Case Details

CourtDistrict of Idaho
Docket number1:12-cv-00288
Date case filed2012-06-06
Date case closed2013-02-19
Date of latest filing
Assigned toJudge Edward J. Lodge
Case cause12:22 Securities Fraud
Nature of suit370 Fraud or Truth-In-Lending
Jury demandPlaintiff
Demand
JurisdictionFederal Question

Case Parties

Party: Robert C Tonsmeire
Party type: Plaintiff
Attorney name: Robert C Tonsmeire
Attorney Contact:
PO Box 315
Boise, ID 83701
208-720-4802
PRO SE
Party: Am South Bank
Party type: Defendant
now known asRegions Bank
Party: William Seifert
Party type: Defendant
President, Am South Bank, nka Regions Bank
Attorney name: Amanda Elizabeth Ulrich
Attorney Contact:
Holden Kidwell Hahn & Crapo, PLLC
PO Box 50130
Idaho Falls, ID 83405
208-523-0620
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Donald L Harris
Attorney Contact:
HOLDEN KIDWELL HAHN & CRAPO
PO Box 50130
Idaho Falls, ID 83405
(208) 523-0620
Fax: (208) 523-9518
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Kenneth Niemeyer
Party type: Defendant
Trust Officer, Am South Bank nka Regions Bank
Attorney name: Donald L Harris
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Michael C DeLaney
Party type: Defendant
attorney for the estate of Arthur C Tonsmeire, Jr
Attorney name: Jetta Hatch Mathews
Attorney Contact:
Moffatt Thomas
POB 817
Pocatello, ID 83204
208-233-2001
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Lee Radford
Attorney Contact:
MOFFATT THOMAS BARRETT ROCK & FIELDS
PO Box 51505
Idaho Falls, ID 83405-1505
(208) 522-6700
Fax: 1-208-522-5111
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Arthur C Tonsmeire, III
Party type: Defendant
executor for the estate of Arthur C Tonsmeire, Jr
Attorney name: Lee Radford
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Jetta Hatch Mathews
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Estate of Joseph L Tonsmeire
Party type: Defendant
Party: Daniel L Tonsmeire
Party type: Defendant
Party: Edward C Tonsmeire
Party type: Defendant

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12012-06-06 COMPLAINT against Am South Bank, Michael C DeLaney, Estate of Joseph L Tonsmeire, Kenneth Niemeyer, William Seifert, Arthur C Tonsmeire, III, Daniel L Tonsmeire, Edward C Tonsmeire Summons Issued, filed by Robert C Tonsmeire. (Attachments: # 1 Cover Sheet, # 2 Federal Questions for Removal from Alabama State Court the US District Court, # 3 Letter to Judge, # 4 Notice of Removal to Alabama Court, # 5 Letters, # 6 Alabama Case Action Summary, # 7 Mobile Alabama Execution, # 8 Supreme Court of Alabama Opinion, # 9 State Court Order and Judgment, # 10 State Court Answer, # 11 State Court Motion for Summary Judgment, # 12 State Court Answer to Third and Fourth Amended Complaints, # 13 State Court Answer to Fourth Amended Complaint, # 14 State Court Answer to Third Amended Complaint, # 15 State Court Affidavit in Support of Motion for Sumary Judgment, # 16 State Court Amendment III Motion for Declaratory Judgment, # 17 State Court Affidavit in Support of Motion for Summary Judgment, # 18 State Court Motion for Summary Judgment, # 19 State Court Motion, # 20 State Court Motion for Summary Judgment as to the Amended Complaint, # 21 State Court Motion to Quash, # 22 State Court Affidavit of Robert C Tonsmeire, # 23 Supreme Court of Alabama Documents, # 24 State Court Motion for the Correction of the Record, # 25 State Court Letters and Motion for Reinstatement, # 26 State Court answer to Amended Complaint, # 27 State Court Complaint, # 28 State Court Motion for Summary Judgment, # 29 State Court Answer, # 30 State Court Motion for Summary Judgment, # 31 Miscellaneous State Court Documents, # 32 State Court Service Documents, # 33 State Court Motion to Submit Additional Evidence Substantiating False Testimony)(cjm)(Attachments #31 and #33 placed in Expando on shelf in Clerk's office due to poor scan quality.) (Additional attachment(s) added on 6/12/2012: # 34 Attachment) (krb). (Entered: 06/07/2012)
22012-06-06 Summons Issued as to Am South Bank, Michael C DeLaney, Estate of Joseph L Tonsmeire, Kenneth Niemeyer, William Seifert, Arthur C Tonsmeire, III, Daniel L Tonsmeire, Edward C Tonsmeire. (Print attached Summons for service.) (cjm) (Entered: 06/07/2012)
