Allen Gahl v. Aurora Health Care, Inc.

Appeal Number 2021AP001787 - FT

Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
PEND
SC
Awaiting Assignment

OCCD
CA
10-13-2021
Sua Sponte
Filed By: Michael Johnson
Comment: Sua to check urgency of petition

OCCD
SC
06-05-2023
Remittitur

OCCD
SC
05-02-2023
Published Opinion Citation
989 N.W.2d 561

OCCD
SC
05-02-2023
Judge Panel: Roggensack, Bradley, Ziegler, Bradley, Dallet, Hagedorn, Karofsky
Opinion: Opinion
Decision: Affirmed Pages: 13
Written by: Bradley, Ann Walsh
Bradley, Rebecca Grassl Wrote Dissenting Opinion 41 pages.
Additional Judge Action:25 additional pages of appendix
Order Text: The decision of the court of appeals is affirmed.
Comment: Opinion/Decision - Supreme Court

OCCD
SC
05-01-2023
Public Domain Citation
Comment: PDC No: 2023 WI 35

OCCD
SC
01-17-2023
Oral Argument
Comment: 2nd case, 9:45 a.m. (State Capitol SC Hearing Room) January Oral Argument Calendar. Karen L. Mueller for Petitioner-Respondent-Petitioner, Jason J. Franckowiak for Respondent-Appellant

OCCD
SC
12-22-2022
Letter/Correspondence
Comment: Cover Letter to Brief of Amicus Curiae (Association of American Physicians and Surgeons (AAPS))

OCCD
SC
12-22-2022
Filed By: (O'Sullivan, Rory)
Comment: Association of American Physicians and Surgeons (AAPS)

OCCD
SC
12-15-2022
Letter/Correspondence
Comment: Cover Letter to Brief of Amicus Curiae(Front Line COVID-19 Critical Care Alliance (FLCCC))

OCCD
SC
12-15-2022
Filed By: Joseph Voiland
Comment: Front Line COVID-19 Critical Care Alliance (FLCCC)

OCCD
SC
12-07-2022
Letter/Correspondence
Comment: Cover Letter to Brief of Amicus Curiae (American Medical Association and the Wisconsin Medcial Society)

OCCD
SC
12-07-2022
Filed By: Patricia Putney
Comment: American Medical Association and the Wisconsin Medical Society

OCCD
SC
12-05-2022
Letter/Correspondence
Comment: Cover Letter to Reply Brief-Supreme Court Cover Letter - Reply Brief-Supreme Court

OCCD
SC
12-02-2022
Reply Brief-Supreme Court
Reply Brief-Supreme Court
Filed By: Karen Mueller

OCCD
SC
12-01-2022
Motion to File Amicus/Non-Party Brief
Filed By: (O'Sullivan, Rory)
Submit Date: 12-2-2022
Decision: (G) Grant
Decision Date: 12-2-2022
IT IS ORDERED that motion for leave to file non-party brief amicus curiae is granted. The amici's brief shall be filed on or before December 27, 2022; and
IT IS FURTHER ORDERED that the motion for admission of Attorney Schlafly pro hac vice is granted. A copy of SCR 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, is attached to the moving party's order.
Comment: Association of American Physicians and Surgeons (AAPS) 12/02/2022 Court Order

OCCD
SC
12-01-2022
Motion for Pro Hac Vice Admission
Filed By: (O'Sullivan, Rory)
Submit Date: 12-2-2022
Decision: (G) Grant
Decision Date: 12-2-2022
IT IS ORDERED that motion for leave to file non-party brief amicus curiae is granted. The amici's brief shall be filed on or before December 27, 2022; and
IT IS FURTHER ORDERED that the motion for admission of Attorney Schlafly pro hac vice is granted. A copy of SCR 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, is attached to the moving party's order.
Comment: Attorney Andrew L. Schlafly

OCCD
SC
12-01-2022
Letter/Correspondence
Comment: Cover Letter to Motions for Pro Hac Vice Status and to file an Amicus/Non-party Brief (Association of American Physicians and Surgeons)

OCCD
SC
12-01-2022
Fee Paid
Comment: Receipt No: 22R 002729; Copy Fee

OCCD
SC
11-28-2022
Letter/Correspondence
Comment: Cover Letter to Motion to File Amicus/Non-Party Brief (Front Line COVID-19 Critical Care Alliance)

