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United States Court Cases

District Of Columbia Court Of Appeals Record

FRANCISCA BREEDEN, ET AL. V. JONATHAN WOODNER COMPANY, ET AL

Case Information: 90-CV-0541
Short Caption:FRANCISCA BREEDEN, ET AL. V. JONATHAN WOODNER COMPANY, ET ALClassification:Appeals - Civil - Other Civil
Lead: 90-CV-0362 Consolidated:90-CV-0541
Superior Court or Agency Case Number:CA12817-80Filed Date:03/26/1990

Opening Event Date:03/26/1990Case Status:Closed
Record Completed:11/05/1990Post-Decision Matter Pending:
Briefs Completed:04/22/1992
Argued/Submitted:03/09/1995
Disposition:Next Scheduled Action:
Mandate Issued:02/27/1997

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
Amicus-AppelleeShipley CorporationN
Joseph B. Whitebread, Jr.YN
Amicus-AppelleeEstate of Ian WoodnerN
Joseph B. Whitebread, Jr.YN
AppellantBreeden Et Al., FranciscaN
Roy L. Pearson, Jr.NY
AppelleeJonathan Woodner Company Et Al/N
John J. Dillon NN
B. Michael Rauh YN
Gregory K. Wells YN

Events
Event DateStatusDescriptionResult
01/01/1901JOYNER, ELISE ET Al JONATHAN WOODNER COMPANY ET AL
01/01/1902 TO MMP FILED 3/5/92
01/01/1903NOTE - 01 11-5-90 SR#2(78 PGS/TAPE; NOTE - 01 55 PGS/ARITS; 27 PGS/EDLEY; NOTE - 02 13 PGS/RUST; 27 PGS/WILLIAMS; NOTE - 02 39 PGS/HOLLAND; 25 PGS/BURNS; NOTE - 03 158 PGS/GRAYBILL; 48P JACKSON; NOTE - 03 80 PGS/SWARINGER; 10P BREMEN; NOTE - 04 64 PGS GLEASON; 68 PGS/BURNEY; NOTE - 04 58 PGS/BRADLEY; & 310PG/GOAD. NOTE - 05 4/5/91 ORD: GRANT MO OF APLES NOTE - 05 TO FL SUPP BRF IN SUPPORT OF NOTE - 06 MO TO DISMISS; DENY MO'S OF NOTE - 06 APLT TO STRIKE MO TO DIMISS NOTE - 07 ARE DENIED; GRANT MO OF APLES NOTE - 07 TO DISMISS 90-540 & DENY MO TO NOTE - 08 DISMISS 90-541; LTR OF CNSL NOTE - 08 FOR APLES ASKING THE CRT NOT NOTE - 09 TO CONS CASES TO BE TREATED AS NOTE - 09 A MO & IS DENIED; SS, CONS NOTE - 10 90-362 & 90-541 & APLTS IN 90- NOTE - 10 362 SHALL BE DEEMED AS APLTS NOTE - 11 FOR THE PURPOSE OF RULE 28 & NOTE - 11 35(e); MO OF APLTS TO REDACT NOTE - 12 90-541 FROM REC & RT TRANSMIT- NOTE - 12 TED TO THE CRT IS DENIED; DENY NOTE - 13 MO OF APLTS TO MODIFY APLES NOTE - 13 COUNTER DESIG OF REC; DENY MOS NOTE - 14 OF APLT IN 90-540 TO EXT TM TO NOTE - 14 FL DSA, DR & SRT AS MOOT; BRF NOTE - 15 APLES-X-APLT, JONATHAN WOODNER NOTE - 15 DUE IN 40 DAYS. NOTE - 16 CON 90-362 NOTE - 16 NOTE - 17 10/2/91 ORD: APLTS-X-APLES, NOTE - 17 ELISE JOYNER, ET AL. MAY FL A NOTE - 18 BRF NOT TO EXCEED 100 PGS BY NOTE - 18 11/5/91; APLES-X-APLTS, JONA- NOTE - 19 THAN WOODNER, ET AL. MAY EACH NOTE - 19 FL A REPLY BRF NOT TO EXCEED NOTE - 20 25 PGS W/IN 30 DAYS AFTER THE NOTE - 20 BRF OF ELISE JOYNER IS FL; CLK NOTE - 21 THEN TO SCHED CASES AS SOON NOTE - 21 AS CAL PERMITS; EXCEPT AS PRO- NOTE - 22 VIDED IN THIS ORD, THE MO'S NOTE - 22 OF THE PARTIES ARE IN ALL NOTE - 23 OTHER RESPECTS DENIED. NOTE - 23 NOTE - 24 12/23/91 ORD: GRANT MO OF APLE NOTE - 24 -X-APLT FOR LV TO FL SUPP BRF NOTE - 25 & CLK TO FL SUPP BRF; GRANT MO NOTE - 25 OF APLT-X-APLE TO MODIFY THIS NOTE - 26 CRT'S ORD OF 10/2/91; BRF OF NOTE - 26 APLT-X-APLE ELISE JOYNER SHALL NOTE - 27 BE FL IN 90; MO TO DISMISS IS NOTE - 27 REFERRED TO THE MO'S DIV.
