Beatriz Banuelos v. University of Wisconsin Hospitals and Clinics Authority

Appeal Number 2020AP001582

Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
OCCD
SC
05-08-2023
Remittitur

OCCD
SC
04-04-2023
Cites
988 N.W.2d 627

OCCD
SC
04-04-2023
Cites
406 Wis. 2d 439

OCCD
SC
04-04-2023
Judge Panel: Roggensack, Bradley, Ziegler, Bradley, Dallet, Hagedorn, Karofsky
Opinion: Opinion
Decision: Affirmed Pages: 24
Written by: Bradley, Ann Walsh
Roggensack, Patience Drake Wrote Dissenting Opinion 12 pages.
Bradley, Rebecca Grassl Wrote Dissenting Opinion 18 pages.
Ziegler, Annette K. Joined Dissenting Opinion
Roggensack, Patience Drake Joined Dissenting Opinion
Order Text: The decision of the court of appeals is affirmed.
Comment: Opinion/Decision - Supreme Court

OCCD
SC
04-03-2023
Public Domain Citation
Comment: PDC No: 2023 WI 25

OCCD
SC
11-01-2022
Oral Argument
Comment: 1st case, 9:45 a.m. (Capitol SC Hearing Room). Jay P. Lefkowitz for Defendant-Respondent-Petitioner. Jesse B. Blocher for Plaintiff-Appellant.

OCCD
SC
10-31-2022
Letter/Correspondence
Comment: Cover Letter to Supplemental Appendix

OCCD
SC
10-28-2022
Letter/Correspondence
Comment: Cover Letter to Response to Motion to Supplement the Appendix to BR1

OCCD
SC
10-27-2022
Letter/Correspondence
Comment: Cover Letter to Motion to Supplement the Appendix to BR1

OCCD
SC
10-27-2022
Motion for Miscellaneous Relief
Filed By: Daniel Manna
Submit Date: 10-28-2022
Decision: (G) Grant
Decision Date: 10-31-2022
IT IS ORDERED that the motion is granted. No later than 12:00 p.m. on Monday, October 31, 2022, the University of Wisconsin Hospitals and Clinics Authority shall file and serve an original and 10 copies of a separate supplemental appendix containing copies of the two documents from the drafting file for Wis. Stat. 146.836 that are attached to the motion to supplement. The University of Wisconsin Hospitals and Clinics Authority shall also file an electronic copy of the supplemental appendix no later than 12:00 p.m. on Monday, October 31, 2022.
Motion Response
Filed By: Jesse Blocher
Submit Date: 10-28-2022
Comment: Motion to Supplement the Appendix to BR1; Response to Motion to Supplement the Appendix to BR1; 10/31/2022 Court Order Motion for Miscellaneous Relief

OCCD
SC
08-26-2022
Assigned-Oral Argument

OCCD
SC
08-11-2022
Letter/Correspondence
Comment: Letter advising of updated firm name

OCCD
SC
08-10-2022
Court Order
IT IS ORDERED that the motion is granted. Oral argument in this case shall be rescheduled to November 1, 2022 at 9:45 a.m.
Comment: 8-10-2022 Order

OCCD
SC
08-09-2022
Letter/Correspondence
Comment: Reply to Response to Counsel for the Petitioner's Request to Reschedule Oral Argument

OCCD
SC
08-08-2022
Letter/Correspondence
Comment: Response to Counsel for the Petitioner's Request to Reschedule Oral Argument Response to Counsel for the Petitioner's Request to Reschedule Oral Argument

OCCD
SC
08-05-2022
Notice of Appearance
Comment: Attorney Jay P. Lefkowitz for the Petitioner

OCCD
SC
08-05-2022
Notice of Appearance
Comment: Attorney Gilad Bendheim for the Petitioner

OCCD
SC
08-05-2022
Letter/Correspondence
Comment: Letter from Counsel for the Petitioner re Rescheduling Oral Argument

OCCD
SC
08-03-2022
Assigned-Oral Argument

OCCD
SC
06-14-2022
Filed By: Sara MacCarthy
Comment: Wisconsin Hospital Association, Inc., et al. Cover Letter for Brief of Amicus Curiae (WI Hospital, Medical Soc., Dental Assc., Leading Age, RWHC, WHCA/WCAL, Health Manage.)

