USA/BLM - Barthelmess, Et Al

DA 15-0533 ·Direct Appeal ·Water Court ·Closed
Docket DA 15-0533
Type Direct Appeal — Water Rights Adjudication
Classification Water Court
Outcome Affirmed
Lower court case 40M-300
Lower court judge Hon. Douglas Ritter

Key dates

Closed Jan 13, 2017
Classified Jun 1, 2016
Appeal filed Aug 31, 2015
Record filed Oct 7, 2015
Oral argument Sep 23, 2016
Briefing ended Apr 19, 2016
Opinion issued Dec 28, 2016
Briefing started Oct 7, 2015
Sent to the court Apr 19, 2016
Submitted for decision Sep 23, 2016
Appellant Reply Brief Filed Apr 19, 2016
Appellant Opening Brief Filed Dec 8, 2015
Appellee Response Brief Filed Mar 4, 2016

Calculated

from the docket dates
Appeal filed to briefing start 37
Briefing days 195
Briefing start to opening brief filed 62
Classified to Opinion 209
Close of briefing to sent to court 0
Filing date to Opinion 485
Filing date to closed 501
Opening to response 86
Opinion to closed 15
Oral argument to Opinion 95
Response to reply 46
Sent to court to classified 42
Sent to court to oral argument 156
Submitted for decision to Opinion 252

Tags

Affirmed Closed En Banc Opinion synopsis issued Oral Argument Published opinion

Parties

Appellee
United States of America
Represented by Stephen Bartell
Appellant
Barthelmess Ranch Corporation
Represented by Rachel K Meredith
Appellee
Bureau of Land Management
Represented by Stephen Bartell
Appellant
Conni D. French
Represented by Rachel K Meredith
Appellant
Craig R. French
Represented by Rachel K Meredith
Appellant
Double O Ranch, Inc.
Represented by Rachel K Meredith
Appellant
Lela M. French
Represented by Rachel K Meredith
Appellant
M Cross Cattle Company
Represented by Rachel K Meredith
Appellant
William R. French
Represented by Rachel K Meredith

Opinion

USA/BLM - Barthelmess, Et Al, 2016 MT 348

Affirmed on December 28, 2016, in a 6 to 1 published opinion.

Events

most recent first
Fees - Postage Reimbursement Received Jan 30, 2017 10:48 AM Fees
Record - DC Record Return Card Filed Jan 20, 2017 11:07 AM Record
Notice - Outgoing - Postage Reimbursement Due for Return of District Court Record Jan 18, 2017 1:19 PM Notice - Outgoing
Record - DC Record Returned to District Court Jan 13, 2017 10:56 AM Record
Event - Case Closed Jan 13, 2017 10:55 AM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Jan 13, 2017 10:52 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Jan 13, 2017 10:46 AM Closing Notice
Opinion - Synopsis of Opinion Dec 28, 2016 12:29 PM Synopsis
Opinion - Published (Chief Justice McGrath; Affirmed; Justice McKinnon dissents) Dec 28, 2016 12:20 PM Opinion
Event - Oral Argument Presented. The Court, sitting en banc, convened at 10:54 for oral argument. Rachel K. Meredith argued for the appellants and John L. Smeltzer argued for the appellee. The matter was taken under advisement at 12:06 p.m Sep 23, 2016 3:27 PM Event
Nunc Pro Tunc Order - Oral argument is set for Friday, 9/23/16 at 10:45 with introduction beginning at 10:15; oral argument times shall be 40 minutes for Objectors and 30 minutes for Claimant Aug 4, 2016 3:30 PM Other
Notice - Incoming - Appearance of Patti L. Rowland as co-counsel for Appellants Jul 13, 2016 2:59 PM Notice - Incoming
Order - Introduction time is changed to 10:15 and Oral Argument is changed to 10:45 on 9/23/16; Claimant is granted 40 minutes and Objectors 30 minutes. No motions to reschedule will be granted Jul 6, 2016 10:05 AM Order - Other
Notice - Outgoing - Oral Argument Scheduled Jun 1, 2016 2:54 PM Notice - Outgoing
Order - Classified - Oral Argument - Friday, September 23, 2016 at 11:15 a.m., Holiday Inn Great Falls, introduction at 10:45 a.m Jun 1, 2016 2:51 PM Classifying Notice
Event - Case Sent to Court Apr 19, 2016 4:43 PM Classifying Notice
Brief - Appellant Reply Apr 19, 2016 4:29 PM Appellant Reply Brief
Extension - Grant of Extension until 04/18/2016 to file Appellants' Reply Brief Mar 9, 2016 2:40 PM Extension
Motion - Extension of Time - Appellants' Reply Brief Mar 9, 2016 2:32 PM Motion
Brief - Appellee's Response (The United States of America) Mar 4, 2016 9:40 AM Appellee Response Brief
Order - Grant - Extension of Time - Appellee USA is granted until 3/4/16 to file the response brief Dec 28, 2015 11:27 AM Order - Extension
Motion - Unopposed - Extension of Time - Appellee USA Brief. sent to Court Dec 28, 2015 8:42 AM Motion
Notice - Incoming - Errata (Appellant's Opening Brief) Dec 8, 2015 4:36 PM Notice - Incoming
Brief - Appellants' Brief (w/ separate Appendix) Dec 8, 2015 3:12 PM Appellant Opening Brief
Notice - Incoming - Appearance - John L. Smeltzer for United States Dec 1, 2015 2:39 PM Notice - Incoming
Notice - Incoming - Change of Address (John Bloomquist and Rachel K. Meredith) Nov 24, 2015 2:15 PM Notice - Incoming
Extension - Grant of Extension to December 7, 2015 to file Appellant's Brief Oct 20, 2015 2:50 PM Extension
Motion - Unopposed - Extension of Time - Appellant's Brief Oct 19, 2015 4:31 PM Motion
Notice - Outgoing - District Court Record Filed Oct 7, 2015 10:20 AM Record
Record - DC Record/Transcript Filed - 2 file folders, 2 accordion folders marked Attachment #1 and Attachment #2; 2 original condensed transcripts w/DVD of 10/8/14 and 2/25/15 hearings Oct 7, 2015 10:12 AM Record
Copy of Notice of Transcripts Deemed Necessary For Appeal Sep 1, 2015 2:52 PM Other
Notice - Outgoing - Appeal Notice Sep 1, 2015 11:27 AM Notice - Outgoing
Fees - Appearance Fee Received Sep 1, 2015 11:27 AM Fees
Notice - Incoming - Notice of Appeal Filed Aug 31, 2015 11:14 AM Notice - Incoming