OCCD
SC
11-28-2022
Motion to File Amicus/Non-Party Brief
Filed By: Joseph Voiland
Submit Date: 11-28-2022
Decision: (G) Grant
Decision Date: 12-1-2022
IT IS ORDERED that motion for leave to file non-party brief amicus curiae is granted. The
amicus brief shall be filed on or before December 15, 2022.
Comment: Front Line COVID-19 Critical Care Alliance (FLCCC)

OCCD
SC
11-18-2022
Assigned for Oral Argument

OCCD
SC
11-17-2022
Letter/Correspondence
Comment: Cover Letter to Response Brief-Supreme Court

OCCD
SC
11-17-2022
Response Brief-Supreme Court
Response Brief-Supreme Court
Filed By: Jason Franckowiak

OCCD
SC
11-15-2022
Motion for Pro Hac Vice Admission
Filed By: Patricia Putney
Submit Date: 11-16-2022
Decision: (G) Grant
Decision Date: 11-17-2022
IT IS ORDERED that motion for leave to file non-party brief amicus curiae is granted. The amici's brief shall be filed on or before December 7, 2022; and
IT IS FURTHER ORDERED that the motion for admission of Attorney Seel and Attorney Mahmood pro hac vice is granted. A copy of SCR 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, is attached to the moving party's order.
Comment: Attorneys Ben Seel and Maher Mahmood

OCCD
SC
11-15-2022
Motion to File Amicus/Non-Party Brief
Filed By: Patricia Putney
Submit Date: 11-16-2022
Decision: (G) Grant
Decision Date: 11-17-2022
IT IS ORDERED that motion for leave to file non-party brief amicus curiae is granted. The amici's brief shall be filed on or before December 7, 2022; and
IT IS FURTHER ORDERED that the motion for admission of Attorney Seel and Attorney Mahmood pro hac vice is granted. A copy of SCR 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, is attached to the moving party's order.
Comment: American Medical Association and the Wisconsin Medical Society

OCCD
SC
11-15-2022
Letter/Correspondence
Comment: Cover Letter to Motions for Pro Hac Vice and to File an Amicus/Non-Party Brief

OCCD
SC
10-28-2022
Letter/Correspondence
Comment: Cover Letter to First Brief-Supreme Court

OCCD
SC
10-28-2022
Order
IT IS ORDERED that the motion to waive the requirement of Wis. Stat 809.19(2)(ae) is denied. The Judicial Council Committees Note, 1978 to Wis. Stat. 809.19 states, the original record serves as the primary evidence of what occurred in the trial court. The appendix becomes a very abbreviated document with only those items absolutely essential to an understanding of the case . . . . The failure to include some item in the appendix has no effect on the ability or willingness of the court to consider any matter in the record. The citations to the record contained in petitioner-respondent-petitioners brief are sufficient to direct the court to Dr. Kory's testimony and exhibits. There is no need to reproduce that voluminous material again in the appendix.

PATIENCE DRAKE ROGGENSACK, J. wrote dissent.
CHIEF JUSTICE ANNETTE KINGSLAND ZIEGLER and JUSTICE REBECCA GRASSL BRADLEY join this dissent.
Comment: 10/25/2022 Court Order (Amended)

OCCD
SC
10-28-2022
First Brief-Supreme Court
First Brief-Supreme Court
Filed By: Karen Mueller
Comment: First Brief-Supreme Court - Appendix

OCCD
SC
10-24-2022
Motion for Miscellaneous Relief
Filed By: Karen Mueller
Submit Date: 10-24-2022
Decision: (D) Deny
Decision Date: 10-25-2022
IT IS ORDERED that the motion to waive the requirement of Wis. Stat 809.19(2)(ae) is denied. The Judicial Council Committees Note, 1978 to Wis. Stat. 809.19 states, the original record serves as the primary evidence of what occurred in the trial court. The appendix becomes a very abbreviated document with only those items absolutely essential to an understanding of the case. . . . The failure to include some item in the appendix has no effect on the ability or willingness of the court to consider any matter in the record. The citations to the record contained in petitioner-respondent-petitioners brief are sufficient to direct the court to Dr. Korys testimony and exhibits. There is no need to reproduce that voluminous material again in the appendix.
ANNETTE K. ZIEGLER, C.J., PATIENCE DRAKE ROGGENSACK, and REBECCA GRASSL BRADLEY, JJ., dissent.
Comment: Renewed Motion to Allow an Appendix to be eFiled in Multiple Parts 10/25/2022 Court Order Envelopes - Renewed Motion to Allow Appendix to be eFiled in Multiple Parts

