The Trial Lawyers College v. Gerry Spences Trial Lawyers College at Thunderhead Ranch et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF WYOMING
__________________________________
THE TRIAL LAWYERS COLLEGE, a
nonprofit corporation,
Plaintiff and Counterclaim Defendant,
vs.
GERRY SPENCES TRIAL LAWYERS
COLLEGE AT THUNDERHEAD RANCH, a
nonprofit corporation, and GERALD L.
SPENCE, JOHN ZELBST, REX PARRIS,
JOSEPH H. LOW, KENT SPENCE, and
DANIEL AMBROSE, individuals, and
GERRY SPENCE METHOD AT
THUNDERHEAD RANCH, INC., a nonprofit
corporation,
Defendants,
and JOHN JOYCE,
Defendant, Counterclaim Plaintiff, and
Third-Party Plaintiff,
vs.
F WARRIORS,
Third-Party Defendant.
Case Number: 1:20-CV-00080-JMC-GJF
.
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ORDER AFFIRMING AND ADOPTING THE MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATION ON DEFENDANTS’ MOTION FOR CONTEMPT AND
PLAINTIFF’S MOTION TO ENFORCE SETTLEMENT AGREEMENT
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THIS MATTER is before the Court on United States Magistrate Judge Gregory J. Fouratt’s
Report and Recommendation (“R&R”) (Doc. 628), which recommended that the Court (1) grant
Defendants’ Motion for Contempt (Doc. 596) to the extent that it requests (i) a finding that the
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Trial Lawyer’s College (“TLC”) has violated the parties’ Consent Permanent Injunction and (ii)
an order that TLC sanitize its Facebook page and Twitter/X account of material barred by the
Injunction; (2) deny the Motion for Contempt (Doc. 596) to the extent that it requests the award
of compensatory damages; (3) grant TLC’s Motion to Enforce Settlement Agreement (Doc. 603)
to the extent that it requests (i) a finding that Defendants have violated the parties’ Settlement
Agreement by not timely returning to TLC certain items of personal property referenced in the
Agreement and (ii) an order compelling Defendants to return to TLC the property in question; and
(4) deny the parties’ competing requests for attorney’s fees.
The R&R notified the parties of their ability to file objections within fourteen days. See
Doc. 628 at 27. This fourteen-day deadline has now expired without either party filing objections.
The Tenth Circuit has held that a party must timely object to a magistrate judge’s report
and recommendation to preserve an issue for de novo review by the district court or an appellate
court. See United States v. One Parcel of Real Prop., 73 F.3d 1057, 1060 (10th Cir. 1996). The
failure to timely object waives appellate review of both factual and legal questions. In re Key
Energy Res. Inc., 230 F.3d 1197, 1199–1200 (10th Cir. 2000) (citation omitted); One Parcel of
Real Prop., 73 F.3d at 1059 (citations omitted). Thus, neither side preserved any issues with the
R&R for this Court to review. Moreover, having reviewed the R&R, the Court concurs with its
findings, analysis, and conclusions.
IT 	IS 	THEREFORE 	ORDERED 	that 	Magistrate 	Judge 	Fouratt’s 	Report 	and
Recommendation (Doc. 628) is AFFIRMED and ADOPTED.
IT IS FURTHER ORDERED that Defendants’ Motion for Contempt (Doc. 596) is
GRANTED IN PART and DENIED IN PART as follows:
(1) 	The Motion for Contempt is GRANTED to the extent that the Court FINDS that TLC
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has violated the parties’ Consent Permanent Injunction and ORDERS that, within 60
days of entry of this Order, TLC sanitize its Facebook page and Twitter/X account of
content barred by the Injunction, including but not limited to the 36 categories of
content Defendants identified in the joint submission to the Court in advance of the
evidentiary hearing (Doc. 616 at 35–38 ¶¶ 36–39), and file a notice of compliance
when this has been accomplished.
(2) 	The Motion for Contempt is DENIED to the extent that it requests the award of
compensatory damages and attorney fees.
(3) 	Any other relief requested by the Motion for Contempt is DENIED.
IT IS FURTHER ORDERED that TLC’s Motion to Enforce Settlement Agreement (Doc.
603) is GRANTED IN PART and DENIED IN PART as follows:
(1) 	The Motion to Enforce is GRANTED to the extent that the Court FINDS that
Defendants have violated the parties’ Settlement Agreement by not timely returning
to TLC the personal property referenced in ¶ 8 of the Agreement and ORDERS
Defendants, within 60 days of entry of this Order, to ship – en masse – all property in
their possession identified in ¶ 8 of the Settlement Agreement to TLC President Maren
Chaloupka at 1906 Broadway, Scottsbluff, NE 69363, with the parties to share equally
the cost of the shipment, and Defendants to thereafter file a notice of compliance that
the transfer has been effectuated.1
(2) 	The Motion to Enforce is DENIED to the extent that it requests the award of attorney
1 Among the property to be returned are “TLC signage,” “TLC signs,” and the “Don Clarkson barn sign.” Sett. Agrmt.
¶ 8. 	This category of property includes, but is not necessarily limited to, the four signs at issue in the Preliminary
Injunction issued in June 2020. See ECF 46 at 15-16. Specifically excluded from the property transfer obligation are
any plaques bearing the names of Defendants or their family members. Should the parties agree to different
arrangements of transferring all property contemplated in ¶ 8, they shall file a joint notice to that effect, complete the
transfer within 60 days of entry of this Order, and file a notice of compliance that the transfer has been effectuated.
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fees.
(3) 	Any other relief requested by the Motion to Enforce is DENIED.
IT IS SO ORDERED.
/s/ Joel M. Carson III________________
Joel M. Carson III
United States Circuit Judge
Sitting by Designation
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