Jacobsen v. Allstate

DA 12-0130 ·Direct Appeal ·Civil ·Closed

Docket DA 12-0130

Type Direct Appeal — Agreement Suit

Classification Civil

Outcome Affirmed

Lower court case ADV 03-201(D)

Lower court judge Hon. Dirk M. Sandefur

Key dates

Closed Oct 9, 2013

Classified Mar 13, 2013

Appeal filed Feb 28, 2012

Record filed Apr 6, 2012

Oral argument May 8, 2013

Briefing ended Sep 18, 2012

Opinion issued Aug 29, 2013

Briefing started Apr 6, 2012

Rehearing denied Oct 8, 2013

Transcript filed Mar 30, 2012

Sent to the court Sep 18, 2012

Rehearing requested Sep 13, 2013

Submitted for decision May 8, 2013

Appellant Reply Brief Filed Sep 18, 2012

Appellant Opening Brief Filed Jun 6, 2012

Appellee Response Brief Filed Aug 6, 2012

Calculated

from the docket dates

Appeal filed to briefing start 38

Briefing days 165

Briefing start to opening brief filed 61

Classified to Opinion 169

Close of briefing to sent to court 0

Filing date to Opinion 548

Filing date to closed 589

Opening to response 61

Opinion to closed 40

Oral argument to Opinion 112

Response to reply 42

Sent to court to classified 175

Sent to court to oral argument 231

Submitted for decision to Opinion 344

Parties

Appellant

Allstate Insurance Company

Represented by Robert Hakes King, Jr.

Appellee

Robert Jacobsen

Represented by Lawrence A. Anderson

Opinion

Jacobsen v. Allstate, 2013 MT 244

Affirmed on August 29, 2013, in a 4 to 3 published opinion.

Events

most recent first

Notice - Incoming - U.S. Sup. Ct. - Decision The petition for a writ of certiorari is DENIED May 9, 2014 1:50 PM Notice - Incoming

Notice - Incoming - U.S. Sup. Ct. - Cert. Filed Feb 4, 2014 3:10 PM Notice - Incoming

Rulings - Other Courts - Other - U.S. Supreme Court granted an extension of time to 1/30/14 to file a petition for writ of certiorari Jan 8, 2014 3:02 PM Ruling

Fees - Postage Reimbursement Received Oct 16, 2013 9:58 AM Fees

Record - DC Record Return Card Filed Oct 11, 2013 2:26 PM Record

Notice - Outgoing - Postage Reimbursement Due for Return of District Court Record Oct 10, 2013 1:21 PM Notice - Outgoing

Event - Case Closed Oct 9, 2013 10:36 AM Closing Notice

Record - DC Record Returned to District Court Oct 9, 2013 10:36 AM Record

Notice - Outgoing - Opinion Release Notice Issued Oct 9, 2013 10:33 AM Notice - Outgoing

Notice - Outgoing - Remittitur Issued Oct 9, 2013 10:31 AM Closing Notice

Order - Deny-Petition for Rehearing Oct 8, 2013 10:22 AM Order - Petition for Rehearing Denied

Event - Sent to Court-Pleading Oct 2, 2013 10:50 AM Event

Response/Objection - Rehearing Sep 30, 2013 10:47 AM Response

Petition - Rehearing (held for response) Sep 13, 2013 10:35 AM Petition

Notice - Outgoing - Corrected title page of opinion Aug 29, 2013 2:20 PM Notice - Outgoing

Opinion - Synopsis of Opinion Aug 29, 2013 1:21 PM Synopsis

Opinion - Published - affirmed as to certification, and modified as to class claim and class relief; Justice Wheat - dissent by Justice Baker, joined by Justice Rice; dissent by Justice McKinnon Aug 29, 2013 12:27 PM Opinion

Event - Oral Argument Presented - Justice Rice was not present but will participate by audio recording. Robert H. King, Jr. argued for the Appellant and Lawrence A. Anderson argued for the Appellee. The matter was taken under advisement at 10:42 a.m May 8, 2013 1:50 PM Event

Notice of Firm Name Change (Dentons US LLP) Apr 23, 2013 2:23 PM Notice

Notice - Outgoing - Oral Argument Scheduled Mar 14, 2013 9:47 AM Notice - Outgoing

Order - Re-Classified - Oral Argument. Wednesday, May 8, 2013 at 9:30 a.m Mar 13, 2013 9:44 AM Classifying Notice

Order - Classified - Five Justice Panel Nov 8, 2012 1:06 PM Classifying Notice

Event - Case Sent to Court Sep 18, 2012 2:13 PM Classifying Notice

Brief - Appellant Reply Sep 18, 2012 2:09 PM Appellant Reply Brief

Order - Denying filing of an over-length reply brief Sep 6, 2012 4:00 PM Order - Other

Event - Sent to Court-Pleading Sep 5, 2012 2:18 PM Event

Appellee's Response to Appellant's Motion for Order Permitting Over-Length Reply Brief Sep 5, 2012 2:11 PM Other

