O'Neill v. Gianforte

DA 23-0555 ·Direct Appeal ·Civil ·Closed
Docket DA 23-0555
Type Direct Appeal — Other
Classification Civil
Outcome Affirmed in part, reversed in part
Lower court case DV-25-2021-0000951
Lower court judge Hon. Kathy Seeley

Key dates

Closed Jan 21, 2025
Classified Jun 27, 2024
Appeal filed Sep 22, 2023
Record filed Oct 16, 2023
Oral argument Sep 13, 2024
Briefing ended Apr 25, 2024
Opinion issued Jan 2, 2025
Briefing started Oct 16, 2023
Sent to the court Apr 26, 2024
Submitted for decision Sep 13, 2024
Appellant Reply Brief Filed Apr 25, 2024
Appellant Opening Brief Filed Jan 12, 2024
Appellee Response Brief Filed Mar 12, 2024

Calculated

from the docket dates
Appeal filed to briefing start 24
Briefing days 192
Briefing start to opening brief filed 88
Classified to Opinion 188
Close of briefing to sent to court 0
Filing date to Opinion 468
Filing date to closed 487
Opening to response 60
Opinion to closed 18
Oral argument to Opinion 110
Response to reply 44
Sent to court to classified 62
Sent to court to oral argument 140
Submitted for decision to Opinion 251

Tags

Affirmed in part, reversed in part Closed En Banc Opinion synopsis issued Oral Argument Published opinion

Parties

Appellant
Greg Gianforte
Represented by John Mark Semmens
Appellee
Jayson O'Neill
Represented by Rylee Sommers-Flanagan

Opinion

O'Neill v. Gianforte, 2025 MT 2

Affirmed in part, reversed in part on January 2, 2025, in a 4 to 3 published opinion.

Events

most recent first
Event - Case Closed - Electronic Records Jan 21, 2025 9:22 AM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Jan 21, 2025 9:17 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Jan 21, 2025 9:15 AM Closing Notice
Opinion - Synopsis of Opinion Jan 2, 2025 1:36 PM Synopsis
Opinion - Published - Justice Shea - Reversed in part, Affirmed in part and Remanded Jan 2, 2025 12:18 PM Opinion
Event - Oral Argument Presented - Dale Schowengerdt argued for the appellant. Constance Van Kley argued for Appellee. The matter was taken under advisement at 10:46 a.m Sep 13, 2024 2:28 PM Event
Order - Recusal - Chief Justice Mike McGrath has recused himself, and Honorable Leslie Halligan of the Fourth Judicial District will sit in place of Chief Justice McGrath Sep 10, 2024 1:25 PM Order - Other
Order - Oral Argument - Amending Schedule - Oral argument before the Court sitting en banc and is hereby set for argument on Friday, September 13, 2024, at 9:30 a.m. at the Wilma Theatre - Missoula, Montana, with an introduction to the argument beginning at 9:00 a.m Sep 3, 2024 12:15 PM Order - Other
Notice - Incoming - Change of Address - Constance Van Kley Aug 27, 2024 4:57 PM Notice - Incoming
Notice - Incoming - Appellee's signed Oral Argument Notice Jul 3, 2024 11:09 AM Notice - Incoming
Notice - Outgoing - Oral Argument Scheduled Jun 28, 2024 1:28 PM Notice - Outgoing
Order - Classified - Oral Argument - This cause is classified for oral argument before the Court sitting en banc and is hereby set for argument on Friday, September 13, 2024, at 9:30 a.m. at the Holiday Inn Missoula Downtown, Missoula, Montana, with an introduction to the argument beginning at 9:00 a.m Jun 27, 2024 1:47 PM Classifying Notice
Event - Case Sent to Court Apr 26, 2024 11:32 AM Classifying Notice
Notice - Outgoing - Brief Filed Apr 26, 2024 11:29 AM Notice - Outgoing
Brief - Appellant Reply Apr 25, 2024 3:52 PM Appellant Reply Brief
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including April 25, 2024, to prepare, file, and serve the reply brief. No further extensions will be granted Mar 20, 2024 12:04 PM Order - Extension
Motion - Unopposed - Appellant's Extension of Time (30 days) to file REPLY Brief Mar 19, 2024 1:18 PM Motion
Notice - Outgoing - Brief Filed Mar 12, 2024 3:21 PM Notice - Outgoing
Brief - Appellee's Response Mar 12, 2024 2:00 PM Appellee Response Brief
Extension - Grant of Extension - Appellee shall have an extension up to and including March 12, 2024, to file and serve their response brief Feb 5, 2024 3:23 PM Extension
Motion - Unopposed - Appellee's Extension of Time - Brief (First Request 30 Days) Feb 5, 2024 8:41 AM Motion
Notice - Outgoing - Brief Filed Jan 12, 2024 3:11 PM Notice - Outgoing
Brief - Appellant's Opening Jan 12, 2024 1:02 PM Appellant Opening Brief
Order - Grant - Extension of Time - Appellant's opening brief shall be due on January 12, 2024 Dec 4, 2023 11:25 AM Order - Extension
Motion - Unopposed - Appellant's Extension of Time - Brief Dec 4, 2023 10:53 AM Motion
Extension - Grant of Extension - Appellant's opening brief shall be due on December 13, 2023 Nov 8, 2023 1:23 PM Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) - Appellant's Opening Brief Nov 7, 2023 4:26 PM Motion
Notice - Outgoing - District Court Record Filed to include District Court Clerk Oct 16, 2023 10:52 AM Record
Notice - Outgoing - District Court Record Filed Oct 13, 2023 1:08 PM Record
Record - DC Record Filed for Cause No. 2021-0951 - Electronic Records 1 thru 33 and Case Register Oct 13, 2023 12:59 PM Record
Order - Grant - Appeal may proceed Oct 3, 2023 3:16 PM Order - Other
Notice - Outgoing - Appeal Notice Sep 22, 2023 10:56 AM Notice - Outgoing
Event - Sent to Court-Pleading Sep 22, 2023 10:55 AM Event
Notice - Incoming - Notice of Appeal with Rule 54(b) Certification Sep 22, 2023 10:51 AM Notice - Incoming