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United States Court Cases

District Of Columbia Court Of Appeals Record

TEDROSE BERAKI V. YODIT ZERABRUKE

Case Information: 06-FM-1556
Short Caption:TEDROSE BERAKI V. YODIT ZERABRUKEClassification:Appeals - Family - Custody
Lead:06-FM-1556Consolidated: 07-FM-0745 , 07-FM-0906
Superior Court or Agency Case Number:DRB1185-03Filed Date:11/17/2006

Opening Event Date:11/17/2006Case Status:Closed
Record Completed:06/24/2008Post-Decision Matter Pending:
Briefs Completed:02/26/2009
Argued/Submitted:11/17/2009
Disposition:Next Scheduled Action:
Mandate Issued:10/07/2010
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantTedrose Beraki N
R. Michael LaBelleYN
AppelleeYodit Zerabruke Y
Timothy Brightbill YN
AppelleeDanielle Avolio N
Danielle Avolio NN

Events
Event DateStatusDescriptionResult
11/17/2006NOTICE OF APPEAL
01/24/2007 On consideration of the notice of appeal filed in this case on November 17, 2006, it is ORDERED that appellant shall, within 20 days from the date of this order, 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). (GP)
02/12/2007APPELLANT'S MOTION TO PROCEED IN FORMA PAUPERIS
02/12/2007STATEMENT REGARDING TRANSCRIPT(S) 3/14-17/05 - tape 4/24-25/05 - tape 7/11-12/05 - tape 10/19/05 - tape 1/25-26/06 - tape 9/5, 8, 9, 10/2003 - tape (rt. ordered) - dlm
02/21/2007 On consideration of appellant's motion and affidavit to proceed on appeal in forma pauperis, it is ORDERED that appellant's motion to proceed on appeal in forma pauperis is granted. It is F/O that the Clerk of the Superior Court shall prepare and transmit the record index and record copies to this court including all necessary transcripts. See D.C. App. R. 10(b)(5), 11(b)(3). It is
02/21/2007 F/O that appellant shall within 20 days from the date of this order file with the Appeals Coordinator's Office a request for preparation of transcripts of proceedings in the Superior Court, on motion with notice, to the appropriate motions or trial judge, for determination in accordance with Hancock v. Mutual of Omaha Ins. Co., 472 A.2d867 (D.C. 1984). See D.C. App. R. 10 (b)(5)(A). It is FURTHER ORDERED that appellant shall simultaneously submit a file stamped copy of that motion with this court, it is FURTHER ORDERED that 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). (ETW)
03/07/2007RECEIVED - mot for appeal transcript.
03/15/2007RECEIVED - motion for appeal transcript 5/19/03 - tape 6/6/03 - tape 7/15/03 - tape 6/30/03 - tape (rt. ordered) - dlm
05/02/2007APPEARANCE- of Timothy C. Brightbill on behalf of aple
06/05/2007APPELLEE'S MOTION TO DISMISS/WITHDRAW APPEAL
06/07/2007TMC - appellee's motion to dismiss - appellant's motion to strike
06/18/2007APPELLANT'S MOTION TO STRIKE - aple's motion to dismiss ****construed as an OPPOSITION LW
06/21/2007 ORDERED that appellee's MOTION TO DISMISS is DENIED. (BRKGTE)
08/02/2007 Upon consideration of the notices of appeal filed in these matters, and it appearing that transcript may be needed for appeal no. 07-FM-745, it is ORDERED, sua sponte, that appeals nos. 06-FM-1556 and 07-FM-745 are consolidated for all purposes herein. It is (MORE)
08/02/2007 F/O that in appeal no. 07-FM-745, appellant shall within 20 days from the date of this order file with the CRD a request for preparation of transcripts of proceedings in the Superior Court, on motion with notice, to the appropriate motions or trial judge, for determination in accordance with Hancock v. Mutual of Omaha Ins. Co., 472 A.2d 867 (D.C. 1984). See D.C. App. R. 10 (b)(5)(A). It is FURTHER ORDERED that appellant shall simultaneously submit a file stamped copy of that motion with this court, it is FURTHER ORDERED that 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). (GP)
08/14/2007APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to deconsolidate appeal cases
08/14/2007RECEIVED - mot for appeal transcript. (07-FM-745)
09/10/2007ORDER DENYING APLT MISCELLANEOUS PROCEDURAL MOTION to deconsolidate. It is F/O, sua sponte, that appeal no. 07-FM-906 is consolidated with previously consolidated appeal nos. 06-FM-1556 and 07-FM-745. It is F/O that, in appeal no. 07-FM-906, appellant shall within 20 days from the date of this order file, with the Court Reporting Division a request for preparation of transcripts of proceedings in teh Superior Court, on motion with notice, to the appropriate motions or trial judge, for determination in accordance with Hancock v. Mutual of Omaha Ins. Co., 472 A.2d 867 (D.C. 1984). See D.C. App. R. 10(b)(5)(A). It is F/O that appellant shall simultaneously submit a file stamped copy of that motion with this court. It is F/O that appellant's failure to respond to any order of this court, including this order, shall subject these appeals to dismissal without further notice for lack of prosecution. See D.C. App. R. 13(a). (ETW)
10/01/2007RECEIVED motion for appeal transcript. (No additional proceedings needed).
