State DNRC v. Avista Corp

DA 21-0596 ·Direct Appeal ·Civil ·Closed
Docket DA 21-0596
Type Direct Appeal — Declaratory Judgment
Classification Civil
Outcome Affirmed in part, reversed in part
Lower court case ADV-2004-846
Lower court judge Hon. Mike Menahan

Key dates

Closed Jan 27, 2023
Classified Nov 2, 2022
Appeal filed Nov 23, 2021
Record filed Feb 24, 2022
Briefing ended Jun 14, 2022
Opinion issued Jan 10, 2023
Briefing started Mar 7, 2022
Transcript filed Mar 7, 2022
Sent to the court Sep 29, 2022
Submitted for decision Sep 29, 2022
Appellant Reply Brief Filed Jun 14, 2022
Appellant Opening Brief Filed Mar 29, 2022
Appellee Response Brief Filed May 31, 2022

Calculated

from the docket dates
Appeal filed to briefing start 104
Briefing days 99
Briefing start to opening brief filed 22
Classified to Opinion 69
Close of briefing to sent to court 107
Filing date to Opinion 413
Filing date to closed 430
Opening to response 62
Opinion to closed 16
Response to reply 13
Sent to court to classified 33
Submitted for decision to Opinion 102

Tags

Affirmed in part, reversed in part Amended/corrected opinion Closed Final Order Issued Five Justice Panel Published opinion

Parties

Appellee
State of Montana
Represented by Emily Jones
Appellee
Department of Natural Resources and Conservation
Represented by Brian C. Bramblett
Appellant
Avista Corporation
Represented by William Christopher Schroeder

Opinion

State DNRC v. Avista Corp, 2023 MT 6

Affirmed in part, reversed in part on January 10, 2023, in a 5 to 0 published opinion.

Events

most recent first
Event - Case Closed - electronic record Jan 27, 2023 12:08 PM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Jan 27, 2023 12:06 PM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Jan 27, 2023 12:04 PM Closing Notice
Opinion - Published - Justice Rice - Affirmed in Part, Reversed in Part and Remanded for entry of an amended judgment consistent with this Opinion Jan 10, 2023 3:05 PM Opinion
Notice - Incoming - Attorney Substitution/Withdrawal - Brent Mead and Emily Jones are substituted for David M.S. Dewhirst and Timothy Longfield Nov 3, 2022 3:23 PM Notice - Incoming
Order - Classified - Five Justice Panel Nov 2, 2022 11:38 AM Classifying Notice
Event - Case Sent to Court - Supplemental Briefing Sep 29, 2022 4:18 PM Classifying Notice
Notice - Outgoing - Appellant's Supplemental Brief Filed Sep 13, 2022 12:58 PM Notice - Outgoing
Notice - Outgoing - Appellees' Supplemental Brief Filed Sep 13, 2022 12:57 PM Notice - Outgoing
Appellant's Brief - Supplemental Sep 12, 2022 8:54 PM Other
Appellees' Brief - Supplemental Sep 12, 2022 4:20 PM Other
Order - Grant - IT IS HEREBY ORDERED that the parties are granted an extension until September 12, 2022 to file their supplemental briefs Aug 9, 2022 11:41 AM Order - Extension
Motion - Unopposed - Extension of Time - Supplemental Brief Aug 9, 2022 9:50 AM Motion
Order - Briefing - the parties have 30 days from the date of this Order in which to file simultaneous supplemental briefs, with instructions Jul 28, 2022 11:52 AM Order - Other
Corrected Notice of Appearance - Longfield for State of Montana Jul 19, 2022 12:00 PM Other
Notice - Incoming - Appearance of Timothy Longfield as counsel for the State of Montana replacing Pat Risken Jul 19, 2022 8:15 AM Notice - Incoming
Event - Case Sent to Court Jun 14, 2022 4:50 PM Classifying Notice
Notice - Outgoing - Appellant's Reply Brief Filed Jun 14, 2022 4:45 PM Notice - Outgoing
Brief - Appellant Reply Jun 14, 2022 2:13 PM Appellant Reply Brief
Notice - Outgoing - Appellee's Brief Filed Jun 1, 2022 10:49 AM Notice - Outgoing
Brief - Appellee's Response May 31, 2022 4:00 PM Appellee Response Brief
Extension - Grant of Extension - Appellees are given until May 28, 2022 to file their response brief Apr 25, 2022 8:11 AM Extension
Motion - Unopposed - Extension of Time - Appellee's Brief (First Request 30 Days) Apr 22, 2022 4:23 PM Motion
Notice - Outgoing - Appellant's Brief Filed Mar 30, 2022 2:10 PM Notice - Outgoing
Brief - Appellant's Opening Mar 29, 2022 4:56 PM Appellant Opening Brief
Order - Deficiencies-Appellant's Brief - within ten (10) days of the date of this Order the Appellant shall electronically file with the Clerk of this Court a revised brief containing the revisions necessary to comply with the specified Rule and that the Appellant shall serve copies of the revised brief on all parties of record Mar 28, 2022 10:14 AM Order - Deficiency
Notice - Outgoing - Transcript Filed Mar 7, 2022 9:36 AM Transcript
Electronic Transcript Filed of June 18, 3021 hearing Mar 7, 2022 9:10 AM Other
Notice - Outgoing - District Court Record Filed Feb 24, 2022 8:24 AM Record
DC Record Filed for Cause No. ADV 2018-1445 consisting of electronic documents 1-599 and Case Register Report Feb 24, 2022 8:20 AM Record
Rulings - Other Courts - Order-Granting Extension of Time to Prepare Transcript to February 22, 2022 Jan 26, 2022 3:32 PM Ruling
Notice - Outgoing - Appeal Notice Nov 23, 2021 4:42 PM Notice - Outgoing
Notice - Incoming - Transcripts Deemed Necessary Nov 23, 2021 4:42 PM Notice - Incoming
Notice of Appeal Filed Nov 23, 2021 4:30 PM Notice
Fees - Filing Fee Paid (E-Filing) Nov 23, 2021 4:30 PM Fees