03/26/1990NOTICE OF APPEAL
05/10/1990$50.00 DOCKETING FEE AJ PANEL SCDATE 000000 SCHPRD
05/10/1990RECEIVED DOCKETING STATEMENT (APLT) AJ PANEL SCDATE 051090 SCHPRD DSA
05/18/1990ORDER DIRG APLTS, W/IN 10 DAYS, TO FILE DR/SRT & $50 FEE OR APPEAL TO BE DISMISD. FVH PANELRO SCDATE 000000 SCHPRD
05/24/1990COUNTER DESIGNATION OF RECORD RJG PANEL SCDATE 000000 SCHPRD
05/29/1990STATEMENT REGARDING TRANSCRIPT(S) AJ PANEL SCDATE 000000 SCHPRD
06/19/1990RECEIVED AMENDED CERTIFICATION OF SERVICE AJ PANEL SCDATE 000000 SCHPRD
07/03/1990APPELLEE'S MOTION TO DISMISS/WITHDRAW APPEAL JT PANEL SCDATE 000000 SCHPRD
07/11/1990APPELLANT'S MOTION TO STRIKE APPELLEE'S MOTION TO DISMISS RJG PANEL SCDATE 000000 SCHPRD
07/23/1990APPELLEE'S OPPOSITION TO APLT'S MO TO STRIKE AJ PANEL SCDATE 000000 SCHPRD
07/24/1990RECEIVED COPY OF ORDER DATED 6-15-90 FROM SUPERIOR COURT PANEL SCDATE 000000 SCHPRD
08/02/1990RECEIVED COPY OF ORDER OF JUDGE SALZMAN DATED 8/1/90 FILED IN TRIAL COURT RJG PANEL SCDATE 000000 SCHPRD
08/23/1990APPELLANT'S MOTION TO STRIKE (DIAZ) APLE'S MO TO DISMISS APLT'S CROSS APPEAL AD PANEL SCDATE 000000 SCHPRD
08/23/1990APPELLANT'S MOTION TO EXTEND TIME TO FILE DR & SRTIN 90-540 (DIAZ) AND SRT, AND DSA TO 9-30-90 AD PANEL SCDATE 000000 SCHPRD
11/05/1990RECORD ON APPEAL AD PANEL SCDATE 070190 SCHPRD R
11/05/1990SUPPLEMENTAL RECORD #1(EXHIBITS 3-4-81 & 4-18-89) AD PANEL SCDATE 000000 SCHPRD
11/05/1990SUPPLEMENTAL RECORD #2(SEE NOTE FIELDS 1-4) AD PANEL SCDATE 000000 SCHPRD
11/05/1990RECORD COMPLETED
11/07/1990SUPPLEMENTAL RECORD VOLUME VII SEE 90-738 AD PANEL SCDATE 000000 SCHPRD
11/07/1990SUPPLEMENTAL RECORD VOLUME VI SEE 90-738 AD PANEL SCDATE 000000 SCHPRD
11/07/1990SUPPLEMENTAL RECORD VOLUME V SEE 90-738 AD PANEL SCDATE 000000 SCHPRD
11/07/1990SUPPLEMENTAL RECORD VOLUME I (SEE 738) RJG PANEL SCDATE 000000 SCHPRD
11/07/1990SUPPLEMENTAL RECORD IN 90-738 SEE NOTE FIELDS 34 THRU 39) RJG PANEL SCDATE 000000 SCHPRD
11/07/1990SUPPLEMENTAL RECORD VOLUME III IN 90-738 SEE NOTE FIELDS 40 THRU 44) RJG PANEL SCDATE 000000 SCHPRD
11/07/1990SUPPLEMENTAL RECORD VOLUME IV IN 90-738 (SEE NOTE FIELDS 45 - 50) RJG PANEL SCDATE 000000 SCHPRD
11/13/1990APPELLANT MOTION TO EXTEND TIME TO FILE OPPOSITIONTO NOVEMBER 20, 1990 RJG PANEL SCDATE 000000 SCHPRD
11/16/1990SUPPLEMENTAL RECORD #2 (2 WHITE POSTER BOARDS; 5 MANILLA ENVELOPES & 2 TAPES) RJG PANEL SCDATE 000000 SCHPRD
12/03/1990MISCELLANEOUS PROCEDURAL MOTION OF APLE MO TO FILE SUPP. BRIEF IN SUPPORT OF MO TO DISMISS APLT'S CROSS-APPEALS AD PANEL SCDATE 000000 SCHPRD
12/11/1990MISCELLANEOUS PROCEDURAL MOTION OF APLT MO TO REDACT 90-541 & TRANSCRIPT TRANSMITTED TO THE CT & REQUIRE COMPLANCE R.10 AJ PANEL SCDATE 000000 SCHPRD
12/11/1990APPELLANT'S OPPOSITION TO APLE'S MO TO FL SUPPLEMENT BR IN SUPPORT OF MO TO DIS APLT'S CROSS APPEALS AJ PANEL SCDATE 000000 SCHPRD
12/18/1990MISCELLANEOUS PROCEDURAL MOTION OF APLT TO MODIFY APLE'S COUNTER DESIGNATION OF THE RECORD AJ PANEL SCDATE 000000 SCHPRD
12/20/1990APPELLEE'S OPPOSITION TO APLT'S MOTION TO REDACT 90-541 FROM RECORD & RT, ETC. RJG PANEL SCDATE 122490 SCHPRD OPE
12/20/1990APPELLEE'S OPPOSITION TO APPELLANT'S MOTION TO MODIFY APLE'S COUNTER-DESIGNA- TION OF RECORD RJG PANEL SCDATE 122090 SCHPRD OPE
12/20/1990RECEIVED APLE'S REPLY TO APLT'S OPPO TO APLE'S MO FOR LEAVE TO FILE SUPP. BRIEF RJG PANEL SCDATE 000000 SCHPRD
12/20/1990APPELLEE'S REPLY TO APLT'S OPPO TO APLE'S MO FOR LEAVE TO FILE SUPP. BRIEF RJG PANEL SCDATE 000000 SCHPRD
