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United States Court Cases

District Of Columbia Court Of Appeals Record

JANE ZARA, ET AL, V. D.C. ALCOHOLIC BEV. CONT. BD.

Case Information: 09-AA-0031
Short Caption:JANE ZARA, ET AL, V. D.C. ALCOHOLIC BEV. CONT. BD.Classification:Agency - Administrative Agency - Alcohol Beverage Control Board (ABC)
Lead: 09-AA-0029 Consolidated: 09-AA-0030 , 09-AA-0031
Superior Court or Agency Case Number:21278-07/042PFiled Date:01/14/2009

Opening Event Date:01/14/2009Case Status:Closed
Record Completed:03/16/2009Post-Decision Matter Pending:
Briefs Completed:12/28/2009
Argued/Submitted:04/29/2010
Disposition:Next Scheduled Action:
Mandate Issued:05/03/2011

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
PetitionerJane Zara NPro SeN
PetitionerGregg Edwards NPro SeN
RespondentD.C. Alcoholic Beverage Control BoardN
Todd S. KimNY
Richard S. LoveYY

Events
Event DateStatusDescriptionResult
01/14/2009PETITION FOR REVIEW
01/14/2009FILING FEE of $100.00.
01/14/2009CERTIFIED COPY OF PETITION TO BOARD and Todd Kim, Esq.
01/21/2009 ORDERED that petitioner shall within 20 dasys from the date of this order, SHOW CAUSE why this petition should not be dismissed for LACK OF STANDING. D.C. Code 1-309.10 (a) (2001);... (BY: ETW)
01/21/2009TMC - OTSC - ROTSC
02/06/2009RESPONSE TO ORDER TO SHOW CAUSE dated 1/21/09
02/13/2009 On consideration of this court's JANUARY 21, 2009, ORDER directing petitioner ANC 1D to SHOW CUASE why its petition should not be dismissed for lack of standing , and the response thereto, construed as a motion to substitute JANE ZARA and GREGG EDWARDS as individual parties, it is ORDERED that the OTSC IS DISHCARGED. It is FURTHER ORDERED that the Clerk shall RE-CAPTION APPEAL NO. 09-AA-31 TO REFLECT the individual petitioners. It is *****MORE********
02/13/2009 FURTHER ORDERED, SS, that APPEALS NOS. 09-AA-29, 09-AA-30 and 09-AA-31 ARE HEREBY CONSOLIDATED for all purposes. (RZBETE)
03/16/2009RECORD ON APPEAL
03/16/2009RECORD COMPLETED (REC. COPY RM 047 BBY) ALONZO
03/19/2009 It appearing that the complete record on appeal has been filed with this court, it is ORDERED that petitioners' briefs and the appendix shall be filed within 40 days from the date of this order, and respondent's brief shall be filed within 30 days thereafter. See D.C. App. R.30, 31. (GP)
04/21/2009PETITIONER'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo 5/28/09 (Don Juan Restaurant)
04/21/2009APPEARANCE -of Ronald Massumi on behalf of Don Juan Restaurant, Inc.
05/05/2009 ORDERED that petitioner Don Juan Restaurant's motion is granted and the brief and the appendix shall be filed on or before May 29, 2009. It is F/O that the briefs of petitioners Jane Zara, et al. and A Group of 25 Mt. Pleasant Residents shall be submitted within 20 days from the date of this order, accompanied by a motino for leave to file out of time. The motion should set forth good cause for the failure either to timely file the documents or to request an extension of time within which to do so. Failure to comply with this order shall subject petitions for review nos. 09-AA-30 and 09-AA-31 to dismissal without further notice. See D.C. App. R. 13. (GP)
05/19/2009PETITIONER'S MOTION TO EXTEND TIME TO FILE BRIEF pending completion of the record. no oppo
06/02/2009RECEIVED - supplemental index to the record (3 black notebook binders in room 47A shelf BE1) (motion for is required)
