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United States Court Cases

District Of Columbia Court Of Appeals Record

MELVIN S. YATES V. DISTRICT OF COLUMBIA

Case Information: 06-CV-0096
Short Caption:MELVIN S. YATES V. DISTRICT OF COLUMBIAClassification:Appeals - Civil - Other Civil
Lead: 05-CV-0029 Consolidated:06-CV-0096
Superior Court or Agency Case Number:CAB926-02Filed Date:01/27/2006

Opening Event Date:01/27/2006Case Status:Closed
Record Completed:09/12/2006Post-Decision Matter Pending:
Briefs Completed:12/11/2006
Argued/Submitted:04/12/2007
Disposition:Next Scheduled Action:
Mandate Issued:05/20/2009

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantMelvin S. Yates N
Charles E. WagnerYY
AppelleeDistrict of ColumbiaN
Edward E. SchwabNY
Todd S. KimNY
James C. McKay, Jr.YY

Events
Event DateStatusDescriptionResult
01/27/2006NOTICE OF APPEAL
03/08/2006ORDER, SUA SPONTE, CONSOLIDATING APPEALS and appeals nos. 05-CV-29 and 06-CV-96 are HEREBY CONSOLIDATED FOR ALL PURPOSES. It is *****MORE*****
03/08/2006 FURTHER ORDERED that in appeal no. 06-CV-96, appellant shall within 20 days from this date complete and file with this court a single copy of the attached statement regarding transcript. Where transcript(s) necessary for this appeal have been ordered and completed for non-appeal purposes, appellant must advise the Court Reporting Division to forward said transcript(s) for inclusion in the record on appeal. If partial transcripts are being ordered, appellant must file a statement of issues to be raised on appeal with this court within 10 days from the date of this order. See D.C. App. R. 10 (b)(3)(A). It is FURTHER ORDERED appellant's failure to respond to any order of this court, including this order, shall subject this appeal to dismissal without further notice for lack of prosecution. See D.C. App. R. 13(a). It is *****MORE*****
03/08/2006 FURTHER ORDERED that appellant's MOTION FOR STAY IS DENIED. Appellant has not demonstrated a likelihood of success on the merits of his claim that the Superior Court's permanent injuction violates the terms of the 2002 U.S. Bankruptcy Court order. Nor has appellant shown irreparable harm, an absence of, or lesser, harm to the appellee, or that a stay would be in the public interest. See Barry v. Washington Post Co., 529 A.2d 319, 321 (D.C. 1987). It is *****MORE*****
03/08/2006 FURTHER ORDERED that a consolidated briefing order shall be issued once the complete record on appeal in appeal no. 06-CV-96 has been filed with this court. (FAFIKN)
03/13/2006APPELLEE'S MISCELLANEOUS PROCEDURAL MOTION to file supplemental appendix (no oppo)
03/13/2006RECEIVED - Supplemental Appendix
03/13/2006APPELLEE'S BRIEF (05CV29)
03/17/2006 On consideration of appellee's unopposed motion for leave to file the lodged supplemental appendix, it is ORDERED that the motion is granted and the lodged supplemental appendix is filed in appeal no. 05-CV-29. It is FURTHER ORDERED that the statement regarding transcript in appeal No. 06-CV-96 remains due on or before March 28, 2006. (BY: GP)
03/17/2006SUPPLEMENTAL APPENDIX (05CV29)
03/20/2006STATEMENT REGARDING TRANSCRIPT(S) - (06-CV-96) (RT-ORDERED for 7/28/05,12/15/05 & 1/5/06) elp
03/27/2006APPELLANT'S REPLY BRIEF
04/18/2006CERTIFICATE PER RULE 28
04/25/2006CERTIFICATE PER RULE 28
05/10/2006CERTIFICATE PER RULE 28 ta
07/19/2006LETTER - from aplt's attorney re: briefing
09/12/2006RECORD INDEX