01/03/1991RECEIVED APPELLANT'S REPLY TO APLES OPPO TO MO TO MODIFY APLE'S CDR RJG PANEL SCDATE 000000 SCHPRD
01/03/1991RECEIVED APPELLANT'S REPLY TO APLES MO TO REDACT 90-541 FROM RECORD & RT TRANSMITTED TO COURT RJG PANEL SCDATE 000000 SCHPRD
04/05/1991ORDER SEE NOTE FIELDS 05-15. DAS PANELTEFAGA SCDATE 032091 SCHPRD VS
04/19/1991ORDER GRANTG JOIN MO OF APLTS TO ORD REALLOCATG ALLOWABLE PAGES IN THEIR BRIEF. GW PANELRO SCDATE 040891 SCHPRD V
05/14/1991SUPPLEMENTAL RECORD #3 (MEMO OF PT'S & AUTHORITIES IN OPPO OF PLANITIFFS'S MO FOR SUMMARY JUDGEMENT AJ PANEL SCDATE 000000 SCHPRD
05/15/1991APPELEE'S BRIEF THE ESTATE OF JONATHAN WOODNER RJG PANEL SCDATE 000000 SCHPRD
05/15/1991APPELLEE/CROSS-APPELLANT'S BRIEF JONATHAN WOODNER CO., ET AL APPENDIX ATTACHED PMB PANEL SCDATE 051591 SCHPRD BEA
05/15/1991APPELEE'S BRIEF OF STEVE Z. LAUFER & LIST AND APPENDIX FILED 5/28/91 RJG PANEL SCDATE 000000 SCHPRD
05/16/1991SUPPLEMENTAL RECORD #5 (48 PGS/TREMEL) PMB PANEL SCDATE 000000 SCHPRD
05/16/1991SUPPLEMENTAL RECORD #4 SUPPLEMENTAL RECORD PMB PANEL SCDATE 000000 SCHPRD
05/24/1991MISCELLANEOUS PROCEDURAL MOTION OF APLT X APLE JOINT FOR AN ORDER CLARIFYING THE BRIEFING SCHD AJ PANEL SCDATE 000000 SCHPRD
06/03/1991OPPOSITION TO JOINT MOTION OF APLT X APLE FOR ORDER CLARIFYING THE BRIEFING SCHD AJ PANEL SCDATE 060591 SCHPRD OP
06/07/1991LETTER FROM APLT'S COUNSEL IN 90-362 RE: SCHEDULING OF PLGS. ON APPEAL RJG PANEL SCDATE 000000 SCHPRD
06/07/1991REPLY OF APLE-X-APLT TO APLT-X-APLES OPPOSITION TO JOINT MOTION FOR ORD CLARIFYING BRIEFG SCHED RG PANEL SCDATE 000000 SCHPRD
06/14/1991MISCELLANEOUS PROCEDURAL MOTION OF APLE TO SET DT FOR THE FL OF APLE'S BR. 3 BR IN 90-362 & FL OF APLE SINGLE BRIEF AJ PANEL SCDATE 000000 SCHPRD
06/14/1991MOTION(S) FEE PAID AJ PANEL SCDATE 000000 SCHPRD
06/25/1991APPELLANT'S OPPOSITION TO APLE'S MO TO ST DT FLIN OF APLE'S 3 BR IN 90-362 & FL OF APLT'S SLG BR IN A 90-541 AJ PANEL SCDATE 062691 SCHPRD OPA
07/01/1991APPELLEE'S REPLY TO APLT'S OP OT APLE MO TO SET DT FOR THE FL OF APLT 3 BR IN & THE FL OF APLT AJ PANEL SCDATE 000000 SCHPRD
10/02/1991ORDER SEE NOTE FILEDS 17-23. DAS PANELRO SCDATE 062191 SCHPRD Q
10/11/1991APLT MOTION FOR LV TO FILE SUPPLEMENTAL BRF/MEMO (JOINT) AJ PANEL SCDATE 000000 SCHPRD
10/18/1991APPELLEE'S OPPOSITION TO APLT'S JOINT MOTION FOR LEAVE TO FILE SUPP. BRIEF RJG PANEL SCDATE 000000 SCHPRD
10/23/1991APPELLANT'S REPLY TO APLE'S OPP TO JOINT OF APLT FOR LV TO FILE SUPPLEMENTAL BRIEF AJ PANEL SCDATE 000000 SCHPRD
10/31/1991MISCELLANEOUS PROCEDURAL MOTION OF APPELLEE'S IN 90-362 TO MODIFY ORDER OF 10/2/91 RJG PANEL SCDATE 000000 SCHPRD
11/01/1991APPELLANT'S OPPOSITION APLT X APLE TO APLE X APLT MO TO MODIFY ORD 10/2/91 IN IN 90-362 AJ PANEL SCDATE 000000 SCHPRD
11/08/1991APPELLEE'S MOTION TO DISMISS/WITHDRAW APPEAL PMB PANEL SCDATE 000000 SCHPRD
11/08/1991MOTION(S) FEE PAID PMB PANEL SCDATE 000000 SCHPRD
11/15/1991APPELLANT'S OPPOSITION TO MDSE FILED 11/8/91 PANEL SCDATE 112091 SCHPRD OPA
11/19/1991APPELLEE'S REPLY TO APLT-x-APLE'S OPPO TO MOTION TO DISMISS 90-541 RJG PANEL SCDATE 000000 SCHPRD
12/23/1991ORDER SEE NOTE FIELDS 24-27. DAS PANELRO SCDATE 000000 SCHPRD
03/05/1992MISCELLANEOUS PROCEDURAL MOTION OF APPELLANT'S TO FURTHER MODIFY ORDER OF 10/2/91 RJG PANEL SCDATE 000000 SCHPRD
03/05/1992MOTION(S) FEE PAID FOR MMP RJG PANEL SCDATE 000000 SCHPRD
03/12/1992APPELLANT'S REPLY to aple-x-aplt's motion to further modify order of 10/2/91.
