Diaz v. Bcbs

DA 09-0682 ·Direct Appeal ·Civil ·Closed
Docket DA 09-0682
Type Direct Appeal — Declaratory Judgment
Classification Civil
Outcome Affirmed in part, reversed in part
Lower court case BDV 08-956
Lower court judge Hon. Jeffrey M. Sherlock

Key dates

Closed Jan 6, 2012
Classified May 25, 2011
Appeal filed Dec 30, 2009
Record filed Mar 31, 2010
Oral argument Aug 12, 2011
Briefing ended May 20, 2011
Opinion issued Dec 21, 2011
Briefing started Mar 31, 2010
Sent to the court May 23, 2011
Submitted for decision Aug 12, 2011
Appellant Reply Brief Filed May 20, 2011
Appellant Opening Brief Filed Apr 13, 2010
Appellee Response Brief Filed May 6, 2011

Calculated

from the docket dates
Appeal filed to briefing start 91
Briefing days 415
Briefing start to opening brief filed 12
Classified to Opinion 209
Close of briefing to sent to court 3
Filing date to Opinion 721
Filing date to closed 737
Opening to response 388
Opinion to closed 16
Oral argument to Opinion 130
Response to reply 13
Sent to court to classified 2
Sent to court to oral argument 81
Submitted for decision to Opinion 212

Tags

Affirmed in part, reversed in part Closed Five Justice Panel Opinion synopsis issued Oral Argument Published opinion Subject to Mediation

Parties

Appellee
State of Montana
Represented by Steve Bullock
Appellee
Blue Cross and Blue Shield of Montana, Inc.
Represented by Stefan T. Wall
Appellant
Jeanette Diaz
Represented by Jory C. Ruggiero
Appellant
Leah Hoffmann-Bernhardt
Represented by Jory C. Ruggiero
Appellee
Montana Comprehensive Health Association
Represented by Jacqueline Terrell Lenmark
Appellee
New West Health Services
Represented by Leo Sean Ward
Appellant
Rachel Laudon
Represented by Jory C. Ruggiero

Opinion

Diaz v. Bcbs, 2011 MT 322

Affirmed in part, reversed in part on December 21, 2011, in a 5 to 1 with 1 concurring published opinion.

