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United States Court Cases

District Of Columbia Court Of Appeals Record

WALLACE G. MITCHELL V. PAUL H. ZUKERBERG, ET AL

Case Information: 06-CV-0237
Short Caption:WALLACE G. MITCHELL V. PAUL H. ZUKERBERG, ET ALClassification:Appeals - Civil - Torts
Lead:06-CV-0237Consolidated: 06-CV-0431
Superior Court or Agency Case Number:CAB6610-05Filed Date:03/06/2006

Opening Event Date:03/06/2006Case Status:Closed
Record Completed:05/30/2006Post-Decision Matter Pending:
Briefs Completed:11/22/2006
Argued/Submitted:06/04/2007
Disposition:Next Scheduled Action:
Mandate Issued:08/15/2007
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantWallace G. Mitchell YPro SeN
AppelleePaul H. Zukerberg N
Aaron L. HandlemanNY
Justin FlintYY
AppelleeCletus P. Thiessen N
Aaron L. HandlemanYY
Justin FlintNY

Events
Event DateStatusDescriptionResult
03/06/2006NOTICE OF APPEAL
03/13/2006APPELLANT'S MOTION TO HOLD CASE IN ABEYANCE
03/21/2006 ORDERED that appellant shall within 20 days from the date of this order SHOW CAUSE why this appeal should not be dismissed as having been prematurely filed. See D.C. App. R. 4 (a)(4)(iii); Dyer v. William S. Bergman & Assocs., 635 A.2d 1285 (D.C. 1993); Carter v. Cathedral Ave. Coop., Inc. 532 A.2d 681 (D.C. 1987). It is *****MORE*****
03/21/2006ORDER DENYING APLT MOTION TO HOLD CASE IN ABEYANCE (BY: ETW) lw
03/21/2006TMC - OTSC - response
04/12/2006RESPONSE TO ORDER TO SHOW CAUSE LW
04/18/2006 On consideration of this court's March 21, 2006, order to show cause, and the response thereto, and it appearing that the Superior Court has denied appellant's Super. Ct. Civ. R. 59 (e) motion, and it further appearing that NO TRANSCRIPT IS NEEDED for this appeal, it is ORDERED that the March 21, 2006, SHOW CAUSE ORDER IS DISCHARGED. It is *****MORE*****
04/18/2006 FURTHER ORDERED that a briefing order will be issued upon the filing in this court, by the Clerk of the Superior Court, of the record copies and record index as required by D.C. App. R. 11 (b)(3)(A). (GLNETE)
04/25/2006APPELLEE'S MISCELLANEOUS PROCEDURAL MOTION to direct aplt to send pleadings to counsel
05/16/2006ORDER, SUA SPONTE, CONSOLIDATING APPEALS and appeals nos. 06-CV-237 and 06-CV-431 ARE CONSOLIDATED for all purposes. It is *****MORE*****
05/16/2006 FURTHER ORDERED that appellee's MOTION IS DENIED. All pleadings filed with this court in reference to these appeals are public record and the Clerk is not responsible for providing service of such pleadings. It is FURTHER ORDERED that appellant is directed to serve all future filings on appellee in a timely manner with a corresponding certificate of service. See D.C. App. R. 25(b)(c). Failure to do so may result in the dismissal of these appeals. See D.C. App. R. 13 (a). It is *****MORE*****
05/16/2006 FURTHER ORDERED that a briefing order will be issued upon the filing in this court, by the Clerk of the Superior Court, of the record index and record copies in accordance with D.C. App. R. 11 (b)(3)(A). (BY: ETW) lw
05/30/2006RECORD INDEX both cases
05/30/2006RECORD COPIES both case
05/30/2006RECORD COMPLETED
06/02/2006 It appearing that the complete record on appeal has been filed with this court, it is ORDERED that appellant's brief and the limited appendix including the documents required by D.C. App. R. 30 (f), shall be filed within 40 days from the date of this order, and appellees' brief shall be filed within 30 days thereafter. See D.C. App. R. 31. (GP) elp
07/10/2006APPELLANT'S BRIEF (No Appendix attached)
07/18/2006 It appearing that the brief of appellant, was filed with this court on July 10, 2006, and it further appearing that the limited appendix was due to be filed on or before July 12, 2006, and has not been filed, (See D.C. App. R. 30, 31.), it is ORDERED that appellant shall within 15 days from the date of this order submit the limited appendix, accompanied by a motion for leave to file out of time. The motion should set forth good cause for the failure either to timely file the appendix or to request an extension of time within which to do so. Failure to comply with this order shall subject this appeal to dismissal without further notice. It is FURTHER ORDERED that appellees' brief shall be filed within 30 days from the date the appendix is filed with this court. (GP) elp
08/02/2006MOTION FOR LEAVE TO WAIVE APPENDIX (Appellant) (for both appeals).
08/03/2006TMC - motion to eliminate appendix, construed as a motion to waive limited appendix requirement
08/10/2006 ORDERED that appellant's MOTION IS DENIED and appellant shall, within 20 days from the date of this order, file the limited appendix as required by D.C. App. R. 30 (f). It is FURTHER ORDERED that failure to comply with this order may result in the court dismissing this appeal without further notice. It is FURTHER ORDERED that the brief of appellees shall be filed within 30 days from the date the appendix is filed. (WHFATE)