02/13/2008RECORD INDEX (06-FM-1556, 07-FM-745 & -906)
02/13/2008RECORD COPIES (06-FM-1556, 07-FM-745 & -906)
02/14/2008SUPPLEMENTAL RECORD #1 (21 pgs/Tape) (5/19/03 proc.)
02/14/2008SUPPLEMENTAL RECORD #2 (13 pgs/Tape) (6/6/03 proc.)
02/14/2008SUPPLEMENTAL RECORD #3 (127 pgs/Tape) (6/30/03 proc.)
02/14/2008SUPPLEMENTAL RECORD #4 (21 pgs/Tape)(7/15/03 proc.)
02/14/2008SUPPLEMENTAL RECORD #5 (10 pgs/Tape)(9/5/03 proc.)
02/14/2008SUPPLEMENTAL RECORD #6 (108 pgs/Tape) (9/8/03 proc.)
02/14/2008SUPPLEMENTAL RECORD #7 (104 pgs/Tape) (9/9/03 proc.)
02/14/2008SUPPLEMENTAL RECORD #8 (26 pgs/Tape) (9/10/03 proc.)
02/14/2008SUPPLEMENTAL RECORD #9 (22 pgs/Tape) (1/14/04 proc.)
02/14/2008SUPPLEMENTAL RECORD #10 (25 pgs/Tape) (2/6/04 proc.)
02/14/2008SUPPLEMENTAL RECORD #11 (31 pgs/Tape) (3/5/04 proc.)
02/14/2008SUPPLEMENTAL RECORD #12 (28 pgs/Tape) (3/11/04 proc.)
02/14/2008SUPPLEMENTAL RECORD #13 (30 pgs/Tape)(6/2/04 proc.)
02/14/2008SUPPLEMENTAL RECORD #14 (29 pgs/Tape)(10/22/04 proc.)
02/14/2008SUPPLEMENTAL RECORD #15 (112 pgs/Tape) (3/14/05 proc.)
02/14/2008SUPPLEMENTAL RECORD #16 (110 pgs/Tape) (3/15/05 proc.)
02/14/2008SUPPLEMENTAL RECORD #17 (66 pgs/Tape)(3/16/05 proc.)
02/14/2008SUPPLEMENTAL RECORD #18 (101 pgs/Tape) (3/17/05 proc.)
02/14/2008SUPPLEMENTAL RECORD #19 (130 pgs/Tape)(4/25/05 proc.)
02/14/2008SUPPLEMENTAL RECORD #20 (101 pgs/Tape)(4/26/05 proc.)
02/14/2008SUPPLEMENTAL RECORD #21 (185 pgs/Tape)(7/11/05 proc.)
02/14/2008SUPPLEMENTAL RECORD #22 (131 pgs/Tape)(7/12/05 proc.)
02/14/2008SUPPLEMENTAL RECORD #23 (161 pgs/Tape)(10/19/05 proc.)
02/14/2008SUPPLEMENTAL RECORD #24 (125 pgs/Tape)(1/25/06 proc.)
02/14/2008SUPPLEMENTAL RECORD #25 (46 pgs/Tape)(1/27/06 proc.)
02/14/2008SUPPLEMENTAL RECORD #26 (30 pgs/Tape)(1/24/07 proc.)
02/14/2008SUPPLEMENTAL RECORD #27 (98 pgs/Tape)(2/16/07 proc.)
02/14/2008SUPPLEMENTAL RECORD #28 (45 pgs/Tape)(4/18/07 proc.)
02/14/2008SUPPLEMENTAL RECORD #29 (40 pgs/Tape)(5/10/07 proc.)