OCCD
SC
10-18-2022
Motion for Miscellaneous Relief
Filed By: Karen Mueller
Submit Date: 10-19-2022
Decision: (D) Deny
Decision Date: 10-20-2022
IT IS ORDERED that the motion to waive the requirement of Wis. Stat 809.19(2)(ae), which provides that, The appendix shall be filed as a single document is denied. Petitioner-respondent-petitioner is encouraged to attempt to reduce the size of the appendix so that it can be filed as a single document. In addition, petitioner-respondent-petitioner is directed to the 2021 Comment to 809.19, which states, In the event of a very large appendix that cannot be electronically filed as a single document due to the size limitations of the system, s. 809.801(8) directs the user to contact the clerk of court for assistance. Petitioner-respondent-petitioner is instructed to contact the e-filing support line at (800) 462-8843 for assistance in filing the appendix as a single document. If, after due diligence, petitioner-respondent-petitioner is still unable to file the appendix as a single document, he may renew his motion to file a multi-volume appendix but shall inform the court of the efforts he has taken to comply with the requirements of 809.19(2)ae); and,
IT IS FURTHER ORDERED that the motion to reduce from 22 to 11 the required number of copies of the appendix that must be physically filed is denied; and,
IT IS FURTHER ORDERED that the motion for an extension of time to file petitioner-respondent-petitioners opening brief is granted. Petitioner-respondent-petitioner shall have until November 2, 2022 to properly file his opening brief and appendix.
Comment: Motion to file Appendix in Multiple Parts and to Limit Amount of Physical Submissions 10/20/2022 Court Order

OCCD
SC
10-18-2022
Motion to Extend Time
Filed By: Karen Mueller
Submit Date: 10-19-2022
Decision: (G) Grant
Decision Date: 10-20-2022
IT IS ORDERED that the motion to waive the requirement of Wis. Stat 809.19(2)(ae), which provides that, The appendix shall be filed as a single document is denied. Petitioner-respondent-petitioner is encouraged to attempt to reduce the size of the appendix so that it can be filed as a single document. In addition, petitioner-respondent-petitioner is directed to the 2021 Comment to 809.19, which states, In the event of a very large appendix that cannot be electronically filed as a single document due to the size limitations of the system, s. 809.801(8) directs the user to contact the clerk of court for assistance. Petitioner-respondent-petitioner is instructed to contact the e-filing support line at (800) 462-8843 for assistance in filing the appendix as a single document. If, after due diligence, petitioner-respondent-petitioner is still unable to file the appendix as a single document, he may renew his motion to file a multi-volume appendix but shall inform the court of the efforts he has taken to comply with the requirements of 809.19(2)ae); and,
IT IS FURTHER ORDERED that the motion to reduce from 22 to 11 the required number of copies of the appendix that must be physically filed is denied; and,
IT IS FURTHER ORDERED that the motion for an extension of time to file petitioner-respondent-petitioners opening brief is granted. Petitioner-respondent-petitioner shall have until November 2, 2022 to properly file his opening brief and appendix.
See BR1 event due on 11-2-2022
Comment: Motion to Extend Time (BR1)

OCCD
SC
09-14-2022
Caption Amended

OCCD
SC
09-14-2022
Court Changed to Supreme Court

OCCD
CA
09-13-2022
Fee Paid
Comment: Receipt No: 22R 002002

OCCD
CA
07-20-2022
Final Publication

OCCD
SC
07-08-2022
Letter/Correspondence
Comment: Cover Letter to Response to Petition for Review

OCCD
CA
06-29-2022
Published Opinion Citation
403 Wis. 2d 539

OCCD
CA
06-29-2022
Published Opinion Citation
977 N.W.2d 756

OCCD
CA
06-29-2022
Opinion Ordered Published
Comment: Opinion Ordered Published - Order; Opinion Ordered Published - Decision

