Braylon Seifert v. Kay M. Balink, M.D.

Appeal Number 2014AP000195

Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
OCCD
SC
03-16-2017
Remittitur

OCCD
SC
01-31-2017
Attorney Change
Comment: Updated address for Attorney Lynn Laufenberg upon return of SC decision. Resent to address found on WisBar

OCCD
SC
01-26-2017
Motion for Reconsideration
Filed By: Brent Simerson
Submit Date: 2-7-2017
Decision: (D) Deny
Decision Date: 3-14-2017
ORD that the motion for reconsideration is denied. $50 costs.
Motion Response
Filed By: Kenneth Levine
Submit Date: 2-7-2017

OCCD
SC
01-06-2017
Cites
888 N.W.2d 816

OCCD
SC
01-06-2017
Cites
372 Wis. 2d 525

OCCD
SC
01-06-2017
Judge Panel: Roggensack, Abrahamson, Bradley, Ziegler, Gableman, Bradley, Kelly
Opinion: Opinion
Decision: Affirmed Pages: 65
Written by: Abrahamson, Shirley S.
Ziegler, Annette K. Wrote Concurring Opinion 16 pages.
Gableman, Michael J. Wrote Concurring Opinion 31 pages.
Roggensack, Patience Drake Joined Concurring Opinion
Bradley, Rebecca Grassl Joined Dissenting Opinion
Kelly, Daniel Wrote Dissenting Opinion 20 pages.
Order Text: The decision of the court of appeals is affirmed.

OCCD
SC
01-04-2017
Public Domain Citation
Comment: PDC No: 2017 WI 2

OCCD
SC
11-09-2016
Attorney Change
Comment: Updated address for Wisconsin Association for Justice pursuant to letter request dated November 2, 2016

OCCD
SC
09-06-2016
Oral Argument
Comment: 2nd case, 9:45 a.m. Atty Samuel J. Leib for Def-App-Pet; Atty Kenneth M. Levine for Pla-Res

OCCD
SC
06-01-2016
Assigned-Oral Argument

OCCD
SC
05-13-2016
Attorney Change
Comment: Notice of Substitution of Firm for Attys. Leib, Gaynor and Simerson

OCCD
SC
05-13-2016
Attorney address updated
Comment: Address changed for attorney: 39095 Brent Simerson

OCCD
SC
05-13-2016
Attorney address updated
Comment: Address changed for attorney: 8052 Samuel J. Leib

OCCD
SC
03-23-2016
Certificate of Filing by Mail
Comment: BR3 (IB)

OCCD
SC
03-22-2016
Briefs Received At State Law Library

OCCD
SC
03-22-2016
Reply Brief-Supreme Court
Reply Brief-Supreme Court
Filed By: Samuel Leib

OCCD
SC
03-15-2016
Letter/Correspondence
Comment: From Clerk's Office to counsel: confirming that case was removed from court's April oral argument calendar.

OCCD
SC
03-15-2016
Filed By: William Gleisner
Comment: Wisconsin Association of Justice

OCCD
SC
03-07-2016
Motion to Extend Time
Filed By: Samuel Leib
Submit Date: 3-8-2016
Decision: (G) Grant
Decision Date: 3-9-2016
ORD that the motion is granted. Defendants-appellants-petitioners' reply brief shall be served and filed on or before March 22, 2016. No further time extensions will be granted.
See BR3 event due on 3-15-2016

OCCD
SC
03-03-2016
Briefs Received At State Law Library

OCCD
SC
02-29-2016
Response Brief-Supreme Court
Response Brief-Supreme Court
Filed By: Paul Scoptur
Comment: separate appendix

OCCD
SC
02-26-2016
Motion to File Amicus/Non-Party Brief
Filed By: William Gleisner
Submit Date: 2-29-2016
Decision: (G) Grant
Decision Date: 3-1-2016
ORD that the motion is granted. Twenty-two copies of the brief shall be filed on or before March 15, 2016.
Comment: Wisconsin Association for Justice

OCCD
SC
02-25-2016
Other Papers
Comment: Ltr from Atty. Leib regarding notice of oral argument; in file.

