GARRETT v. COOK

No. 10-2214.

652 F.3d 1249 (2011)

Scott GARRETT and Pamela Jane Garrett, Trustees of the Scott Garrett and Pamela Garrett Family Trust dated June 14, 1999; Scott Garrett, individually; Pamela Garrett, individually, Plaintiffs-Appellees, Wheeler Peak Consulting, Inc., Plaintiff, and Wells Fargo Bank New Mexico, N.A., successor to Wells Fargo Bank New Mexico; Wells Fargo & Company, a Delaware corporation; Garrett Capital, LLC, a New Mexico Limited Liability Company; Catherine F. Davis, individually; Kenneth A. Hunt, individually; Hunt & Davis, P.C., a New Mexico professional corporation; Defendants-Appellees, v. Daniel W. COOK, individually and as a member of the Board of Directors of Trenchless Infrastructure Technologies, Inc., Defendant-Appellant, and Trenchless Infrastructure Technologies Inc., f/k/a Hydroscope Group Inc., n/k/a Hydroscope Integrated Technologies, Inc., a Nevada Corporation; Yolanda T. Cook, individually; Dr. William F. Hartman, as a member of the Board of Directors of Trenchless Infrastructure Technologies, Inc.; Albert T. Ussery, as a member of the Board of Directors of Trenchless Infrastructure Technologies, Inc.; Michael T. Marchi, as a member of the Board of Directors of Trenchless Infrastructure Technologies, Inc.; Raymond E. Ziler, as a member of the board of directors of Trenchless Infrastructure Technologies, Inc.; Charles Ewing, as an agent for Wells Fargo Bank, N.A.; and CBM Group, Inc., Defendants.

United States Court of Appeals, Tenth Circuit.

July 14, 2011.


Attorney(s) appearing for the Case

Submitted on the briefs:*

Daniel W. Cook, Pro Se.

Jay D. Hertz,   Michelle K. Ostrye, Sutin, Thayer & Browne, a Professional Corporation, Albuquerque, NM, for Defendant-Appellee Wells Fargo Bank, N.A., Successor to Wells Fargo Bank New Mexico, N.A.

Julie J. Vargas,   Catherine F. Davis, Hunt & Davis, P.C., Albuquerque, NM, for Plaintiffs-Appellees Scott Garrett and Pamela Jane Garrett and Defendants-Appellees Garrett Capital, LLC, Catherine F. Davis,   Kenneth A. Hunt, and Hunt & Davis, P.C.

Before MATHESON, McKAY, and EBEL Circuit Judges.


McKAY, Circuit Judge.

Daniel W. Cook appeals from an order of the district court awarding fees and costs to his opponents Wells Fargo Bank and Wells Fargo & Co. (Wells Fargo) and Scott Garrett and Pamela Jane Garrett, Trustees of the Scott Garrett and Pamela Garrett Family Trust dated June 14, 1999; Scott Garrett and Pamela Jane Garrett, individually; and Garrett Capital, LLC (Garrett Group). The district court determined that Cook lacked any objectively reasonable...

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