BNSF v. Asbestos Court

OP 19-0085 ·Original Proceeding ·Asbestos Court ·Closed
Docket OP 19-0085
Type Original Proceeding — Supervisory Control
Classification Asbestos Court
Outcome Petition for writ of supervisory control - other with opinion
Lower court case AC 17-0694

Key dates

Closed Mar 27, 2020
Classified Aug 8, 2019
Appeal filed Feb 4, 2019
Oral argument Oct 30, 2019
Opinion issued Mar 11, 2020
Sent to the court Oct 15, 2019
Submitted for decision Oct 30, 2019
Appellant Opening Brief Filed Oct 15, 2019

Calculated

from the docket dates
Classified to Opinion 215
Filing date to Opinion 401
Filing date to closed 417
Opinion to closed 16
Oral argument to Opinion 132
Sent to court to oral argument 14
Submitted for decision to Opinion 147

Tags

Amicus requested Closed Opinion synopsis issued Oral Argument Petition for writ of supervisory control - other with opinion Petition for writ of supervisory control granted Published opinion

Parties

Petitioner
BNSF Railway Company
Represented by Steven Robert Milch
Respondent
Amy Eddy
Represented by Pro Se
Other
Gerrie A Flores
Represented by Roger M. Sullivan
Other
Rhonda Braaten
Represented by Roger M. Sullivan
Other
Tracie Barnes
Represented by Roger M. Sullivan

Opinion

BNSF v. Asbestos Court, 2020 MT 59

Petition for writ of supervisory control - other with opinion on March 11, 2020, in a 7 to 0 published opinion.

