BNSF Railway Co. v. State, ex rel., Dept. of Environmental Quality, Et Al

DA 09-0028 ·Direct Appeal ·Civil ·Closed
Docket DA 09-0028
Type Direct Appeal — Judicial Review
Classification Civil
Outcome Opinion issued dismissing the appeal
Lower court case ADV 08-1146
Lower court judge Hon. Katherine R. Curtis

Key dates

Closed Mar 30, 2010
Classified Feb 4, 2010
Appeal filed Jan 15, 2009
Record filed Mar 31, 2009
Briefing ended Dec 24, 2009
Opinion issued Mar 10, 2010
Briefing started Mar 31, 2009
Sent to the court Jul 29, 2009
Submitted for decision Jul 29, 2009
Appellant Reply Brief Filed Dec 24, 2009
Appellant Opening Brief Filed Jun 3, 2009
Appellee Response Brief Filed Dec 14, 2009

Calculated

from the docket dates
Appeal filed to briefing start 75
Briefing days 268
Briefing start to opening brief filed 64
Classified to Opinion 34
Close of briefing to sent to court 148
Filing date to Opinion 419
Filing date to closed 439
Opening to response 194
Opinion to closed 19
Response to reply 9
Sent to court to classified 189
Submitted for decision to Opinion 224

Tags

Closed En Banc Opinion issued dismissing the appeal Published opinion

Parties

Appellant
BNSF Railway Company
Represented by Paul J. Lawrence
Appellee
Department of Environmental Quality
Represented by Cynthia D. Brooks
Appellee
Richard Opper
Represented by Richard Allan Payne

Opinion

BNSF Railway Co. v. State, ex rel., Dept. of Environmental Quality, Et Al, 2010 MT 46

Opinion issued dismissing the appeal on March 10, 2010, in a 5 to 2 published opinion.

Events

most recent first
Event - Case Closed Mar 30, 2010 11:20 AM Closing Notice
Record - DC Record Returned to District Court Mar 30, 2010 11:20 AM Record
Notice - Outgoing - Remittitur Issued Mar 30, 2010 11:16 AM Closing Notice
Opinion - Published - Leaphart, appeal is dismissed Mar 10, 2010 11:33 AM Opinion
Record - DC Returned from Remand. ( 1 file folder; 1 env. within) Feb 10, 2010 10:04 AM Record
Order - Classified - En Banc Feb 4, 2010 8:42 AM Classifying Notice
Event - Sent to Court-Pleadings (Supplemental Briefing) Dec 28, 2009 11:49 AM Event
Brief - Appellant's Supplemental Reply Brief Dec 24, 2009 11:45 AM Appellant Reply Brief
Brief - Supplemental (Appellees) Dec 14, 2009 4:44 PM Appellee Response Brief
Brief - Appellant's Supplemental Opening Brief Nov 24, 2009 11:19 AM Appellant Reply Brief
Order - the NOA filed 10/29/09 is void. BNSF shall file a supplemental opening brief within 20 days not to exceed 10 pages. Defendants shall have 20 days thereafter to file a supplemental brief of 10 pages and BNSF shall then have 10 days for a reply not to exceed 5 pages Nov 4, 2009 4:28 PM Order - Other
Notice - Incoming - Notice of Appeal Filed (to include order on remand in this appeal) ***VOID PURSUANT TO 11/4/09 COURT ORDER*** Oct 29, 2009 2:58 PM Notice - Incoming
Fees - Appearance Fee Received Oct 26, 2009 11:30 AM Fees
Notice - Incoming - of Filing (copy) of Dist. Court's Order. copies to Court Oct 23, 2009 1:38 PM Notice - Incoming
Record - DC sent to Flathead County District Court on Remand Sep 16, 2009 4:22 PM Record
Order - matter is remanded to the District Court for the issuance of an order setting forth the rationale upon which the court relied in granting the change of venue Sep 16, 2009 4:09 PM Order - Other
Event - Case Sent to Court Jul 29, 2009 9:18 AM Classifying Notice
Brief - Appellant Reply Jul 27, 2009 4:37 PM Appellant Reply Brief
Order - Grant - Extension of Time - Appellant is granted until 7/27/09 to file the reply brief Jul 10, 2009 3:33 PM Order - Extension
Motion - Unopposed - Extension of Time - Brief (Appellant's Reply) sent to Court Jul 9, 2009 2:34 PM Motion
Brief - Appellee Jun 29, 2009 3:41 PM Appellee Response Brief
Brief - Appellant Jun 3, 2009 10:42 AM Appellant Opening Brief
Order - Grant - Extension of Time - Appellant is granted until 5/29/09 to file it's opening brief Apr 23, 2009 10:32 AM Order - Extension
Motion - Unopposed - Extension of Time - Brief (Appellant) sent to Court Apr 22, 2009 8:41 AM Motion
Notice - Outgoing - District Court Record Filed Mar 31, 2009 10:10 AM Record
Record - DC Record Filed (1 folder) Mar 30, 2009 10:09 AM Record
Selection of electronic notification (Lawrence) - Feb 9, 2009 4:19 PM Other
Selection of electronic notification - Payne Feb 2, 2009 3:52 PM Other
Notice - Outgoing - Appeal Notice Jan 20, 2009 2:56 PM Notice - Outgoing
Fees - Appearance Fee Received Jan 15, 2009 4:43 PM Fees
Notice - Incoming - Notice of Appeal Filed Jan 15, 2009 4:42 PM Notice - Incoming