Events

most recent first
Record - DC Record Return Card Filed Jan 23, 2012 9:07 AM Record
Event - Case Closed Jan 6, 2012 4:16 PM Closing Notice
Record - DC Record Returned to District Court Jan 6, 2012 3:52 PM Record
Notice - Outgoing - Remittitur Issued Jan 6, 2012 3:50 PM Closing Notice
Opinion - Synopsis of Opinion Dec 21, 2011 3:07 PM Synopsis
Opinion - Published - Wheat, affirmed in part, reversed in part and remanded Dec 21, 2011 3:04 PM Opinion
Oral argument presented. James Hunt and Erik Thueson argued for the Appellants. Robert Lukes, Stefan Wall, and Dan Auerbach argued for the Appellees. Taken under advisement at 11:38 a.m Aug 12, 2011 3:24 PM Other
Record - DC Record returned from Remand. (2 accordian files-- 5 file folders; 1 envelope of exhibits; 1 lodged proposed findings; and 1 deposition with DVD, within) Aug 12, 2011 8:53 AM Record
Notice - Incoming - Supplemental Authority. copies to Court Aug 9, 2011 1:30 PM Notice - Incoming
Order - oral argument shall be limited to the issue of whether the "made whole" laws apply to the various types of third-party administrators at issue in this litigation May 26, 2011 4:10 PM Order - Other
Notice - Outgoing - Oral Argument Scheduled May 25, 2011 4:26 PM Notice - Outgoing
Order - Classified - Oral Argument - Friday, August 12, 2011, at 9:30 a.m May 25, 2011 4:23 PM Classifying Notice
Event - Case Sent to Court May 23, 2011 2:50 PM Classifying Notice
Brief - Appellant Reply May 20, 2011 2:48 PM Appellant Reply Brief
Brief - Appellee (State, with separate appendix) May 6, 2011 3:38 PM Appellee Response Brief
Brief - Appellee (BCBS, with Separate appendix) May 6, 2011 3:34 PM Appellee Response Brief
Brief - Appellee (New West Health Services) May 6, 2011 11:47 AM Appellee Response Brief
Brief - Appellant (Remand Issue) Apr 7, 2011 2:42 PM Appellant Reply Brief
Order - Granting Appellant's motion to provide the Court with briefing that responds to the District Court's order on remand. Appellants have 30 days to file their brief. Appellees shall file an answer within 30 days and Appellant's may file a reply brief within 14 days of the answer brief Mar 8, 2011 3:35 PM Order - Other
Appellee New West Health Services' Response to Appellants' Notice of Decision and Motion to Appeal and Brief. copies to Court Mar 1, 2011 4:32 PM Other
Appellee State of Montana's Response Opposing Appellants' Motion to Appeal. copies to Court Mar 1, 2011 3:26 PM Other
Event - Sent to Court-Pleading (Notice of Decision; Response) Feb 28, 2011 11:48 AM Event
Blue Cross and Blue Shield of Montana, Inc.'s Response to Appellants' Notice of Decision and Motion to Appeal and Brief Feb 28, 2011 11:45 AM Other
Notice of Decision and Motion to Appeal and Brief. Appellants' Brief in Support of Motion For Briefing Schedule. held for objections Feb 18, 2011 10:59 AM Notice
Order - Remand; we remand this case to the District Court to determine whether the "made whole" laws apply to the various types of third party administrators Oct 13, 2010 11:29 AM Order - Other
Order - Classified - Five Justice Panel Aug 18, 2010 3:26 PM Classifying Notice
Notice - Incoming - Additional Authority. Copies to Court Aug 9, 2010 11:48 AM Notice - Incoming
Event - Case Sent to Court Jul 12, 2010 11:59 AM Classifying Notice
Brief - Appellant Reply (with separate Appendix) Jul 9, 2010 9:58 AM Appellant Reply Brief
Order - Grant; Appellants are granted up to 7,500 words for their reply brief Jul 6, 2010 2:26 PM Order - Other
Motion - Unopposed - for Additional Words for Reply Brief. (copies to Court) Jun 30, 2010 9:31 AM Motion
Extension - Grant of Extension until July 9, 2010, to file Reply Brief Jun 17, 2010 4:56 PM Extension
Motion - Unopposed - Extension of Time - Brief (Appellant's Reply) Jun 17, 2010 2:05 PM Motion
Brief - Appellee (New West, with separate Appendix) Jun 11, 2010 3:23 PM Appellee Response Brief
Brief - Appellee (Blue Cross Blue Shield, with separate Appendix) Jun 11, 2010 9:46 AM Appellee Response Brief
Brief - Appellee STATE OF MONTANA Jun 10, 2010 12:39 PM Appellee Response Brief
Order - the motion to strike is DENIED May 5, 2010 2:49 PM Order - Other
Extension - Grant of Extension until June 11, 2010, to file Appellee's (New West) brief Apr 30, 2010 4:30 PM Extension
Motion - Unopposed - Extension of Time - Brief (Appellee, New West) Apr 30, 2010 4:18 PM Motion
Extension - Grant of Extension until June 11, 2010, to file State's Appellee brief Apr 29, 2010 2:26 PM Extension
Motion - Unopposed - Extension of Time - Brief (Appellee, State) Apr 28, 2010 10:28 AM Motion
Event - Sent to Court-Pleading; Motion to Strike and Response to Motion Apr 26, 2010 9:10 AM Event
Response/Objection - to Motion to strike. copies to Court Apr 23, 2010 9:08 AM Response
Extension - Grant of Extension until June 11, 2010, to file Appellee's brief Apr 21, 2010 2:01 PM Extension
Motion - Opposed - Strike (BCBS) holding for objection Apr 20, 2010 11:06 AM Motion
Motion - Unopposed - Extension of Time - Brief (Appellee, BCBS) Apr 20, 2010 10:55 AM Motion
Brief - Appellant (with separate Appendix) Apr 13, 2010 11:14 AM Appellant Opening Brief
Notice - Outgoing - District Court Record Filed Mar 31, 2010 2:30 PM Record
Record - DC Record/Exhibits/Transcript Filed (4 folders, exhibits within; 1 transcript dated 8/24 & 25/09 with CD) Mar 30, 2010 2:26 PM Record
Mediation - Mediator's Report - Case Not Settled Mar 3, 2010 11:40 AM Mediation
Mediation - Order Appointing Mediator (Leanne Schraudner) Jan 22, 2010 2:36 PM Mediation
Mediation - Case Subject to Mediation Dec 30, 2009 4:56 PM Mediation
Fees - Appearance Fee Received Dec 30, 2009 4:55 PM Fees
Notice - Outgoing - Appeal Notice Dec 30, 2009 4:52 PM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Dec 30, 2009 4:51 PM Notice - Incoming