Planned Parenthood v. State

DA 21-0521 ·Direct Appeal ·Civil ·Closed
Docket DA 21-0521
Type Direct Appeal — Injunction
Classification Civil
Outcome Affirmed
Lower court case DV 21-00999
Lower court judge Hon. Michael G. Moses

Key dates

Closed Aug 25, 2022
Classified May 11, 2022
Appeal filed Oct 19, 2021
Record filed Nov 29, 2021
Briefing ended Apr 15, 2022
Opinion issued Aug 15, 2022
Briefing started Nov 29, 2021
Transcript filed Nov 1, 2021
Sent to the court Apr 19, 2022
Submitted for decision Apr 19, 2022
Appellant Reply Brief Filed Apr 15, 2022
Appellant Opening Brief Filed Jan 21, 2022
Appellee Response Brief Filed Mar 24, 2022

Calculated

from the docket dates
Appeal filed to briefing start 41
Briefing days 137
Briefing start to opening brief filed 52
Classified to Opinion 95
Close of briefing to sent to court 3
Filing date to Opinion 300
Filing date to closed 310
Opening to response 62
Opinion to closed 10
Response to reply 22
Sent to court to classified 21
Submitted for decision to Opinion 117

Tags

Affirmed Amended/corrected opinion Amicus requested Closed Five Justice Panel Opinion synopsis issued Published opinion

Parties

Appellant
State of Montana
Represented by Kathleen Smithgall Lane
Appellee
Planned Parenthood of Montana
Represented by Raphael Jeffrey Carlisle Graybill
Appellee
Joey Banks, M.D.
Represented by Raphael Jeffrey Carlisle Graybill

Opinion

Planned Parenthood v. State, 2022 MT 157

Opinion issued in a DA case, outcome unknown on August 15, 2022, in a 5 to 0 published opinion.