OCCD
SC
06-13-2022
Letter/Correspondence
Comment: Cover Letter to Brief of Amicus Curiae (Wisconsin Association for Justice and Wisconsin Defense Counsel)

OCCD
SC
06-13-2022
Filed By: Brett Eckstein
Comment: Wisconsin Association for Justice and the Wisconsin Defense Counsel

OCCD
SC
06-13-2022
Filed By: Christopher Avallone
Comment: Association of Health Information Outsourcing Services

OCCD
SC
05-26-2022
Filed By: Scott Rosenow
Comment: Wisconsin Civil Justice Council, Inc.

OCCD
SC
05-25-2022
Letter/Correspondence
Comment: Cover Letter to Joint MAM (Wisconsin Association for Justice and Wisconsin Defense Counsel)

OCCD
SC
05-25-2022
Motion to File Amicus/Non-Party Brief
Filed By: Brett Eckstein
Submit Date: 5-25-2022
Decision: (G) Grant
Decision Date: 5-26-2022
IT IS ORDERED that the motion of the Wisconsin Civil Justice Council, Inc., is granted, and the brief submitted with the motion is accepted as filed; and,
IT IS FURTHER ORDERED that the motion of the Association of Health Information Outsources Services and the joint motion of the Wisconsin Association for Justice and the Wisconsin Defense Counsel are granted. Twenty-two copies of each non-party brief shall be filed on or before June 13, 2022.
Comment: Joint Motion to File Amicus/Non-Party Brief (Wisconsin Association for Justice and Wisconsin Defense Counsel)

OCCD
SC
05-24-2022
Motion to File Amicus/Non-Party Brief
Filed By: Susan Lovern
Submit Date: 5-24-2022
Decision: (G) Grant
Decision Date: 5-26-2022
IT IS ORDERED that the motion of the Wisconsin Civil Justice Council, Inc., is granted, and the brief submitted with the motion is accepted as filed; and,
IT IS FURTHER ORDERED that the motion of the Association of Health Information Outsources Services and the joint motion of the Wisconsin Association for Justice and the Wisconsin Defense Counsel are granted. Twenty-two copies of each non-party brief shall be filed on or before June 13, 2022.
Comment: Motion to File Amicus/Non-Party Brief (Association of Health Information Outsourcing Services)

OCCD
SC
05-24-2022
Filed By: Daniel Manna
Comment: Cover Letter - Reply Brief-Supreme Court

OCCD
SC
05-23-2022
Letter/Correspondence
Comment: Cover Letter to MAM (Wisconsin Civil Justice Council, Inc.)

OCCD
SC
05-23-2022
Motion to File Amicus/Non-Party Brief
Filed By: Scott Rosenow
Submit Date: 5-23-2022
Decision: (G) Grant
Decision Date: 5-26-2022
IT IS ORDERED that the motion of the Wisconsin Civil Justice Council, Inc., is granted, and the brief submitted with the motion is accepted as filed; and,
IT IS FURTHER ORDERED that the motion of the Association of Health Information Outsources Services and the joint motion of the Wisconsin Association for Justice and the Wisconsin Defense Counsel are granted. Twenty-two copies of each non-party brief shall be filed on or before June 13, 2022.
Comment: Motion to File Amicus/Non-Party Brief (Wisconsin Civil Justice Council, Inc.)

OCCD
SC
05-20-2022
Letter/Correspondence
Comment: Cover Letter to MAM (Wisconsin Hospital Association, Inc. etc.)

OCCD
SC
05-20-2022
Motion to File Amicus/Non-Party Brief
Filed By: Sara MacCarthy
Submit Date: 5-20-2022
Decision: (G) Grant
Decision Date: 5-23-2022
IT IS ORDERED that the motion is granted. Twenty-two copies of the brief shall be filed on or before June 13, 2022.
Comment: Motion to File Amicus/Non-Party Brief (Wisconsin Hospital Association, Inc., Wisconsin Medical Society, Inc., Wisconsin Dental Association, Inc., LeadingAge Wisconsin, Inc., Rural Wisconsin Health Cooperative, Wisconsin HEalth Care Association/WIsconsin Center for Assisted Living, Wisconsin Health Information Association, Inc.)

