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United States Court Cases

District Of Columbia Court Of Appeals Record

TERRY HEDGEPETH V. WHITMAN WALKER CLINIC, ET AL

Case Information: 07-CV-0158
Short Caption:TERRY HEDGEPETH V. WHITMAN WALKER CLINIC, ET ALClassification:Appeals - Civil - Other Civil
Superior Court or Agency Case Number:CAM6244-05Filed Date:02/09/2007

Opening Event Date:02/09/2007Case Status:Closed
Record Completed:04/12/2007Post-Decision Matter Pending:
Briefs Completed:10/29/2007
Argued/Submitted:06/10/2010
Disposition:Next Scheduled Action:
Mandate Issued:07/22/2011

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
Amicus-AppellantTrial Lawyers Association of Metopolitan (the)N
Marc I. FiedlerYY
Amicus-AppelleeChildrens National Medical CenterN
Kenneth H. RosenauNN
AppellantTerry Hedgepeth N
Jonathan C. DaileyYY
Robert Kostecka NN
AppelleeWhitman Walker ClinicN
Karen R. TurnerNN
Alfred F. BelcuoreYY
AppelleeMary Fanning N
Michael L. SandersNN
Alfred F. BelcuoreYY

Events
Event DateStatusDescriptionResult
02/09/2007NOTICE OF APPEAL
03/30/2007 On consideration of the notice of appeal filed in this case on February 9, 2007, and it appearing that no transcript is needed for this appeal, it is 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 in accordance with D.C. App. R. 11 (b)(3)(A). (GP) elp
04/12/2007RECORD INDEX
04/12/2007SUPPLEMENTAL RECORD #1(35-pgs/tape 12/8/6 proc.)
04/12/2007RECORD COMPLETED
04/17/2007 It appearing that the complete record on appeal has been filed with this court, it is ORDERED that appellant's brief and the appendix including the documents required by D.C. App. R. 30 (a)(1), shall be filed within 40 days from the date of this order, and appellees' briefs shall be filed within 30 days thereafter. See D.C. App.R. 31. (GP) elp
05/24/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo to 6/12/07
05/30/2007 On consideration of appellant's consent motion for an extension of time within which to file the brief and the appendix, it is ORDERED that the motion is granted and appellant's brief and the appendix shall be filed on or before June 12, 2007. (GP) elp
06/12/2007APPELLANT'S BRIEF
06/12/2007APPENDIX - aplt
06/20/2007APPELLEE'S MOTION FOR SUMMARY AFFIRMANCE (FANNING)
06/20/2007TMC - (WHITMAN) motion for summary affirmance - (FANNING) motion for summary affirmance
06/26/2007APPELLEE'S MOTION FOR SUMMARY AFFIRMANCE (Whitman - Walker Clinic)
07/09/2007APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF (pending disposition of summary affirmance) by: Mary Fanning LW
07/17/2007STATEMENT - from aple (Whitman-Walker Clinic's) notice joining motion to stay briefing schedule
07/23/2007 ORDERED that the MOTION TO EXTEND TIME is HEREBY DENIED as MOOT in light of the pending motions for summary affirmance. See D.C. App. R. 27(c). (BY: ETW) lw
08/30/2007 ORDERED that appellees' MOTIONS FOR SUMMARY AFFIRMANCE ARE DENIED. It is *****MORE*****
08/30/2007 FURTHER ORDERED that appellees shall, within 30 days from the date of this order, file their briefs. (RDGLPR)
09/20/2007APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF joint 10/29/07
09/25/2007 On consideration of appellees' joint consent motion for an extension of time within which to file their briefs, it is ORDERED that the motion is granted and appellees' briefs shall be filed on or before October 29, 2007. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (GP) elp
10/29/2007APPELLEE'S BRIEF all aples
10/29/2007BRIEFS COMPLETED
12/07/2007FINAL SCREENING - REGULAR CALENDAR
01/31/2008 It appearing that this appeal is likely to be calendared for argument during the months of April 2008 thru June 2008, it is ORDERED that counsel shall advise this court in writing by February 19, 2008 of specific dates during that period when they are unavailable so that the court can attempt to avoid such dates in scheduling argument. Counsel must continue to advise the court of availabilities for subsequent months until this case is in fact set for argument. Note that the calendar is prepared approximately two months in advance, e.g. January calendar set for release at the end of November. The court does not encourage the filing of motions to postpone a scheduled argument. If you do seek a change in a scheduled argument date, your motion should both indicate the opponent's position with respect to your request and alternative dates when you and opposing counsel would be available. You may call the Calendar Clerk prior to filing such a motion for information on dates in the scheduled month when the courtroom is available.(aj) Garland Pinkston, Jr. Clerk
02/11/2008LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING aple
02/14/2008LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING aple Whitman Walker Attorney Sanders
07/25/2008CALENDAR NOTICE SENT
08/18/2008APPELLEE'S MOTION TO POSTPONE/CONTINUE ARGUMENT (Whitman Walker) consent motion