06/02/2009ORDER GRANT PTNR MOTION TO EXT TIME TO FILE BRIEF and the appendix shall be filed within 40 days from the date the record is filed with this court. It is F/O that petitioners shall advise this court within 15 days of petitioner's receipt of the record. (GP)
06/04/2009RESP MOTION FOR LEAVE TO SUPPLEMENT THE RECORD (no oppo) (see June 2, 2009 entry)
06/11/2009ORD GRANT RESP MO FOR LV TO SUPPLEMENT THE RECORD and the lodged documents are filed as a supplemental record. It is F/O that petitioner's brief and the appendix shall be filed within 40 days from the date of this order and respondent's brief shall be filed within 30 days thereafter. (GP)
06/11/2009SUPPLEMENTAL RECORD (documents that were inadvertently omitted in the initial SR)
06/25/2009STATEMENT - from petitioner's regarding receipt of the record
07/09/2009PETITIONER'S MISCELLANEOUS PROCEDURAL MOTION and respondent for a deferred joint appendix
07/14/2009PETITIONER'S MOTION TO EXTEND TIME TO FILE BRIEF until August 17, 2009 (All)(unopposed)
07/21/2009ORDER GRANT PTNR MISCELLANEOUS PROCEDURAL MOTION to file a joint appendix. It is (MORE) (appendix due 14 days from BPRB)
07/21/2009ORDER GRANT PTNR MOTION TO EXT TIME TO FILE BRIEF and the briefs shall be filed on or before August 17, 2009. (GP)
08/17/2009PETITIONER'S BRIEF (09AA29 & 30) no appdx Don Juan Restaurant, Inc. & A Group os 25 Mount Pleasant Residents
08/17/2009PETITIONER'S BRIEF (Zara, ANC 1D - 09AA31 - no appendix) (appdx due 14 days from BPRB) - dlm
09/21/2009RESPONDENT'S MOTION TO EXTEND TIME TO FILE BRIEF to October 23, 2009 (consent).
09/25/2009 On consideration of respondent's motion for an extension of time within which to file the brief, to which no opposition has been filed, it is ORDERED that respondent's motion is granted and the brief of respondent shall be filed on or before October 23, 2009. (GP)
10/23/2009RESPONDENT'S MOTION TO REMAND the case to the Board for reconsideration
10/30/2009NOTICE RECEIVED- from petitioner notice of opposition to respondent's motion to remand ABC
11/03/2009TMC - respondent's motion to remand - opposition - reply
11/04/2009PETITIONER'S OPPOSITION- to respondent's motion to remand (Joint) (All Petitioners)dwm
11/09/2009RESPONDENT'S REPLY to Petitioner's Joint Opposition to Respondent's Motion to Remand.
11/25/2009 ORDERED that RESPONDENT'S MOTINO TO REMAND IS DENIED. It is FURTHER ORDERED that RESPONDENT WILL FILE ITS BRIEF on the merits w/n 30 days from the date of this order. (RDKRFE) (dt)
12/28/2009RESPONDENT'S BRIEF
12/28/2009BRIEFS COMPLETED
12/31/2009SUPPLEMENTAL RECORD (January 30, 2008 proc.) (Missing/Omitted Proceedings).
01/11/2010PTNR MOTION TO EXTEND TIME TO FILE REPLY BRIEF until February 19, 2010 (Joint)(no oppo)
01/20/2010 On consideration of petitioners' unopposed joint motion for an extension of time within which to file the reply briefs, it is ORDERED that petitioners' motion is granted and the reply briefs of petitioners' shall be filed with this court on or before February 19, 2010. (GP)
02/16/2010FINAL SCREENING - REGULAR CALENDAR
02/17/2010 It appearing that this appeal is likely to be calendared for argument during the month(s) of April 2010 through May 2010, it is ORDERED that counsel shall advise this court in writing by FEB. 23, 2010, of specific dates du ring that period when they are unavailable so that the court can attempt to avoid such dates in scheduling argument. (Please see the attached instruction sheet.) (aj) Garland Pinkston, Jr. Clerk
02/19/2010PETITIONER'S REPLY BRIEF (Don Juan Restaurant & A Group of 25 Mt. Pleasant Residents).
02/19/2010PETITIONER'S REPLY BRIEF (Advisory Neighborhood Commissions ANC 1D).
