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United States Court Cases

District Of Columbia Court Of Appeals Record

SHARON P. KELLY ET AL. V. PARENTS UNITED FOR D.C. PUB. SCH.

Case Information: 90-CV-1130
Short Caption:SHARON P. KELLY ET AL. V. PARENTS UNITED FOR D.C. PUB. SCH.Classification:Appeals - Civil - Other Civil
Lead:90-CV-1130Consolidated: 90-CV-1158 , 92-CV-1126
Superior Court or Agency Case Number:CA8377-89Filed Date:09/18/1990

Opening Event Date:09/18/1990Case Status:Closed
Record Completed:11/23/1992Post-Decision Matter Pending:
Briefs Completed:05/21/1993
Argued/Submitted:01/11/1994
Disposition:Next Scheduled Action:
Mandate Issued:11/16/1995

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantSharon Pratt Kelly N
Donna M. MuraskyYY
Charles L. Reischel NN
AppelleeParents United for DC Public SchoolsN
Roderic V.O. Boggs NN
G. Brian Busey YN

Events
Event DateStatusDescriptionResult
01/01/1901BARRY JR., MARION ET AL PARENTS UNITED FOR THE D.C. PUBLIC SCHOOLS, ET AL
01/01/1902RE STATUS OF INTERIM ATTY FEE AWARD PROCEEDINGS
01/01/1903NOTE - 01 09/28/90 ORD: GRANTG APLTS MO NOTE - 01 TO STAY APPEAL & APPEAL IS NOTE - 02 HEREBY STAYED; F/O THAT APLTS NOTE - 02 TO ADVISE THIS CRT W/IN 30 DAY NOTE - 03 AS TO THE STATUS OF PROCEEDING NOTE - 03 IN THE TRL CRT. NOTE - 04 1/14/91 ORD: GRANT MO TO CONS NOTE - 04 & 90-1130 & 90-1158 ARE CONSOL NOTE - 05 FOR ALL PURPOSES; GRANT MO TO NOTE - 05 STAY CASES & APLES-X-APLTS TO NOTE - 06 ADVISE THIS CRT IN 30 DAYS AS NOTE - 06 TO THE STATUS OF THE PROCEEDNG NOTE - 07 OF TRL CRT'S DETERMINATION OF NOTE - 07 THE AMOUNT OF ATTORNEY FEES. NOTE - 08 CON 90-1158 NOTE - 08 NOTE - 09 03/27/91 ORD:COUNS FOR APLES-X NOTE - 09 APLTS TO ADVISE THIS CRT W/IN NOTE - 10 30 DAYS AS TO STATUS OF PENDG NOTE - 10 PROCEEDGS IN TRL CRT ON THE NOTE - 11 DETERMNATION OF AMOUNT OF NOTE - 11 INTERIM ATT'S FEE AWARD. NOTE - 12 6/17/91 ORD: CNSL FOR APLES- NOTE - 12 X-APLTS TO ADVISE THIS CRT NOTE - 13 W/IN 30 DYS FRM DT OF ORD AS NOTE - 13 TO STATUS OF PROCEEDINGS PNDG NOTE - 14 IN THE TRL CRT ON THE DETER- NOTE - 14 MINATION OF THE AMOUNT OF THE NOTE - 15 INTERIM ATTY'S FEE AWARD. NOTE - 15 NOTE - 16 9/12/91 ORD: CNSL FR APLT TO NOTE - 16 ADVISE CRT IN 30 AS TO STATUS NOTE - 17 OF PNDNG PROCDNGSIN TRL CRT NOTE - 17 ON DETERMINATION OF AMOUNT NOTE - 18 OF THE INTERIM ATTORNEY'S FEE NOTE - 18 AWARD. NOTE - 19 9/23/91 ORD: CRT'S 9/12/91 NOTE - 19 ORD IS VACATED; CNSL FR APLES NOTE - 20 TO ADVISE CRT IN 30 AS TO NOTE - 20 STATUS OF PNDNG PROCEEDINGS NOTE - 21 IN TRL CRT ON DETERMINATION OF NOTE - 21 AMOUNT OF INTERIM ATTY'S FEE NOTE - 22 AWARD. NOTE - 22 NOTE - 23 12/2/91 ORD: CNSL FR APLES-X- NOTE - 23 APLTS TO ADVISE CRT IN 30 RE NOTE - 24 STATUS OF PENDING PROCEEDINGS NOTE - 24 IN TRL CRT TO DETERMINE AMOUNT NOTE - 25 OF INTERIM ATTY'S FEE AWARD. NOTE - 25 NOTE - 26 3/5/92 ORD: CNSL FR APLES-X- NOTE - 26 APLTS TO ADVISE CRT IN 30 RE NOTE - 27 STATUS OF PENDING PROCEEDINGS NOTE - 27 IN TRIAL CRT ON DETERMINATION NOTE - 28 OF AMOUNT OF INTERIM ATTYS FEE NOTE - 28 AWARD.
