7/28/2020: Court to Hold a Hearing on Petition/Writ to terminate QIP
The court hearing will start at 9am, July 28. Since the timeline for this lawsuit could get
lengthy, we provide the potential trajectories it could take below. If there are no delays (such
as further briefing requests by the Court), then the Court has 90 days to issue a decision. Those
often come sooner than the last possible day.
Assuming the Court waits until the outside 90 day deadline of 10/27/20, then to appeal, the
additional timeline is as follows:
• If the Court’s order is simply a validate or invalidate decision, with no other instructions,
the party unhappy with the order has 60 days to appeal that order.
• If the Court finds that QIP was not properly enacted, but orders some other action (like the
Dept. to cure any defects), a party unhappy with that order also has 60 days to appeal.
However, such an order would likely have its own dates and instructions in it, some of
which may be much sooner than 60 days, and so an appeal then would likely happen sooner, maybe even days after the order.
Assuming someone does appeal the Court’s decision, additional timelines could be as noted
below. These are estimates, as some don’t have requirements. It is also important to note
that most allow for a party to request further extensions; for example, parties can and often
do obtain up to 60 day extensions for their briefing deadlines.
• As noted above, the Notice of Appeal is filed within 60 days of final order date.
• After some time allowed for mandatory procedural filings, Court is likely to set an opening
brief deadline for 3-4 months from the Notice of Appeal date.
A response would be due one month after this
A reply would be due 20 days after the response
• Oral argument timing is the toughest to estimate, but a reasonable range would be to assume a hearing 1-1.5 years from when all briefing is complete.
• Decisions after arguments must be issued 90 days from the oral arguments.
Depending upon the party and the issues being appealed, a party could ask that while the appeal is pending, the status quo be maintained. It would be up to the Court to allow this or not.
Plus, there are some types of orders where staying the enforcement (whether to keep operating QIP or stop operating QIP) could be mandatory while an appeal is pending.
Thus, just estimating off of the typical and outside dates, and assuming an appeal to the first
level Court of Appeal only, it could take up to 2.5 years from the trial court’s decision to obtain
a decision from the Court of Appeal. Of course, if no one appeals, then the decision would be
final 60 days after it is issued.