OCCD
SC
05-10-2022
Filed By: Jesse Blocher
Comment: Cover Letter - Response Brief-Supreme Court

OCCD
SC
04-20-2022
Letter/Correspondence
Comment: Cover Letter to First Brief-Supreme Court (University of Wisconsin Hospitals and Clinics Authority)

OCCD
SC
04-20-2022
Filed By: Daniel Manna
Comment: Separate appendix.

OCCD
SC
03-21-2022
Court Changed to Supreme Court

OCCD
CA
11-12-2021
Final Publication

OCCD
SC
11-12-2021
Motion to File Amicus/Non-Party Brief
Filed By: Matthew Splitek
Submit Date: 11-12-2021
Decision: (D) Deny
Decision Date: 12-15-2021
IT IS ORDERED that the motion is denied.
Comment: Aurora Health Care, Inc. Motion to File Amicus/Non-Party Brief (Aurora Health Care, Inc.)

OCCD
CA
11-12-2021
Filed By: Sara MacCarthy
Comment: The Wisconsin Hospital Association, Inc., etc. Brief of Amicus Curiae Brief of Amicus Curiae

OCCD
SC
11-11-2021
Motion to File Amicus/Non-Party Brief
Filed By: Sara MacCarthy
Submit Date: 11-11-2021
Decision: (G) Grant
Decision Date: 11-12-2021
IT IS ORDERED that the motion is granted, and the accompanying proposed non-party brief amici curiae is accepted for filing.
Comment: The Wisconsin Hospital Association, Inc., etc. 11-12-2021 Order

OCCD
SC
10-29-2021
Filed By: Daniel Manna
Submit Date: 11-10-2021
Decision: (G) Grant
Decision Date: 3-21-2022
IT IS ORDERED that the petition for review is granted and that pursuant to Wis. Stat. (Rule) 809.62(6), the defendant-respondent-petitioner may not raise or argue issues not set forth in the petition for review unless otherwise ordered by the court; and
IT IS FURTHER ORDERED that pursuant to Wis. Stat. (Rules) 809.62(6) and 809.63, within 30 days after the date of this order the defendant-respondent-petitioner must file a brief in this court; that within 20 days of filing the plaintiff-appellant, Beatriz Banuelos, must file either a brief or a statement that no brief will be filed; and that if a brief is filed by the plaintiff-appellant, within 10 days of filing the defendant-respondent-petitioner must file either a reply brief or a statement that no reply brief will be filed; and
IT IS FURTHER ORDERED that in any brief filed in this court the parties shall not incorporate by reference any portion of their court of appeals' brief or petition for review or response; instead, any material in these documents upon which there is reliance should be restated in the brief filed in this court; and
IT IS FURTHER ORDERED that the first brief filed in this court must contain, as part of the appendix, a copy of the decision of the court of appeals in this case; and
IT IS FURTHER ORDERED that, if a party has not previously filed an electronic copy of the briefs filed on behalf of that party in the court of appeals, the party, within 30 days after the date of this order, must provide the clerk of this court with 10 copies of the brief previously filed on behalf of that party in the court of appeals; but if the party has already filed an electronic copy of such briefs, then there is no obligation to provide additional copies of those briefs to the clerk of this court; and
IT IS FURTHER ORDERED that the allowance of costs, if any, in connection with the granting of
Comment: Cover Letter - Petition for Review

OCCD
SC
10-29-2021
Fee Paid
Comment: Receipt No: 21R 002495

OCCD
CA
10-27-2021
Cites
399 Wis. 2d 568

OCCD
CA
10-27-2021
Cites
966 N.W.2d 78

OCCD
CA
10-27-2021
Opinion Ordered Published
Comment: Opinion Ordered Published Opinion Ordered Published

OCCD
CA
10-27-2021
Public Domain Citation
Comment: PDC No: 2021 WI App 70

OCCD
CA
09-30-2021
Judge Panel: Kloppenburg, Blanchard, Nashold
Opinion: Opinion
Decision: Reversed and remanded Pages: 23
Written by: Kloppenburg, JoAnne F.
Order Text: Order reversed and cause remanded for further proceedings.

