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
|
Brief of Amicus Curiae/Non-Party
Brief of Amicus Curiae (Association of American Physicians and Surgeons) |
|
|
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
|
Brief of Amicus Curiae/Non-Party
Brief of Amicus Curiae (American Medical Association and the Wisconsin Medical Society) |
|
|
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
|
Order Granting Leave Filed in Circuit Court
|
|
|
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) |
||||