09/12/2006SUPPLEMENTAL RECORD #1 (45-pgs/armstrong 7/28/05 proc.)
09/12/2006SUPPLEMENTAL RECORD #2 (100-pgs/schertzer 12/15/05 proc.)
09/12/2006SUPPLEMENTAL RECORD #3 (63-pgs/van bremen 1/5/06 proc.)
09/12/2006RECORD COMPLETED
09/20/2006 It appearing that the complete record on appeal has been filed with this court in appeal no. 06-CV-96, and that briefing has been completed in appeal no. 05-CV-29, it is ORDERED that appellant's supplemental brief, addressing the issues raised in appeal no. 06-CV-96, and the supplemental appendix, shall be filed within 40 days from the date of this order, and appellee's supplemental brief shall be filed within 30 days thereafter. See D.C. App. R. 30, 31. (GP) elp
10/30/2006APPELLANT'S SUPPLEMENTAL BRIEF/MEMORANDUM (06CV96)
10/30/2006APPENDIX (Supplemental) (06CV96)
12/01/2006APLE MOTION TO EXT TIME TO FILE SUPPLEMENTAL BRIEF 06cv96 no oppo 30 days
12/05/2006 On consideration of appellee's unopposed motion for an extension of time within which to file the supplemental brief, it is ORDERED that the motion is granted and appellee's supplemental brief shall be filed on or before January 4, 2007. (GP) elp
12/11/2006APPELLEE'S SUPPLEMENTAL BRIEF/MEMORANDUM 06cv96
12/11/2006BRIEFS COMPLETED
12/26/2006APPELLANT'S REPLY BRIEF (Supplemental)
02/02/2007FINAL SCREENING - REGULAR CALENDAR
02/02/2007 It appearing that this appeal is likely to be calendared for argument during the months of April 2007 through June 2007, it is ORDERED that counsel shall advise this court in writing by February 19, 2007 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
02/07/2007LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING aple
02/15/2007LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING aple
03/02/2007CALENDAR NOTICE SENT
04/11/2007CERTIFICATE PER RULE 28
04/12/2007FiledACTION - Argued / Submitted
04/12/2007ARGUED before Judges Glickman, Fisher, King Charles E. Wagner, Esq. for appellant James C. McKay, Esq. for appellee
04/18/2007CERTIFICATE PER RULE 28
04/24/2007CERTIFICATE PER RULE 28
04/30/2007CERTIFICATE PER RULE 28
05/09/2007ORDER - On consideration of the correspondence submitted by the parties, dated April 17, 24 and 28, 2007, which correspondence purports to be submitted pursuant to D.C.App.R.28(k), it is ORDERED that the parties shall not submit, and the Clerk shall not accept for filing any further such correspondence from the parties without leave of court. (GL,FI,KG)
04/21/2008APPELLEE'S MISCELLANEOUS PROCEDURAL MOTION for leave to file Rule 28(K) Letter.
04/21/2008RECEIVED Appellee's Rule 28(k) letter.
05/05/2008On cosideration of appellee's unopposed motion to file the lodged 28(k) letter, it is ORDERED that the motion is granted, the lodged 28(k) letter is filed. (GL,FI,KG)
05/05/2008CERTIFICATE PER RULE 28
08/12/2008LETTER- from aplt re: rule 28 (j) advising court tthat a petition for writ of certiorari was filed
04/27/2009AFFIRMED MOJ (Glickman, Fisher, King)
05/20/2009MANDATE ISSUED
05/26/2009APPELLEE'S MISCELLANEOUS SUBSTANTIVE MOTION to publish the MOJ dated 4/27/09 deciding this case
06/01/2009APPELLANT'S OPPOSITION- to aple's motion to publish
06/04/2009APPELLEE'S REPLY - to aplt's oppo to aple's motion to publish
06/24/2009On consideration of appellee's motion to publish this court's memorandum opinion and judgment in the above matter filed April 27, 2009, appellant's opposition, and appellee's reply thereto, it is ORDERED that the motion is denied. (GL,FI,KG)