03/30/1992RECEIVED appellee-x-appellant appendix of key pleadings, transcripts
04/01/1992RECEIVED - supplement to motion to further modify order 10/2/91
04/09/1992ORDER Deny motion of appellee-x-appellant, Jonathan Wooder, to dismiss appeal. (By KG-RY-PY)
04/22/1992ORDER This court's order of 4/17/92 is amended to the extent that the Clerk shall file the brief of Elise Joyner, et al.; Reply brief of Jonathan Woonder Company, if any, shall be filed on or before 5/14/92 and shall not to exceed 40 pages. (By RO)
04/22/1992APPELLEE/CROSS-APPELLANT'S BRIEF (Elise Joyner, et al.)
04/22/1992BRIEFS COMPLETED
05/13/1992AMICUS CURIAE MOTION FOR LEAVE TO FILE BRIEF
05/14/1992APPELLANT-CROSS-APPELLEE REPLY BRIEF
05/14/1992APPELLANT'S REPLY BRIEF (steve z. laufer)
05/14/1992RECEIVED Appellant/Cross-Appellee, Jonathan Woodner Company, reply brief with appendix.
05/15/1992APLT-X-APLE MOTION FOR LEAVE TO FILE BRIEF
05/20/1992APPELLANT'S OPPOSITION to motion of Shipley Corporation & the Estate of Ian Woodner for leave to file Amici Curiae brief in opposition to plaintiff's cross-appeal (90-541).
05/26/1992APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to strike aple. joint brief in appeal # 90-541
05/27/1992MOTION(S) FEE DUE
05/27/1992RECEIVED reply of Shipley Corporation and the Estate of Ian Woodner in support of their motion for leave to file Amicus Curiae Brief in opposition to plaintiff's cross-appeal.
06/02/1992APPELLANT/CROSS-APPELLEE'S OPPOSITION TO APPELLES'S /CROSS-APPELLANTS' MOTION TO STRIKE APPELLEES' JOINT BRIEF IN 90cv541
06/05/1992APPELLEE/CROSS-APPELLANT'S REPLY to opposition to motion to strike
06/05/1992APPELLANT/CROSS-APPELLEE'S ANSWER/RESPONSE to opposition to motion to strike
06/12/1992FINAL SCREENING - REGULAR CALENDAR
06/22/1992CERTIFICATE PER RULE 28
07/08/1992ORDER GRANT APLT MISCELLANEOUS SUBSTANTIVE MOTION to clarify this court's orders of April 17 & April 22, 1992, and to reallocate the allowable pages in appellants-x-appellees' respective reply briefs. ORDERED that appellants-x-appellees shall file, forthwith, their replies of not more that 40 pages, to be allocated among appellants-x-appellees as follows: the Jonathan Woodner Company's reply of not more than 20 pages, the Estate of Jonathan Woodner's reply of not more than 10 pages and Steven Laufer's reply of not more than 10 pages. F/O that appellees-x-appellants' request for 30 days in which to file thier reply brief after appellants-x-appellees replies are filed is granted. (JWR)
07/08/1992ORDER GRANTING AC'S MOTION FOR LEAVE TO FILE BRIEF and the lodged brief of Shipley Corp. and the Estate of Ian Woodner is filed.
07/08/1992AMICUS CURIAE'S BRIEF of Shipley Corporation and the Estate of Ian Woodner.
07/14/1992APPELLANT'S MOTION FOR RECONSIDERATION CROSS APLES' JOINT MOTION FOR RECONSIDERATION OF THE COURT'S JULY 8, 1992 ORDER
07/16/1992APPELLEE/CROSS-APPELLANT'S OPPOSITION to appellant-x-appellee's joint motion for reconsideration of the court's July 8, 1992 order.
