judyrecords
search tips
740 million+
United States Court Cases

District Of Columbia Court Of Appeals Record

ALEXANDRA CERPE V. FRED A. SMITH MGMT. CO., ET AL

Case Information: 07-CV-0036
Short Caption:ALEXANDRA CERPE V. FRED A. SMITH MGMT. CO., ET ALClassification:Appeals - Civil - Other Civil
Lead: 07-CV-0035 Consolidated:07-CV-0036
Superior Court or Agency Case Number:CAB2337-03Filed Date:01/05/2007

Opening Event Date:01/05/2007Case Status:Closed
Record Completed:03/28/2007Post-Decision Matter Pending:
Briefs Completed:10/26/2007
Argued/Submitted:09/04/2008
Disposition:Next Scheduled Action:
Mandate Issued:10/31/2008

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
Appellant-Cross-AppelleeFred W. Smith N
Phoebe Leslie DeakNN
David B. LambYN
Appellee-Cross-AppellantAlexandra Cerpe N
Mark Hanna NN

Events
Event DateStatusDescriptionResult
01/05/2007NOTICE OF APPEAL
02/12/2007 Upon consideration of the notices of appeal in these matters, and it appearing that transcripts may be needed for appeal no. 07-CV-35, it is ORDERED, sua sponte, that appeals nos. 07-CV-35 and 07-CV-36 are consolidated for all purposes. It is ******************MORE******************
02/12/2007 FURTHER ORDERED that appellants/cross-appellees 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 purporses, appellants/cross-appellees must advise the Court Reporting Division to forward said transcript(s)for inclusion in the record on appeal. If partial transcripts are being being ordered, appellants must file a statement of issues to be presented 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 that appellants/cross-appellees failure to respond to any order of this court including this order, shall subject appeal no. 07-CV-35 to dismissal without further notice for lack of prosecution. See D.C. App. R. 13 (a). (GP) elp
03/27/2007MOTION FOR LEAVE TO FILE STATEMENT RE TRANSCRIPT aplt cross aple
03/27/2007RECEIVED - aplt cross aple statement regarding transcrips
03/28/2007RECORD INDEX (both) (elp)
03/28/2007SUPPLEMENTAL RECORD #1 (262-pgs/hunt 2/1-2/05 proc.)
03/28/2007SUPPLEMENTAL RECORD #2 (263-519-pgs/hunt 2/3/05 proc)
03/28/2007SUPPLEMENTAL RECORD #3 (242-pgs/armstrong 2/7/05 proc.)
03/28/2007SUPPLEMENTAL RECORD #4 (453-pgs/armstong 2/8/05 proc.)
03/28/2007SUPPLEMENTAL RECORD #5 (79-pgs/allison 2/14-15/05 proc.)
03/28/2007RECORD COMPLETED
03/30/2007 On consideration of appellants/cross-appellees motion for leave to file the lodged statement regarding transcript, to which no opposition has been filed, and it appearing that the complete record on appeal has been filed with this court, it is ORDERED that appellant's motion is granted and the lodged statement regarding transcript is filed. It is ***************MORE************
03/30/2007STATEMENT REGARDING TRANSCRIPT(S) (RT-NEEDED/RT-ORDERED for 2/1,2,3,7,8,14 & 15/05)
03/30/2007 FURTHER ORDERED that the briefs shall be filed as follows: Opening brief of appellants/cross-appellees and the appendix, within 40 days from the date of this order; Responsive brief of appellee/cross-appellant, within 30 days from the date of service of the opening brief of appellants/ cross-appellees; Reply brief of appellants/cross-appellees, within 21 days from the date of service of the responsive brief of appellee/cross- appellant; and Reply brief of appellee/cross-appellant, if any, within 21 days from the date of service of the reply brief of appellants/cross- appellees. (GP) elp
03/30/2007RECEIVED - aple's oppo to aplt's motion for leave to file statement regarding transcripts out of time (docketed 4/2/07) elp
04/04/2007APPELLEE'S MOTION FOR RECONSIDERATION - by the chief judge of the court's 3/30/07 order
04/09/2007 On further consideration of this court's order of March 30, 2007, which granted appellants/cross-appellees' motion to late file the statement regarding transcript, and directed briefing, and appellee/cross-appellant's lodged opposition and the request to dismiss appeal no. 07-CV-35, and appelleee/cross-appellant's motion for reconsideration, it is ORDERED that Clerk shall file the lodged opposition and request to dismiss appeal. It is *******MORE*****************
04/09/2007APPELLEE'S OPPOSITION and REQUEST TO DISMISS APPEAL
04/09/2007 FURTHER ORDERED that appellee/cross-appellant's request to dismiss appeal no. 07-CV-35 is denied. It is FURTHER ORDERED that appellee/cross-appellant's motion for reconsideration is denied. It is FURTHER ORDERED that the current briefing schedule remains in place. (ETW) elp
05/02/2007APLT-X-APLE MOTION TO EXTEND TIME TO FILE BRIEF no noo 30 days
05/04/2007 On consideration of appellants/cross-appellees' consent motion for an extension of time within which to file the brief and the appendix, it is ORDERED that the motion is granted and appellants/cross-appellees' brief and the appendix shall be filed on or before June 11, 2007. (GP) elp
06/11/2007RECEIVED - Aplt/cross-aple Brief (07CV35)
06/11/2007RECEIVED - aplt/cross aple's appendix (07CV35)
06/12/2007APLE-X-APLT MISCELLANEOUS PROCEDURAL MOTION for leave to file brief in excess of 50 pages (no oppo)
