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United States Court Cases

District Of Columbia Court Of Appeals Record

M STREET FIVE, LLC V. ALEX BROWN

Case Information: 11-CV-0152
Short Caption:M STREET FIVE, LLC V. ALEX BROWNClassification:Appeals - Civil - Landlord And Tenant
Lead: 11-CV-0103 Consolidated:11-CV-0152, 11-CV-0607 , 11-CV-0834
Superior Court or Agency Case Number:LTB26877-10Filed Date:02/08/2011

Opening Event Date:02/08/2011Case Status:Decided/Dismissed
Record Completed:03/21/2011Post-Decision Matter Pending:
Briefs Completed:10/11/2011
Argued/Submitted:04/04/2012
Disposition:Next Scheduled Action:
Mandate Issued:12/28/2012

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
Appellant-Cross-AppelleeAlex Brown N
Robert C. Gill, IINY
Appellee-Cross-AppellantM. Street Five LLCN
Gregory T. DumontNY

Events
Event DateStatusDescriptionResult
02/08/2011NOTICE OF APPEAL
02/22/2011 Upon consideration of the notices of appeal in these matters, and on further consideration of this court's order of February 15, 2011, issued in appeal no. 11-CV-103, which directed appellant/ cross-appellee to file the statement regarding transcript within 20 days from the date of the order, and it appearing that transcript is needed for appeal no. 11-CV-152, it is ORDERED sua sponte, that appeals nos. 11-CV-103 and 11-CV-152 are consolidated for all purposes herein. It is FURTHER ORDERED that appellee/cross- appellant shall within 20 days from the date of this order complete and file with this court a single copy of the statement regarding transcript available for completion online. Where transcript(s) necessary for this appeal have been ordered and completed for non-appeal purposes, appellee/cross-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, appellee/cross- appellant must file a statement of issues to be presented with this court within 10 days from date of this order. See D.C. App. R. 10 (b)(3) (A). It is FURTHER ORDERED that appellee/cross- appellant's failure to respond to any order of this court, including this order, shall subject appeal no. 11-CV-152 to dismissal without further notice for lack of prosecution. See D.C. App. R. 13 (a), it is FURTHER ORDERED that appellant/cross- appellee's statement regarding transcripts remains due to be filed with this court on or before March 7, 2011. (JAC) elp
02/23/2011SUPPLEMENTAL RECORD#1 (200-pgs/tape 12/6/10 proc.)w/cd
02/23/2011NOTICE RECEIVED - (11-CV-152) (Appellee-X-Appellant) filed by Gregory T. Dumont, Esquire (RT-NEEDED/RT-ORDERED for 1/31/11 (elp)
02/23/2011STATEMENT REGARDING TRANSCRIPT(S) - (11-CV-152) filed by : Gregory T. DuMont, Esq. (RT-NEEDED/RT-ORDERED for 12/6/10) (elp)
02/28/2011STATEMENT REGARDING TRANSCRIPT(S) 11cv103 *(A copy of the SRT filed and not docketed on 2/28/11, by P.O. received by fax transmittal on 3/15/11, and docketed) (elp) **(RT-NEEDED/RT-ORDERED for 12/6/10) (elp)
03/02/2011RECORD INDEX 11 cv 103
03/09/2011 On consideration of this court's order of February 15, 2011, which directed appellant/cross- appellee to file the statement regarding transcript within 20 days from the date of the order, and it appearing that appellant/cross-appellee has failed to comply with the order, it is ORDERED that appellant/cross-appellee shall within 10 calendar days from the date of the order submit the statement regarding transcript, 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 documents or to request an extension of time within which to do so. Failure to comply with this order shall subject appeal no. 11-CV-103 to dismissal without further notice. See D.C. App. R. 13 (a). (JAC) elp
03/14/2011RECORD INDEX 10cv152 w/exhibits in black binder
