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United States Court Cases

District Of Columbia Court Of Appeals Record

TALLEY R. HOLMES, JR. V. D.C. DEPARTMENT OF PUBLIC WORKS

Case Information: 07-AA-0027
Short Caption:TALLEY R. HOLMES, JR. V. D.C. DEPARTMENT OF PUBLIC WORKSClassification:Agency - Administrative Agency - OAH - Public Works
Lead: 05-AA-0645 Consolidated: 05-AA-1018 , 06-AA-0139 , 07-AA-0027
Superior Court or Agency Case Number:PWVK118775-06Filed Date:01/29/2007

Opening Event Date:01/29/2007Case Status:Closed
Record Completed:09/17/2007Post-Decision Matter Pending:
Briefs Completed:
Argued/Submitted:
Disposition:Next Scheduled Action:
Mandate Issued:04/14/2008

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
PetitionerTalley R. Holmes, Jr.N
Joseph L. GibsonNN
RespondentD.C. Department of Public WorksN
Todd S. KimNY

Events
Event DateStatusDescriptionResult
01/29/2007PETITION FOR REVIEW
01/29/2007FILING FEE of $100.00.
01/29/2007CERTIFIED COPY OF PETITION TO BOARD, OAH and Todd Kim, Esquire
02/06/2007PETITIONER'S MOTION TO CONSOLIDATE with 05-AA-645 and 05-AA-1018
02/12/2007 Upon consideration of petitioner's consent motion to consolidate petition for review no. 07-AA-27 with previously consolidated petitions for review nos. 05-AA-645 and 05-AA-1018, it is ORDERED that petitioner's motion is granted and petition for review no. 07-AA-27 is hereby consolidated with previously consolidated petitions for review nos. 05-AA-645 and 05-AA-1018 for all purposes herein. It is F/O that, in petitions for review nos. 05-AA-1018, and 07-AA-27, the OAH shall file the administrative records within 60 days from the date of this order. See D.C. App. R. 17. If a hearing was held, the record should include either a certified copy of the transcript of any testimony before the agency or a certified narrative statement of relevant proceedings and evidence in accordance wtih D.C. App. R. 16(a)(4). It is F/O that a consolidated briefing order shall be issued upon the completion of the records in nos. 05-AA-1018 and 07-AA-27. (GP)
09/17/2007RECORD ON APPEAL 05aa645
09/17/2007SUPPLEMENTAL RECORD#1 (1/4/05 hearing) (for 05AA645)
09/17/2007RECORD ON APPEAL 05AA1018
09/17/2007SUPPLEMENTAL RECORD #2 (8/10/05 hearing) (for 05AA1018)
09/17/2007RECORD ON APPEAL 07aa27
09/17/2007SUPPLEMENTAL RECORD#3 (12/6/06 hearing) (for 07AA27)
09/17/2007RECORD COMPLETED
09/21/2007ORDER, SUA SPONTE, CONSOLIDATING APPEALS petition for review no. 06-AA-139 is hereby consolidated with previously consolidated petitions for review nos. 05-AA-645, 05-AA-1018 and 07-AA-27 for all purposes herein. It is F/O that petitioners' consolidated 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. See D.C. App.r. 30, 31. (GP)
10/31/2007PETITIONER'S MOTION TO EXTEND TIME TO FILE BRIEF (unopposed)dwm for 30 days E.G. Holmes & Talley R. Holes) and joint appendix
11/02/2007 On consideration of petitioners' 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 petitioners' brief and the appendix shall be filed on or before November 30, 2007. (GP)
11/30/2007PETITIONER'S MOTION TO EXTEND TIME TO FILE BRIEF to 28 days. no oppo
12/06/2007 On consideration of petitioners' motion for an extension of time within which to file the brief, to which no opposition has been filed, it is ORDERED that petitioners' motion is granted and the brief and appendix of petitioners shall be filed on or before December 28, 2007. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (GP)
01/08/2008 On consideration of this court's order of December 6, 2007, granting petitioners' motion for an extension of time to file the brief and appendix on or before December 28, 2007, and it appearing that petitioner has failed to comply with the order, it is ORDERED that petitioners' brief and appendix shall be submitted within 20 days from the date of this order, 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 this petition for review to dismissal without further notice. See D.C. App. R. 13. (GP)
01/28/2008PETITIONER'S MOTION FOR LEAVE TO FILE BRIEF (in the consolidated cases)
01/28/2008RECEIVED - Petitioner's Consolidated Brief and Appendix
02/05/2008 On consideration of petitioner's motion for for leave to file the lodged consolidated brief and appendix, to which no opposition has been filed, it is ORDERED that petitioner's motion is granted and the lodged consolidated brief and appendix are filed. It is FURTHER ORDERED that respondent's brief shall be filed on or before March 3, 2008. (GP)
02/05/2008PETITIONER'S BRIEF (Consolidated)
02/05/2008APPENDIX (Consolidated)
03/03/2008RESPONDENT'S MOTION FOR SUMMARY AFFIRMANCE
03/04/2008TMC - motion for summary affirmance - opposition - petitioner's brief
03/17/2008PETITIONER'S OPPOSITION to Respondent's Motion for Summary Affirmance (both)
03/20/2008 ORDERED that RESPONDENT'S MOTION FOR SUMMARY AFFIRMANCE IS GRANTED. See Horton v. California 496 US 128, 133n.5 (1990);... It is *****MORE*****
03/20/2008 FURTHER ORDERED and ADJUDGED that the orders on appeal be, and HEREBY ARE AFFIRMED. (BRTHPR)
04/14/2008MANDATE ISSUED