02/23/2010LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING and request for reasonable time for argument be pemittted for each petitioner (Counsel for Don Juan Restaurant,Inc.)dwm Granted
02/23/2010LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING (Counsel for A Group of 25 Mt. Pleasant Residents)
02/23/2010LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING (Zara, et al)
02/25/2010LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING respondent
03/03/2010CALENDAR NOTICE SENT
03/18/2010PTNR MOTION FOR LV TO FILE AMENDED/CORRECTED BRIEFand reply brief no oppo (Jane Zara)
03/18/2010RECEIVED-amended brief and amended reply brief (Jane Zara)
03/22/2010RECEIVED - appendix vol. I & II
04/13/2010On consideration of petitioner's unopposed motion to file the lodged amended brief and reply brief, and it appearing that this matter is scheduled on the regular calendar of April 29, 2010, it is ORDERED on behalf of the mertis division assigned to consider this matter that the motion is granted, and the lodged brief and reply brief are filed. (GP)
04/13/2010PETITIONER'S AMENDED/CORRECTED BRIEF (Jane Zara) and joint appendix Vol 1 & 2
04/13/2010PETITIONER'S REPLY BRIEF (Jane Zara)
04/19/2010On consideration of petitioners' request for additional argument time, and it appearing that this matter is scheduled on the Regular Calendadr of April 29, 2010, it is ORDERED on behalf of the merits division assigned to consider this matter that the motion is granted and the time permitted for oral argument shall not exceed thirth (30) minutes per side. (GP)
04/29/2010FiledACTION - Argued / Submitted
04/29/2010ARGUED before Judges Washington, Thompson, and Belson Ronald R. Massumi, Esq. for the PETITIONER Claudia E. Schlosberg, Esq. for the PETITIONER Jane Zara, Esq. for the PETITIONER Richard S. Love, Esq. for the RESPONDANT
05/11/2010REMANDED ORDERED that the matter is remanded to the Board to consider the ANC's written resolutions supporting live music entertainment at Don Juan Restaurant, and to conduct further hearings to fully explore whether there would be an adverse impact on the Mount Pleasant neighborhood if the MPNA agreement is terminated and replaced with the new agreement Don Juan Restaurant reached with the Hear Mount Pleasant organization. It is FURTHER ORDERED that the Board meet with the parties within 60 days of the date of this order to discuss and agree on the scope of the proceedings necessary to resolve the issues identified in this order. The parties shall provide a status report to this court every 30 days thereafter, until the Board issues a final order resolving this matter. (WH,TH,BE)
05/21/2010PTNT MO TO EXTEND TIME TO FILE PET FOR REG/REH EB no oppo all petitioners to 6/4.10
05/27/2010ORDER GRANT PTNR MO TO EXT TM TO FL PET FOR REH EB on or before June 4, 2010. (joint motion of Don Juan Restaurant Inc. and Jane Zara, et al) (WH)
06/04/2010PETITIONER'S PETITION FOR REHEARING EN BANC (joint petition of Don Juan Restaurant, Inc. and Jane Zara, et al.)
06/21/2010ORDER that respondent, within 14 days from the date of this order, shall file a response to petitioners' pet for reh en banc (10 copies). (WH)
07/06/2010RESPONDENT'S ANSWER/RESPONSE - to petition for rehearing enban
04/11/2011ORDER DENYING PTNR PETITION FOR REHEARING EN BANC (joint petition of petitioners) (WHRZRDGLKRFIBRTHOB)
05/03/2011MANDATE ISSUED
07/20/2011FiledStatement regarding status report pursuant to the court's 5/11/10 remand order (Respondent)