Mark Spotted Horse v. BNSF Railway

DA 14-0257 ·Direct Appeal ·Civil ·Closed
Docket DA 14-0257
Type Direct Appeal — Negligence
Classification Civil
Outcome Reversed
Lower court case BDV 10-421
Lower court judge Hon. Julie Macek

Key dates

Closed Jun 16, 2015
Classified Jan 14, 2015
Appeal filed May 5, 2014
Record filed Jun 11, 2014
Briefing ended Nov 6, 2014
Opinion issued May 29, 2015
Briefing started Jun 11, 2014
Sent to the court Nov 6, 2014
Submitted for decision Nov 6, 2014
Appellant Reply Brief Filed Nov 6, 2014
Appellant Opening Brief Filed Aug 22, 2014
Appellee Response Brief Filed Oct 24, 2014

Calculated

from the docket dates
Appeal filed to briefing start 37
Briefing days 148
Briefing start to opening brief filed 72
Classified to Opinion 134
Close of briefing to sent to court 0
Filing date to Opinion 389
Filing date to closed 407
Opening to response 62
Opinion to closed 18
Response to reply 13
Sent to court to classified 68
Submitted for decision to Opinion 203

Tags

Closed En Banc Published opinion Reversed Subject to Mediation

Parties

Appellee
BNSF Railway Company
Represented by Scott M. Stearns
Appellant
Mark Spotted Horse
Represented by Kimberly Lewis Towe

Opinion

Mark Spotted Horse v. BNSF Railway, 2015 MT 148

Reversed on May 29, 2015, in a 5 to 1 with 1 concurring published opinion.

Events

most recent first
Fees - Postage Reimbursement Received Jun 29, 2015 11:42 AM Fees
Record - DC Record Return Card Filed Jun 19, 2015 10:16 AM Record
Notice - Outgoing - Postage Reimbursement Due for Return of District Court Record Jun 17, 2015 3:48 PM Notice - Outgoing
Record - DC Record Returned to District Court Jun 16, 2015 10:57 AM Record
Event - Case Closed Jun 16, 2015 10:56 AM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Jun 16, 2015 10:52 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Jun 16, 2015 10:46 AM Closing Notice
Opinion - Published - (reversed and remanded; Justice Cotter) May 29, 2015 10:52 AM Opinion
Record - Per request of the court, DC Record/Exhibits consisting of (2) 3-ring binders and (1) sealed manila envelope labeled Appellant Exhibits Filed Apr 23, 2015 12:23 PM Record
Order - Classified - En Banc Jan 14, 2015 12:03 PM Classifying Notice
Event - Case Sent to Court Nov 6, 2014 4:17 PM Classifying Notice
Brief - Appellant Reply Nov 6, 2014 4:09 PM Appellant Reply Brief
Brief - Appellee Oct 24, 2014 8:21 AM Appellee Response Brief
Extension - Grant of Extension until 10/24/2014 to file Appellee's Brief Sep 15, 2014 4:08 PM Extension
Motion - Extension of Time - Appellee's Brief Sep 15, 2014 3:42 PM Motion
Brief - Appellant Aug 22, 2014 3:51 PM Appellant Opening Brief
Extension - Grant of Extension - Appellant is given until 8/25/14 to file the opening brief Jul 18, 2014 1:23 PM Extension
Motion - Unopposed - Extension of Time - Brief - Appellant Jul 18, 2014 10:55 AM Motion
Mediation - Mediator's Report - Case Not Settled Jul 17, 2014 3:05 PM Mediation
Notice - Outgoing - Transcripts Filed Jun 24, 2014 10:27 AM Notice - Outgoing
Record - Transcripts Filed - (7 original condensed transcripts w/ DVD for 12/2-6/2013, 12/9-10/2013) Jun 17, 2014 10:13 AM Record
Notice - Outgoing - District Court Record Filed Jun 11, 2014 2:50 PM Record
Record - 21 manila file folders and 1 expandable folder with 6 depositions Jun 11, 2014 2:05 PM Record
Order - Deny Motion to Dismiss Jun 3, 2014 4:54 PM Order - Other
Response/Objection to Renewed Motion to Limit Appeal to the District Court's Denial of Appellant's Rule 60(b) Motion, and to Dismiss Appeal as to All Other Orders, Rulings and Judgments. Copies to Court May 28, 2014 10:48 AM Response
Mediation - Order Appointing Mediator - (D. Patrick McKittrick) May 28, 2014 10:30 AM Mediation
Event - Sent to Court-Pleading May 21, 2014 1:14 PM Event
Response/Objection to Appellee's Motion to Limit Appeal May 21, 2014 1:07 PM Response
Renewed Motion to Limit Appeal to the District Court's Denial of Appellant's Rule 60(b) Motion, and to Dismiss Appeal as to All Other Orders, Rulings and Judgments. held for objection May 16, 2014 4:16 PM Other
Notice - Incoming - Notice of Errata to Notice of Appeal with Amended Notice of Appeal Filed May 15, 2014 11:21 AM Notice - Incoming
Correspondence - Incoming-Notice of Change of Law Firm Name from Towe Law Offices to Towe & Fitzpatrick, PLLP. The firm's mailing address and phone numbers remain unchanged. (placed in file) May 15, 2014 11:15 AM Correspondence
Appellee's Motion - Opposed - Limit appeal to district court's denial of appellant's Rule 60(b) motion and to dismiss appeal as to all other orders, rulings and judgments. Holding for response May 13, 2014 12:16 PM Other
Notice - Outgoing - Appeal Notice May 5, 2014 2:50 PM Notice - Outgoing
Mediation - Case Subject to Mediation May 5, 2014 2:49 PM Mediation
Fees - Appearance Fee Received May 5, 2014 2:48 PM Fees
Notice - Incoming - Notice of Appeal Filed May 5, 2014 2:47 PM Notice - Incoming