09/19/2006 On consideration of this court's order of August 10, 2006, which directed appellant to submit the limited appendix within 20 days from the date of the order, and it appearing that the limited appendix has not been filed, it is ORDERED that the appellant shall within 15 days from the date of this order submit the limited appendix, accompanied by a motion for leave to file out of time. The motion should set forth good cause for the failure either to timely file the limited appendix or to request an extension of time within which to do so. Failure to comply with this order shall subject this appeal to dismissal without further notice. See D.C. App. R. 13. It is FURTHER ORDERED that appellees' brief shall be filed within 30 days after the limited appendix has been filed with this court. (GP) elp
09/20/2006APPENDIX (Appellant's Limited)
09/25/2006 On consideration of this court's order of September 19, 2006, directing appellant to file the limited appendix, within 20 days from the date of the order, and it appearing that the limited appendix has been filed, it is ORDERED that appellees' brief shall be filed on or before October 23, 2006. (GP) elp
10/02/2006CHANGE OF ADDRESS RECEIVED from Appellant: Wallace G. Mitchell #51443-060 P.O.B. 26030 Beaumont, TX 77720-6030
10/03/2006APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to 11/22/06.
10/11/2006APPELLANT'S OPPOSITION to Appellee's Motion for an Extension of Time to File Brief (Titled: Motion for Relief from Judgment and Summary Remand)
10/18/2006 On consideration of this appellees' motion for an extension of time to file the brief, appellant's motion for relief from judgment and summary remand forthwith, construed as an oppositon to appellee's motion for an extension oftime, it is ORDERED that the motion if granted and appellees' brief shall be filed on or before November 22, 2006. No further requests for extensions of time will be granted absent a showing of good cause. (ETW) elp
11/02/2006APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for Summary Remand on Unopposed Appellant's Brief.
11/14/2006APPELLANT'S MOTION FOR RELIEF FROM JUDGMENT AND FOR SANCTIONS.
11/22/2006APPELLEE'S BRIEF
11/22/2006APPENDIX (aple's)
11/22/2006BRIEFS COMPLETED
11/28/2006 On consideration of appellant's motion for summary remand, and appellant's motion for relief from judgment and for sanctions, and it appearing that appellees' brief was filed with court on November 22, 2006, it is ORDERED that appellant's motion are denied. It is FURTHER ORDERED that these appeals shall be schedule for consideration before a merits division as soon as the calendar permits. (ETW) elp
12/12/2006CHANGE OF ADDRESS RECEIVED from Appellant: Wallace G. Mitchell #51443-060 USP, P.O.B. 5500 Adelanto, CA 92301
12/27/2006APLT MOTION TO EXTEND TIME TO FILE REPLY BRIEF for 30 days.
12/27/2006APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for sanctions.
01/17/2007 On consideration of appellant's motions for an extension of time to file the reply brief, and for sanctions, it is ORDERED that the motion for an extension of time is granted and appellant's reply brief shall be filed on or before January 30, 2007. It is ***************MORE**************
01/17/2007 FURTHER ORDERED that appellant's motion for sanctions is denied. (ETW) elp
01/29/2007APLT MOTION TO EXTEND TIME TO FILE REPLY BRIEF for 30 days.
01/29/2007APPELLANT'S MOTION TO STRIKE Appellee's Brief for failure to serve Appellant with copy of their brief.
01/29/2007APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to direct Appellee's to serve Appellant with a copy of their brief.
02/06/2007FINAL SCREENING - SUMMARY CALENDAR I
02/23/2007 On consideration of appellant's motion to strike appellees' brief for not serving on appellant, and it appearing that the brief was served appellant's previous address, and appellant's motion for an extension of time to file the reply brief, to which no oppositions have been filed, it is ORDERED that appellant's motion to strike is denied and the Clerk is directed to make a copy of the brief available to appellant. It is ********MORE********
02/23/2007 FURTHER ORDERED that appellant's motion for an extension of time to file the reply brief is granted and the reply brief shall be filed with this court within 21 days from the date of the order. (ETW) elp
03/19/2007APPELLANT'S REPLY BRIEF (pro se).
04/26/2007CALENDAR NOTICE SENT
06/04/2007FiledACTION - Argued / Submitted
06/04/2007SUBMITTED to Judges Ruiz, Reid, Kramer
07/24/2007FiledAFFIRMED MOJ (Ruiz, Reid, Kramer)
08/15/2007MANDATE ISSUED
08/15/2007RECEIVED - aplt's petition for rehearing/ rehearing en banc
10/29/2007ORD DENY APPELLANT'S PETITION FOR REH/REH EN BANC (pro se petition) (WHFARZRDGLKRBRTH) (Judge Fisher is recused from this case.)
09/25/2013FiledArchived