Ellingson v. State

DA 25-0142 ·Direct Appeal ·Civil ·Open
Docket DA 25-0142
Type Direct Appeal — Declaratory Judgment
Classification Civil
Lower court case DV-25-2023-388

Key dates

Appeal filed Feb 18, 2025
Cross Appeal Filed Feb 19, 2025
Record filed Feb 24, 2025
Briefing started Feb 24, 2025
Appellant Opening Brief Filed Apr 25, 2025
Appellee Response Brief Filed Jul 15, 2025
Appellant Reply Brief Filed Sep 15, 2025
Cross Reply Brief Filed Sep 29, 2025
Briefing ended Sep 29, 2025
Sent to the court Sep 30, 2025
Classified Dec 11, 2025
Oral argument Apr 10, 2026
Submitted for decision Apr 10, 2026

Calculated

from the docket dates
Appeal filed to briefing start 6
Briefing days 216
Briefing start to opening brief filed 60
Close of briefing to sent to court 1
Days awaiting a decision 143
Days since filed 560
Opening to response 81
Reply to cross reply 75
Response to reply 62
Sent to court to classified 71
Sent to court to oral argument 192

Tags

Amicus requested Cross Appeal Filed En Banc Final Order Issued Open Oral Argument

Parties

Appellant
State of Montana
Represented by Brent A. Mead Michael Noonan Michael D. Russell
Appellant
Austin Miles Knudsen
Represented by Brent A. Mead Michael Noonan Michael D. Russell
Appellant
Christi Jacobsen
Represented by Brent A. Mead Michael Noonan Michael D. Russell
Appellant
Greg Gianforte
Represented by Brent A. Mead Michael Noonan Michael D. Russell
Appellee
Arlyne Reichert
Represented by John Phillip Meyer
Cross Appellant
Jonathan Motl
Represented by John Phillip Meyer
Cross Appellant
Bob Brown
Represented by John Phillip Meyer
Cross Appellant
Mae Nan Ellingson
Represented by John Phillip Meyer
Cross Appellant
C.B. Pearson
Represented by John Phillip Meyer
Cross Appellant
Carole Mackin
Represented by John Phillip Meyer
Cross Appellant
Evan Barrett
Represented by John Phillip Meyer
Cross Appellant
Hal Harper
Represented by John Phillip Meyer
Cross Appellant
Jerome T. Loendorf
Represented by John Phillip Meyer
Cross Appellant
Mark Mackin
Represented by John Phillip Meyer

