Aquila, Inc. v. C.W. Mining Company
- Summarized by ,
- 7 years 6 months ago
- Citation:
- No. 16-4000 (D.C. No. 2:05-CV-00555-TC)
- Tag(s):
-
- Ruling:
- Appeal dismissed for lack of standing.
- Procedural context:
- Standard Industries, Inc., a non-party garnishee, seeks to appeal the district
court’s order renewing a judgment against C.W. Mining Company (CWM) in favor of Aquila, Inc.
- Facts:
- In 2007, the district court entered a $24,841,988 judgment in favor of Aquila,
an electrical utility, in Aquila’s breach of contract action against CWM for failure to
deliver contracted-for coal. A writ of garnishment was served on
Standard in Aquila’s effort to collect the judgment. In 2008, Aquila filed an involuntary bankruptcy petition against C.W. Mining. In October 2015, the bankruptcy trustee and Aquila jointly stipulated that no principal had been collected on the judgment and they stipulated to relief from the bankruptcy stay for the limited purpose of permitting Aquila to renew its judgment against C.W. Mining.
After the bankruptcy court lifted the stay, Aquila moved in district court to
renew the judgment. Standard, which wasn’t a party to the district court case, but
merely a garnishee, filed a motion opposing Aquila’s motion for renewal. In the
motion, Standard argued Aquila had recovered its losses by obtaining replacement
coal and wasn’t the real party in interest because of asset sales and a merger. But
other than listing itself as a garnishee in the caption, Standard didn’t articulate any
argument or present any evidence showing it had standing to object to Aquila’s
renewal motion. The district court granted the motion to renew the judgment without
mentioning Standard’s motion. Standard appeals.
- Judge(s):
- HOLMES, BALDOCK, and MORITZ,
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