07/17/1992APPELLANT/CROSS-APPELLEE'S ANSWER/RESPONSE in support of appellants/cross -appellees' joint motion for reconsederation of court's 7/8/92 order
08/28/1992ORDER GRANTING in part the joint motion of appellants/cross-appellees to the extent that the lodged reply breifs of appellants/cross-appellees, The Estate of Jonathan Woodner and Steven Laufer, are accepted for filing. (J Terry)
08/28/1992ORDER DENYING in part the joint motion of appellants/cross-appellees to the extent that the reply brief of appellant/cross-appellee, The Jonathan Woodner Company, is in excess of the page limits specified in this court's July 8, 1992, order, and the Clerk shall return said reply brief to appellant/cross-appellee so that a proper reply brief can be filed. F/O that appellant/cross-appellee, The Jonathan Woodner Company, shall file a reply brief of no more than 20 pages with this court on or before September 16, 1992. (J Terry)
09/16/1992APPELLANT'S REPLY BRIEF (APPENDIX OF TRANSCRIPT PAGES CITED IN REPLY BRIEF FOR APPELLANT THE JONATHAN WOODER CO.)
10/13/1992APLE-X-APLT MOTION TO EXTEND TIME TO FILE REPLY BRIEF.
10/13/1992MOTION(S) FEE PAID
10/15/1992APPELLANT/CROSS-APPELLEE'S OPPOSITION to fourth request for extension of time and request for two separate one-hour arguments in these consolidated cases.
10/30/1992APPELLANT'S REPLY BRIEF
11/05/1992APPELLANT'S MISCELLANEOUS SUBSTANTIVE MOTION for merits division to substutute real parties in interest as aple's, or to add intervenors in appeal no. 90 CV 541
11/05/1992MOTION(S) FEE PAID
11/06/1992ORDER On consideration of appellees/cross-appellants' motion for a brief extension of time within which to file the reply brief, motion for extended argument, appellants/cross-appellees' opposition to those motions, and the motion for extended argument contained therein, it is ORDERED on behalf of the merits division assigned to consider these appeals appeals that appellees'cross-appellants' motion for a brief extension of time is granted, and appellees/cross-appellants' reply brief shall be filed on or before October 30, 1992. It is F/O that appellants/cross-appellees' and appellees/cross-appellants' motions to extend time for oral argument are denied (WHN)
11/12/1992AMICUS CURIAE'S OPPOSITION to motion to substitute themas real parties in interest or as intervenors in appeal no. 90-cv-541.
11/16/1992ORDER sua sponte on behalf of the merits division assigned to consider this appeal that this appeal is hereby removed from the regular calendar of Monday, November 23, 1992, at 9:30 a.m. Argument will be scheduled after resolution of the petition for rehearing and rehearing en banc filed in Nos. 87-CV-238 and 87-CV-283, Bernstein v. Fernandez (D.C. March 28, 1991). (WHN)
11/16/1992CASE STAYED until disposition of 87-CV-238.
11/17/1992CERTIFICATE PER RULE 28
12/17/1992MEMORANDUM Transmitting to division correspondence received from appellees/cross-appellants pursuant to Rule 28 (k)
12/18/1992ORDER On consideration of the motion of appellants in no. 90-CV-541 to substitute real parties in interest as appellees, or to add intervenors in appeal no. 90-CV-541, and the opposition of amici curiae to said motion, it is ORDERED that the motion is denied. STFAKG
06/23/1993COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS aple/cross aplt (Joyner) Granted
06/23/1993MOTION(S) FEE PAID
07/14/1993APPELLANT'S REPLY to response to motion withdraw appearance on behalf of certain aples in appeal 90 cv 362 and certainaplts in appeal 90 cv 541
07/27/1993CERTIFICATE PER RULE 28
08/05/1993ORD GRT COUNSEL MO TO WITHDRAW FOR BUSINESS REASON (of aples-x-aplts), and the appearance of Roy L. Pearson, Esquire, is hereby withdrawn. F/O that appellees/cross-appellants, Elise Joyner and Clarece Thame, shall advise this court within 30 days from the date of this order as to the identity of new counsel or if they intend to proceed on appeal pro se. (BY J Terry)
09/08/1993APPELLEE'S MISCELLANEOUS PROCEDURAL MOTION to request an extension of time to advise this court of new counsel. (evh)
09/08/1993MOTION(S) FEE PAID
09/28/1993ORDER GRANT APLE MISCELLANEOUS PROCEDURAL MOTION (cross-appellants), and appellees-x-appellants shall advise this court within 30 days from the date of this order as to the identity of new counsel. (BY WHN)
10/28/1993APPELLEE'S MISCELLANEOUS PROCEDURAL MOTION to request a further extension of time to advise court of new counsel.
10/28/1993MOTION(S) FEE PAID
11/30/1993ORDER GRANT APLE MISCELLANEOUS PROCEDURAL MOTION (cross-appellants), and appellees-x-appellants shall advise this court, within 30 days from the date of this order, as to the identity of new counsel. (BY: WHN) (evh)
01/14/1994ORDER: Appellees-x-appellants shall, within 15 days from the date of this order, file the statement regarding the identity of new counsel, accompanied by a motion for leave to file the statement out of time. Failure to comply will result in appellees-x-appellants proceedings with this appeal on a pro se basis. (By: WHN)
02/04/1994APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for leave to file out of time a motion to request a further extension oftime to advise the court of new counsel. (aples-x-aplts in 90cv362)
02/04/1994MOTION(S) FEE PAID
02/04/1994RECEIVED motion to request a further extension of time to advise thecourt of the identity of new counsel.