09/06/1990APPELLANT'S MOTION FOR STAY FURTHER PROCEEDINGS AD PANEL SCDATE 000000 SCHPRD
09/06/1990NOTICE OF APPEAL
09/18/1990NOTICE OF APPEAL
09/19/1990APPELLEE'S REPLY TO APPELLANT'S MOTION TO STAY RJG PANEL SCDATE 091890 SCHPRD OPE
09/28/1990ORDER SEE NOTE FIELDS 01 THRU 03 GW PANELRO SCDATE 091090 SCHPRD DSA
10/29/1990APPELLANT'S ANSWER/RESPONSE STATUS REPORT PURSUANT TO COURT 9/28/90 ORDER AJ PANEL SCDATE 102990 SCHPRD ANSA
11/13/1990APPELLANT'S MOTION TO CONSOLIDATE IN 90-1158 WITH THIS APPEAL & TO STAY FURTHER PROCEEDINGS, ETC. RJG PANEL SCDATE 000000 SCHPRD
11/15/1990RECORD ON APPEAL FOR 90-1130 ONLY (RTC) RJG PANEL SCDATE 000000 SCHPRD
11/15/1990SUPPLEMENTAL RECORD #1 (115 PGS. - JACKSON; 256 HUNT; 105 PGS. - BURNS; 90 PGS FINNERIN; 31 PGS. - LEWIS) RJG PANEL SCDATE 000000 SCHPRD
11/16/1990SUPPLEMENTAL RECORD PLEADINGS AD PANEL SCDATE 000000 SCHPRD
01/14/1991ORDER SEE NOTE FIELDS 04-07. DAS PANELRO SCDATE 110790 SCHPRD CHECK
02/12/1991STATEMENT OF APLT STATUS REPORT PER COURT'S JAN. 14, 1991 ORDER AD PANEL SCDATE 021491 SCHPRD CHECK
03/27/1991ORDER SEE NOTE FIELDS 9 THRU 11 GW PANELRBH SCDATE 031891 SCHPRD V
04/25/1991STATEMENT TO 3/27/91 ORDER AJ PANEL SCDATE 042691 SCHPRD CHECK
06/17/1991ORDER SEE NOTE FIELDS 12 - 15 GR PANELRBH SCDATE 060491 SCHPRD GR
07/16/1991STATEMENT TO 6/18/91 ORDER AJ PANEL SCDATE 071791 SCHPRD STATE
09/12/1991ORDER SEE NOTE FIELDS 16-18. EVH PANELRBH SCDATE 090491 SCHPRD V
09/23/1991ORDER SEE NOTE FIELDS 19-22.EVH PANELRO SCDATE 101591 SCHPRD STATE
10/22/1991STATEMENT OF APLT STATUS REPORT PURSUANT TO THIS COURT'S SEPTEMBER 23, 1991 ORDER AJ PANEL SCDATE 102591 SCHPRD STATE
12/02/1991ORDER SEE NOTE FIELDS 23-25. EVH PANELRBH SCDATE 112691 SCHPRD V
12/30/1991STATEMENT PURSUANT TO 12/3/91 ORDER AJ PANEL SCDATE 011692 SCHPRD STATE
03/05/1992ORDER SEE NOTE FIELDS 26-28. EVH PANELRBH SCDATE 030392 SCHPRD V
04/03/1992STATEMENT to 3/5/92 order
06/10/1992Counsel for appellees/cross-appellants shall advise this court within 30 days from the date of this order as to the status of the pending proceedings in the trial court on the determination of the amount of the interim attorneys fee award. (JAC)
06/18/1992LETTER from Judge Harriett R. Taylor re: having all pleadings sent to Judge Wertheim for future references.
07/09/1992STATEMENT of appellee-x-appellant's pursuant to Court's order dated 6/11/92; on the status of trial proceedings.
08/14/1992ORDER: Counsel for appellees/cross-appellants shall advise this court within 30 days from the date of this order as to the status of the pending proceedings in the trial court on the determination of the amount of the interim attorneys fee award. (JAC)
09/15/1992STATEMENT of appellee's-x-appellant's on status of trial court proceedings.