08/22/2008On consideration of appellee Whitman Walker's consent motion for continuance of oral arguments, and it appearing that this matter is scheduled on the Regular Calendar of September 11, 2008, it is ORDERED on behalf of the merits division assigned to consider this matter that the motion is denied. (GP)
09/11/2008ARGUED before Judges Ruiz, Reid, Farrell Jonathan C. Dailey, Esq. for Appellant Michael L. Sanders, Esq. for Appellees
10/01/2009AFFIRMED Opinion (Ruiz, Reid, Farrell) and Judgment affirming the trial court order granting summary judgment. (VACATED PER MARCH 1, 2010, EN BANC ORDER) Opinion published at 980 A.2d 1229.
10/14/2009APPELLANT'S PETITION FOR REHEARING EN BANC
11/10/2009ORDER that appellees, within 14 days from the date of this order, shall file a response to pet for reh en banc (10 copies). (WH)
11/24/2009APPELLEE'S ANSWER/RESPONSE- to petition for rehearing en banc
03/01/2010FiledORDER GRANTING APLT PETITION FOR REHEARING EN BANC and the opinion and judgment of October 1, 2009, are hereby vacated. Further Ordered that the Clerk shall schedule this matter for argument before the court sitting en banc as soon as the calendar permits. Further Ordered that aplt shall file its brief within 30 days from the date of this order, aple shall file its brief within 30 days after filing of aplt's brief. Any responsive brief shall be filed within 20 days thereafter. Each party shall file 10 copies of its briefs. These new briefs shall be specifically designed for consideration by and addressed to the en banc court and shall supersede all briefs previously filed in this appeal. Further Ordered that any requests for extension of time will be looked upon with disfavor and will be granted only upon a showing of good cause. (WHRZRDGLKRFIBRTHOB) Order published 3/4/10,published at 990 A.2d 455.
03/01/2010LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING (en banc argument for the month of June)
03/05/2010LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING (Whitman Walker Clinic) aple
03/15/2010CHANGE OF ADDRESS RECEIVED Alfred F. Belcuore 888 17th Street, NW Suite 904 Washington, DC 20006 202 296-1322
03/15/2010LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING aple and letting court know that attorney Belcuore will be arguing for the en banc
03/23/2010LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING (from aplt's counsel)
03/23/2010APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF en banc no oppo to 4/30/10
03/26/2010APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 4/14/10. no oppo
03/30/2010ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF and appellant's brief shall be filed on April 14, 2010, appellee's brief shall be filed on May 21, 2010, and appellant's reply brief shall be filed on May 28, 2010. (WH)
04/14/2010APPELLANT'S BRIEF
04/14/2010APPENDIX
04/21/2010AMICUS CURIAE'S BRIEF (The Trial Lawyers Association of Metropolitan Washington, D.C.)dwm
04/26/2010AMICUS CURIAE MISCELLANEOUS SUBSTANTIVE MOTION permission to participate in oral argument in support of aplt
04/29/2010APPELLEE'S OPPOSITION-to motion of aplt's amicus curiae to participate in oral argument
04/30/2010CALENDAR NOTICE SENT
05/13/2010On consideration of the motion to permit the Trial Lawyers Association of Metropolitan Washington, D.C. as amicus curiae to participate in oral argument by dividing time of appellant, and the opposition thereto, and it appearing that this matter is scheduled for En Banc hearing on June 10, 2010, it is ORDERED on behalf of the merits division assigned to consider this matter that the motion is granted and the TLA-DC as amicus curiae may share the argument time allotted to appellant. It is FURTHER ORDERED that the time permitted for oral argument shall not exceed forty-five (45) minutes per side. (GP)
05/21/2010APPELLEE'S BRIEF (En banc)
05/28/2010AMICUS CURIAE'S BRIEF (Childrens Natl Medical Ctr & Physicians, employees and Assoc. in support of aple's)
05/28/2010APPELLANT'S REPLY BRIEF
06/10/2010FiledACTION - Argued / Submitted
06/10/2010ARGUED before Cheif Judge Washington, Ruiz, Reid, Glickman, Kramer, Fisher, Blackburne- Rigsby, Thompson, Oberly, Farrell Jonathan C. Dailey, Esq. for the APPELLANT Marc I. Fiedler, Esq. for the APPELLANT Alfred F. Belcuore, Esq. for the APPELLEE
06/30/2011FiledREVERSED AND REMANDED (OPINION) (Washington, Chief Judge, and Ruiz, Glickman, Fisher, blackburne-Rigsby, Thompson, and Oberly, Associate Judges, Reid* and Kramer**, Associate Judges, Retired, and Farrell, Senior Judge.) (ORDERED and ADJUDGED that the judgment on appeal is reversed and remanded for further proceedings in the trial court consistent with this opinion.) *Judge Reid was an Associate Judge of the court at the time of argument. Her status changed to Associate Judge, retired, on April 7, 2011. **Judge Kramer was an Associate Judge of the court at the time of argument. Her status changed to Associate Judge, Retired, on May 1, 2011.
07/22/2011FiledMandate