02/04/1994MOTION(S) FEE PAID
03/08/1994ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION (aples-x-aplts) for leave to file, out of time, a motion to request further extension of time to advise the court of new counsel, and the Clerk shall file the lodged motion for an extension of time to advise the court of new counsel. (More)
03/08/1994ORDER GRANT APLE MISCELLANEOUS PROCEDURAL MOTION (aples-x-aplts in 90cv362) for an extension of time to advise the court of new counsel.
03/08/1994ORDER GRANT APLE MISCELLANEOUS PROCEDURAL MOTION (aples-x-aplts) for an extension of time to advise the court of new counsel, and appellees-x-appellants shall advise this court of the identity of new counsel within 20 days from the date of this order. (By: JWR)
04/01/1994ORDER: Appellees/cross-appellants shall proceed on appeal pro se. F/O that these appeals shall be scheduled for consideration before a merits division of this court as soon as the calendar permits. (By: JMF)
04/04/1994APPELLEE/CROSS-APPELLANT'S ANSWER/RESPONSE to the court's order.
04/06/1994APPELLANT'S MOTION TO DISMISS/WITHDRAW APPEAL joint
04/06/1994MOTION(S) FEE PAID
04/13/1994APPELLEE'S OPPOSITION TO JOINT MOTION UNDER RULE 42(b) TO DISMISS APPEALS AND REDUCE THE JUDGMENTS.
04/18/1994APPELLANT'S REPLY in support of joint motion under Rule 42(b) to dismiss appeals and reduce the judgments.
05/11/1994error
05/19/1994error
09/23/1994ORDER GRANT APLT MOTION TO DISMISS/WITHDRAW APPEAL(JOINT) under Rule 42 (b) to reduce judgement. F/O that appeal no. 90-CV-362 is dismissed to the extent that any or all claims of appellees Joyner and Thame are hereby satisfied. F/O that appeal no. 90-CV-541 is dismissed as to cross-appellants Joyner and Thame only. F/O that the compensatory damage awards totalling $965,000.00 are hereby reduced by $260.000.00 to $705,000.00. F/O that the punitive damages award against the Jonathan Woodner Company of $9,000,000.00 is hereby reduced by 2/9ths to $7,000,000.00. F/O that the punitive damages award against the Estate of Jonathan Woodner of $1,500,000.00 is herey reduced by 2/9ths to 1,166,666.67. F/O that the punitive damages award against Stephen Z. Laufer of $4,500,000.00 is hereby reduced by 2/9ths to $3,500,000.00. F/O that appellants\corss-appellees and appellees\cross-appellants Joyner and Thame shall bear their own costs of these appeals. (by: STFAKG)
09/23/1994PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED
09/23/1994CHANGE OF ADDRESS RECEIVED by appellant's counsel B. Michael Rauh Manatt, Phelps & Phillips 1501 M Street, N.W. Suite 700 Washington, D.C. 20005
11/08/1994APPELLEE'S MISCELLANEOUS SUBSTANTIVE MOTION to vacate two year long stay and for expedited claendaring of these appeals for oral argument.
11/08/1994MOTION(S) FEE PAID
11/15/1994APPELLANT/CROSS-APPELLEE'S OPPOSITION -to motion to cacte two year long stay and for expedited calendaring of these appeals for oral argument
11/23/1994APPELLANT'S/Cross-Appellee's motion for a settlement conference involving all parties and counsel.
11/23/1994MOTION(S) FEE PAID
11/28/1994APPELLANT'S REPLY to opposition to motion to vacate two year long stay and for expedited claendaring of these appeals for oral argument.
12/01/1994TMC - 11/8 Motion to vacate two year long stay and for expedited calendaring of these appeals for oral argument. 11/15 - Aplt-x-cross-apeles' oppo
12/06/1994APPELLEE/CROSS-APPELLANT'S OPPOSITION to appellants'/cross appellees' motion for a settlement conference involving all parties and counsel.
12/15/1994APPELLANT/CROSS-APPELEE'S REPLY to belated opposition to motion for a settlement conference involving all parties and counsel.
12/21/1994ORDER, sua sponte, that the stay issued by this court in these appeals, on November 16, 1992, is hereby lifted, and these cases shall be scheduled for oral argument as soon as the calendar permits. F/O that the motion of appellees/cross-appellants to vacate two-year stay and for expedited calendaring is DENIED AS MOOT. F/O that the motion of appellants/cross-appellees for settlement conference involving all parties and counsel is DENIED. (By: ST, FA, KG)
01/20/1995LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
03/03/1995CERTIFICATE PER RULE 28
03/06/1995CERTIFICATE PER RULE 28
03/07/1995LETTER from aplt's counsel re omitted from the appendix of transcript pages filed with brief
03/09/1995FiledACTION - Argued / Submitted
03/09/1995ARGUED (ST,FA,KG) Walter A. Smith, Esquire, for appellant. Michael Rauh, Esquire, for appellant. Roy L. Pearson, Esquire, for appellee.
05/17/1995CERTIFICATE PER RULE 28
05/19/1995APPELLEE'S MISCELLANEOUS SUBSTANTIVE MOTION to sever consolidated appeals and to expedite ruling on appeal 90-CV-362
05/19/1995MOTION(S) FEE PAID
05/26/1995Appellant's/Cross-Appellee's motion to confirm deadline for filing joint response or, in the alternative, for an extension of time.