03/15/2011APPELLANT'S MOTION FOR SUMMARY REVERSAL filed by: Roger Luchs on behalf of M Street Five, LLC
03/16/2011TMC - motion for summary reversal (11CV152) - opposition - reply
03/21/2011SUPPLEMENTAL RECORD#2 (58-pgs/wood 1/31/11 proc.)
03/21/2011RECORD COMPLETED (11-CV-152)
03/21/2011NOTICE RECEIVED- from aplt/cross aple re: statement regarding transcript filed on 2/28/11 *providing proof that SRT was filed on 2/28/11, after receiving this court's order of 3/9/11, since SRT was not initially docketed (elp)
03/21/2011APPELLANT/CROSS-APPELLEE'S OPPOSITION - to aple/cross aplt's motion for summary reversal (filed by: Attorney Gill on behalf of Alex Brown) (11CV152)
03/28/2011APPELLEE/CROSS-APPELLANT'S REPLY to Alex Brown's Opposition to Motion for Summary Reversal of M Street Five, LLC.
05/10/2011 On consideration of appellee/cross-appellant's motion for summary reversal in 11CV152...it is ORDERED that the MOTION FOR SUMMARY REVERSAL in 11CV152 IS DENIED. It is ****MORE*****
05/10/2011 OPENING BRIEF (not to exceed 50 pages) of APPELLANT/CROSS-APPELLEE and the appendix w/n 40 days from the date of this order. RESPONSIVE BRIEF (not to exceed 50 pages) of APPELLEE/CROSS-APPELLANT w/n 30 days from the date of sservice of the opening brief. REPLY BRIEF (not to exceed 20 pages) of APPELLANT/CROSS-APPELLEE, w/n 21 days from the date of service of the responsive brief. REPLY BRIEF (not to exceed 20 pages) of APPELLEE/CROSS-APELLANT, if any, w/n 21 days from the date of service of the reply brief of appellant/cross-appellee. (RZTHPR)
06/13/2011 Upon consideration of the notices of appeal filed in appeal no. 11-CV-607, and it appearing that no transcript is needed for this appeal, and on further consideration of the briefing order of May 10, 2011, issued in appeals nos. 11-CV-103 & 11-CV-152, it is ORDERED, sua sponte, that appeal no. 11-CV-607 are consolidated with previously consolidated appeals nos. 11-CV-103 & 11-CV-152 for all purposes herein. It is FURTHER ORDERED that the Clerk of the Superior Court shall transmit the record index for appeal no. 11-CV-607 forthwith. It is FURTHER ORDERED that the May 10, 2011, briefing order is hereby amended and appellant/cross-appellees' consolidated opening brief and the appendix shall be filed within 40 days from the date of this order. (ETW) elp
06/15/2011RECORD INDEX 11cv607
06/21/2011CHANGE OF ADDRESS RECEIVED Robert Gill
07/22/2011FiledBrief (Alex Brown)
07/22/2011FiledAppendix (Joint) Vol 1 to 3.
08/05/2011FiledOrder Granting Motion To Consolidate this Appeal with all pending appeals : 11-CV-103, 11-CV-152 & 11-CV-607 (Appellant)
08/15/2011FiledRecord Index for 11cv834
08/30/2011FiledOrder Sua Sponte Directing Appellee-x-Appellant to submit the brief within 15 days accompanied by a motion for leave
08/31/2011FiledMotion For Leave to File Brief (Appellee-Cross-Appellant)Granted
09/12/2011FiledOpposition to aple cross aplt's motion to late file brief (Appellee-Cross-Appellant)
09/19/2011FiledOrder Granting Motion For Leave to File Brief (Appellee-Cross-Appellant)
09/19/2011FiledBrief (Appellee-Cross-Appellant)
10/11/2011FiledReply Brief (Appellant-Cross-Appellee)
10/11/2011FiledBriefing Completed
11/18/2011FiledACTION - Ready for Calendaring
12/05/2011FiledLetter To Counsel/Party Re Future Calendaring
03/01/2012FiledACTION - Calendar notice sent
04/04/2012FiledArgued before Judges Fisher, Blackburne-Rigsby, King Robert C. Gill, II, Esq. for aplt-cross-aple Roger D. Luchs, Esq. for aple-cross-aplt
12/06/2012FiledAffirmed In Part/Reversed In Part/Remanded In Part (OPINION) (Fisher and Blackburne-Rigsby, Associate Judges, and King, Senior Judge.)
12/28/2012FiledMandate