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United States Court Cases

District Of Columbia Court Of Appeals Record

RICHARD V. DRAKE V. DC DEPT OF EMPLOYMENT SVCS.

Case Information: 08-AA-0103
Short Caption:RICHARD V. DRAKE V. DC DEPT OF EMPLOYMENT SVCS.Classification:Agency - Administrative Agency - Worker's Compensation
Superior Court or Agency Case Number:CRB43-02Filed Date:02/19/2008

Opening Event Date:02/19/2008Case Status:Closed
Record Completed:04/02/2008Post-Decision Matter Pending:
Briefs Completed:09/17/2008
Argued/Submitted:05/08/2009
Disposition:Next Scheduled Action:
Mandate Issued:06/11/2009

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
Intervenor-RespondentPepcoN
Kevin J. O'ConnellYY
PetitionerRichard V. Drake N
Benjamin T. BoscoloYY
RespondentD.C. Department of Employment Services - Worker's Comp.N
Todd S. KimNY
David A. Hyden NN

Events
Event DateStatusDescriptionResult
02/19/2008PETITION FOR REVIEW
02/19/2008FILING FEE $100.00.
02/20/2008CERTIFIED COPY OF PETITION TO BOARD, Todd Kim, Esq. & Gregory Lamb, Esq.
04/02/2008RECORD ON APPEAL
04/02/2008RECORD COMPLETED
04/04/2008 It appearing that the complete record on appeal has been filed with this court, it is ORDERED 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. See D.C. App. R. 30, 31. (GP)
05/21/2008 On consideration of this court's order of April 4, 2008, directing petitioner to file the brief and the appendix within 40 days from the date of the order, and it appearing that the brief and the appendix have not been filed, it is ORDERED that petitioner's 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)
05/21/2008PETITIONER'S MOTION FOR LEAVE TO FILE BRIEF no oppo
05/21/2008RECEIVED - pet's brief (no appdx attached)
06/02/2008MOTION FOR LEAVE TO FILE APPENDIX (no oppo)
06/02/2008RECEIVED - appdx
06/06/2008 On consideration of petitioner's motions for for leave to file the lodged brief and appendix, to which no oppositions have been filed, it is ORDERED that petitioner's motions are granted and the lodged brief and appendix are filed. It is FURTHER ORDERED that respondent's brief shall be filed within 30 days from the date of this order. (GP)
06/06/2008PETITIONER'S BRIEF
06/06/2008APPENDIX
06/09/2008RECEIVED- intervenor's notice to intervene (motion for leave is needed) motion for extension of time to file brief sent back
06/24/2008MOTION FOR LEAVE TO INTERVENE no oppo
06/24/2008RECEIVED - notice of intention to intervene of PEPCO
06/24/2008RESPONDENT'S MOTION TO EXTEND TIME TO FILE BRIEF partial consent 15 days
07/10/2008ORDER GRANTING MOTION FOR LEAVE TO INTERVENE and the Clerk shall enter the appearance of Pepco as intervenor in this matter. It is F/O that intervenor's brief shall be filed within 30 days from the date of this order. It is (MORE)
07/10/2008 F/O that the District of Columbia's motion is granted and its brief shall be filed 15 days after intervenor's brief is filed with this court. (ETW)
08/19/2008 On consideration of this court's order of July 10, 2008, directing intervenor to file the brief within 30 days from the date of the order, and it appearing that the brief has not been filed, it is ORDERED that the brief of intervenor 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. (GP)
09/08/2008RECEIVED - intervenor's brief.
09/09/2008INTERVENOR'S MOTION FOR LEAVE TO FILE BRIEF (no oppo)
09/12/2008ORDER GRANT INTV MOTION TO EXT TIME TO FILE BRIEF and the lodged brief is filed. It is F/O that the brief of respondent shall be filed within 15 days from the date of this order. (dlm)
09/12/2008INTERVENOR'S BRIEF
09/17/2008MEMORANDUM/STATEMENT IN LIEU OF BRIEF (D.C.)
09/17/2008BRIEFS COMPLETED
10/03/2008FINAL SCREENING - REGULAR CALENDAR
12/12/2008 It appearing that this appeal is likely to be calendared for argument during the months of March 2009 thru May 2009, it is ORDERED that counsel shall advise this court in writing by January 12, 2009 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
04/01/2009CALENDAR NOTICE SENT
05/08/2009FiledACTION - Argued / Submitted
05/08/2009ARGUED before Judges Washington, Blackburne-Rigsby, Thompson. Benjamin T.Boscolo Esq.,for petitioner. Kevin J.O'Connell Esq.,for intervenor PEPCO.
05/18/2009AFFIRMED MOJ (Washington, Blackburne-Rigsby, Thompson).
06/11/2009MANDATE ISSUED