09/29/1992STATEMENT REGARDING TRANSCRIPT(S)
09/29/1992DESIGNATION OF RECORD
09/29/1992APPELLANT'S DOCKETING STATEMENT
09/29/1992APPELLANT'S MOTION TO CONSOLIDATE w/90cv1158 and 92cv1126
10/21/1992ORDER GRANTING APPELLANT'S MOTION TO CONSOLIDATE appeal nos. 90-cv-1130, 90-cv-1158 & 92-cv-1126 for all purposes herein. F/O that appellants/cross-appellees, in no. 92-cv-1126, shall, within 10 days from the date of this order, file the docketing statement, designation of record and statement regarding transcript with the Superior Court, Office of Appeals Coordinator, Room 3148, and shall simultaneously file a copy of those documents with this court, accompanied by a motion for leave to file the above or to request an extension of time within which to do so, or theappeal may be dismissed. (By JWR)
10/22/1992APPELLANT'S ANSWER/RESPONSE to court's ord dtd 10/21/92
11/03/1992APPELLANT'S MOTION FOR LEAVE TO FILE DS and the lodged docketing statement, designation of record and statement regarding transcript are filed. F/O that the Clerk of Superior Court shall prepare and transmit the record on appeal in appeal no. 92-CV-1126 to this court forthwith. (BY WHN)
11/03/1992APPELLANT'S DOCKETING STATEMENT
11/03/1992DESIGNATION OF RECORD
11/03/1992STATEMENT REGARDING TRANSCRIPT(S)
11/23/1992RECORD ON APPEAL in case 92cv1126.
11/23/1992RECORD COMPLETED
02/09/1993ORDER: The brief of appellant shall be filed within 40 days from the date of this order and the brief of appellee shall be filed within 30 days thereafter. Any requests for an extension of time will be looked upon with disfavor and granted only in extraordinary circumstances. (By WHN)
02/24/1993APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until 4/21/93.
03/11/1993ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF and the brief of appellants/cross-appellees shall be filed on or before April 21, 1993. (NFX) (BY WHN)
04/21/1993APPELLANT'S BRIEF sharon pratt kelley
05/21/1993APPELLEE/CROSS-APPELLANT'S BRIEF
05/21/1993BRIEFS COMPLETED
05/27/1993APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to 1 week
06/11/1993ORDER GRANT APLT-X-APLE MO TO EXT TM TO FILE BRIEF and the brief of appellants/cross-appellees shall be filed on or before July 6, 1993. (BY WHN)
06/29/1993APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to July 20, 1993.
07/16/1993ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF (reply), and the reply brief of appellants/cross-appellees shall be filed on or before July 20, 1993. (BY WHN)
07/20/1993APPELLANT'S REPLY BRIEF and Brief for Sharon P. Kelly, Et Al as cross-appellees.
08/05/1993RECEIVED - reply brief of aple/aplt (parents united)
08/06/1993APPELLEE'S MISCELLANEOUS PROCEDURAL MOTION cross aplt's for leave to file reply brief
08/06/1993MOTION(S) FEE PAID
09/10/1993ORDER GRANT APLE MISCELLANEOUS PROCEDURAL MOTION for leave to file the reply brief, and the lodged reply brief is filed. (BEARB) (BY WHN)
09/10/1993APPELLEE-CROSS-APPELLANT REPLY BRIEF
11/08/1993FINAL SCREENING - REGULAR CALENDAR
01/05/1994CERTIFICATE PER RULE 28 - Transmitted to division on January 6, 1994.
01/11/1994FiledACTION - Argued / Submitted
01/11/1994ARGUED (FE,SC,PR) Donna M. Murasky, Esquire, for appellant. Leslie J. Cloutier, Esquire, for appellee.
01/11/1994CERTIFICATE PER RULE 28 - Transmitted to division 1/11/94
01/13/1994CERTIFICATE PER RULE 28 1/14/94 (Trans) by JAC
03/29/1994CERTIFICATE PER RULE 28
04/04/1994MEMORANDUM - Trans to division correspondence rec'd from counsel for appellant on March 29, 1994, pursuant to Rule 28 k.
04/21/1994AFFIRMED IN PART/REVERSED IN PART/REMANDED OPINION
05/05/1994ORDER Sua Sponte that pate 22 of the slip opinion rleased on 4/21/94 be amended as follows: the disposition changed form Reversed and remanded to Affirmed in part, reversed in part, and remanded
05/09/1994ORD GRT APLT MO TO EXTEND TIME TO FILE PET FOR REH on or before May 26, 1994. (FE)
05/26/1994APLT'S PETITION FOR REHEARING/REHEARING EN BANC
06/08/1994ORDER directing Parents United for D.C. Public Schools, et al. within 20 days from the date of this order shall file a response to pet for reh/reh en banc (10 copies). (FE)
06/28/1994APPELLEE'S ANSWER/RESPONSE -to petition for rehearing or rehearing en banc
07/12/1994RECEIVED appellant's reply to response to petition for rehearing or rehearing en banc.