32012-07-09 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Jetta Hatch Mathews appearing for Defendant Arthur C Tonsmeire, III. Responses due by 8/2/2012 (Attachments: # 1 Memorandum in Support)(Mathews, Jetta)
42012-07-10 NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for Arthur C Tonsmeire, III, Robert C Tonsmeire re 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Consent/Objection to Magistrate due by 9/13/2012. (krb)
52012-07-10 NOTICE to Pro Se Litigants of the Summary Judgment Rule Requirement re 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (krb)
62012-07-11 NOTICE by Arthur C Tonsmeire, III of Assignment to a U.S. Magistrate Judge & Consent Form (Mathews, Jetta)
72012-07-11 Docket entry only - CONSENT to Magistrate Judge filed. (krb)
82012-07-26 NOTICE by Michael C DeLaney of Joinder in Defendant Arthur C. Tonsmeire III's Motion to Dismiss (Mathews, Jetta)
92012-07-27 JOINDER by Defendant Michael C DeLaney joining 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Mathews, Jetta)
102012-08-03 MOTION for Continuance by Plaintiff Robert C Tonsmeire. Responses due by 8/27/2012 (krb)
112012-08-17 RESPONSE to Motion re 10 MOTION to Continue filed by Arthur C Tonsmeire, III. Replies due by 9/4/2012.(Mathews, Jetta)
122012-08-15 SUMMONS Returned Executed by Robert C Tonsmeire. Arthur C Tonsmeire, III served on 6/12/2012, answer due 7/3/2012. (krb) (Entered: 08/17/2012)
132012-08-15 SUMMONS Returned Executed by Robert C Tonsmeire. William Seifert served on 7/18/2012, answer due 8/8/2012. (krb) (Entered: 08/17/2012)
142012-08-15 Plaintiff's Response to Defendants Motion to Dismiss re 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Robert C Tonsmeire. Replies due by 9/4/2012.(krb) (Entered: 08/17/2012)
152012-08-27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Donald L Harris appearing for Defendant William Seifert. Responses due by 9/20/2012 (Attachments: # 1 Memorandum in Support, # 2 Affidavit Affidavit of William Seifert)(Harris, Donald)
162012-08-27 CERTIFICATE OF SERVICE by William Seifert re 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Affidavit of William Seifert (Harris, Donald)
172012-08-28 NOTICE to Pro Se Litigants of the Summary Judgment Rule Requirement re 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (krb)
182012-08-29 SUMMONS Returned Executed by Robert C Tonsmeire. Michael C DeLaney served on 7/11/2012, answer due 8/1/2012. (krb)
192012-08-29 MEMORANDUM in Support re 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Michael C DeLaney.(Mathews, Jetta)
202012-09-05 Docket entry only - CONSENT to Magistrate Judge filed. (krb)
212012-09-14 The 60 day deadline has expired. Case has been reassigned to a District Judge. No more notice of assignment will be sent out. (krb)
222012-09-14 ORDER REFERRING CASE to Magistrate Judge Larry M. Boyle, referred for All MattersMotions referred to Larry M. Boyle.. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dks)
232012-09-18 RESPONSE to Motion re 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Robert C Tonsmeire. Replies due by 10/5/2012.(dks) (Entered: 09/19/2012)
242012-09-18 MOTION for Summary Judgment by Plaintiff Robert C Tonsmeire.Motions referred to Larry M. Boyle. Responses due by 10/12/2012 (dks) (Entered: 09/19/2012)
252012-09-19 SUMMONS Returned Executed by Robert C Tonsmeire. Estate of Joseph L Tonsmeire served on 8/27/2012, answer due 9/17/2012. (krb) (Entered: 09/21/2012)
262012-09-21 NOTICE OF JOINDER by Michael C DeLaney re 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Estate of Joseph L. Tonsmeire of Joinder in Defendant Arthur C. Tonsmeire III's Motion to Dismiss (Mathews, Jetta)
272012-10-01 NOTICE by Edward C Tonsmeire re 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Mathews, Jetta)
282012-10-02 MOTION to Dismiss Donald L Harris appearing for Defendant Kenneth Niemeyer.Motions referred to Larry M. Boyle. Responses due by 10/26/2012 (Attachments: # 1 Memorandum in Support, # 2 Affidavit Kenneth Niemeyer)(Harris, Donald)
292012-10-03 CERTIFICATE OF SERVICE by Kenneth Niemeyer re 28 MOTION to Dismiss Affidavit of Kenneth Niemeyer (Harris, Donald)
302012-10-04 NOTICE to Pro Se Litigants of the Summary Judgment Rule Requirement re 28 MOTION to Dismiss (krb)