Events

most recent first
Notice - Incoming - Attorney Withdrawal - David M.S. Dewhirst for Appellant State of Montana Nov 4, 2022 11:59 AM Notice - Incoming
Event - Case Closed (District Court Record submitted electronically) Aug 25, 2022 9:06 AM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Aug 25, 2022 9:04 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Aug 25, 2022 8:43 AM Closing Notice
Notice of filing of Corrected Opinion Aug 15, 2022 8:01 AM Opinion
Order - Governor's motion for leave to file an amicus is DENIED and State's motion for supplemental briefing is DENIED Aug 9, 2022 3:11 PM Order - Other
Opinion - Synopsis of Opinion Aug 9, 2022 3:03 PM Synopsis
Opinion - Published - Justice Baker - Affirmed Aug 9, 2022 3:01 PM Superseded opinion
Event - Sent to Court-Pleading - (Motion for Supplemental Briefing and Response) Aug 8, 2022 4:10 PM Event
Response to Motion to file Supplemental Briefing Aug 8, 2022 3:55 PM Response
Motion - Opposed - for Supplemental Briefing - held for response Aug 2, 2022 4:17 PM Motion
Affidavit of Support of Anita Milanovich's Motion for Supplemental Briefing and Leave to Participate as Amicus Aug 2, 2022 2:11 PM Other
Event - Sent to Court-Motion and Supporting Affidavit for Leave to file Amicus (Governor Gianforte) Aug 2, 2022 10:39 AM Event
Motion - Opposed - Amicus - Leave to Participate - Governor Gianforte Aug 2, 2022 10:15 AM Motion
Notice - Incoming - Attorney Substitution/Withdrawal - Pat Risken is withdrawn as counsel Jul 18, 2022 3:34 PM Notice - Incoming
Event - Sent to Court-Pleading Jun 28, 2022 7:39 AM Event
Notice - Incoming -Appellant's Supplemental Authority Jun 27, 2022 5:42 PM Notice - Incoming
Order - Classified - Five Justice Panel May 11, 2022 11:28 AM Classifying Notice
Event - Case Sent to Court Apr 19, 2022 1:33 PM Classifying Notice
Notice - Outgoing - Appellant's Reply Brief Filed Apr 19, 2022 1:24 PM Notice - Outgoing
Brief - Appellant Reply Apr 15, 2022 5:29 PM Appellant Reply Brief
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including April 15, 2022, within which to prepare, serve, and file its reply brief Mar 29, 2022 1:06 PM Order - Extension
Motion - Unopposed - Extension of Time - Appellant's Reply Brief Mar 29, 2022 9:50 AM Motion
Notice - Outgoing - Brief Filed - American College Mar 28, 2022 2:32 PM Notice - Outgoing
Brief - Amicus (American College of Obstetricians and Gynecologists, et al.) Mar 28, 2022 11:45 AM Amicus Brief
Notice - Outgoing - Amicus (Montana Constitutional Convention Delegates) Brief Filed Mar 25, 2022 10:37 AM Notice - Outgoing
Brief - Amicus - Delegates Mar 24, 2022 5:06 PM Amicus Brief
Notice - Outgoing -Amicus (Center for Reproductive Rights, ACLU and National Women's Law Center) Brief Filed Mar 24, 2022 4:57 PM Notice - Outgoing
Brief - Amicus - Center for Reproductive Rights, ACLU and National Women's Law Center Mar 24, 2022 3:50 PM Amicus Brief
Notice - Outgoing - Amicus (Asian Pacific Institute, et al.) Brief Filed Mar 24, 2022 2:58 PM Notice - Outgoing
Notice - Outgoing - Order granting Amicus participation (sent to Attorney Gordon) Mar 24, 2022 2:55 PM Notice - Outgoing
Brief - Appellees' Response Mar 24, 2022 2:41 PM Appellee Response Brief
Order - Amicus-Grant Participation ( Asian Pacific Institute on Gender-Based Violence, et al) Mar 24, 2022 2:11 PM Order - Other
Motion - Amicus - Leave to Participate (Asian Pacific Institute, et al.) Mar 24, 2022 1:41 PM Motion
Brief - Amicus (Asian Pacific Institute, et al.) Mar 24, 2022 12:31 PM Amicus Brief
Order - Pro Hac Vice - Allow Participation - the application of ALEXANDER WILSON is GRANTED Mar 23, 2022 3:58 PM Order - Other
Order - Pro Hac Vice - Allow Participation - the application of AMY MYRICK is GRANTED Mar 23, 2022 3:57 PM Order - Other
Order - Pro Hac Vice - Allow Participation - the application of ASTRID ACKERMAN to appear pro hac vice is GRANTED Mar 23, 2022 3:56 PM Order - Other
Amicus-Grant Participation (American College of Obstetricians and Gynecologists et al) Mar 23, 2022 10:18 AM Other
Motion - Pro Hac Vice - State Bar Certification and Application (Astrid Ackerman). copy to Court Mar 23, 2022 10:03 AM Motion
Motion - Pro Hac Vice - State Bar Certification and Application (Amy Myrick). copy to Court Mar 23, 2022 10:01 AM Motion
Motion - Pro Hac Vice - State Bar Certification and Application (Alexander Wilson). copy to Court Mar 23, 2022 10:00 AM Motion
Motion - Unopposed - Pro Hac Vice - State Bar Certification and Application (Amy Myrick, Alexander Wilson and Astrid Ackerman) Mar 22, 2022 3:51 PM Motion
Motion - Unopposed - Amicus American College of Obstetricians and Gynecologists, et al.- Leave to Participate Mar 22, 2022 3:10 PM Motion
Order - the motion of Center for Reproductive Rights, ACLU and National Women's Law Center to appeal amicus is GRANTED, the brief shall be filed by 3/24/22 Mar 22, 2022 10:05 AM Order - Other
Motion - Unopposed - Amicus - Leave to Participate (National Women's Law Center, Center for Reproductive Rights and ACLU of Montana Foundation) Mar 22, 2022 9:11 AM Motion
Order - Amicus-Grant Participation - Delegates' Motion for leave to participate amicus curiae GRANTED. The brief to be filed by March 24, 2022 Mar 17, 2022 9:55 AM Order - Other
Motion - Amicus - Leave to Participate (Delegates) Mar 16, 2022 4:36 PM Motion
Extension - Grant of Extension - Appellees are given until March 24, 2022 to file the response brief Feb 10, 2022 3:45 PM Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) Feb 10, 2022 2:03 PM Motion
Notice - Outgoing - Appellant's Brief Filed Jan 21, 2022 10:26 AM Notice - Outgoing
Brief - Appellant's Opening Jan 20, 2022 6:12 PM Appellant Opening Brief
Order - Deficiencies-Brief - Appellant's Brief rejected to comply with Rules 11(6)(b)(iii) and 11-(6)(b)(v) - cover page Jan 20, 2022 2:21 PM Order - Deficiency
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including January 19, 2022, within which to prepare, serve, and file the State's Opening Brief Jan 3, 2022 3:38 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Defendant and Appellant, State of Montana, respectfully requests a 14- day extension of time until January 19, 2022, in which to prepare, serve, and file its opening brief Jan 3, 2022 12:28 PM Motion
Order - Appellant is granted an extension of time to and including January 5, 2022, within which to prepare, serve, and file the State's Opening Brief Dec 20, 2021 11:43 AM Order - Extension
Motion - Unopposed - Extension of Time - Appellant's Brief Dec 17, 2021 2:37 PM Motion
Notice - Outgoing - District Court Record Filed Nov 29, 2021 11:24 AM Record
Record - Yellowstone County District Court Record DV 21-999 consisting of electronically imaged documents numbered 1-62 with a case register Filed Nov 29, 2021 11:23 AM Record
Notice - Outgoing - Transcript Filed Nov 1, 2021 3:04 PM Transcript
Electronic Transcript Filed of September 23, 2021, Preliminary Injunction hearing Nov 1, 2021 12:45 PM Other
Amended Notice of Appeal Filed Oct 29, 2021 5:09 PM Other
Notice - Outgoing - Appeal Notice Oct 19, 2021 3:21 PM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Oct 19, 2021 3:15 PM Notice - Incoming