Gruba v. PSC

DA 20-0313 ·Direct Appeal ·Civil ·Closed
Docket DA 20-0313
Type Direct Appeal — Judicial Review
Classification Civil
Outcome Affirmed
Lower court case ADV 2020-103
Lower court judge Hon. Mike Menahan

Key dates

Closed Apr 6, 2021
Classified Jan 27, 2021
Appeal filed Jun 9, 2020
Record filed Jul 21, 2020
Briefing ended Dec 4, 2020
Opinion issued Mar 2, 2021
Briefing started Jul 21, 2020
Rehearing denied Apr 6, 2021
Transcript filed Jul 16, 2020
Sent to the court Dec 7, 2020
Rehearing requested Mar 18, 2021
Submitted for decision Dec 7, 2020
Appellant Reply Brief Filed Dec 4, 2020
Appellant Opening Brief Filed Oct 30, 2020
Appellee Response Brief Filed Nov 20, 2020

Calculated

from the docket dates
Appeal filed to briefing start 42
Briefing days 136
Briefing start to opening brief filed 101
Classified to Opinion 34
Close of briefing to sent to court 3
Filing date to Opinion 266
Filing date to closed 301
Opening to response 20
Opinion to closed 35
Response to reply 14
Sent to court to classified 50
Submitted for decision to Opinion 84

Tags

Affirmed Closed Five Justice Panel Non-cite opinion Rehearing denied Rehearing requested

Parties

Appellee
Montana Public Service Commission
Represented by Zachary Rogala
Appellee
Northwestern Energy
Represented by Sarah N. Norcott
Appellant
Elizabeth Gruba
Represented by Russell L. Doty
Appellant
James T. Gruba
Represented by Russell L. Doty
Appellant
Jeanne R. Barsanti
Represented by Russell L. Doty
Appellant
Leo G. Barsanti
Represented by Russell L. Doty

Opinion

Gruba v. PSC, 2021 MT 54N

Affirmed on March 2, 2021, in a 5 to 0 non-cite opinion.

