Masters Group v. Comerica Bank

DA 20-0362 ·Direct Appeal ·Civil ·Closed
Docket DA 20-0362
Type Direct Appeal — Debt
Classification Civil
Outcome Affirmed in part, reversed in part
Lower court case DV-2011-372
Lower court judge Hon. Ray J. Dayton

Key dates

Closed Jul 23, 2021
Classified Mar 17, 2021
Appeal filed Jul 15, 2020
Record filed Sep 8, 2020
Briefing ended Jan 22, 2021
Opinion issued Jul 6, 2021
Briefing started Sep 8, 2020
Transcript filed Aug 17, 2020
Sent to the court Jan 22, 2021
Cross Appeal Filed Jul 28, 2020
Submitted for decision Jan 22, 2021
Cross Reply Brief Filed Jan 22, 2021
Appellant Reply Brief Filed Jan 8, 2021
Appellant Opening Brief Filed Oct 13, 2020
Appellee Response Brief Filed Dec 9, 2020

Calculated

from the docket dates
Appeal filed to briefing start 55
Briefing days 136
Briefing start to opening brief filed 35
Classified to Opinion 111
Close of briefing to sent to court 0
Filing date to Opinion 356
Filing date to closed 373
Opening to response 56
Opinion to closed 16
Reply to cross reply 44
Response to reply 30
Sent to court to classified 53
Submitted for decision to Opinion 165

Tags

Affirmed in part, reversed in part Amicus requested Closed Cross Appeal Filed En Banc Published opinion Subject to Mediation

Parties

Appellant
Comerica Bank and Trust
Represented by Joseph J. Shannon
Cross Appellant
Masters Group International Inc.
Represented by Ward E. Taleff

Opinion

Masters Group v. Comerica Bank, 2021 MT 161

Affirmed in part, reversed in part on July 6, 2021, in a 5 to 2 published opinion.

