Kluver, et al. v. PPL Mt, et al

DA 11-0681 ·Direct Appeal ·Civil ·Closed
Docket DA 11-0681
Type Direct Appeal — Damages
Classification Civil
Outcome Affirmed
Lower court case DV 07-12
Lower court judge Hon. Joe L. Hegel

Key dates

Closed Feb 6, 2013
Classified Jun 28, 2012
Appeal filed Nov 15, 2011
Record filed Dec 1, 2011
Oral argument Sep 24, 2012
Briefing ended May 17, 2012
Opinion issued Dec 31, 2012
Briefing started Dec 1, 2011
Rehearing denied Feb 5, 2013
Sent to the court May 18, 2012
Rehearing requested Jan 15, 2013
Submitted for decision Sep 24, 2012
Appellant Reply Brief Filed May 17, 2012
Appellant Opening Brief Filed Feb 2, 2012
Appellee Response Brief Filed Apr 4, 2012

Calculated

from the docket dates
Appeal filed to briefing start 16
Briefing days 167
Briefing start to opening brief filed 62
Classified to Opinion 186
Close of briefing to sent to court 1
Filing date to Opinion 412
Filing date to closed 449
Opening to response 61
Opinion to closed 36
Oral argument to Opinion 98
Response to reply 43
Sent to court to classified 41
Sent to court to oral argument 129
Submitted for decision to Opinion 227

Tags

Affirmed Closed Opinion synopsis issued Oral Argument Published opinion Rehearing denied Rehearing requested Subject to Mediation

Parties

Appellee
Pacificorp
Represented by Timothy R. MacDonald
Appellee
Northwestern Energy
Represented by Timothy R. MacDonald
Appellee
PPL Montana, LLC
Represented by Timothy R. MacDonald
Appellee
Avista Corporation
Represented by Timothy R. MacDonald
Appellee
Montana Power Company
Represented by Timothy R. MacDonald
Appellant
Charles Kelly Kluver
Represented by Robert K. Baldwin
Appellant
Genie Land Company, a Montana Corporation
Represented by Robert K. Baldwin
Appellant
Karson Kluver
Represented by Robert K. Baldwin
Appellee
Puget Sound Energy, Inc.
Represented by Timothy R. MacDonald
Appellee
Douglas McRae
Represented by Tom W. Stonecipher
Appellee
Kim McRae
Represented by Tom W. Stonecipher
Appellee
Greenleaf Land & Livestock Company
Represented by Tom W. Stonecipher
Appellee
Portland General Electric Company
Represented by Shane P. Coleman
Appellee
The Clark Fork and Blackfoot, LLC
Represented by Timothy R. MacDonald

Opinion

Kluver, et al. v. PPL Mt, et al, 2012 MT 321

Affirmed on December 31, 2012, in a 5 to 2 published opinion.

