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United States Court Cases

District Of Columbia Court Of Appeals Record

DISTRICT OF COLUMBIA V. PETER S. CRAIG

Case Information: 06-TX-0177
Short Caption:DISTRICT OF COLUMBIA V. PETER S. CRAIGClassification:Appeals - Tax - Tax
Lead:06-TX-0177Consolidated: 06-TX-0178
Superior Court or Agency Case Number:CVT8112-02Filed Date:02/03/2006

Opening Event Date:02/03/2006Case Status:Closed
Record Completed:03/08/2006Post-Decision Matter Pending:
Briefs Completed:09/22/2006
Argued/Submitted:01/12/2007
Disposition:Next Scheduled Action:
Mandate Issued:08/06/2008

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
Amicus-AppelleeFederation of Citazens Associations of the D.C.N
John M. Goodman NN
AppellantDistrict of ColumbiaN
Edward E. SchwabNY
Mary L. WilsonYY
AppelleePeter S. Craig N
Nathalie V. Black NN
Peter S. Craig YN

Events
Event DateStatusDescriptionResult
02/03/2006NOTICE OF APPEAL
03/06/2006 ERROR (DO NOT RE-USE)
03/07/2006 On consideration of the notice of appeals filed in these cases on February 3, 2006, it is ORDERED, sua sponte, that appeals nos. 06-TX-177 and 06-TX-178 are consolidated for all purposes. It is FURTHER 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 Divisionto 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). (elp)
03/08/2006RECORD INDEX 06tx177 no record copies
03/08/2006RECORD INDEX no record copies 06tx178
03/08/2006RECORD COMPLETED (RT NOTED ON SRT - ORDERED NON-APPEAL - COMPLETE *****PROCEEDING WITH BRIEFING)
03/16/2006STATEMENT REGARDING TRANSCRIPT(S) (RT NEEDED) (RT ORDERED for 3/10, 6/3,9/11,10/2 & 12/3/03, 6/21 & 7/14/04,9/26 & 11/30/05) COMPLETED *except for 3/10/03 elp
03/20/2006RECEIVED - entry of appearance of Stephen M. Truitt (pro se) *******************STRICKEN PER 4/12/06 ORDER
03/22/2006 On consideration of the Entry of Appearance submitted by Stephen M. Truitt, Esquire, in appeal no. 06-TX-177, and it appearing from the Superior Court docket, the Notice of Appeal, and the submissions to date, that Mr. Truitt was neither a party below, nor a party's representative, it is ORDERED that within 20 days from the date of this order that Stephen M. Truitt, Esquire shall identify the basis of his standing to enter into appeal no. 06-TX-177. If Mr. Truitt was a member of the underlying class, then he shall identify the authority under which he now attempts to proceed separately. (BY: ETW) DPT/lw
04/05/2006RESPONSE TO ORDER TO SHOW CAUSE- to order dated 3/22/06 (Stephen Truitt)
04/06/2006TMC - 3/22/06 ORDER - response (Stephen Truitt)
04/11/2006LETTER from Atty Craig that he is lead counsel for aple in 06-TX-177.
04/12/2006 On consideration of this court's order to show cause, and the response thereto, and it appearing that Stephen M. Truitt, Esq., is a member of the underlying class in appeal no. 06-TX-177 and that Mr. Truitt has not opted out of that class, which already has representation, and it further appearing that Mr. Truitt has failed to identify any authority which might allow him to proceed independently from the class, it is ORDERED that the entry of appearance filed by Stephen M. Truitt, Esq. is HEREBY STRICKEN. (RDKRNE)
04/18/2006MISCELLANEOUS - MOTION OF STEVEN M. TRUITT for reconsideration of 4/12/06 order LW
04/20/2006TMC - Steven Truitt's motion for reconsideration of 4/12/06 order
04/25/2006APPELLEE'S ANSWER/RESPONSE - of Craig Peters to motion of Stephen Truitt for reconsideration and vacation of court order of 4/12/06
04/25/2006 ORDERED that the MOTION TO RECONSIDER and TO VACATE IS DENIED. From the materials provided to this date, Mr. Truitt does not appear to be a class representative. His appearance in an early list of identifiable class members and the Superior Court's unrelated and isolated reference to petitioners in its order of June 11, 2003, did not bestow representative status on him. Under Mr. Truitt's reading of the relevant materials, any member of the class would be a representative member. (RDKRNE)