02/14/2008SUPPLEMENTAL RECORD #30 (68 pgs/Tape)(5/18/07 proc.)
02/14/2008SUPPLEMENTAL RECORD #31 (27 pgs/Tape)(6/29/07 proc.)
02/14/2008SUPPLEMENTAL RECORD #32 (17 pgs/Tape)(5/5/04 proc.)
03/17/2008SUPPLEMENTAL RECORD - #33 (47 pgs/tape) 3/25/04 proc.
03/20/2008 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 appellee's brief shall be filed within 30 days thereafter. See D.C. App. R. 31. (GP)
03/25/2008APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION- to vacate the court order for aplt's briefing pending in the production othe complete record of this appeal
06/10/2008SUPPLEMENTAL RECORD - #34 (27 pgs/tape) 1/09/04 proc.
06/11/2008ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION to the extent that appellant's brief and the limited appendix shall be filed within 40 days from the date of this order. (GP)
06/24/2008RECORD COMPLETED (REC. COPY IN RM O47A BF6) ALONZO
06/24/2008SUPPLEMENTAL RECORD - #35 (48pgs/Tape) 9/19/07 proc.
06/24/2008SUPPLEMENTAL RECORD - #36 (128pgs/Tape) 11/8/07 proc.
06/24/2008SUPPLEMENTAL RECORD - #37 (109pgs/Tape) 12/11/07 proc.
06/24/2008SUPPLEMENTAL RECORD - #38 (63pgs/Tape) 12/19/07 proc.
07/16/2008Upon consideration of the notices of appeal in these matters, and it appearing that Danielle Avolio, Esquire, was appointed as guardian ad litem in the trial court, it is ORDERED, sua sponte, that Danielle Avolio, Esquire, is hereby appointed as guardian ad litem, nunc pro tunc to November 17, 2006, in these appeals. It is F/ORDERED that the brief of appellant and the limited appendix remain due to be filed on or before July 21, 2008, and the briefs of the guardian ad litem and appellee shall be filed within 30 days thereafter. (ETW)
07/29/2008 On consideration of this court's order of June 11, 2008, granting appellant's motion for an extension of time to file the brief and limited appendix within 40 days from the date the transcript is filed with this court, and it appearing tha t the brief a limited appendix have not been filed, it is ORDERED that appellant shall within 20 days from the date of this order, submit the brief and the limited appendix, accompanied by a motion for leave to file the documents out of time. The motion shall set forth good cause for the failure to either to fimely file the documents or to request and extension of time within which to do so. Failure to comply with this order shall subject this appeal to dismissal without further notice. (GP)
08/07/2008APPOINTING COUNSEL/CHILD ABUSE & NEGLECT (CCAN) Danielle Avolio, Esquire
08/13/2008APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF
08/18/2008APPELLEE'S OPPOSITION - to aplt's moiton for enlargement of time to file brief
08/25/2008APPELLANT'S REPLY- to aple's oppo to aplt's motion for enlargment of time
08/26/2008 On consideration of appellant's motion for an extension of time within which to file the brief, to which no opposition has been filed, it is ORDERED that the motion is granted, and appellant's brief and the limited appendix shall be filed on or before September 19, 2008. (GP)
09/19/2008APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF 45 days
10/02/2008 On consideration of appellant's motion for an extension of time within which to file the brief, to which no opposition has been filed, it is ORDERED that the motion is granted and appellant's brief and the limited appendix shall be filed on or before November 3, 2008. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (GP)
11/03/2008APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until November 7, 2008
11/07/2008RECEIVED - aplt's brief
11/07/2008RECEIVED - aplt's appdx
12/01/2008ORDER GRANTING APLT MOTION FOR LEAVE TO FILE BRIEF and the lodged brief and limited appendix are filed. It is F/O that the briefs of appellee and the guardian ad litem shall be filed on or before December 31, 2008. (GP)
12/01/2008APPELLANT'S BRIEF
12/01/2008APPENDIX
12/03/2008APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo 1/29/09
12/12/2008 On consideration of appellee's motion for an extension of time within which to file the brief, to which no opposition has been filed, it is ORDERED that the motion is granted and appellee's brief shall be filed on or before January 29, 2009. (GP)