Events

most recent first
Fees - Postage Reimbursement Received Feb 13, 2013 4:13 PM Fees
Record - DC Record Return Card Filed Feb 12, 2013 2:41 PM Record
Notice - Outgoing - Postage Reimbursement Due for Return of District Court Record Feb 8, 2013 11:16 AM Notice - Outgoing
Service - Delivery Confirmation Receipt for DC Record Feb 7, 2013 11:24 AM Service
Record - DC Record Returned to District Court Feb 6, 2013 4:56 PM Record
Event - Case Closed Feb 6, 2013 3:55 PM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Feb 6, 2013 9:32 AM Notice - Outgoing
Order - Deny-Petition for Rehearing Feb 5, 2013 4:52 PM Order - Petition for Rehearing Denied
Notice - Outgoing - Remittitur Issued Feb 5, 2013 9:05 AM Closing Notice
Event - Sent to Court-Pleading Jan 30, 2013 3:57 PM Event
Objections to Petition for Rehearing (McRaes & Greenleaf) Jan 30, 2013 3:54 PM Other
Objections to Petition for Rehearing (PPL Montana) Jan 30, 2013 3:50 PM Other
Petition - Rehearing Jan 15, 2013 3:54 PM Petition
Opinion - Synopsis of Opinion Jan 3, 2013 1:28 PM Synopsis
Opinion - Published - Justice Wheat - AFFIRMED Dec 31, 2012 4:25 PM Opinion
Event - Oral Argument Presented by Robert K. Baldwin for the appellant and Guy W. Rogers and Tom Stonecipher for the appellees. Chief Justice McGrath was not present, but will participate in the case. The matter was taken under advisement at 10:35 a.m Sep 24, 2012 1:49 PM Event
Notice - Incoming - Supplemental Authority. Copies to Court Aug 31, 2012 1:01 PM Notice - Incoming
Order - Narrow the issues for Oral Argument Jul 5, 2012 12:17 PM Order - Other
Notice - Outgoing - Oral Argument Scheduled Jun 28, 2012 3:48 PM Notice - Outgoing
Order - Classified - Oral Argument shall begin at 9:30 a.m. on 9/21/2012 at Crown Plaza Hotel Jun 28, 2012 3:40 PM Classifying Notice
Event - Case Sent to Court May 18, 2012 11:11 AM Classifying Notice
Brief - Appellant Reply May 17, 2012 10:55 AM Appellant Reply Brief
Record - Additional DC Documents Filed filed under seal per the Hon. Joe L. Hegel dated 5/9/12 May 11, 2012 11:14 AM Record
Rulings - Other Courts - (Judge Joe L. Hegel) Motion to Correct or Modify the DC Record is GRANTED. Appellant may file an unredacted copy of the Settlement Memorandum of Understanding under seal which the DC will transmit to the MSC May 9, 2012 11:02 AM Ruling
Notice - Incoming - Change of Mailing Address and addition of electronic notification of Appellee attorneys Thomas W. Stoever, Jr. and Timothy R. Macdonald Apr 26, 2012 12:07 PM Notice - Incoming
Extension - Grant of Extension Apr 13, 2012 11:42 AM Extension
Motion - Unopposed - Extension of Time - Brief Apr 13, 2012 11:33 AM Motion
Brief - Appellees (McRaes and Greenleaf Land) Apr 4, 2012 10:31 AM Appellee Response Brief
Brief - Appellees (PPL, Puget Sound, Northwestern. Pacificorp, Clark Fork & Blackfoot, MT. Power & Avista) Apr 3, 2012 8:55 AM Appellee Response Brief
Order - Deny motion to intervene Mar 6, 2012 2:48 PM Order - Other
Event - Sent to Court-Pleading - motion to intervene & objection Feb 29, 2012 9:44 AM Event
Appellant's Response/Objection to Motion to Intervene Feb 28, 2012 9:35 AM Other
Motion - Opposed - Intervene by Monte Beck, John Amsden and Jory Ruggiero (held for objections) Feb 21, 2012 10:01 AM Motion
Order - Grant - Extension of Time for Appellees to April 4, 2012 - Douglas & Kim McRae; Greenleaf Land & Livestock; PPL Montana;Puget Sound Energy; Northwestern; Clark Fork & Blackfoot; Montana Power; Avista; Pacificorp and Portland General Electric Feb 13, 2012 1:32 PM Order - Extension
Unopposed Motion for Extension of Time to file Appellees Brief for Douglas & Kim McRae & Greenleaf Land & Livestock Feb 13, 2012 11:59 AM Motion
Unopposed Motion for Extension of Time to file Appellees Brief of PPL Montana, LLC; Puget Sound Energy, Inc.; Northwestern Corporation; The Clark Fork and Blackfoot, LLC; The Montana Power Company, LLC; Avista Corporation; Pacificorp; and Portland General Electric Company Feb 13, 2012 11:24 AM Motion
Brief - Appellant Feb 2, 2012 1:51 PM Appellant Opening Brief
Mediation - Mediator's Report - Case Not Settled Jan 24, 2012 3:02 PM Mediation
Letter from Clerk's Office Rescinding Mediator Appointment of Tom Singer due to conflict of interest and Second Order Appointing Mediator (Carey Matovich) Dec 14, 2011 3:51 PM Other
Mediation - Order Appointing Mediator (Thomas Singer) Dec 13, 2011 2:42 PM Mediation
Extension - Grant of Extension - Appellants are given until 2/2/12 to file the opening brief Dec 13, 2011 1:26 PM Extension
Motion - Unopposed - Extension of Time - Brief (Appellant) Dec 13, 2011 12:38 PM Motion
Notice - Incoming - Amended Notice of Appeal Filed Dec 9, 2011 10:00 AM Notice - Incoming
Notice - Outgoing - District Court Record Filed Dec 1, 2011 3:21 PM Record
Record - DC Record/Exhibits/Transcript Filed - 7 file folders; 1 manila envelope with exhbits; & 1 original condensed transcript with DVD of 2-17-11 & 3-21-11 hearings Dec 1, 2011 3:12 PM Record
Notice - Incoming - Transcripts Deemed Necessary Nov 16, 2011 2:40 PM Notice - Incoming
Fees - Appearance Fee Received Nov 16, 2011 2:39 PM Fees
Mediation - Case Subject to Mediation Nov 16, 2011 2:34 PM Mediation
Notice - Outgoing - Appeal Notice Nov 16, 2011 2:11 PM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Nov 15, 2011 1:42 PM Notice - Incoming