05/02/2006 On consideration of the statement regarding transcript filed by appellant, and it appearing that the transcripts ordered for these appeals have been transcribed and are ready for transmittal, and it further appearing that appellant has not made the necessary arrangements to have the transcripts made part of the record on appeal, and the record on appeal is otherwise complete, 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. (BY: GP)
05/05/2006APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF 30 days
05/08/2006STATEMENT - by D.C...indicating that D.C. has requested on 5/3/06 that CRD forward the completed transcripts ordered for this appeal LW
05/09/2006APPELLEE'S OPPOSITION - to aplt's motion to further delay this proceeding (extension of time to file brief) (Craig)
05/10/2006APPELLANT'S REPLY - to aple's oppo to motion for extension of time to fie brief
05/11/2006APPELLEE'S OPPOSITION - to aplt's motion for extension of time to file brief (Ernest - Aple in 06-TX-178)dwm
05/16/2006 On consideration of appellant's motion for an extension of time within which to file the brief and the appendix, the opposition and reply thereto, it is ORDERED that the motion is granted and appellant's brief and the appendix shall be filed on or before July 12, 2006. (ETW) elp
07/12/2006SUPPLEMENTAL RECORD #1(20-pgs/tape 3/10/03 proc.)
07/12/2006SUPPLEMENTAL RECORD #2 (61-pgs/salazar 6/3/03 proc.)
07/12/2006SUPPLEMENTAL RECORD #3 (27-pgs/tape 9/11/03 proc.)
07/12/2006SUPPLEMENTAL RECORD#4 (30-pgs/tape 10/2/03 proc.)
07/12/2006SUPPLEMENTAL RECORD #5 (46-pgs/tape 12/3/03 proc.)
07/12/2006SUPPLEMENTAL RECORD #6 (65-pgs/shelton 6/21/04 proc.)
07/12/2006SUPPLEMENTAL RECORD #7 (114-pgs/tape 7/14/04 proc.)
07/12/2006SUPPLEMENTAL RECORD #8 (29-pgs/mechanic 8/3/05 proc.)
07/12/2006SUPPLEMENTAL RECORD #9 (45-pgs/jackson 9/26/05 proc.)
07/12/2006SUPPLEMENTAL RECORD #10 (26-pgs/tape 11/30/05 proc.)
07/12/2006APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 8/2/06
07/14/2006APPELLEE'S OPPOSITION - to aplt's motion for extension of time to file brief
07/24/2006 On consideration of appellant's motion for an extension of time within which to file the brief and the appendix, and the opposition thereto, it is ORDERED that the motion is granted and appellant's brief and the appendix shall be filed on or before August 2, 2006. (ETW) elp
08/01/2006APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to September 22, 2006 (no oppo).
08/02/2006APPENDIX
08/02/2006APPELLANT'S BRIEF
08/05/2006 On consideration of appellee Peter S. Craig's unopposed motion for an extension of time within which to file the brief, it is ORDERED that the motion is granted and appellee Peter S. Craig's brief shall be filed on or before September 22, 2006. (GP) elp
08/07/2006APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for leave to file 4th volume of appendix. (DC)
08/07/2006RECEIVED - aplt's 4th vol. appendix.
08/09/2006APPELLEE'S MISCELLANEOUS PROCEDURAL MOTION to correct order of August 4. (DCCA order dtd 8/5) (Craig)
08/15/2006APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for leave to file corrected appendix 4th vol.
08/15/2006RECEIVED - corrected appendix vol 4.
09/05/2006APPELLEE'S BRIEF (Polly Ernst)
09/08/2006ORDERED that the motions of the District of Columbia are granted to the extent that the Clerk shall file the lodged corrected fourth volume of appendix. It is (MORE)
09/08/2006APPENDIX VOLUME 4 (Corrected copy) (joint)
09/08/2006FURTHER ORDERED that appellee Peter Craig's motion is denied as moot. It is F/ORDERED that appelele Peter Craig's brief remains due to be filed on or before September 22, 2006. (ETW)
09/22/2006APPELLEE'S BRIEF
09/22/2006BRIEFS COMPLETED
09/29/2006AMICUS CURIAE'S BRIEF (FEDERATION OF CITIZEN ASSOCIATION OF THE D.C.)
09/29/2006FINAL SCREENING - REGULAR CALENDAR
10/11/2006APPELLEE'S MISCELLANEOUS PROCEDURAL MOTION to expedite oral argument ****REQUEST FOR ADDITIONAL TIME TO ARGUE IS DENIED
10/11/2006APLT MOTION TO EXTEND TIME TO FILE REPLY BRIEF 11/27/06
10/11/2006APPELLANT'S OPPOSITION- to aple's to expedite oral argument
10/12/2006APPELLEE'S REPLY - to in support of motion to expedite oral argument
10/13/2006TMC - appellee's motion to place the appeals on the december calendar - opposition - reply - appellant's motion for an extesion of time to file its reply brief
