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United States Court Cases

District Of Columbia Court Of Appeals Record

MARVIN BYRD V. HERCULES REAL ESTATE

Case Information: 06-CV-0162
Short Caption:MARVIN BYRD V. HERCULES REAL ESTATEClassification:Appeals - Civil - Landlord And Tenant
Superior Court or Agency Case Number:LTB22498-05Filed Date:02/06/2006

Opening Event Date:02/06/2006Case Status:Closed
Record Completed:03/22/2006Post-Decision Matter Pending:
Briefs Completed:11/15/2006
Argued/Submitted:05/22/2007
Disposition:Next Scheduled Action:
Mandate Issued:09/27/2007

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantMarvin Byrd N
Gerard DjateYN
AppelleeHercules Real EstateN
Jonathan R. SchumanYY

Events
Event DateStatusDescriptionResult
02/06/2006NOTICE OF APPEAL
02/28/2006 On consideration of the notice of appeal filed in this case on February 6, 2006, 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 and record copies in accordance with D.C. App. R. 11 (b)(3)(A). (GP) elp
03/22/2006RECORD INDEX
03/22/2006RECORD COMPLETED
03/29/2006 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 appellee's brief shall be filed within 30 days thereafter. See D.C. App. R. 31. (GP) elp
04/14/2006APPELLANT'S MOTION FOR STAY- Trial Court order pending appeal. ta
04/18/2006APPELLEE'S ANSWER/RESPONSE - to aplt's motion for stay pending appeal of aplt
04/18/2006TMC - EMERGENCY motion to stay - praecipe
04/19/2006ORDER DENYING APPELLANT MOTION FOR STAY AS MOOT. It is *****MORE*****
04/20/2006 FURTHER ORDERED that appellant's brief remains due on or before May 8, 2006. (RDKRST)
04/21/2006APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for leave to file aplt's motion for relief from judgmnt under rule 60
04/21/2006RECEIVED - appellant's motion for leave of court to file appellant's motion for relief from judgment under R. 60
04/25/2006 On consideration of appellant's motion for leave to file the lodged motion for relief from judgment under D.C. Superior Ct. Civ. R. 60, it is ORDERED that appellant's MOTION FOR LEAVE is HEREBY DENIED. These motions must be filed in the Superior Court and not in this court. It is FURTHER ORDERED that appellant's brief and the appendix remain due to be filed on or before May 8, 2006. (BY: ETW) lw
05/05/2006APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF and appendix 60 days
05/18/2006 On consideration of appellant's motion for an extension of time within which to file the brief and the appendix, to which no opposition has been filed, it is ORDERED that the motion is granted and appellant's brief and the appendix shall be filed on or before July 17, 2006. (GP) elp
07/17/2006APPELLANT'S BRIEF********STRUCK PER 7/25/06 ORDER LW
07/17/2006APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to waive appendix. (dwm)
07/20/2006TMC - motion to waive appendix requirement
07/25/2006 ORDERED that appellant's motion to waive the appendix requirement IS DENIED and the Clerk shall STRIKE THE FILED BRIEF OF APPELLANT. It is *****MORE*****
07/25/2006 FURTHER ORDERED that appellant shall, within 30 days from the date of this order, file a brief and appendix that conforms with D.C. App. R. 28, 30 and 32. (D.C. App. R. 28 (e) requires that the record references in the brief should be to the appendix). The brief of appellee shall be filed within 30 days thereafter. (GLKRKI)
08/24/2006APPELLANT'S BRIEF
08/24/2006APPENDIX (Appellant's)
10/03/2006 It appearing that the brief of appellant and the appendix were filed with this court on August 24, 2006, and it further appearing that the brief of appellee was due to be filed on September 25, 2006, (See D.C. App. R. 31), but has not been filed, it is ORDERED that appellee shall within 20 days from the date of this order submit the brief, 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 brief, or to request an extension of time within which to do so. Failure to comply with this order shall subject this appeal to being scheduled for consideration on the record and on appellant's brief without further notice. (GP) elp
10/23/2006APPELLEE'S MOTION FOR LEAVE TO FILE BRIEF
10/23/2006RECEIVED - aple's brief
10/26/2006RECEIVED - aplt's reply brief.
11/07/2006APPELLANT'S OPPOSITION to appellee's motion for leave to file brief out of time
11/15/2006 On consideration of appellee's motion for leave to file the lodged brief, the opposition thereto, and appellant's lodged reply brief, it is ORDERED that the motion is granted and the Clerk shall file the lodged brief of appellee. It is FURTHER ORDERED that the Clerk shall file the lodged reply brief of appellant. It is *********MORE**********
11/15/2006APPELLEE'S BRIEF
11/15/2006APPELLANT'S REPLY BRIEF
11/15/2006 FURTHER ORDERED that this appeal shall be scheduled for consideration before a merits division as soon as the calendar permits. (ETW) elp
11/15/2006BRIEFS COMPLETED
11/15/2006RECEIVED - courtesy copy of motion filed in superior court to resolve dispute over contents of record
12/22/2006RECEIVED - Courtsey copy of a Superior Court Order docketed 12/20/06 granting motion to resolve disputer over contents of the record.
12/26/2006APPELLANT'S MISCELLANEOUS SUBSTANTIVE MOTION for resolution of questions as to the content of the record LW
01/17/2007TMC - appellant's miscellaneous motion
02/05/2007 ORDERED that the MOTION and ATTACHMENTS ARE HEREBY REFERRED to the MERITS DIVISION for its consideration upon assignment. It is FURTHER ORDERED that this appeal will be scheduled for consideration before a merits division as soon as the calendar permits. (RZRDBE)
02/06/2007FINAL SCREENING - SUMMARY CALENDAR I
03/30/2007CALENDAR NOTICE SENT
04/06/2007APPELLANT'S MOTION REQUESTING ORAL ARGUMENT
04/09/2007On consideration of the motion of appellant to supplement the record on appeal, and it appearing that this matter is scheduled on the summary calendar of May 22, 2007, it is ORDERED on behalf of the merits division assigned to consider this matter that the motion is granted, and the Clerk of the Superior Court shall prepare and transmit the items specified in appellant's motion to this court as a supplemental record forthwith. (GP)
04/09/2007LETTER TO COUNSEL GRANTING REQUEST TO ARGUE (JAC)
04/18/2007APPELLEE'S MISCELLANEOUS PROCEDURAL MOTION to vacate order aplt's rule 10 (e) motion and to deny motion
04/25/2007SUPPLEMENTAL RECORD #1 (pleading from superior court)
05/03/2007APPELLANT'S OPPOSITION- to aple's motion to vacate order aplt's rule 10 (e)(3) motion and to deny motion
05/15/2007On consideration of the motion of appellee to vacate order dated April 9, 2007, and to deny appellant's Rule 10(E)(3) motion, and the opposition thereto, and it appearing that this matter is scheduled on the summary calendar of May 22, 2007, it is ORDERED on behalf of the merits division assigned to consider this matter that the motions are denied. (GP)
05/22/2007FiledACTION - Argued / Submitted
05/22/2007ARGUED before Farrell,Glickman,Schwelb Gerard Djate for Appellant Esq. Jonathan R.Schuman for Appellee Esq.
06/14/2007FiledAFFIRMED MOJ (Farrell, Glickman, Schwelb)
06/28/2007APLT'S PETITION FOR REHEARING/REHEARING EN BANC
09/19/2007ORD DENY APPELLANT'S PETITION FOR REH/REH EN BANC (WHFARZRDGLKRFIBRTHSC)
09/27/2007MANDATE ISSUED