OCCD
CA
06-29-2022
Public Domain Citation
Comment: PDC No: 2022 WI App 29

OCCD
CA
06-27-2022
Fee Paid
Comment: Receipt No: 22R 001379

OCCD
SC
06-24-2022
Filed By: Karen Mueller
Submit Date: 7-11-2022
Decision: (G) Grant
Decision Date: 9-14-2022
IT IS ORDERED that the petition for review is granted.
Motion Response
Filed By: Randall Guse
Submit Date: 7-11-2022
Comment: Petition for Review and Appendix Petition for Review - Appendix

OCCD
CA
05-25-2022
Judge Panel: Grogan, Kornblum, Neubauer
Opinion: Opinion
Decision: Reversed Pages: 38
Written by: Kornblum, Lori
Grogan, Shelley A. Wrote Dissenting Opinion 17 pages.
Order Text: Order reversed
Comment: Opinion/Decision

OCCD
CA
01-25-2022
Submitted - Other

OCCD
CA
01-13-2022
Record and Briefs Sent to District 2

OCCD
CA
01-12-2022
Memo Reply Brief
Memo Reply Brief
Filed By: Jason Franckowiak

OCCD
CA
01-05-2022
Memo Brief of Respondent
Brief of Respondent
Filed By: Karen Mueller

OCCD
CA
12-10-2021
Motion for Miscellaneous Relief
Filed By: Jason Franckowiak
Submit Date: 12-13-2021
Decision: (O) Other
Decision Date: 1-5-2022
IT IS ORDERED that the motion to decide the appeal without a respondents brief is denied.
IT IS FURTHERED ORDERED that the respondents memorandum brief submitted on December 20, 2021, is accepted for filing.
Motion Response
Filed By: Karen Mueller
Submit Date: 12-14-2021
Comment: Motion to Move Appeal Frorward without BRS

OCCD
CA
11-24-2021
Memo Brief of Appellant
Brief of Appellant
Filed By: Jason Franckowiak

OCCD
CA
11-09-2021
Record
Comment: 1-1 to 78-1 ELECTRONICALLY FILED

OCCD
CA
11-02-2021
Other Papers
Comment: Copy of transmittal notice for appeal and copy of rec. cert. filed

OCCD
CA
10-26-2021
Hold Status

OCCD
SC
10-25-2021
Order
IT IS ORDERED that the petition for bypass is denied. The petition presents unresolved questions of fact and fails to establish that this case presents a sufficiently well-developed legal issue that meets our criteria for review.

REBECCA GRASSL BRADLEY, J. wrote dissent.
Chief Justice ANNETTE KINGSLAND ZIEGLER and Justice PATIENCE DRAKE ROGGENSACK join the dissent.
Comment: Court Order (Bypass)

OCCD
SC
10-22-2021
Response
Comment: Joint status report re settlement negotiations per 10/21/21 CTO; 10/22/21 - Properly signed copy filed; 10/22/21 - paper copies filed

OCCD
SC
10-21-2021
Order
IT IS ORDERED the respondent-petitioner, Aurora Health Care, is directed to file a response to the petition to bypass no later than 12:00 noon on Friday, October 22, 2021;
IT IS FURTHER ORDERED that, no later than 12:00 noon on Friday, October 22, 2021, the parties shall file with the court a joint status report outlining any efforts towards the settlement of this matter; and
IT IS FURTHER ORDERED that the response and the joint status report shall each be filed as an attachment in pdf format to an email addressed to clerk@wicourts.gov. See Wis. Stat. 809.70, 809.80 and 809.81. A paper original and 10 copies of each filed document must be received by the clerk of this court by 12:00 noon of the business day following submission by email, with the document bearing the following notation on the top of the first page: "This document was previously filed via email."

REBECCA GRASSL BRADLEY, J. wrote dissent.
Chief Justice ANNETTE KINGSLAND ZIEGLER and Justice PATIENCE DRAKE ROGGENSACK join this dissent.
See BYP event filed on 10-20-2021

OCCD
CA
10-21-2021
Notice of Appearance
Comment: Attorney Franckowiak for appellant per notice of appearance.

