Diaz v. State

DA 12-0654 ·Direct Appeal ·Civil ·Closed
Docket DA 12-0654
Type Direct Appeal — Other
Classification Civil
Outcome Reversed
Lower court case BDV-2008-956
Lower court judge Hon. Jeffrey M. Sherlock

Key dates

Closed Nov 25, 2013
Classified Aug 28, 2013
Appeal filed Oct 30, 2012
Record filed Mar 27, 2013
Briefing ended Jul 11, 2013
Opinion issued Nov 6, 2013
Briefing started Mar 27, 2013
Sent to the court Jul 12, 2013
Submitted for decision Jul 12, 2013
Appellant Reply Brief Filed Jul 11, 2013
Appellant Opening Brief Filed May 22, 2013
Appellee Response Brief Filed Jun 20, 2013

Calculated

from the docket dates
Appeal filed to briefing start 148
Briefing days 105
Briefing start to opening brief filed 56
Classified to Opinion 70
Close of briefing to sent to court 1
Filing date to Opinion 372
Filing date to closed 391
Opening to response 28
Opinion to closed 18
Response to reply 20
Sent to court to classified 47
Submitted for decision to Opinion 117

Tags

Closed Final Order Issued Five Justice Panel Published opinion Reversed

Parties

Appellant
State of Montana
Represented by Timothy Charles Fox
Other
Blue Cross and Blue Shield of Montana, Inc.
Represented by Michael F. McMahon
Appellee
Jeanette Diaz
Represented by Scott Louis Peterson
Appellee
Leah Hoffmann-Bernhardt
Represented by Jory C. Ruggiero
Other
New West Health Services
Represented by Leo Sean Ward

Opinion

Diaz v. State, 2013 MT 331

Reversed on November 6, 2013, in a 4 to 0 with 3 concurring published opinion.

Events

most recent first
Record - DC Record Return Card Filed Dec 16, 2013 3:16 PM Record
Record - DC Record Returned to District Court Nov 25, 2013 10:55 AM Record
Event - Case Closed Nov 25, 2013 10:43 AM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Nov 25, 2013 10:39 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Nov 25, 2013 10:33 AM Closing Notice
Opinion - Published - Chief Justice McGrath - Affirmed and Remanded Nov 6, 2013 4:08 PM Opinion
Order - Classified - Five Justice Panel Aug 28, 2013 12:19 PM Classifying Notice
Event - Case Sent to Court Jul 12, 2013 10:04 AM Classifying Notice
Brief - Appellant Reply Jul 11, 2013 10:00 AM Appellant Reply Brief
Extension - Grant of Extension until 7/12/2013 to file Appellant's Reply Brief Jun 26, 2013 4:40 PM Extension
Motion - Extension of Time - Appellant's Reply Brief Jun 26, 2013 3:51 PM Motion
Brief - Appellee (filed on behalf of representative plaintiffs Diaz and Hoffmann-Bernhardt individually and on behalf of other similarly situated) Jun 20, 2013 11:04 AM Appellee Response Brief
Brief - Appellant (State of Montana) May 22, 2013 4:56 PM Appellant Opening Brief
Extension - Grant of Extension to May 28, 2013 to file Appellant's brief Apr 19, 2013 2:40 PM Extension
Motion - Unopposed - Extension of Time - Appellant's Brief Apr 19, 2013 2:10 PM Motion
Notice - Outgoing - District Court Record Filed Mar 27, 2013 4:01 PM Record
Record - DC Record Filed in DA 12-0654 (8 file folders; 1 envelope of exhibits; and 1 vol. condensed transcript from May 15, 2012) Mar 27, 2013 3:29 PM Record
Order - Diaz's motion to dismiss the appeal is DENIED Nov 27, 2012 8:33 AM Final Order
Event - Sent to Court-Pleading (motion to dismiss; objection) Nov 19, 2012 1:17 PM Event
Response/Objection - Motion (to dismiss) Nov 19, 2012 1:04 PM Response
Motion - Opposed - Dismiss - Appellee's. held for objection Nov 7, 2012 4:25 PM Motion
Order - pursuant to Rule 4(4)(b), this appeal shall proceed in accordance with the Rules of Appellate Procedure Nov 7, 2012 3:07 PM Order - Other
Notice - Outgoing - Appeal Notice Oct 30, 2012 10:48 AM Notice - Outgoing
Notice - Incoming - Notice of Appeal with Rule 54(b) Certification - copies to court Oct 30, 2012 9:56 AM Notice - Incoming