312012-10-05 REPLY to Response to Motion re 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by William Seifert.(Harris, Donald)
322012-10-05 ERRATA by Defendant William Seifert re 31 Reply to Response to Motion Signatures Pages. (Harris, Donald)
332012-10-08 MEMORANDUM in Opposition re 24 MOTION for Summary Judgment Defendants' Memorandum in Opposition to Plaintiff's Motion for Summary Judgment filed by Michael C DeLaney, Estate of Joseph L Tonsmeire, Arthur C Tonsmeire, III, Edward C Tonsmeire. Replies due by 10/25/2012.(Mathews, Jetta)
342012-10-05 MOTION for Continuance to Serve Summons to Defendant Daniel L. Tonsmeire by Plaintiff Robert C Tonsmeire. Motions referred to Larry M. Boyle. Responses due by 10/29/2012 (krb) (Entered: 10/09/2012)
352012-10-12 MEMORANDUM in Opposition re 24 MOTION for Summary Judgment filed by Kenneth Niemeyer, William Seifert. Replies due by 10/29/2012.(Harris, Donald)
362012-10-18 NOTICE by Michael C DeLaney re 34 MOTION to Continue Defendant's Non-Opposition to Plaintiff's Motion for Continuance (Mathews, Jetta)
372012-10-19 RESPONSE to Motion re 34 MOTION to Continue filed by Michael C DeLaney, Estate of Joseph L Tonsmeire, Arthur C Tonsmeire, III, Daniel L Tonsmeire, Edward C Tonsmeire. Replies due by 11/5/2012.(Mathews, Jetta)
382012-10-23 Plaintiff's Response to Defendant Kenneth Niemeyer's Motion to Dismiss re 28 MOTION to Dismiss filed by Robert C Tonsmeire. Replies due by 11/9/2012.(krb) (Entered: 10/29/2012)
392012-10-26 Plaintiff's Response to Defendant William Seifert's Reply to Motion to Dismiss re 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , 31 Reply to Response to Motion filed by Robert C Tonsmeire. (krb) (Entered: 10/31/2012)
402012-10-29 Plaintiffs Response to Defendants Memorandum in Opposition to Plainitff's Motion for Summary Judgment/Default Judgment re 24 MOTION for Summary Judgment filed by Robert C Tonsmeire. (krb) (Entered: 11/01/2012)
412012-10-31 NOTICE to the Court by Robert C Tonsmeire (krb) (Entered: 11/01/2012)
422012-10-31 List of Attorneys Contacted by the Plainitff by Robert C Tonsmeire (krb) (Entered: 11/01/2012)
432012-11-06 REPLY to Response to Motion re 28 MOTION to Dismiss filed by Kenneth Niemeyer.(Harris, Donald)
442012-11-06 Summons Returned Unexecuted by Robert C Tonsmeire as to Daniel L Tonsmeire. (ja) (Entered: 11/15/2012)
452012-11-26 MOTION for Continuance to Respond to Defendant Kenneth Niemeyer's Reply in Support of Motion to Dismiss, as to 28 MOTION to Dismiss by Plaintiff Robert C Tonsmeire.Motions referred to Larry M. Boyle. Responses due by 12/20/2012 (ja) (Entered: 11/29/2012)
462012-12-11 Plaintiff's RESPONSE to Attorney for Daniel L. Tonsmeire Not Receiving Summons, re 44 Summons Returned Unexecuted filed by Robert C Tonsmeire. (jp) (Entered: 12/12/2012)
472012-12-18 NOTICE by Daniel L Tonsmeire of Joinder in Defendant Arthur C. Tonsmeire III's Motion to Dismiss and Defendants' Memorandum in Opposition to Summary Judgment (Mathews, Jetta)
482012-12-18 PLAINTIFF'S RESPONSE TO DEFENDANT KENNETH NIEMEYER'S 43 Reply in support of Motion to Dismiss filed by Robert C Tonsmeire. (jp) (Entered: 12/28/2012)
492013-01-02 PLAINTIFF'S RESPONSE to Defendant Daniel L. Tonsmeire's Motion to Dismiss and Opposition to Plaintiff's Motion for Summary Judgment filed by Robert C Tonsmeire. (jp) (Entered: 01/03/2013)
502013-01-14 REPLY to Response to Motion re 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Daniel L Tonsmeire.(Mathews, Jetta)
512013-01-16 REPORT AND RECOMMENDATIONS re 45 MOTION for Extension of Time to File Response/Reply as to 28 MOTION to Dismiss 24 MOTION for Summary Judgment 10 MOTION to Continue 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 1 Complaint 34 MOTION to Continue 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 28 MOTION to Dismiss Objections to R&R due by 2/4/2013. Signed by Judge Larry M. Boyle. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st) (Entered: 01/17/2013)
