Diaz v. State

DA 12-0432 ·Direct Appeal ·Civil ·Closed
Docket DA 12-0432
Type Direct Appeal — Declaratory Judgment
Classification Civil
Outcome Affirmed
Lower court case BDV 2008-956
Lower court judge Hon. Jeffrey M. Sherlock

Key dates

Closed Sep 18, 2013
Classified May 28, 2013
Appeal filed Jul 18, 2012
Record filed Oct 17, 2012
Briefing ended Mar 12, 2013
Opinion issued Aug 6, 2013
Briefing started Oct 17, 2012
Rehearing denied Sep 17, 2013
Sent to the court Mar 13, 2013
Rehearing requested Aug 20, 2013
Submitted for decision Mar 13, 2013
Appellant Reply Brief Filed Mar 12, 2013
Appellant Opening Brief Filed Dec 13, 2012
Appellee Response Brief Filed Feb 14, 2013

Calculated

from the docket dates
Appeal filed to briefing start 91
Briefing days 145
Briefing start to opening brief filed 57
Classified to Opinion 70
Close of briefing to sent to court 1
Filing date to Opinion 384
Filing date to closed 427
Opening to response 62
Opinion to closed 42
Response to reply 25
Sent to court to classified 76
Submitted for decision to Opinion 146

Tags

Affirmed Closed En Banc Opinion synopsis issued Published opinion Rehearing denied Rehearing requested

Parties

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

Opinion

Diaz v. State, 2013 MT 219

Affirmed on August 6, 2013, in a 6 to 1 published opinion.

Events

most recent first
District Court Record transferred to pending appeal under DA 12-0654 Sep 18, 2013 10:22 AM Other
Event - Case Closed Sep 18, 2013 10:20 AM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Sep 18, 2013 10:00 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Sep 18, 2013 9:58 AM Closing Notice
Order - Deny-Petition for Rehearing Sep 17, 2013 9:50 AM Order - Petition for Rehearing Denied
Event - Sent to Court-Pleading Sep 10, 2013 9:30 AM Event
Petition - Rehearing. held for objection Aug 20, 2013 1:27 PM Petition
Opinion - Synopsis of Opinion Aug 6, 2013 4:34 PM Synopsis
Opinion - Published - Baker, affirmed Aug 6, 2013 4:28 PM Opinion
Order - the caption in the Surpeme Court is modified to include only the State of Montana as Defendant and Appellee Aug 6, 2013 4:23 PM Order - Other
Order - Classified - En Banc May 28, 2013 1:27 PM Classifying Notice
Notice of Similar Pending Case. copies to Court Mar 27, 2013 1:25 PM Notice
Event - Case Sent to Court Mar 13, 2013 8:22 AM Classifying Notice
Brief - Appellant Reply Mar 12, 2013 8:19 AM Appellant Reply Brief
Order - the motion to file an additional transcript is granted and the transcript from the 8/24 & 8/25/09 hearing shall be filed Mar 11, 2013 9:55 AM Order - Other
Motion - Unopposed - to File an Additional Transcript. sent to Court Mar 8, 2013 2:30 PM Motion
Order - the motion to fix errata is GRANTED Mar 4, 2013 2:56 PM Order - Other
Motion - Unopposed Motion to Fix Errata. sent to Court Mar 1, 2013 10:37 AM Motion
Extension - Grant of Extension until 3/13/2013 to file APPELLANT'S REPLY Brief Feb 26, 2013 10:32 AM Extension
Motion - Extension of Time - Appellant's Reply Brief Feb 25, 2013 4:59 PM Motion
Brief - Appellee Feb 14, 2013 8:54 AM Appellee Response Brief
Extension - Grant of Extension to February 15, 2013 to file Appellee's Brief Jan 8, 2013 2:59 PM Extension
Motion - Unopposed - Extension of Time - Appellee's Brief Jan 8, 2013 2:48 PM Motion
Brief - Appellant Dec 13, 2012 4:44 PM Appellant Opening Brief
Extension - Grant of Extension to December 14, 2012 to file Appellant's opening brief Nov 15, 2012 4:40 PM Extension
Motion - Unopposed - Extension of Time - Appellant's Brief Nov 15, 2012 2:27 PM Motion
Notice - Outgoing - District Court Record Filed Oct 17, 2012 11:28 AM Record
Record - DC Record/Exhibits/Transcript Filed (8 file folders; 1 envelope of exhibits; and 1 vol. condensed transcript from May 15, 2012) Oct 16, 2012 11:21 AM Record
Notice - Outgoing - Appeal Notice Jul 19, 2012 2:21 PM Notice - Outgoing
Fees - Appearance Fee Received Jul 18, 2012 2:18 PM Fees
Notice - Incoming - Notice of Appeal Filed Jul 18, 2012 2:17 PM Notice - Incoming