Events

most recent first
Event - Oral Argument Presented - Brent Mead argued for the appellant and Dale Schowengerdt argued for amici. John Phillip Meyer argued for the Appellee and Robert Farris Olsen argued for Amici. The matter was submitted at 11:18 a.m Apr 10, 2026 3:25 PM Event
Event - Sent to Court-Pleading Apr 2, 2026 12:17 PM Event
Notice - Incoming - Other - CORRECTED NOTICE OF ORAL ARGUMENT PARTICIPATION OF AMICI CURIAE - Robert Farris-Olsen, counsel for amici curiae Planned Parenthood Advocates of Montana (PPAMT) and Montana Public Interest Research Group (MontPIRG) - will present argument in support of Appellants on April 10, 2026 Mar 31, 2026 9:31 AM Notice - Incoming
Event - Sent to Court-Pleading Mar 30, 2026 3:04 PM Event
Notice - Incoming - Notice of Oral Argument Participation of Amici Curia in Support of Appellants - Planned Parenthood Advocates of Montana (PPAMT) and Montana Public Interest Research Group (MontPIRG) will present argument in support of Appellants on April 10, 2026, at the Dennison Theatre in Missoula Mar 30, 2026 2:20 PM Notice - Incoming
Notice - Incoming - Notice of Oral Argument Participation of Amicus Curiae in support of Appellants Mar 26, 2026 10:41 AM Notice - Incoming
Notice - Incoming - Attorney Substitution/Withdrawal - Timothy Longfellow withdraws as counsel for Defendants Jan 30, 2026 5:51 PM Notice - Incoming
Notice - Incoming - Receipt of Oral Argument - Robert Farris-Olsen Dec 17, 2025 4:14 PM Notice - Incoming
Notice - Incoming - Receipt of Oral Argument - John P. Meyer Dec 15, 2025 12:27 PM Notice - Incoming
Notice - Incoming - Receipt of Oral Argument - Brent Mead Dec 15, 2025 9:40 AM Notice - Incoming
Amended Notice - Outgoing - Oral Argument Scheduled Dec 12, 2025 4:00 PM Other
Notice - Outgoing - Oral Argument Scheduled Dec 11, 2025 4:32 PM Notice - Outgoing
Order - This cause is classified for oral argument before the Court sitting en banc and is hereby set for argument on Friday, April 10, 2026, at 10:00 a.m. at the Dennison Theatre on the campus of University of Montana, Missoula, Montana, with an introduction to the oral argument beginning at 9:30 a.m. Oral argument times in this cause number shall be forty (40) minutes for Appellants and thirty (30) minutes for Appellees. The Court will not entertain any motions to reschedule Dec 11, 2025 1:36 PM Classifying Notice
Event - Case Sent to Court Sep 30, 2025 2:00 PM Classifying Notice
Notice - Outgoing - Cross Appellant Reply Brief Filed Sep 29, 2025 12:16 PM Notice - Outgoing
Brief - Cross Appellant Reply Sep 29, 2025 10:05 AM Cross Reply Brief
Notice - Outgoing - Brief Filed Sep 16, 2025 9:18 AM Notice - Outgoing
Brief - Appellant Reply and Answer to Cross Appeal Sep 15, 2025 4:56 PM Appellant Reply Brief
Order - Appellants/Cross-Appellees are granted an extension of time to and including September 15, 2025, to prepare, serve and file their combined answer/reply brief. No further extensions will be granted Aug 7, 2025 3:56 PM Order - Extension
Motion - Unopposed - Extension of Time - Appellees/Cross-Appellants Brief Aug 7, 2025 2:55 PM Motion
Notice - Outgoing - Appellee and Cross-Appellant's Brief Filed Jul 16, 2025 8:13 AM Notice - Outgoing
Brief - Appellee and Cross-Appellant Jul 15, 2025 4:44 PM Appellee Response Brief
Order - IT IS ORDERED that the referenced brief is rejected. Within 10 days the Appellee shall file a revised brief containing the revisions necessary shall serve copies of the revised brief on all parties of record; No changes, additions, or deletions may be made to the brief as originally filed; and the times for any subsequent briefing shall run from the date of filing of the revised brief Jul 8, 2025 2:18 PM Order - Other
Order - IT IS ORDERED that the referenced brief is rejected. Within 10 days the Appellee shall electronically file with the Clerk of this Court a revised brief containing the revisions necessary and the Appellee shall serve copies of the revised brief on all parties of record; No changes, additions, or deletions other than those specified may be made to the brief as originally filed; and the times for any subsequent briefing shall run from the date of filing of the revised brief Jun 27, 2025 4:37 PM Order - Other
Notice - Outgoing - Planned Parenthood Advocates of Montana and Montana Public Interest Research Group Brief Filed Jun 26, 2025 1:37 PM Notice - Outgoing
Order - IT IS ORDERED that the referenced brief is rejected. IT IS FURTHER ORDERED that within ten (10) days of the date of this Order the Appellee shall electronically file with the Clerk of this Court a revised brief containing the revisions necessary. IT IS FURTHER ORDERED that the times for any subsequent briefing contained in M. R. App. P. 13 shall run from the date of filing of the revised brief Jun 26, 2025 11:36 AM Order - Other
Brief - Amicus - Planned Parenthood Advocates of Montana and Montana Public Interest Research Group Jun 25, 2025 4:33 PM Amicus Brief
Order - IT IS HEREBY ORDERED that the motion to file an amicus brief is GRANTED. IT IS FURTHER ORDERED that PPAMT and MontPIRG's amicus brief shall be filed on or before June 25, 2025 Jun 20, 2025 3:12 PM Order - Other
Motion - Unopposed - Amicus - Leave to Participate - Planned Parenthood Advocates of Montana and Montana Public Interest Research Group Jun 20, 2025 1:49 PM Motion
Extension - Appellees are granted an extension of time to and including June 25, 2025, to prepare, serve and file their opening brief May 6, 2025 3:23 PM Extension
Motion - Unopposed - Extension of Time - Appellee's Brief (First Request 30 Days) May 6, 2025 3:09 PM Motion
Notice - Outgoing - Brief Filed May 2, 2025 10:32 AM Notice - Outgoing
Brief - Combined Amicus for MT Chamber of Commerce, MT Farm Bureau, MT Wood Products, MT Bankers, and MT Association of Realtors May 2, 2025 9:44 AM Amicus Brief
Notice - Outgoing - Brief Filed Apr 25, 2025 4:53 PM Notice - Outgoing
Brief - Appellant's Opening Apr 25, 2025 4:22 PM Appellant Opening Brief
Order - The Montana Chamber of Commerce, Montana Farm Bureau Federation, Montana Wood Products Association, and Montana Bankers Association ("business amici") have until May 2, 2025, to file their brief Apr 10, 2025 5:04 PM Order - Other
Motion - Unopposed - Amicus - Leave to Participate - Montana Bankers Association, Montana Chamber of Commerce, Montana Farm Bureau Federation, Montana Wood Products Association Apr 10, 2025 3:43 PM Motion
Grant - Appellants are granted an extension of time to and including April 25, 2025, to prepare, serve and file their opening brief Mar 12, 2025 10:32 AM Other
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) - Appellant's Opening Mar 11, 2025 5:04 PM Motion
Notice - Outgoing - District Court Record Filed Feb 24, 2025 3:33 PM Record
Record - Electronic DC Record Filed for Cause No. DV 2023-0388 consisting of documents 1 thru 74 and the case register Feb 24, 2025 3:32 PM Record
Notice - Incoming - Amended Notice of Cross-Appeal Filed Feb 20, 2025 3:32 PM Notice - Incoming
Notice - Outgoing - Cross Appeal Notice Feb 19, 2025 9:12 AM Notice - Outgoing
Notice - Incoming - Notice of Cross Appeal Feb 18, 2025 6:10 PM Notice - Incoming
Fees - Filing Fee Paid (E-Filing) Feb 18, 2025 6:10 PM Fees
Notice - Outgoing - Appeal Notice Feb 18, 2025 4:15 PM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Feb 18, 2025 3:08 PM Notice - Incoming