05/31/1995APPELLANT/CROSS-APPELLEE'S ANSWER/RESPONSE to motion to sever consolidated appeals and to expedite ruling on appeal no. 90-CV-362.
06/02/1995APPELLEE/CROSS-APPELLANT'S OPPOSITION to appellant's/cross-appellee's motion to confirm deadline for filing joint response or, in the alternative, for an extension of time. (filed by: Roy L. Pearson, Jr.)
06/19/1995ORDER On consideration of the motion of appellees to sever consolidated appeals and to expedite ruling onappeal No. 90-CV-362, and the response thereto, appellants' motion to confirm deadline for filing joint response, and the opposition thereto, and it appearing that appellants' response was timely filed, and appellees' motion to amend caption, it is ORDERED that appellees' motion to sever and to expedite ruling is denied. It is FURTHER ORDERED that appellees' motion to amend caption isgranted and the caption is amended as indicated above. It is FURTHER ORDERED that appellant's motion to confirm deadline is denied as moot. (ST/FA/KG)
07/18/1995CHANGE OF ADDRESS RECEIVED by appellant's counsel. B. Michael Rauh 1501 M Street, N.W. Suite 700 Washington, D.C. 20005-1702
09/14/1995AFFIRMED IN PART/REVERSED IN PART Opinion
09/28/1995APLE MO TO EXTEND TIME TO FILE PET FOR REH/REH EB to 1 day
09/28/1995MOTION(S) FEE PAID
09/28/1995APLT'S PETITION FOR REHEARING/REHEARING EN BANC
09/29/1995RECEIVED appellee's petition for rehearing (pending motion)
10/25/1995APPELLEE'S MISCELLANEOUS SUBSTANTIVE MOTION- (EMERGENCY)-for issuance of mandate to permit execution on judgement for compensatory damages
10/25/1995MOTION(S) FEE PAID
10/26/1995RECEIVED - amended cert. of service for aplt's pet. for reh/reh en banc
10/31/1995APPELLANT'S OPPOSITION to appellee's emergency motion for issuance of mandate to permit execution on judgment for compensatory damages.
11/03/1995APPELLEE'S REPLY to opposition to emergency motion for issuance of mandate to permit execution on judgment for compensatory damages.
11/20/1995ORDER that appellees shall file a response to aplts' petition and appellants shall file a response to aples' petition within 20 days from the date of this order. (WA)
12/11/1995APPELLANT'S OPPOSITION to aple's pet. for reh/ reh en banc
12/11/1995APPELLEE'S OPPOSITION to aplt's pet. for reh/reh en banc
12/22/1995APPELLEE'S MISCELLANEOUS SUBSTANTIVE MOTION to supp aple's pet to incorporate arguments made in oppo to aplt's pet
01/18/1996APPELLEE'S MISCELLANEOUS SUBSTANTIVE MOTION for clarification, or alternatively, for leave to request the allowance of interest.
01/18/1996MOTION(S) FEE PAID
01/18/1996APPELLEE'S MISCELLANEOUS SUBSTANTIVE MOTION to correct 6 factual errors in 9/14/95 slop opin.
01/18/1996MOTION(S) FEE PAID
01/19/1996APPELLANT'S MOTION FOR LV TO FILE ANSWER/RESPONSE to appellee's motion to supplement their rehearing petition.
01/19/1996RECEIVED appellant's response to motion to supplement appellees' petition to incorporate arguments made in opposition to appellant' petition.
01/26/1996APPELLEE'S OPPOSITION to appellants' motion for leave to respond to appellees' motion to supplement their rehearing petition for 90-CV-362
02/01/1996APPELLANT'S MOTION FOR A ONE-DAY EXTNESION OF TIME TO FILE THEIR REPLY IN SUPPORT OF THEIR MOTION FOR LEAVE TO RESPOND TO APPELLEE'S MOTION TO SUPPLEMENT THEIR REHEARING PETITION.
02/01/1996MOTION(S) FEE PAID
02/08/1996APPELLANT'S MOTION FOR LV TO FILE ANSWER/RESPONSE
02/08/1996RECEIVED -aplt's response to aple's further supplemental arguments concerning six alleged factual errors in the court's sept 14, 1995 order opinion and clarification of the issue of nterest
02/20/1996APPELLANT'S REPLY in support of appellant's motion for leave to respond to appellees further supplemental arguments in support of their petition for rehearing and their opposition to appellant's petition.
