appealed is the Court’s improper granting of prejudgment

                                          4


        Appellate Case: 24-8048   Document: 2   Date Filed: 08/08/2024   Page: 5

writs against Defendant MineOne Wyoming Data Center LLC.

IV.   IDENTIFY TO THE BEST OF YOUR ABILITY AT THIS
      STAGE OF THE PROCEEDINGS, THE ISSUES TO BE
      RAISED IN THIS APPEAL. You must attempt to identify the
      issues even if you were not counsel below. See 10th Cir. R.
      3.4(B).
      The issue to be raised in the United States Court of Appeals for the Tenth
Circuit is from the Order Granting Request for Issuance of Prejudgment Writs of
Attachment and Garnishment [ECF Doc. 254] dated and filed on June 28, 2024
(the “Order”) and the hearing thereon which occurred on June 26, 2023. MineOne
Wyoming Data Center LLC is only appealing the Order so far as the Order
granted the issuance of the prejudgment writs of attachment and garnishment
of Defendant MineOne Wyoming Data Center LLC’s assets attached thereunder.
This Order is appealable as the order is an interlocutory order of serious,
irreparable consequence and can only be effectively challenged by an immediate
appeal. Ditucci v. Bowser, 985 F.3d 804, 809 (10th Cir. 2021); 28 USC
§1292(a)(1).


                                          5


      Appellate Case: 24-8048   Document: 2   Date Filed: 08/08/2024   Page: 6

V.   ATTORNEY FILING DOCKETING STATEMENT:

     Name: Sean Larson                        Telephone: (307) 634-7723

     Firm: Hathaway & Kunz, LLP

     Email Address: slarson@hkwyolaw.com

     Address: 2515 Warren Avenue, Suite 500, Cheyenne, WY 82001


         /s/Sean Larson                                August 8, 2024

     Signature                                        Date


                                        6


        Appellate Case: 24-8048   Document: 2   Date Filed: 08/08/2024   Page: 7


                         CERTIFICATE OF SERVICE

     I, Sean Larson, hereby certify that on August 8, 2024, I electronically filed

the foregoing Docketing Statement with the Clerk of Court using the CM/ECF

System which Based on the records currently on file the Clerk of Court will

transmit a Notice of Electronic Filing to all registered counsel of record.


                                    /s/ Sean Larson
                                    Signature
                                    August 8, 2024
                                    Date


                                    Sean Larson Wyo. Bar #7-5112
                                    HATHAWAY & KUNZ, LLP
                                    P. O. Box 1208
                                    Cheyenne, WY 82003
                                    Phone: (307) 634-7723
                                    Fax: (307) 634-0985
                                    slarson@hkwyolaw.com


                                          7