Events

most recent first
Event - Case Closed (no record to be returned) Mar 27, 2020 11:08 AM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Mar 27, 2020 11:03 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Mar 27, 2020 10:58 AM Closing Notice
Opinion - Synopsis of Opinion Mar 11, 2020 10:33 AM Synopsis
Opinion - Published - Justice Rice, affirmed in part, reversed in part and remanded Mar 11, 2020 10:27 AM Opinion
Event - Oral Argument Presented. Appellant represented by Dale Schowengerdt. Appellee represented by Roger Sullivan. Amicus MTLA represented by Mike Cok. Matter taken under advisement at 10:42 a.m. (BHG) Oct 30, 2019 11:02 AM Event
Notice - Incoming - Errata to Petitioner BNSF's Opening Brief and Amended Reply in Support of Opening Brief Oct 23, 2019 2:39 PM Notice - Incoming
Notice - Incoming - Appearance - Dale Schowengerdt and Steven R. Milch as co-counsel for BNSF Oct 15, 2019 5:08 PM Notice - Incoming
Event - Case Sent to Court Oct 15, 2019 3:31 PM Classifying Notice
Notice - Outgoing - Brief Filed (Appellant Reply) Oct 15, 2019 3:29 PM Notice - Outgoing
Brief - Appellant Reply Oct 15, 2019 8:00 AM Appellant Opening Brief
Order - the motion for leave to file amended reply brief is GRANTED Oct 11, 2019 3:59 PM Order - Other
Motion - Unopposed - to file Amended Reply Brief Oct 11, 2019 12:43 PM Motion
Response to Order dated 10/2/19 - Appendix is attached to Petitioner's Brief and Petition for Writ of Supervisory Control Oct 9, 2019 4:05 PM Response
Order - Petitioner shall, within 7 days, file a revised appendix of documents in support of its Opening Brief that complies with this order. Only those documents cited in the brief should be included in the revised appendix Oct 2, 2019 4:05 PM Order - Other
Order - the motion to reschedule the oral argument is DENIED; oral argument will be heard on 10/30/19 at 9:30 a.m Sep 26, 2019 1:21 PM Order - Other
Motion - Unopposed - Extension of Time - to reset Oral Argument Sep 20, 2019 3:53 PM Motion
Notice - Outgoing - Oral Argument Scheduled Aug 8, 2019 2:35 PM Notice - Outgoing
Order - Classified - Oral Argument - the motion to reschedule is granted; Oral will be heard on Wednesday, October 30, 2019, at 9:30 AM, in the Courtroom of the Montana Supreme Court Aug 8, 2019 2:27 PM Classifying Notice
Notice - Incoming - Change in Firm Name and Fax Number (Knight Nicastro Mackay, LLC) Aug 2, 2019 10:27 AM Notice - Incoming
Motion - Unopposed - Oral Argument - Reschedule Aug 2, 2019 10:27 AM Motion
Notice - Outgoing - Oral Argument Scheduled Aug 1, 2019 8:44 AM Notice - Outgoing
Order - Classified - Oral Argument - Wednesday, October 2, 2019 at 9:30 a.m Aug 1, 2019 8:41 AM Classifying Notice
Notice - Incoming - Supplemental Authority Jul 31, 2019 2:15 PM Notice - Incoming
Event - Case Sent to Court Jul 8, 2019 4:54 PM Classifying Notice
Notice - Outgoing - Brief Filed Jul 8, 2019 4:49 PM Notice - Outgoing
Brief - Appellant Reply (BNSF) Jul 8, 2019 2:49 PM Appellant Opening Brief
Order - Petitioner BNSF shall have until July 8, 2019 in which to file Petitioner's Reply Jun 19, 2019 2:25 PM Order - Other
Motion - Unopposed - Extension of Time - File Response/Objection (Petitioner Reply) Jun 19, 2019 12:59 PM Motion
Notice - Outgoing - Brief Filed (Plaintiffs Answer Brief) Jun 17, 2019 9:44 AM Notice - Outgoing
Plaintiff's Answer Brief (Barnes, et al.) Jun 14, 2019 4:45 PM Other
Notice - Outgoing - Brief Filed - MTLA Jun 14, 2019 8:53 AM Notice - Outgoing
Brief - Amicus -Montana Trial Lawyers Association (MTLA) Jun 13, 2019 3:43 PM Amicus Brief
Order - Amicus-Grant Participation - MTLA Jun 7, 2019 1:24 PM Order - Other
Notice of consent by BNSF for MTLA to appear amicus Jun 6, 2019 2:43 PM Notice
Motion - Amicus - Leave to Participate, Montana Trial Lawyers Jun 6, 2019 9:58 AM Motion
Notice - Outgoing - Brief Filed May 17, 2019 12:49 PM Notice - Outgoing
Petitioner's Brief May 16, 2019 2:36 PM Other
Service - Mail Returned Peter A. Moir May 7, 2019 9:48 AM Service
Order - the Court will take supervisory control of the January 15 and 18, 2019 rulings; consolidated briefing will proceed with BNSF's brief due within 30 days; further proceedings are STAYED; the entire Asbestos Court record does not need to be transmitted Apr 16, 2019 3:43 PM Order - Other
BNSF's Reply to Response to Petition for Writ Mar 21, 2019 2:49 PM Other
Order - Granting BNSF's motion to file a reply to Response Mar 21, 2019 2:13 PM Order - Other
Motion for Leave to respond to Response to Petition for Writ Mar 20, 2019 11:53 PM Motion
Event - Sent to Court-Pleading (Petition for Writ of Supervisory Control and Response to Petition) Mar 14, 2019 8:39 AM Event
Response/Objection - Petition for Writ Mar 13, 2019 5:15 PM Response
Service - Mail Returned - M. COVEY MORRIS and CONOR R. FLANIGAN. placed in SC file Mar 7, 2019 10:17 AM Service
Order - Asbestos Claims Court, Plaintiff or both granted 30 days to respond to the Writ of Supervisory Control. The 2/4/19 trial setting in the underlying case is VACATED and further proceedings are STAYED pending the Court's decision on the Petition. (Order also served in AC 17-0694) Feb 12, 2019 8:25 AM Final Order
Notice - Outgoing - Original Proceeding Filed Feb 5, 2019 9:28 AM Notice - Outgoing
Event - Original Proceeding Sent to Court Feb 5, 2019 8:57 AM Event
Notice - Outgoing - Original Proceeding Filed Feb 5, 2019 8:53 AM Notice - Outgoing
Petition - Writ - Supervisory Control Feb 4, 2019 7:10 PM Petition
Fees - Filing Fee Paid (E-Filing) Feb 4, 2019 7:10 PM Fees