07/25/1996APPELLANT'S REPLY to appellees' further supplemental arguments concerning errors in court's opinion
07/25/1996APPELLANT'S ANSWER/RESPONSE to motion to supplement appellees' petition to incorporate arguments made in opposition to appellants' petition
07/25/1996APLE'S PETITION FOR REHEARING/REHEARING EN BANC
07/25/1996ORDER On consideration of aplts Jonathan Woodner Co. and Stephan Z. Laufer's pet for reh/reh en banc, the opposition thereto, aples' mo to ext tm to file petition, the lodged petition, the oppo thereto, aples' mo to supplement petition, aplts' mo for leave to respond to mo to supplement, the oppo thereto, the lodged response, aplts' mo to ext tm to file reply to oppo, the lodged reply, aples' mo to correct errors in slip opinion, aplts' mo for leave to respond to mo to correct errors, the oppo, and the reply thereto, and the lodged response, it is Ordered that the motions are granted and the Clk is directed to file the lodged aples' pet for reh/reh en banc, the lodged aplts' response to mo to supplement petition, and the lodged aplts' reply to oppo to mo for leave to respond to mo to correct errors in slip opinion. It is FO by the merits division that aplts' pet for rehearing is denied. It is FO by the merits division that aples' pet for rehearing is granted only to the extent that the following new sentence shall be added at the end of the first paragraph of footnote 19 of the opinion filed Sept. 14, 1995: We do not reach any issues relating to proof of net worth where the plaintiff is not seeking an award of punitive damages based upon the wealth of the defendant, as the plaintiff did here. See Town Mgmt Corp v. Chavez, 373 A.2d 238, 246 (D.C. 1977). It is FO by the merits division that aples' motion to correct errors in slip opinion is granted only to the extent that the second sentence of the final paragraph of Part I of the opinion filed Sept. 14, 1995, is amended as follows: $30,000 should read $15,000 and $60,000 should read $75,000. It appearing that no judge of this court has called for a vote on the petitions for rehearing en banc, it is FO that the petitions for rehearing en banc are denied. (EB) (Chief Judge Wagner and Associate Judge Ferren have recused themselves from this case.)
08/02/1996MANDATE ISSUED
08/08/1996ORDER Once the mandate has been received in the trial court, the tenants may seek to collect upon the judgment entered awarding them compensatory damages on the emotional distress claim. (Opinion ST,FA,KG)
08/21/1996TMC - Motion for clarification, or alternatively, for leave to request the allowance of interest.
08/22/1996ORDER This is before the court on appellees' motion for clarification, or alternatively, for leave to request the allowance of interest filed pursuant to D.C. App. R. 37. Because our resolution did not include any direction that any new judgment for money be entered in the Superior Court, and because there are only two alternatives provided for under Rule 37, the judgment for intentional infliction must be considered, for these purposes, to have been affirmed. Therefore, interest shall be payable from the date of the judgment. (ST,FA,KG) (Judge Steadman, consistent with his dissent from the entry of the order of August 8, 1996, also dissents from the entry of this order.)
08/22/1996APLT'S PETITION FOR REHEARING/REHEARING EN BANC
08/30/1996APPELLANT'S MISCELLANEOUS SUBSTANTIVE MOTION for clarification of the panel's 8/22/96 order
08/30/1996MOTION(S) FEE PAID
08/30/1996Appellant's motion to recall the 8/2/96 mandate and to stay execution pending resolution of the rehearing petition before this court and a certiorari petition to the United States Supreme Court.
09/06/1996ORDER This is before the court on Appellants' Motion To Recall The August 2, 1996 Mandate And To Stay Execution Pending Resolution Of The Rehearing Petition Before This Court And A Certiorari Petition To The United States Supreme Court. Because the division did not intend that the mandate issue until all outstanding motions in the case were finally resolved, the issuance of the mandate on August 2, 1996, was in error. Therefore, it is Ordered that appellants' motion is granted only to the extent that it seeks recall of the mandate and stay of execution pending resolution of the rehearing petition before the court. Accordingly, it is Further Ordered that the mandate is recalled until further order of the court. (ST,FA,KG)
09/06/1996MANDATE RECALLED (see September 6, 1996 order)
09/13/1996APPELLEE'S OPPOSITION - to aplt's motion for clarification of the panel's 8/22/96 order
09/16/1996ORDER directing appellees within 20 days from the date of this order to file a response to pet for reh/reh en banc (10 copies). (TE)
09/25/1996APPELLANT'S REPLY in support of mot. for clarification of the panel's 8/22/96 ord
09/25/1996APPELLANT'S REPLY to appellees' statement regarding appellants' motion to recall the August 22, 1996 mandate and to stay execution
10/07/1996APPELLEE'S ANSWER/RESPONSE to petition for rehearing or rehearing en banc of the panel's August 8, 1996 order.
12/02/1996NOTICE OF FILING A PETITION FOR WRIT OF CERTIORARI
12/04/1996ORDER On consideration of appellants' petition for rehearing or rehearing en banc, the response thereto, appellants' motion for clarification of August 22, 1996, order, the opposition and reply thereto, appellants' motion to recall the August 2, 1996, mandate, the statement and the reply thereto, it is Ordered by the merits division that the petition for rehearing and the motion for clarification are denied; and it appearing that no judge has called for a vote on the en banc petition, it is Further Ordered that the petition for rehearing en banc is denied; and it further appearing that this court's order filed September 6, 1996, recalled the mandate and stayed execution pending resolution of the rehearing petition, it is Further Ordered that the motion to recall mandate is otherwise denied, the stay is lifted, and the mandate shall issue in accordance with D.C. App. R. 41. (EB) (Judge Steadman would grant the petition for rehearing. Chief Judge Wagner and Judges Ferren and Reid are recused from this case.)
01/06/1997NOTICE OF FILING A PETITION FOR WRIT OF CERTIORARI
02/24/1997NOTICE OF DENIAL OF PET. FOR WRIT OF CERTIORARI
02/26/1997NOTICE OF FILING A PETITION FOR WRIT OF CERTIORARI
02/27/1997MANDATE ISSUED