OCCD
CA
10-21-2021
Case Assigned on Fast Track

OCCD
CA
10-21-2021
Pro Hac Vice Letter

OCCD
CA
10-21-2021
Notif. Sent-Filing of LVO & Court Record

OCCD
CA
10-21-2021
Statement on Transcript
Filed By: Randall Guse
Status: Prev. Filed

OCCD
CA
10-21-2021
Copy of Order Granting Leave - from Cir. Ct.

OCCD
SC
10-20-2021
Fee Paid
Comment: Receipt No: 21R 002430

OCCD
SC
10-20-2021
Petition to Bypass
Filed By: Karen Mueller
Submit Date: 10-20-2021
Decision: (D) Deny
Decision Date: 10-25-2021
IT IS ORDERED that the petition for bypass is denied. The petition presents unresolved questions of fact and fails to establish that this case presents a sufficiently well-developed legal issue that meets our criteria for review.

REBECCA GRASSL BRADLEY, J. wrote dissent.
Chief Justice ANNETTE KINGSLAND ZIEGLER and Justice PATIENCE DRAKE ROGGENSACK join the dissent.
Motion Response
Filed By: Michael Johnson
Submit Date: 10-22-2021
This motion contains court order(s).
Comment: 10/22/21 - paper copies of response filed

OCCD
CA
10-20-2021
Sua Sponte
Filed By: Unassigned District 2
Submit Date: 10-20-2021
Decision: (G) Grant
Decision Date: 10-21-2021
ORD that the appeal will be submitted to the court on the expedited appeals calendar. The appellant shall file a memorandum brief within 14 days of the filing of the record in the Court of Appeals. The respondent shall file a memorandum brief within 14 days of the receipt of the appellant's brief. Those briefs shall not exceed 15 pages if a monospaced font is used or 3,300 words if a proportional font is used. The reply brief, not to exceed 7 pages or 1,540 words, shall be filed within 7 days of receipt of the respondent's brief. The briefs shall comply with the Expedited Appeals Rules for Briefing that are attached to this order. The issues to be briefed are set forth in this courts October 14, 2021 order. Any deviation from the terms of this scheduling order may result in the appeal being removed from the expedited appeals program.
Comment: 10/21/21 Court Order

OCCD
CA
10-19-2021
Response
Comment: Response from Respondent per 10/14/21 CTO requesting expedited briefing.

OCCD
CA
10-18-2021
Response
Comment: Response from Appellant per 10/14/21 CTO requesting expedited briefing

OCCD
CA
10-14-2021
Copy of CTO Grtg. PLV Filed in Cir. Ct.

OCCD
CA
10-13-2021
Notice of Appearance
Comment: Randal Guse for Aurora Health Care

OCCD
CA
10-13-2021
Fee Paid
Comment: Receipt No: 21R 002374

OCCD
CA
10-12-2021
Non-Final Order of Circuit Court

OCCD
CA
10-12-2021
Petition for Leave to Appeal
Filed By: Michael Johnson
Submit Date: 10-13-2021
Decision: (G) Grant
Decision Date: 10-14-2021
IT IS ORDERED that the petition for leave to appeal is granted, without costs. A copy of this order has been forwarded to the clerk of the circuit court. Pursuant to WIS. STAT. RULE 809.11(2), the clerk of the circuit court or responsible court official shall return the copy of the order granting this petition and the docket entries maintained pursuant to WIS. STAT. 59.40 to the clerk of this court within three days of receipt of the order.IT IS FURTHER ORDERED that the order and further circuit court proceedings are stayed pending resolution of this appeal. See WIS. STAT. 808.07(2)(a).
IT IS FURTHER ORDERED that the parties shall have five days from the date of this order to advise this court whether they desire an expedited briefing schedule. Generally, an appeal is appropriate for the expedited appeals calendar if it raises no more than three issues, the parties' briefs will not exceed fifteen pages in length and the briefs can be filed in a shorter time than normally allowed. See WIS. STAT. RULE 809.17(1); Wis. Ct. App. IOP VII (Aug. 1, 2018). This court will set the briefing schedule upon the filing of those responses.
Motion Response
Filed By: Michael Johnson
Submit Date: 10-13-2021
Comment: order to show cause hearing 10/13/21 at 1:30 pm PLV with Appendix (PLV refiled with corrected electronic signature)