07/12/1994APPELLANT'S MOTION FOR LEAVE TO FILE A REPLY to response to petition for reharing or rehearing en banc.
07/20/1994CHANGE OF ADDRESS RECEIVED by: Washington Lawyers Committee for Civil Rights and Urban Affairs 1300 19th Street, N.W. Suite 500 Washington, D.C. 20036 (202) 835-0031
09/28/1994ORDER The peition is granted to the extent reflected in this order: 1. In Kelly v. Parents United for the District of Columbia Public School, 641 A.2d 159 (D.C. 1994), the following footnote 13A shall be added at 641 A.2d 165, second column, second full paragraph, as follows: ...whether the Nurse Assignment Act creates an implied private right of action {13A} it follows that.... Per Curiam (FE,SC,PR)
10/03/1994APPELLEE'S MISCELLANEOUS PROCEDURAL MOTION for leave to file supplement to rehearing petition.
10/03/1994RECEIVED Supplement to petition for rehearing or for rehearing en banc.
10/17/1994APPELLEE'S OPPOSITION to the District's motion for leave to file a supplement in support of the District's petition for rehearing.
10/18/1994APPELLEE'S REPLY to opposition to the District's motion for leave to file a supplement to petition for rehearing or for rehearing en banc.
10/19/1994APPELLANT'S REPLY to opposition to the District's motion for leave to file a supplement to petition for rehearing or for rehearing en banc.
10/24/1994ORDER On consideration of the pet for reh/reh en banc filed by aplts/x-aples, as supplemented, the court has concluded that addt'l briefing is necessary to assist it in deciding whether to grant the petition. Therefore, the parties shall, by supplemental memoranda filed simultaneously on or before November 30, 1994, address the issues as stated in this order. (EB) (Associate Judge King is recused from these cases.)
11/28/1994APPELLEE'S MISCELLANEOUS PROCEDURAL MOTION for enlargement of time to file supplemental memorandum pursuant to this court's 10/24/94 order. (unopposed)
11/28/1994MOTION(S) FEE PAID
11/29/1994APLE MOTION TO EXTEND TIME TO FILE ANSWER/RESPONSEto 30 days
12/05/1994ORD GRANT APLE MO TO EXT TIME TO FILE SUPPL BRIEF on or before December 14, 1994. Any further request for an extension of time will be looked upon with disfavor and granted only upon a showing of good cause. (WA)
12/08/1994APPELLEE'S MISCELLANEOUS PROCEDURAL MOTION to establish simultaneous extension deadlines for supplemental memoranda requested in this court's 10/24/94 order. (no oppo)
12/08/1994MOTION(S) FEE PAID
12/29/1994RECEIVED appellant's response to this court's order of October 24, 1994.
12/30/1994RECEIVED appellees' supplemental memorandum in response to this court's order of October 24, 1994.
01/05/1995ORDER grant the motions of appellants and appellees to extend time to file response to this court's order of October 24, 1994, and the Clerk is directed to file the lodged responses. (EB) (Judges King and Ruiz are recused from these cases.)
01/05/1995APPELLANT'S SUPPLEMENTAL BRIEF/MEMORANDUM to this court's order of October 24, 1994
01/05/1995APPELLEE'S SUPPLEMENTAL BRIEF/MEMORANDUM to this court's order of October 24, 1994.
11/08/1995ORDER DENYING APLT PETITION FOR REHEARING EN BANC and grant the motion of aplt/x-aple for leave to file reply and the motion for leave to file supplement to petition and the Clerk is directed to file the lodged reply and the lodged supplement. (Judges King, Ruiz, and Reid are recused from these cases.) (Judges Wagner and Terry would grant rehearing en banc.) (EB)
11/08/1995APPELLANT/CROSS-APPELEE'S REPLY to reponse to petition for rehearing en banc
11/08/1995APPELLANT'S SUPPLEMENTAL BRIEF/MEMORANDUM in support of petition for rehearing en banc
11/16/1995MANDATE ISSUED
05/21/1996ORDER On further consideration of the pet of aplts/ cross-aples for reh and the suppl briefs filed by the parties, it is Ordered that, except for that portion of the pet for reh resolved by this court's order filed Sept. 28, 1994, the remainder of aplts/cross-aples' petition for rehearing is denied. (FE,SC,PY)