Kohler v. Keller

DA 12-0600 ·Direct Appeal ·Civil ·Closed
Docket DA 12-0600
Type Direct Appeal — Damages
Classification Civil
Outcome Affirmed
Lower court case DV 09-1
Lower court judge Hon. Jeffrey H. Langton

Key dates

Closed Jan 28, 2016
Classified Jul 22, 2015
Appeal filed Oct 9, 2012
Record filed Nov 15, 2012
Oral argument Sep 11, 2015
Briefing ended Apr 23, 2013
Opinion issued Jan 12, 2016
Briefing started Nov 15, 2012
Sent to the court Apr 23, 2013
Submitted for decision Sep 11, 2015
Appellant Reply Brief Filed Apr 23, 2013
Appellant Opening Brief Filed Feb 4, 2013
Appellee Response Brief Filed Apr 5, 2013

Calculated

from the docket dates
Appeal filed to briefing start 37
Briefing days 159
Briefing start to opening brief filed 81
Classified to Opinion 173
Close of briefing to sent to court 0
Filing date to Opinion 1,190
Filing date to closed 1,206
Opening to response 60
Opinion to closed 15
Oral argument to Opinion 123
Response to reply 17
Sent to court to classified 820
Sent to court to oral argument 870
Submitted for decision to Opinion 994

Tags

Affirmed Amicus requested Closed Final Order Issued Non-cite opinion Oral Argument Subject to Mediation

Parties

Appellee
Thomas F. Jones
Represented by Timothy M. Bechtold
Appellee
Barbara J. Kohler
Represented by Timothy M. Bechtold
Appellee
Debra L. Sykes
Represented by Trent N. Baker
Appellee
Dennis A. Arnold
Represented by Timothy M. Bechtold
Appellee
Geraldine N. Arnold
Represented by Timothy M. Bechtold
Appellee
Rita A. Jones
Represented by Timothy M. Bechtold
Appellee
Ronald L. Kohler
Represented by Timothy M. Bechtold
Appellant
Westchester Surplus Lines Insurance Company
Represented by Robert J. Slavik
Appellant
Carolina Casualty Insurance Company
Represented by Lon J. Dale

Opinion

Kohler v. Keller, 2016 MT 11N

Affirmed on January 12, 2016, in a 7 to 0 non-cite opinion.