01/09/2009 It appearing that the brief of appellant was filed with this court on december 1, 2008, and it further appearing that the brief of the guardian ad litem was due to be filed on or before December 31, 2008 (See D.C. App. R. 31), but the brief has not been filed, it is ORDERED that the guardian ad litem shall within 20 days from the date of this order submit his brief, or statement that the party will not befiling a 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 statement, or to request an extension of time within which to do so. failure to comply wtih this order shall subject this appeal to being scheduled on the record and the appellate briefs on file. (GP)
01/27/2009APPELLEE'S MOTION TO PROCEED IN FORMA PAUPERIS
01/27/2009APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF for 21 days (Joint)
02/06/2009ORD GRANT APLE MTN TO PROCEED IN FORMA PAUPERIS However, appellee's request for transcript must be filed iwth the Court Reporting Division of the Superior Court within 10 calendar days from the date of this order, on a motion to the trial judge, with notice to all parties, for determination in accordance with Hancock v. Mutual of Omaha Ins. Co., 472 A.2d 867 (D.C. 1984). See D.C. App. R. 10(b)(5)(A). It is (MORE)
02/06/2009ORD GRANT APLE MOTION TO EXTEND TIME TO FILE BRIEF F/O that the joint motion for an extension of time is granted to the extent that the briefs of appellee and the guardian ad litem shall be filed within 20 days from the date of this order. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (ETW)
02/26/2009MEMORANDUM/STATEMENT IN LIEU OF BRIEF (Guardian Ad Litem)
02/26/2009APPELLEE'S BRIEF (Zerabruke)
02/26/2009BRIEFS COMPLETED
05/13/2009FINAL SCREENING - REGULAR CALENDAR
06/29/2009 It appearing that this appeal is likely to be calendared for argument during the months of September 2009 through November 2009, it is ORDERED that counsel shall advise this court in writing by July 17, 2009 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
07/09/2009LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
08/27/2009LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
09/30/2009CALENDAR NOTICE SENT
11/06/2009APPELLANT'S MOTION FOR LEAVE TO FILE REPLY BRIEF `
11/06/2009RECEIVED - aplt's reply brief and supplemental appendix
11/16/2009On consideration of appellant's motion for leave to file his lodged reply brief and supplemental appendix, it is ORDERED that the motion is granted, and the Clerk shall file the lodged reply brief and supplemental appendix. (RZ,TH,FE)
11/16/2009APPELLANT'S REPLY BRIEF and Supplemental appendix
11/17/2009FiledACTION - Argued / Submitted
11/17/2009ARGUED before Ruiz,Thompson,Ferren. R.Michael Labelle Esq.,for appellant Tedrose Beraki. Timothy Brightbill Esq.,for appellee Yodit Zerabruke.
11/23/2009APPELLEE'S MOTION TO STRIKE portions of aplt's reply brief and supp appedix.
12/01/2009APPELLANT'S OPPOSITION to motion to strike portions of reply brief.
02/25/2010SUPPLEMENTAL RECORD - #39 (165pgs/Tape) 12/9/09 proc.
04/30/2010ORDER This court heard oral argument on 11/17/09 in appeal nos. 06-FM-1556, 07-FM-745 and 07-FM-906. Upon this Court's consideration of developments in the trial court relating to the matters of custody, visitation and child support that are the subject of the foregoing appeals, specifically the trial court's order of 12/14/09, modifying the child support order issued in June 2007, and its order of 4/21/10, awarding sole legal and physical custody of the minor children to Tedrose Beraki; and inasmuch as Mr. Beraki has filed notices commencing separate apeals with respect to the trial court's 12/14/09 order and with respect to the portion of the 4/21/10 order requiring supervised visitation with the mother, it is ORDERED that, within 30 days of the date of this order, appellant shall submit a brief to this Court addressing whether and how the trial court's recent orders have affected appeal nos. 06-FM-1556, 07-FM-745 and 07-FM-906, including whether these pending appeals have been rendered moot. Appellee may respond within 30 days after appellant's submission is filed with the Court. (RZ,TH,FE)
06/01/2010APPELLANT'S SUPPLEMENTAL BRIEF/MEMORANDUM
06/30/2010APPELLEE'S SUPPLEMENTAL BRIEF/MEMORANDUM
09/16/2010FiledAFFIRMED IN PART / DISMISSED IN PART Opinion (Ruiz, Thompson, Ferren) and Judgment dismissing the cause as moot insofar as it seeks review of the August 2006 custody order, but affirming the judgment of the trial court with respect to the June 2007 award of child support.
10/07/2010MANDATE ISSUED