Motion for Order Permitting Over-length Reply Brief - holding for response Aug 24, 2012 3:14 PM Motion

Notice - Incoming - Errata - Appellee's Brief Aug 15, 2012 11:36 AM Notice - Incoming

Order - Grant - Extension of Time until 9/19/2012 to file APPELLANT'S REPLY brief Aug 8, 2012 3:35 PM Order - Extension

Motion - Opposed - Extension of Time - Appellant's Reply Brief - sent to court Aug 8, 2012 10:19 AM Motion

Brief - Appellee Aug 6, 2012 4:34 PM Appellee Response Brief

Brief - Amicus (United Policyholders) Aug 1, 2012 4:50 PM Amicus Brief

Order - Appellee Motion to file an over-length is GRANTED. Appellee may file a response brief not to exceed 12,500 words Jul 24, 2012 12:07 PM Order - Other

Motion - Appellee Unopposed - Brief - Enlarged (sent to court) Jul 24, 2012 9:54 AM Motion

Order - the motion for Leslie Ann Scalley and William F. Merlin, Jr., to appear pro hac vice is GRANTED Jul 18, 2012 3:39 PM Order - Other

Motion - Unopposed - Pro Hac Vice - State Bar Certification and Application (sent to court) Jul 18, 2012 12:46 PM Motion

Motion - Unopposed - Pro Hac Vice - State Bar Certification and Application (Leslie Anne Scalley) Copy to Court Jul 16, 2012 4:19 PM Motion

Motion - Unopposed - Pro Hac Vice - State Bar Certification and Application (William Merlin, Jr.) Copy to Court Jul 16, 2012 4:18 PM Motion

Order - United Policyholders is granted until 8/6/12 to file its amicus brief Jul 16, 2012 3:40 PM Order - Other

Motion - Unopposed - Amicus - Leave to Participate UNITED POLICYHOLDERS (copies to court) Jul 13, 2012 10:24 AM Motion

Extension - Grant of Extension Jun 28, 2012 2:38 PM Extension

Motion - Unopposed - Extension of Time - Brief Jun 28, 2012 11:19 AM Motion

Brief - Amicus (Chamber of Commerce of the US) Jun 20, 2012 3:29 PM Amicus Brief

Order - Robin S. Conrad and Gene C. Schaerr are admitted to practice pro hac vice Jun 15, 2012 12:55 PM Order - Other

Motion - Unopposed - Pro Hac Vice with supplemental brief of support- copies to court Jun 15, 2012 11:55 AM Motion

Motion - Unopposed - Pro Hac Vice (Gene C. Shaerr) - sent to court Jun 14, 2012 9:45 AM Motion

Motion - Unopposed - Pro Hac Vice (Robin S. Conrad) - sent to court Jun 14, 2012 9:18 AM Motion

Order - The motion to appear amicus from the Chamber of Commerce of the United States of America (The Chamber) is GRANTED; the brief is to be filed by 6/20/12 Jun 7, 2012 4:22 PM Order - Other

Motion - Unopposed - Amicus -Leave to Participate (Chamber of Commerce of the United States) Copies to Court Jun 7, 2012 12:43 PM Motion

Brief - Appellant Jun 6, 2012 11:57 AM Appellant Opening Brief

Order - Allstate is allowed to file an opening brief not to exceed 12,500 words May 9, 2012 9:00 AM Order - Other

Extension - Grant of Extension until June 6, 2012, to file Appellant's opening brief Apr 26, 2012 4:47 PM Extension

Motion - Unopposed - Extension of Time - Brief (Appellant) Apr 26, 2012 3:46 PM Motion

Event - Sent to Court-Pleading (Motion for Overlength Brief and Objection) Apr 25, 2012 11:39 AM Event

Objection - to Motion for Overlength Brief Apr 24, 2012 11:34 AM Objection

Motion - Opposed - Brief - Enlarged (Appellant). hold for response Apr 17, 2012 12:43 PM Motion

Notice - Outgoing - District Court Record Filed Apr 6, 2012 10:53 AM Record

Record - DC Record ADV 03-0201(d) consisting of (20) manila file folders, (1) brown accordian file labeled file #21, and (3) manila accordian files labeled Discovery Filed Apr 6, 2012 10:49 AM Record

Notice - Outgoing - Transcript Filed Mar 30, 2012 11:01 AM Transcript

Record - Transcript Filed - 1 condensed Transcript w/DVD of January 27, 2011 Motions Hearing Mar 30, 2012 10:49 AM Record

Notice - Outgoing - Appearance Fee Paid Feb 28, 2012 3:16 PM Notice - Outgoing

Fees - Appearance Fee Received Feb 28, 2012 3:15 PM Fees

Copy of Notice - Incoming - Transcripts Deemed Necessary Feb 28, 2012 3:12 PM Other

Notice - Outgoing - Appeal Notice Feb 28, 2012 2:45 PM Notice - Outgoing