Events

most recent first
Fees - Postage Reimbursement Received Feb 4, 2016 9:52 AM Fees
Notice - Outgoing - Postage Reimbursement Due for Return of District Court Record Feb 1, 2016 3:08 PM Notice - Outgoing
Event - Case Closed Jan 28, 2016 8:41 AM Closing Notice
Record - DC Record Returned to District Court Jan 28, 2016 8:37 AM Record
Notice - Outgoing - Remittitur Issued Jan 28, 2016 8:24 AM Closing Notice
Notice - Outgoing - CORRECTED OPINION Jan 27, 2016 10:46 AM Notice - Outgoing
Opinion - Noncite/Memorandum - Justice Rice - Affirmed Jan 12, 2016 3:59 PM Opinion
Event - Oral Argument Presented. The Court convened at 10:04 a.m.. Justice Cotter was not present but will participate by review of the recordings of the argument. Jonathan D. Hacker argued for the Appellant and Roger Sullivan argued for the Appellee. Taken under advisement at 11:14 a.m Sep 11, 2015 10:35 AM Event
Notice - Outgoing - Oral Argument Scheduled Jul 29, 2015 4:26 PM Notice - Outgoing
Order - Classified - Oral Argument - Friday, September 11, 2015, at 10:00 a.m., Holiday Inn Missoula Downtown, Missoula, Montana. Introduction at 9:30 a.m. (for purpose of oral argument this case is combined with DA 14-0278) Jul 22, 2015 4:47 PM Classifying Notice
Notice - Incoming - Supplemental Authority - copies to Court Apr 16, 2015 2:00 PM Notice - Incoming
Notice - Incoming - Change of Address (Robert Slavik) Feb 25, 2015 1:54 PM Notice - Incoming
Notice - Incoming - Change of Address and Firm Name for Jenny Jourdonnais and Charles Hansberry Jan 8, 2015 1:52 PM Notice - Incoming
Appellant's Status Report. (copies to Court) Apr 21, 2014 4:07 PM Other
Order - Appellant shall prepare a status report within 30 days of the date of this order Mar 19, 2014 4:24 PM Order - Other
Order - appeal is STAYED pending outcome of DV-10-1133 in Missoula County District Court; parties shall notify this Court within 20 days of final decision in that matter Aug 6, 2013 9:36 AM Order - Other
Joint Status Report - copies to Court Jun 27, 2013 10:44 AM Other
Correspondence - Incoming-Other - Request by e-mail from Milodragovich Dale Steinbrenner to removed counsel for Carolina Casualty from distribution list as the company has been dismissed from this action Jun 12, 2013 11:36 AM Correspondence
Order - requiring parties to present a joint report within twenty (20) days regarding status of Missoula County District Court Cause No. DV-10-1133 Jun 11, 2013 10:40 AM Order - Other
Order - the motion to strike is DENIED May 15, 2013 3:12 PM Order - Other
Event - Sent to Court-Pleading May 2, 2013 11:15 AM Event
Appellees' Response to Appellants' Motion to Strike May 2, 2013 11:01 AM Other
Order - Carolina Casualty Insurance Company is removed from the case caption Apr 24, 2013 3:00 PM Order - Other
Motion - Opposed - Strike parts of appendices to Appellees brief - held for response Apr 24, 2013 11:50 AM Motion
Motion - Unopposed - to Amend Caption to remove Carolina Casualty - sent to court w/SC file Apr 24, 2013 11:33 AM Motion
Event - Case Sent to Court Apr 23, 2013 3:19 PM Classifying Notice
Brief - Appellant Reply Apr 23, 2013 3:17 PM Appellant Reply Brief
Extension - Grant of Extension to April 23, 2013, to file Appellant's Reply brief Apr 18, 2013 4:43 PM Extension
Addendum to Motion for Extension of Time - Appellant's Reply Brief Apr 18, 2013 4:26 PM Addendum
Motion - Extension of Time - Appellant's Reply Brief Apr 18, 2013 3:37 PM Motion
Brief - Appellee Apr 5, 2013 3:53 PM Appellee Response Brief
Brief - Amicus (MTLA) Mar 27, 2013 11:43 AM Amicus Brief
Order - Amicus-Grant Participation (MTLA) Mar 27, 2013 11:34 AM Order - Other
Response/Objection - Motion-Amicus - Leave to Participate. Copies to Court Mar 20, 2013 11:33 AM Response
Event - Sent to Court-Pleading - MTLA's motion to file amicus brief Mar 19, 2013 2:09 PM Event
Motion - Amicus - Leave to Participate (MTLA). Holding for response Mar 8, 2013 1:46 PM Motion
Extension - Grant of Extension until 4/5/2013 to file Appellee's Brief Feb 25, 2013 1:52 PM Extension
Motion - Extension of Time - APPELLEE'S Brief Feb 25, 2013 11:49 AM Motion
Order - Dismiss - Partial (Carolina Casualty's appeal ) This dismissal does not affect or dismiss the appeal of Westchester Surplus Lines Insurance Company Feb 5, 2013 10:06 AM Final Order
Motion - Unopposed - Dismiss - Partial (Carolina Casualty's Appeal). copy to Court Feb 4, 2013 3:32 PM Motion
Brief - Appellant (Westchester Surplus Lines) w/ separate Appendix Feb 4, 2013 3:05 PM Appellant Opening Brief
Order - the petition of JONATHAN D. HACKER to appear pro hac vice is GRANTED Feb 1, 2013 4:48 PM Order - Other
Motion - Unopposed - Pro Hac Vice - State Bar Certification and Application - copy to Court Feb 1, 2013 10:53 AM Motion
Mediation - Mediator's Report - Case NOT SETTLED as to Westchester but SETTLED as to Carolina Casualty Jan 31, 2013 10:12 AM Mediation
Order - Grant - Extension of Time - Appellant Westchester Surplus is granted until 2/4/13 to file it's opening brief Jan 10, 2013 10:56 AM Order - Extension
Motion - Unopposed - Second Extension of Time and Supporting Affidavit - Appellant Westchester Surplus Brief - sent to court w/SC file Jan 9, 2013 4:58 PM Motion
Order - Grant - Extension of Time - Appellant Carolina Casualty is granted until 2/4/13 to file the opening brief Jan 7, 2013 1:46 PM Order - Extension
Motion - Unopposed - Second Extension of Time - Appellant Carolina Casualty's Brief - sent to court w/SC file Jan 4, 2013 9:27 AM Motion
Notice - Incoming - Appearance (Ian McIntosh and Danielle Coffman for Carolina Casualty) Jan 3, 2013 4:30 PM Notice - Incoming
Extension - Grant of Extension to January 16, 2013 to file Appellant Westchester Surplus' Brief Dec 17, 2012 2:32 PM Extension
Extension - Grant of Extension to January 14, 2013 to file Appellant Carolina Casualty's Brief Dec 17, 2012 2:29 PM Extension
Motion - Unopposed - Extension of Time - Appellant Westchester Surplus' Opening Brief Dec 14, 2012 10:50 AM Motion
Motion - Unopposed - Extension of Time - Appellant Carolina Casualty's Opening Brief Dec 14, 2012 10:39 AM Motion
Notice - Outgoing - District Court Record Filed Nov 15, 2012 12:43 PM Record
Record - DC Record DV 09-1 consisting of (18) manila file folders Filed Nov 15, 2012 12:41 PM Record
Mediation - Selection of Mediator (Jim Regnier) Nov 1, 2012 3:18 PM Mediation
Notice - Outgoing - Appeal Notice Oct 9, 2012 1:56 PM Notice - Outgoing
Notice - Incoming - Amended Notice of Appeal Filed (Westchester Surplus) Oct 9, 2012 1:43 PM Notice - Incoming
Mediation - Case Subject to Mediation Oct 9, 2012 1:42 PM Mediation
Fees - Appearance Fee Received Oct 9, 2012 1:40 PM Fees
Fees - Appearance Fee Received Oct 9, 2012 1:39 PM Fees
Notice - Incoming - Notice of Appeal Filed (Westchester Surplus) Oct 9, 2012 1:37 PM Notice - Incoming
Notice - Incoming - Notice of Appeal Filed (Carolina Casualty) Oct 9, 2012 1:36 PM Notice - Incoming