522013-01-17 AMENDED REPORT AND RECOMMENDATIONS re 51 REPORT AND RECOMMENDATIONS re 45 MOTION for Extension of Time to File Response/Reply as to 28 MOTION to Dismiss 24 MOTION for Summary Judgment 10 MOTION to Continue 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 1 Complaint 34 MOTION to Continue 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 28 MOTION to Dismiss Objections to R&R due by 2/4/2013. Signed by Judge Larry M. Boyle. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
532013-01-24 Plaintiff's Response to United States District Court's Report and Recommendation 51 , 52 Report and Recommendations. (st) (Entered: 01/31/2013)
542013-01-25 Plaintiff's Response to United States District Court's Report and Recommendation by Robert C Tonsmeire re 53 Objection to Report and Recommendations. (appears to be a duplicate of doc #53) (Attachments: # 1 Envelope)(st) (Entered: 01/31/2013)
552013-02-11 RESPONSE TO OBJECTION TO R&R filed by Michael C DeLaney, Arthur C Tonsmeire, III, Daniel L Tonsmeire, Edward C Tonsmeire.(Mathews, Jetta)
562013-02-11 RESPONSE TO OBJECTION TO R&R filed by Estate of Joseph L Tonsmeire.(Mathews, Jetta)
572013-02-19 ORDER ADOPTING AMENDED REPORT AND RECOMMENDATION re 51 Report and Recommendations; granting 28 Motion to Dismiss; denying as moot 34 Motion to Continue; denying as moot 45 Motion for Extension of Time to File Response/Reply re 51 REPORT AND RECOMMENDATIONS re 45 MOTION for Extension of Time to File Response/Reply ; adopting 52 Amended Report and Recommendations; granting 3 Motion to Dismiss for Failure to State a Claim; denying as moot 10 Motion to Continue; granting 15 Motion to Dismiss for Failure to State a Claim; denying as moot 24 Motion for Summary Judgment. Plaintiff's Complaint is DISMISSED WITH PREJUDICE. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st) Modified on 2/19/2013 to include that the case is dismissed (st).
582013-02-19 JUDGMENT. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Plaintiff take nothing from the Defendants and Plaintiff's Complaint is DISMISSED WITH PREJUDICE IN ITS ENTIRETY. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
592013-02-22 Plaintiff's Reply to Defendants Response to Plaintiff's Objections to the Report and Recommendation of the Court by Judge Boyle re 54 Notice (Other), 53 Objection to Report and Recommendations, 56 Response to Objection to R&R, 55 Response to Objection to R&R filed by Robert C Tonsmeire. (st)
602013-03-05 Rights Violation NOTICE to the Court by Robert C Tonsmeire (jp)
612013-03-14 MOTION for Extension of Time to File the Appeal with the 9th Circuit Court of Appeals. by Plaintiff Robert C Tonsmeire.Motions referred to Larry M. Boyle. Responses due by 4/8/2013 (jp) (Entered: 03/18/2013)
622013-04-19 NOTICE OF APPEAL as to 57 Order Adopting Report and Recommendations, 58 Judgment, by Robert C Tonsmeire. Filing fee $ 455.00, Receipt #9425. (Notice sent to Court Reporter & 9th Cir) (Attachments: # 1 Cover letter, # 2 Attachments)(st) Modified on 4/24/2013 to include Appeal #13-35348 (st). (Entered: 04/22/2013)
632013-04-23 USCA Case Number 13-35348 for 62 Notice of Appeal, filed by Robert C Tonsmeire. (st) (Entered: 04/24/2013)
642013-04-23 TIME SCHEDULE ORDER as to 62 Notice of Appeal, filed by Robert C Tonsmeire. (Notice sent by e-mail to Court Reporter) (st) (Entered: 04/24/2013)
652013-05-30 ORDER of USCA as to 62 Notice of Appeal, filed by Robert C Tonsmeire. This appeal is remanded to the district court for the limited purpose of allowing that court to rule on appellants 3/14/2013 61 Motion for Extension of time to file the Appeal with the Ninth Circuit Court of Appeals. (cjm) (Entered: 05/31/2013)
662013-06-12 DOCKET ENTRY ORDER denying 61 Motion for Extension of Time: The Court has reviewed Plaintiff's request for additional time in which to file his appeal. In the Court's view, no good cause was argued or shown in favor of granting the extension. Accordingly, Plaintiff's Motion is DENIED.. Signed by Judge Larry M. Boyle. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bk)
672013-08-27 ORDER of USCA as to 62 Notice of Appeal, filed by Robert C Tonsmeire. Accordingly, this appeal shall proceed. Within 21 days after the filing date of this order, appellant shall show cause why summary affirmance of the district court's judgment is not appropriate. If appellant does not comply with this order, this appeal will be automatically dismissed by the Clerk for failure to prosecute. (st)