OCCD
SC
02-16-2016
Briefs Received At State Law Library

OCCD
SC
02-01-2016
Filed By: Guy Dubeau
Comment: Wisconsin Medical Society and American Medical Association

OCCD
SC
01-29-2016
Letter/Correspondence
Comment: To all counsel from Clerk's Office: case has been removed from SC's March oral argument calendar and will be rescheduled to another date and time TBD. cjp

OCCD
SC
01-08-2016
Motion to Extend Time
Filed By: Paul Scoptur
Submit Date: 1-8-2016
Decision: (G) Grant
Decision Date: 1-11-2016
ORD that the motion is granted in part. The respondent brief of plaintiffs-respondents, Braylon Seifert, by his guardian ad litem, Paul J. Scoptur, Kimberly Seifert and David Seifert, shall be served and filed on or before March 4, 2016.
Motion Response
Filed By: Samuel Leib
Submit Date: 1-8-2016
See BR2 event due on 3-4-2016

OCCD
SC
12-30-2015
Response
Comment: add'l 10 copies of brief previously filed on behalf of each party in the court of appeals

OCCD
SC
12-28-2015
First Brief-Supreme Court
First Brief-Supreme Court
Filed By: Samuel Leib
Comment: Kay M. Balink, M.D. and Proassurance Wisconsin Insurance Company. Two Appendices

OCCD
SC
12-23-2015
Motion to Extend Time
Filed By: Guy Dubeau
Submit Date: 12-28-2015
Decision: (G) Grant
Decision Date: 12-28-2015
ORD that the motion is granted. Twenty-two copies of the brief shall be filed on or before February 1, 2016.
See BAM event due on 2-1-2016

OCCD
SC
12-18-2015
Motion for Miscellaneous Relief
Filed By: Guy Dubeau
Submit Date: 12-21-2015
Decision: (G) Grant
Decision Date: 12-21-2015
ORD that the motion is granted. Twenty-two copies of the brief shall be filed on or before 1/4/16.
Comment: Motion for leave to appear as amicus curiae and join with The medical Society for the purpose of submitting a joint brief

OCCD
SC
11-27-2015
Motion to Extend Time
Filed By: Samuel Leib
Submit Date: 11-27-2015
Decision: (G) Grant
Decision Date: 11-30-2015
ORD that the motion is granted. Defendants-appellants-petitioners' opening brief shall be served and filed on or before December 28, 2015.
See BR1 event due on 12-28-2015

OCCD
SC
11-04-2015
Caption Amended

OCCD
SC
11-04-2015
Court Changed to Supreme Court

OCCD
CA
09-16-2015
Final Publication

OCCD
SC
09-14-2015
Motion to File Amicus/Non-Party Brief
Filed By: Guy Dubeau
Submit Date: 9-15-2015
Decision: (G) Grant
Decision Date: 10-15-2015
ORD that the motion is granted and the brief is accepted for filing.
Comment: Wisconsin Medical Society

OCCD
SC
09-09-2015
Fee Paid
Comment: Invoice No: 17731; Receipt No: 15R 002219

OCCD
SC
09-09-2015
Invoice Issued
Comment: Invoice No: 17731

OCCD
CA
09-04-2015
Errata Issued

OCCD
SC
08-31-2015
Petition for Review
Filed By: Samuel Leib
Submit Date: 9-14-2015
Decision: (G) Grant
Decision Date: 11-4-2015
ORD that the petition for review is granted. Briefs/Statements 30/20/10
FRO that amicus Wisconsin Medical Society's request to participate in appellate briefing is granted. The Wisconsin Medical Society shall file its nonparty brief in accordance with the requirements and deadlines set forth in Wis. Stat. sec. 809.19(7).
FRO that the allowance of costs, if any, in connection with the granting of the petition will abide the decision of this court on review.
Motion Response
Filed By: Paul Scoptur
Submit Date: 9-14-2015
Motion Response
Filed By: Guy Dubeau
Submit Date: 10-15-2015