Events

most recent first
Fees - Postage Reimbursement Received Aug 6, 2021 3:25 PM Fees
Record - DC Record Return Card Filed Aug 2, 2021 4:49 PM Record
Notice - Outgoing - Postage Reimbursement Due for Return of District Court Record Jul 27, 2021 2:20 PM Notice - Outgoing
Record - DC Record Returned to District Court (Exhibits only) Jul 23, 2021 9:59 AM Record
Event - Case Closed Jul 23, 2021 9:59 AM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Jul 23, 2021 9:15 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Jul 22, 2021 4:51 PM Closing Notice
Opinion - Published - Justice Gustafson, affirmed in part, reversed in part and remanded Jul 6, 2021 4:19 PM Opinion
Order - Classified - En Banc Mar 17, 2021 11:06 AM Classifying Notice
Event - Case Sent to Court Jan 22, 2021 3:55 PM Classifying Notice
Notice - Outgoing - Cross Appellant Reply Brief Filed Jan 22, 2021 3:47 PM Notice - Outgoing
Brief - Cross Appellant Reply Jan 22, 2021 2:29 PM Cross Reply Brief
Notice - Outgoing - Brief Filed (Appellant Reply) Jan 11, 2021 8:37 AM Notice - Outgoing
Brief - Appellant Reply and Answer to Cross Appeal Jan 8, 2021 3:52 PM Appellant Reply Brief
Notice - Outgoing - Exhibits Filed Jan 6, 2021 4:30 PM Notice - Outgoing
Record - Electronic Exhibits Filed consisting 421.1; 423.1; 425.1 and 427.1 (Exhibits have been put with electronic record) Jan 6, 2021 4:28 PM Record
Notice - Outgoing - Brief Filed (Cross-Appellant) Dec 9, 2020 2:40 PM Notice - Outgoing
Brief - Appellee and Cross-Appellant Dec 9, 2020 11:55 AM Appellee Response Brief
Extension - Appellee and Cross- Appellant may file and serve an answer brief and cross-appeal opening brief in this matter on or before December 14, 2020 Nov 5, 2020 3:08 PM Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) (Appellee Response) Nov 5, 2020 12:31 PM Motion
Notice - Incoming - Errata (Amicus Brief) Oct 23, 2020 10:50 AM Notice - Incoming
Order - Grant - Masters' motion to submit an over-length brief is GRANTED Oct 16, 2020 4:22 PM Order - Other
Motion - Unopposed - Brief - Enlarged Oct 16, 2020 2:52 PM Motion
Notice - Outgoing - Brief Filed (Appellant Opening) Oct 14, 2020 10:52 AM Notice - Outgoing
Notice - Outgoing - Brief Filed (Montana Bankers Association and Montana Independent Bankers Association) Oct 14, 2020 10:45 AM Notice - Outgoing
Brief - Amicus (Montana Bankers Association and Montana Independent Bankers Association) Oct 13, 2020 3:40 PM Amicus Brief
Brief - Appellant's Opening Oct 13, 2020 3:34 PM Appellant Opening Brief
Order - Amicus-Grant Participation - Montana Bankers Association and Montana Independent Bankers Association. Amicus Brief shall be filed on or before October 13, 2020 Oct 5, 2020 4:45 PM Order - Other
Motion - Unopposed - Amicus - Leave to Participate (Montana Bankers Association and Montana Independent Bankers Association) Oct 5, 2020 12:24 PM Motion
Order - Briefing/Scheduling; Grant Over-length brief: Brief shall not exceed 15,000 words and shall in all other respects meet the requirements of M.R. App. P 11 and P 12 Sep 15, 2020 3:41 PM Order - Other
Notice - Outgoing - Exhibits Filed Sep 11, 2020 10:02 AM Notice - Outgoing
Record - Exhibits Filed - 3 CD's and 1 letter sized envelope with exhibits on a thumb drive Sep 11, 2020 10:00 AM Record
Event - Sent to Court-Pleading (motion to file overlength brief; objection) Sep 8, 2020 4:04 PM Event
Response/Objection - Response to Motion to File Overlength Brief Sep 8, 2020 3:50 PM Response
Motion - Opposed - Brief - Enlarged. held for objection Sep 8, 2020 2:50 PM Motion
Notice - Outgoing - District Court Record Filed Sep 8, 2020 10:23 AM Record
Record - Butte Silver-Bow District Court Record DV 2011-372 consisting of electronic documents and exhibits numbered 1-660 with a case register, SEALED Exhibit 1 to RoA #568) Notes: The trial exhibits from the first trial are contained on three compact discs; the trial exhibits from the second trial are contained on a thumb drive not yet received Sep 8, 2020 10:13 AM Record
Notice - Incoming - Transcripts Deemed Necessary Aug 26, 2020 9:45 AM Notice - Incoming
Notice - Outgoing - Transcript Filed Aug 17, 2020 2:36 PM Transcript
Electronic Transcripts Filed of December 18, 2015; December 8, 2016; January 9-19, 2017; January 17, 2020; June 29, 2020; and July 7, 2020 hearings Aug 17, 2020 2:10 PM Other
Mediation - Substitution of Mediator - Greg Murphy Aug 11, 2020 2:54 PM Mediation
Notice - Incoming - Appearance of L. Randall Bishop, as co-counsel of record for Appellee and Cross-Appellant, Masters Group International, Inc., in this matter Aug 6, 2020 10:00 AM Notice - Incoming
Mediation - Order Appointing Mediator (Lawrence E. Henke) Aug 5, 2020 11:01 AM Mediation
Notice - Outgoing - Cross Appeal Notice Jul 28, 2020 3:04 PM Notice - Outgoing
Notice - Incoming - Notice of Cross Appeal (Masters Group) Jul 28, 2020 2:53 PM Notice - Incoming
Fees - Filing Fee Paid (E-Filing) Jul 28, 2020 2:53 PM Fees
Notice - Outgoing - Transcript Filed Jul 24, 2020 12:03 PM Transcript
Electronic Transcript Filed of July 18, 2016 hearing Jul 24, 2020 12:02 PM Other
Notice - Incoming - Transcripts Deemed Necessary Jul 17, 2020 3:25 PM Notice - Incoming
Notice - Outgoing - Appeal Notice Jul 15, 2020 4:25 PM Notice - Outgoing
Mediation - Case Subject to Mediation Jul 15, 2020 4:20 PM Mediation
Notice - Incoming - Notice of Appeal Filed Jul 15, 2020 4:08 PM Notice - Incoming
Fees - Filing Fee Paid (E-Filing) Jul 15, 2020 4:08 PM Fees