10/24/2006 ORDERED that appellant's MOTION FOR AN EXTENSION OF TIME TO FILE REPLY IS GRANTED and the reply brief, if any, shall be filed no later than November 27, 2006. It is *****MORE*****
10/24/2006 FURTHER ORDERED that appellee's REQUEST FOR ADDITIONAL TIME TO ARGUE IS DENIED. It is *****MORE*****
10/24/2006 FURTHER ORDERED that appellee's MOTION TO EXPEDITE ORAL ARGUMENT IS GRANTED to THE EXTENT that these appeals shall BE PLACED ON THE JANUARY 2007 CALENDAR. (RDFINE)
10/24/2006LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING ****JANUARY CALENDAR Hahn, Craig, Kim
10/26/2006LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING aplt
11/16/2006FINAL SCREENING - REGULAR CALENDAR
11/27/2006APPELLANT'S REPLY BRIEF
11/30/2006CALENDAR NOTICE SENT
12/12/2006APPELLEE'S MISCELLANEOUS PROCEDURAL MOTION for extension of time to argue
12/19/2006ORDER On consideration of appellee's, Ernest, motion for ext. of time to argue, and it apprg that this matter is scheduled on the regular calendar of January 12, 2007, it is ORDERED on behalf of the merits division assigned to consider this matter that the motion for addt'l time is denied and the time permitted for oral argument shall not exceed thirty (30) minutes per side. Appellees are to apportion the time at their discretion. See D.C. App. R. 35(g)(2). (GP)
01/09/2007APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for leave to file mission page of appendix as well as additional document designated by petitioners
01/12/2007FiledACTION - Argued / Submitted
01/12/2007ARGUED before Judges Washington, Thompson, Kern Mary L. Wilson, Esq. for appellant Peter S. Craig, pro se Gilbert Hahn, Jr., Esq for appellee Ernst
01/19/2007On consideration of the motion of appellant for leave to file missing page of appendix as well as additional document designated by Peter S. Craig, it is ORDERED that the motion is granted. The Clerk is directed to file the lodged missing page of appendix and the additional document designated by Peter S. Craig. (WH,TH,KN)
01/19/2007MISCELLANEOUS - missing page of appendix and the additional documetn designated by Peter S. Craig.
07/19/2007REVERSED AND REMANDED Opinion (Washington, Thompson, Kern) and Judgment vacating the class certification order and injunction, reversing the Tax Division's summary judgment ruling, and remanding the cases for further proceedings consistent with said opinion.
07/31/2007APPELLEE'S PETITION FOR REHEARING EN BANC (Ernst)
08/07/2007APLE MO TO EXTEND TIME TO FILE PET FOR REHEARING no oppo to 8/22/07 (Craig)
08/08/2007ORD GRT APLE MO TO EXTEND TIME TO FILE PET FOR REH on or before August 22, 2007. (GL) (of Craig)
08/20/2007APPELLEE'S PETITION FOR REHEARING EN BANC (of Craig)
08/31/2007ORDER that appellants within 14 days from the date of this order shall file a response to pet for reh en banc (10 copies). (WH) (in 06-TX-177)
09/12/2007APPELLANT MOTION TO EXTEND TIME TO FILE OPPOSITION to pet for reh en banc until September 28, 2007. (no oppo)
09/20/2007ORD GRT APLT MO TO EXTEND TIME TO FILE OPPOSITION to petitions for rehearing en banc on or before September 28, 2007. (WH) (in 06-TX-177)
09/28/2007APPELLANT'S OPPOSITION - to aple's petition for rehearing en banc (in 06-TX-177)
02/21/2008ORDER DENYING APLE PETITION FOR REHEARING EN BANC (WHFARZRDGLKRFIBRTH) (of Craig)
02/21/2008ORDER DENYING APLE PETITION FOR REHEARING EN BANC (WHFARZRDGLKRFIBRTH) (of Ernst)
02/28/2008APPELLEE'S MISCELLANEOUS PROCEDURAL MOTION to stay mandate
03/06/2008ORDER GRANT APLE MISCELLANEOUS PROCEDURAL MOTION and the Clerk is directed to stay issuance of the mandate in 06-TX-177 through May 22, 2008. Appellee is directed to advise this court in writing upon the filing of his petition in the Supreme Court of the United States. (Washington, Thompson, Kern)
03/10/2008MANDATE ISSUED in 06-TX-178, DC v. Ernst
05/23/2008NOTICE OF FILING A PETITION FOR WRIT OF CERTIORARI
05/27/2008NOTICE RECEIVED - aple's have filed a pet for writ of certiorari.
06/23/2008NOTICE OF DENIAL OF PET. FOR WRIT OF CERTIORARI
08/06/2008MANDATE ISSUED in Appeal No. 06-TX-177.