United States District Court, D. Idaho
JOHN F. THORNTON, Plaintiff/Counterdefendant,
MARY E. PANDREA, a single woman Individually and as Trustee of the Kari A. Clark and Mary E. Pandrea Revocable Trust u/a April 9, 2002; Defendant, and KENNETH J. BARRETT and DEANNA L. BARRETT, husband and wife, Defendants/Counterclaimants.
MEMORANDUM DECISION AND ORDER
C. NYE U.S. DISTRICT COURT JUDGE.
before the Court is Plaintiff/Counterdefendant John F.
Thornton's Motion to Quash (Dkt. 5) as well as Defendants
Kenneth J. Barrett and Deanna L. Barrett's (“the
Barretts”) Motion to Dismiss and Remand to State Court
(Dkt. 7). Having reviewed the record, the Court finds that
the facts and legal arguments are adequately presented in the
briefs. Accordingly, in the interest of avoiding further
delay, and because the Court finds that the decisional
process would not be significantly aided by oral argument,
the Court decides the Motion on the record without oral
argument. Dist. Idaho Loc. Civ. R. 7.1(d)(2)(ii). For the
reasons set forth below, the Court DENIES Thornton's
Motion to Quash and GRANTS the Barretts' Motion to
Dismiss and Remand to State Court.
August 14, 2013, Thornton filed his Complaint against Mary E.
Pandrea and Kari A. Clark in the State of Idaho, First
Judicial District, Bonner County. Thornton's claims were
for quiet title of an easement and a parcel of property owned
by the Defendants referred to as the “Well
September 3, 2013, Pandrea filed her Answer. On December 9,
2013, Clark filed her Answer, Affirmative Defenses,
Counterclaims, and Demand for Jury Trial. Clark's
counterclaims were for injunctive relief for interference
with her easement rights and for quiet title.
November 7, 2013, Pandrea filed a Motion to Dismiss. Thornton
opposed Pandrea's Motion. On January 6, 2014, the Court
held a hearing on Pandrea's Motion, which the court
treated as a motion for summary judgment. On January 14,
2014, the State Court issued its Order granting in part and
denying in part Pandrea's Motion to Dismiss. As part of
this decision, the State Court determined Thornton had not
adversely possessed the Well Piece.
January 30, 2014, Clark filed a Motion for Summary Judgment
on Thornton's claims and a Motion for Partial Summary
Judgment on her counterclaims. On April 9, 2014, the State
Court entered its Order Granting Clark's Motion for
Summary Judgment as to Claims of Plaintiff Thornton, and as
to Clark's Counterclaims against Thornton. On April 18,
2014, Thornton and Clark stipulated to dismiss Clark's
remaining claim for damages against Thornton. The State Court
entered Judgment on these claims on April 30, 2014.
and Pandrea stipulated to dismiss Thornton's claims
against Pandrea and the Court granted an order of dismissal
on May 21, 2014.
30, 2014, the State Court awarded costs and attorney fees to
Clark, and awarded Rule 11 sanctions against Thornton and his
attorney/wife, Val Thornton. The Court's Amended Judgment
awarded Clark $41, 530.17 jointly and severally against John
and Val Thornton. The Amended Judgment was recorded with the
Bonner County Recorder on June 30, 2014.
30, 2014, Plaintiff filed his Notice of Appeal with the Idaho
Supreme Court. Plaintiff's attorney/wife, Val Thornton,
filed a joinder in the appeal in order to appeal the award of
sanctions against her.
August 4, 2014, the State Court entered an order wherein it
substituted Barretts in the stead of Clark.
Idaho Supreme Court heard the Thorntons' appeal on August
31, 2016. On September 14, 2016, the Idaho Supreme Court
issued its Opinion wherein it upheld the decisions of the
State District Court, including the imposition of the Rule 11
sanctions against both the Thorntons in the amount of $41,
530.17. The Idaho Supreme Court additionally awarded attorney
fees in the amount of $13, 386.76 to the Barretts under Idaho
Code § 12-121 for having to defend against the
Thorntons' frivolous appeal.
obtaining their judgment against the Thorntons, the Barretts
have made several attempts to execute on it, and it has been
partially satisfied through these efforts. After a
sheriff's sale was held on April 26, 2016, wherein the
Barretts acquired the Well Piece (which the Thorntons
acquired from Pandrea on October 23, 2014), the ...