06/12/2007TMC - appellants/cross-appellee's motion for leave to file (LODGED) brief in excess pages
06/14/2007 ORDERED that the MOTION is GRANTED and the Clerk SHALL FILE the LODGED brief and appendix of appellants/cross-appeleles. It is FURTHER ORDERED that the brief of appellee/cross-appellant shall be filed within 30 days from the date of this order. The reply brief of appellant/cross-appellee shall be filed 21 days thereafter and the reply brief of appellee/ cross-appellant, if any, within 21 days thereafter. (RDGLTE)
06/14/2007APPELLANT/CROSS-APPELLEE'S BRIEF
06/14/2007APPENDIX
07/03/2007APPELLEE/CROSS-APPELLANT'S MOTION FOR AN EXTENSION OF TIME TO FILE A BRIEF IN EXCESS PAGES by: 7/30/07 LW
07/05/2007TMC - appelleeXappellant's motion for an extension to file a brief in EXCESS pages
07/10/2007SUPPLEMENTAL RECORD #6 (87-pgs/ranson jones 1/31/05 proc.)
07/13/2007 ORDERED that the MOTION is GRANTED TO THE EXTENT that appellee/cross-appellant Cerpe shall file here brief no later than 60 days from the date of this order and that the brief not exceed 60 pages in length. The reply brief of appellants/cross-appellees shall be filed within 21 days from the date of service of the responsive brief and the reply brief, if any, within 21 days from the date of service of the reply brief of appellant/cross-appellee. (RDGLPR)
08/30/2007APPELLEE/CROSS-APPELLANT'S BRIEF
09/27/2007RECEIVED - Appellants' Cross-Appellees Reply Brief(needs MOLV to file out of time - attorney notified)
09/28/2007NOTICE RECEIVED - aple cross aplt clarifying scope of cross appeal
10/02/2007NOTICE RECEIVED
10/02/2007NOTICE SENT - to attorney Leslie Deak for motion to late file brief filed on 9/27/07, motion was suppose to come in on the 9/28/07
10/03/2007APLT-X-APLE MTN TO EXTEND TIME TO FILE REPLY BRIEF (consent) elp ** 9/27/07 docket entry reply brief still pend **
10/12/2007 On consideration of appellants/cross-appellees' motion for an extension of time to file the reply brief on or before September 27, 2007, to which no opposition has been filed, and it appearing that appellants/cross-appellees' reply brief has not been filed, it is ORDERED that appellants/cross-appellees' motion is granted to the extent that the reply brief shall be filed within 15 days from the date of this order. (GP) elp
10/26/2007APPELLANT-CROSS-APPELLEE REPLY BRIEF
10/26/2007BRIEFS COMPLETED
10/29/2007APPELLEE-CROSS-APPELLANT REPLY BRIEF
10/29/2007APLE-X-APLT MISCELLANEOUS PROCEDURAL MOTION to supplement appendix
11/14/2007 On consideration of appellee/cross-appellant's motion to supplement appendix, to which no opposition has been filed and the lodged supplemental appendix, it is ORDERED that the motion is granted and appellee/cross-appellant's lodged supplemental appendix is filed. (GP) elp
11/14/2007APPELLEE/CROSS-APPELLANT'S SUPPLEMENTAL APPENDIX
12/07/2007FINAL SCREENING - REGULAR CALENDAR
01/31/2008 It appearing that this appeal is likely to be calendared for argument during the months of April 2008 thru June 2008, it is ORDERED that counsel shall advise this court in writing by February 19, 2008 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
07/25/2008CALENDAR NOTICE SENT
08/07/2008NOTICE RECEIVED- from aple cross aplt letting court know that Keira M. McNett will argue the case
09/02/2008APPEARANCE- of David B. Lamb on behalf of aplt cross aple
09/04/2008FiledACTION - Argued / Submitted
09/04/2008ARGUED Washington,Ruiz,Farrell. Leslie Deak Esq.,for Aplt-cross-Aple Fred A.Smith Management Company. David B.Lamb Esq.,for Aplt-cross-Aple Christopher Wallis. Keira M.McNett Esq.,for Aple-cross-Aplt Alexandra Cerpe.
10/09/2008VACATED IN PART/AFFIRMED IN PART/REMANDED IN PART Opinion (Washington, Ruiz, Farrell) and Judgment reversing the verdict for negligent hiring, training, and supervision, vacating the award of attorneys' fees, and remanding that issue for further consideration, and in all other respects affirming the Superior Court judgment.
10/22/2008NOTICE RECEIVED - from aple cross aple notice of filing motion for attorney's fees and costs in d.c. superior court
10/22/2008APPELLEE'S MOTION FOR COSTS & ATTORNEY FEES cross aplt
10/23/2008TMC - appeXapplt's motion for costs/fees
10/31/2008MANDATE ISSUED
11/18/2008APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to recall the mandate and for leave fo file petiton for rehearing en banc or, in the alternative for rehearing by the division
11/24/2008APPELLEE'S OPPOSITION to motion to recall the mandate and for leave to file Petition for Rehearing En Banc, or in the alternative for Rehearing by the Division
12/04/2008 ORDERED that Cerpe's MOTION FOR COSTS IS GRANGED to THE EXTENT that $332.81 is awarded in costs. (WHRZFA)
12/05/2008ORDER On consideration of the motion of aplts/x-aples to recall the mandate and for leave to file pet for reh/reh en banc, it is ORDERED that the motion to recall the mandate is denied. It is FURTHER ORDERED that the motion for leave to file petition is granted and the petition for rehearing or rehearing en banc shall be filed on or before December 18, 2008. (WH,RZ,FA)