OCCD
CA
04-14-2021
Letter/Correspondence
Comment: From Attorney Daniel Manna; Response to 4/8 Response to additional authorities

OCCD
CA
04-08-2021
Letter/Correspondence
Comment: From Attorney Corey Lorenz; Response to additional authorities

OCCD
CA
04-02-2021
Additional Authorities
Comment: From Attorney Daniel Manna; Additional Authorities

OCCD
CA
03-01-2021
Motion to Correct/Supplement Record
Filed By: Daniel Manna
Submit Date: 3-2-2021
Decision: (D) Deny
Decision Date: 3-3-2021
IT IS ORDERED that the motion to supplement the record is denied.

OCCD
CA
02-18-2021
Briefs Received At State Law Library

OCCD
CA
02-18-2021
Submitted on Briefs

OCCD
CA
02-03-2021
Record and Briefs Sent to District 4

OCCD
CA
02-02-2021
Certificate of Filing by Mail
Comment: Amicus brief from Wisconsin Association for Justice 10 copies mailed 01-27-2021 Certificate of Filing by Mail

OCCD
CA
02-02-2021

OCCD
CA
01-15-2021
Briefs Received At State Law Library

OCCD
CA
01-07-2021
Motion to File Amicus/Non-Party Brief
Filed By: Sara MacCarthy
Submit Date: 1-8-2021
Decision: (D) Deny
Decision Date: 1-14-2021
IT IS ORDERED that the Wisconsin Hospital Association's motion to file an amicus brief is denied as untimely.
Comment: Wisconsin Hospital Association

OCCD
CA
12-22-2020
Certificate of Filing by Mail
Comment: Reply brief 10 copies mailed 12-21-2020 (IB)

OCCD
CA
12-22-2020
Reply Brief
Reply Brief
Filed By: Jesse Blocher

Comment: Note that the appeal number has been corrected on all briefs. Please use this number on all future correspondence.

OCCD
CA
12-21-2020
Motion to File Amicus/Non-Party Brief
Filed By: Brett Eckstein
Submit Date: 12-22-2020
Decision: (G) Grant
Decision Date: 12-28-2020
IT IS ORDERED that the motion to file a brief amicus curiae is granted. The Wisconsin Association for Justice shall file its brief within thirty days of the date of this order.

OCCD
CA
12-07-2020
Brief of Respondent(s)
Brief of Respondent
Comment: Separate appendix Filing Ack. - Brief of Respondent(s) Cover Letter - Brief of Respondent(s)

OCCD
CA
11-04-2020
Brief & Appx of Appellant(s)
Brief of Appellant
Filed By: Jesse Blocher

Comment: Separate appendix. Note that the appeal number has been corrected on all briefs. Please use this number on all future correspondence. Ack. of Filing - Brief & Appx of Appellant(s) Cover Letter - Brief & Appx of Appellant(s)

OCCD
CA
10-22-2020
Case to proceed under RAP

OCCD
CA
10-22-2020
Court Order
IT IS ORDERED that this appeal shall not be placed in the courts expedited appeals program.

OCCD
CA
10-20-2020
Other Papers
Comment: From Attorney Daniel Manna - Refusal to consent to placing appeal on expedited appeals calendar; Refusal to consent to expedited appeals calendar (DM)

OCCD
CA
10-14-2020
Record
Comment: 1-15 to 27-1, ELECTRONICALLY FILED

OCCD
CA
10-12-2020
Other Papers
Comment: From Attorney Jesse Blocher - Consent to placing appeal on expedited appeals calendar; Consent to expedited appeals calendar

OCCD
CA
09-24-2020
Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
09-24-2020
Fee Paid
Comment: Receipt No: 20R 001888

OCCD
CA
09-24-2020
Docketing Statement Submitted

OCCD
CA
09-24-2020
Notice of Appeal & Circuit Court Docket Entries
Comment: Transmittal - Notice of Appeal & Court Record (rescanned for clarity)

OCCD
CA
09-23-2020
Statement on Transcript
Filed By: Jesse Blocher
Status: Prev. Filed

OCCD
CA
09-23-2020
Docketing Statement from Appellant

OCCD
CA
09-18-2020
Notice of Appeal filed in Cir. Ct.

OCCD
CA
09-11-2020
Order of Circuit Court