OCCD
CA
08-26-2015
Opinion Ordered Published

OCCD
CA
08-26-2015
Cites
364 Wis. 2d 692

OCCD
CA
08-26-2015
Cites
869 N.W.2d 493

OCCD
CA
08-26-2015
Public Domain Citation
Comment: PDC No: 2015 WI App 59

OCCD
CA
08-17-2015
Motion for Clarification
Filed By: Paul Scoptur
Submit Date: 8-18-2015
Decision: (G) Grant
Decision Date: 9-9-2015
ORD that the motion for clarification is granted.

OCCD
CA
07-30-2015
Judge Panel: Kloppenburg, Higginbotham, Sherman
Opinion: Opinion
Decision: Affirmed Pages: 21
Written by: Higginbotham, Paul B.
Order Text: Judgment and order affirmed. 9/5/15 Errata Issued.

OCCD
CA
09-16-2014
Submitted on Briefs

OCCD
CA
09-02-2014
Briefs Received At State Law Library

OCCD
CA
08-18-2014
Record and Briefs Sent to District 4

OCCD
CA
08-14-2014
Certificate of Service
Comment: BRY

OCCD
CA
08-14-2014
Certificate of Filing by Mail
Comment: BRY

OCCD
CA
08-13-2014
Reply Brief
Reply Brief
Filed By: Brent Simerson

Comment: received 10 copies of BRY for SC use. PS 12-4-2015

OCCD
CA
07-18-2014
Motion to Extend Time
Filed By: Samuel Leib
Submit Date: 7-18-2014
Decision: (G) Grant
Decision Date: 7-22-2014
ORD that the time to file the reply brief is extended to August 13, 2014.
See BRY event due on 8-13-2014

OCCD
CA
07-14-2014
Brief of Respondent(s)
Brief of Respondent
Filed By: Paul Scoptur

Comment: Separate Appendix, received 10 copies of BRS and appendix for SC use. PS 12-1-2015

OCCD
CA
06-02-2014
Motion to Extend Time
Filed By: Paul Scoptur
Submit Date: 6-3-2014
Decision: (G) Grant
Decision Date: 6-13-2014
ORD that the time to file the respondents' brief is extended to July 14, 2014.
Motion Response
Filed By: Samuel Leib
Submit Date: 6-9-2014
See BRS event due on 7-14-2014

OCCD
CA
05-14-2014
Certificate of Filing by Mail
Comment: BAP

OCCD
CA
05-13-2014
Brief & Appx of Appellant(s)
Brief of Appellant
Filed By: Brent Simerson

Comment: Separate Appendix: received 10 copies of BAP and appendix for SC use. PS 12-4-2015

OCCD
CA
04-04-2014
Record
Comment: 1-2 to 152-1, 3 Separate Boxes

OCCD
CA
03-14-2014
Court Reporter's Statement-Trans.
Court Reporter Name: (Wiest, Nichole)

OCCD
CA
03-13-2014
Delinquent
Comment: New due date of connected CRS: 3-20-2014

OCCD
CA
01-27-2014
Fee Paid
Comment: Receipt No: 14R 000239

OCCD
CA
01-24-2014
Transcript filed in Circuit Court

OCCD
CA
01-17-2014
Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
01-17-2014
Notice of Appeal & Court Record

OCCD
CA
01-16-2014
Statement on Transcript
Filed By: Samuel Leib
Status: Ordered

OCCD
CA
01-16-2014
Docketing Statement from Appellant

OCCD
CA
01-15-2014
Notice of Appeal filed in Cir. Ct.

OCCD
CA
12-23-2013
Judgment/Order of Circuit Court