Runstrom v. Allen

DA 06-0464 ·Direct Appeal ·Civil ·Closed
Docket DA 06-0464
Type Direct Appeal — Medical Malpractice
Classification Civil
Outcome Affirmed
Lower court case CDV-05-511
Lower court judge Hon. Kenneth R. Neill

Key dates

Closed Aug 28, 2008
Classified Jul 18, 2007
Appeal filed Jul 3, 2006
Record filed Sep 15, 2006
Briefing ended Jan 25, 2007
Opinion issued Aug 11, 2008
Briefing started Sep 15, 2006
Sent to the court Jan 25, 2007
Submitted for decision Jan 25, 2007
Appellant Reply Brief Filed Jan 25, 2007
Appellant Opening Brief Filed Nov 15, 2006
Appellee Response Brief Filed Feb 28, 2007

Calculated

from the docket dates
Appeal filed to briefing start 74
Briefing days 132
Briefing start to opening brief filed 61
Classified to Opinion 390
Close of briefing to sent to court 0
Filing date to Opinion 770
Filing date to closed 787
Opening to response 104
Opinion to closed 17
Response to reply 33
Sent to court to classified 173
Submitted for decision to Opinion 563

Tags

Affirmed Amicus requested Closed En Banc Final Order Issued Published opinion Subject to Mediation

Parties

Appellant
Edward D. Runstrom
Represented by Douglas A. Buxbaum
Appellee
Jake Allen, M.D.
Represented by John H. Maynard
Appellant
Nancy Runstrom
Represented by Douglas A. Buxbaum

Opinion

Runstrom v. Allen, 2008 MT 281

Affirmed on August 11, 2008, in a 5 to 2 published opinion.

Events

most recent first
Event - Case Closed Aug 28, 2008 4:34 PM Closing Notice
Record - DC Record Returned to District Court Aug 28, 2008 4:34 PM Record
Notice - Outgoing - Remittitur Issued Aug 28, 2008 3:14 PM Closing Notice
Opinion - Published - Gray, affirmed Aug 11, 2008 11:30 AM Opinion
Order - Classified - En Banc Jul 18, 2007 10:32 AM Classifying Notice
Brief - Supplemental Respondent's Brief Feb 28, 2007 9:24 AM Appellee Response Brief
Order - the motion to strike is DENIED. The motion for supplemental briefing is GRANTED. Within 14 days, Allen shall submit a brief addressing only the retroactivity issue and shall not exceed 2000 words. No further briefing shall be permitted Feb 14, 2007 10:30 AM Order - Other
Event - Sent to Court-Pleadings; Motion to Strike and Response to Motion Feb 2, 2007 2:04 PM Event
Response/Objection - Motion to Strike or allow Supplemental Briefing. copies to Court Feb 2, 2007 1:49 PM Response
Motion - Opposed -to Strike issues raised in Appellants' Reply Brief, or to allow Supplemental Briefing. holding for objection Jan 29, 2007 9:03 AM Motion
Event - Case Sent to Court Jan 25, 2007 3:58 PM Classifying Notice
Brief - Appellant Reply Jan 25, 2007 3:56 PM Appellant Reply Brief
Order - Grant - Extension of Time - Appellants are granted until 1/26/07 to file their reply brief Dec 29, 2006 1:53 PM Order - Extension
Motion - Unopposed - Extension of Time - Brief (Appellant's Reply) sent to Court Dec 28, 2006 9:16 AM Motion
Brief - Respondent Dec 18, 2006 9:48 AM Appellee Response Brief
Brief - Amicus (Montana Trial Lawyers Assn) Nov 29, 2006 2:35 PM Amicus Brief
Order - the uncontested motion for leave to participate as amicus curiae by MTLA is GRANTED Nov 29, 2006 10:47 AM Order - Other
Appendix to Appellant's Brief Nov 21, 2006 11:37 AM Other
Notice - Outgoing - Notice of Failure to Provide Issues / Form Sent (Issue form was filed on 7/3/96) Nov 15, 2006 4:21 PM Notice - Outgoing
Brief - Appellant Nov 15, 2006 4:17 PM Appellant Opening Brief
Order - Deficiencies-Brief - within 10 days appellants shal file 9 copies of the judgment/order and serve one copy on counsel Nov 15, 2006 3:46 PM Order - Deficiency
Motion - Unopposed - Amicus - Leave to Participate and to file brief by 11/21/06. (MTLA, Wm. Rossbach) copies sent to Court Nov 15, 2006 10:55 AM Motion
Order - Grant - Extension of Time. Appellant's Brief due 11/15/06 Oct 12, 2006 11:44 AM Order - Extension
Motion - Unopposed - Extension of Time - Brief (Appellants) sent to Court Oct 10, 2006 9:31 AM Motion
Order: Pursuant to stipulation, Benefis Healthcare, Inc. is hereby dismissed Oct 4, 2006 10:29 AM Final Order
Motion to dismiss Benefiss Healthcare, Inc. To Court Oct 3, 2006 10:37 AM Motion
Notice - Outgoing - Appearance Fee Paid Sep 26, 2006 3:44 PM Notice - Outgoing
Fees - Appearance Fee Received Sep 26, 2006 3:43 PM Fees
Mediation - Copy of Amended Mediators Report - Case Settled as to Respondent, Benefis Health Care, but NOT SETTLED as to Respondent JAKE ALLEN, M.D.. Settlement agreement to be filed by 09/21/06. Corresponding stipulation for dismissal of appeal to be filed within 15 days of Sept. 15, 2006 Sep 18, 2006 4:35 PM Mediation
Notice - Outgoing - Appearance Fee Due Sep 15, 2006 11:54 AM Notice - Outgoing
Notice - Outgoing - District Court Record Filed Sep 15, 2006 11:49 AM Record
Record - DC Record Filed (2 folders; 1 original transcript w/2 copies) Sep 15, 2006 11:49 AM Record
Mediation - Mediators Report - Case Settled as to Respondent, Benefis Health Care, but NOT SETTLED as to Respondent JAKE ALLEN, M.D Sep 15, 2006 10:27 AM Mediation
Order - Tracy Axelberg shall be substituted for David Stufft to serve as Mediator Aug 16, 2006 4:26 PM Order - Other
Motion - Unopposed - Substitute Mediator. (copy to court 08/01/06) Jul 28, 2006 10:29 AM Motion
Rulings - Other Courts - Order-Granting Extension of Time to Prepare Transcript until 09/18/06 Jul 26, 2006 11:57 AM Ruling
Mediation - Stipulation Selecting Mediator Jul 25, 2006 2:07 PM Mediation
Mediation - Order Appointing Mediator (David Stufft) Jul 6, 2006 3:54 PM Mediation
Notice - Outgoing - Appeal Notice Jul 3, 2006 11:40 AM Notice - Outgoing
Notice - Incoming - Case Issues - Appellant Jul 3, 2006 11:39 AM Notice - Incoming
Mediation - Case Subject to Mediation Jul 3, 2006 11:37 AM Mediation
Notice - Incoming - Notice of Appeal Filed Jun 15, 2006 11:36 AM Notice - Incoming