Events

most recent first
Event - Case Closed (electronic record) Apr 6, 2021 3:00 PM Closing Notice
Notice - Outgoing - Remittitur Issued Apr 6, 2021 2:58 PM Closing Notice
Order - Deny-Petition for Rehearing Apr 6, 2021 2:43 PM Order - Petition for Rehearing Denied
Event - Sent to Court-Pleading (Petition for rehearing and response) Mar 31, 2021 3:01 PM Event
Response/Objection - Rehearing Mar 31, 2021 2:12 PM Response
Petition - Rehearing. held for objection Mar 17, 2021 9:58 PM Petition
Opinion - Noncite/Memorandum - Justice Dirk Sandefur, Affirmed Mar 2, 2021 2:10 PM Opinion
Order - Classified - Five Justice Panel Jan 27, 2021 11:12 AM Classifying Notice
Notice - Filing Error in E-filing system Dec 11, 2020 2:01 PM Notice
Event - Case Sent to Court Dec 7, 2020 3:52 PM Classifying Notice
Notice - Outgoing - Brief Filed Dec 7, 2020 3:06 PM Notice - Outgoing
Brief - Appellant Reply Dec 4, 2020 1:59 PM Appellant Reply Brief
Notice - Outgoing - Brief Filed (Appellees') Nov 20, 2020 1:41 PM Notice - Outgoing
Brief - Appellee, Montana PSC and Northwestern Energy's JOINT Response Nov 20, 2020 11:30 AM Appellee Response Brief
Notice - Incoming - Errata - to Appellants' Brief - Orders being appealed Nov 6, 2020 9:16 AM Notice - Incoming
Notice - Outgoing - Brief Filed (Appellant Opening) Nov 2, 2020 11:10 AM Notice - Outgoing
Brief - Appellant's Opening Oct 30, 2020 4:40 PM Appellant Opening Brief
Order - the motion to attached Appendices B, C1 & C2 to opening brief is DENIED; the Clerk shall STRIKE Appellants' previously filed brief from the docket; Appellants shall have TEN DAYS to refile their opening brief without reference to records not included in the underlying administrative record; failure to comply may result in dismissal of the appeal Oct 20, 2020 3:15 PM Order - Other
Event - Sent to Court-Pleading (Motion to Attach Appendices and Response) Oct 14, 2020 7:30 AM Event
Response to Motion to Attach Appendices (PSC and NWE) Oct 13, 2020 4:47 PM Response
Order - Appellees' shall each have up to and including November 20, 2020, to file their response briefs to Grubas' opening brief Oct 8, 2020 4:41 PM Order - Other
Motion - Extension of Time - Appellee's Brief (NWE and MPSC) Oct 6, 2020 3:30 PM Motion
Motion to Attach Appendices B, C1 and C2 to Opening Brief. held for objection Sep 29, 2020 5:04 PM Motion
Notice - Incoming - Errata - Appendix to Opening Brief Sep 28, 2020 4:26 PM Notice - Incoming
Notice - Outgoing - Brief Filed (Opening) Sep 24, 2020 10:27 AM Notice - Outgoing
Order - Deny: Appellants' August 24, 2020 Motion to Correct the Record and September 9, 2020 Motion for Rehearing on the August 25, 2020 order are Both DENIED Sep 15, 2020 3:52 PM Order - Other
Appellants' Petition to Rehear 8/25/20 Ruling on Motion to Strike Transcript - held for response Sep 9, 2020 3:04 PM Other
Event - Sent to Court-Pleading - (Motion to Correct the Record and Response) Sep 4, 2020 1:15 PM Event
Response to Motion to Correct the Record Sep 4, 2020 12:09 PM Response
Order - Appellees' motion to strike excerpts of the transcript from the underlying administrative proceeding is GRANTED Aug 25, 2020 3:38 PM Order - Other
Motion - Opposed - Correct the Record - held for objection Aug 24, 2020 5:45 PM Motion
Event - Sent to Court-Pleading (Motion to Strike Transcript and Response) Aug 17, 2020 3:29 PM Event
Response to Motion to Strike Transcript Aug 17, 2020 3:04 PM Response
Extension - Grant of Extension - Appellant is given until 9-21-2020 to file Appellant's Opening Brief Aug 14, 2020 11:16 AM Extension
Motion - Unopposed - Extension of Time - Appellant's Opening Brief (First Request 30 Days) Aug 14, 2020 10:26 AM Motion
Motion - Opposed - Strike. held for objection Aug 5, 2020 3:09 PM Motion
Withdrawal of Motion to Augment Record Jul 30, 2020 8:00 AM Other
Motion to Augment Record on Appeal & Declare 3rd Party Beneficiary Contract Unconstitutional. held for objection Jul 27, 2020 9:57 AM Motion
Notice - Incoming - Appearance - Ashley D. Morigeau, Staff Attorney for the Montana Public Service Commission ("Commission"), is appearing as co-counsel on behalf of the Commission, Appellee Jul 23, 2020 2:50 PM Notice - Incoming
Notice - Outgoing - District Court Record Filed Jul 21, 2020 8:48 AM Record
Record - DC Record Filed - electronically transmitted documents 1-20 Jul 21, 2020 8:44 AM Record
Notice - Outgoing - Transcript Filed Jul 16, 2020 1:12 PM Transcript
Electronic Transcript Filed of May 13, 14, 15, 16, 17, 20, 21, 22 and 23, 2019 PSC hearing Jul 16, 2020 11:53 AM Other
Fees - Appearance Fee Received Jun 11, 2020 11:34 AM Fees
AMENDED Notice - Outgoing - Appeal Notice Jun 9, 2020 12:49 PM Other
Notice - Outgoing - Appeal Notice Jun 9, 2020 11:04 AM Notice - Outgoing
Notice - Incoming - Transcripts Deemed Necessary Jun 8, 2020 1:18 PM Notice - Incoming
Notice - Incoming - Notice of Appeal Filed Jun 8, 2020 11:03 AM Notice - Incoming