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United States Court Cases

District Of Columbia Court Of Appeals Record

ROANE CONSTRUCTION CO. V. MARY G. DUNCAN

Case Information: 06-CV-1543
Short Caption:ROANE CONSTRUCTION CO. V. MARY G. DUNCANClassification:Appeals - Civil - Contracts
Lead:06-CV-1543Consolidated: 07-CV-0304
Superior Court or Agency Case Number:CAB8314-04Filed Date:12/18/2006

Opening Event Date:12/18/2006Case Status:Closed
Record Completed:02/22/2007Post-Decision Matter Pending:
Briefs Completed:04/20/2007
Argued/Submitted:01/31/2008
Disposition:Next Scheduled Action:
Mandate Issued:08/21/2008

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantRoane Contruction CompanyN
Louis C. Whitsett YN
AppelleeMary G. Duncan N
Thomas C. WilcoxYN

Events
Event DateStatusDescriptionResult
12/18/2006NOTICE OF APPEAL
01/19/2007 On consideration of the notice of appeal filed in this case on December 18, 2006, and it appearing that no transcript is needed for this appeal, it is ORDERED that a briefing order will be issued upon the filing in this court, by the Clerk of the Superior Court, of the record index in accordance with D.C. App. R. 11 (b)(3)(A). (GP) elp
02/22/2007RECORD INDEX
02/22/2007RECORD COMPLETED
02/23/2007 It appearing that the complete record on appeal has been filed with this court, 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 appellee's brief shall be filed within 30 days thereafter. See D.C. App. R. 31. (GP) elp
03/13/2007MISCELLANEOUS - certificate regarding service on aple of designation of parts of record to be placed in appendix aplt
03/21/2007APPELLANT'S BRIEF
03/21/2007APPENDIX- aplt
04/20/2007APPELLEE'S BRIEF
04/20/2007BRIEFS COMPLETED
04/30/2007 Upon consideration of the notices of appeal in these matters, and it appearing that briefing has been completed in appeal no. 06-CV-1534, and the statement regarding transcript filed in appeal no. 07-CV-304, and it further appearing that no transcript is needed for appeal no. 07-CV-304, it is ORDERED, sua sponte, that appeals nos. 06-CV-1534 and 07-CV-304 are consolidated for all purposes. It is FURTHER ORDERED that the Clerk of the Superior Court shall prepare and transmit the record index for appeal no. 07-CV-304 to this court forthwith. It is FURTHER ORDERED that, in appeal no. 07-CV-304, appellant's brief and the appendix shall be filed within 40 days from the date of this order, appellee's brief shall be filed within 30 days thereafter. See D.C. App. R. 30, 31. (ETW) elp
05/25/2007RECORD INDEX (07cv304)
06/05/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (07-CV-304) to (7/9/07) - (opposed) (elp)
06/12/2007APPELLEE'S OPPOSITION - to motion of aplt for extension of time to file reply (Roane Construction) 07cv304
06/21/2007 On consideration of appellant's motion for an extension of time to file the brief and the appendix in appeal no. 07-CV-304, and the opposition thereto, it is ORDERED that appellant's motion is granted and appellant's brief and the appendix shall be filed on or before July 9, 2007. (ETW) elp
06/26/2007APPELLANT'S AMENDED motion for an extension of time to file opening brief filed by: Attorney Thomas Wilcox
07/05/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF second to 7/16/07 filed by: Attorney Thomas C. Willcox
07/16/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until 7/17/07 (3rd request)
07/17/2007APPELLEE'S MOTION TO DISMISS/WITHDRAW APPEAL
07/17/2007RECEIVED - Appellant's Brief and Appendix
07/19/2007APPELLEE'S MOTION TO DISMISS/WITHDRAW APPEAL **********************AMENDED******* LW
07/23/2007RECEIVED - Aple's brief (Roane Construction)
07/24/2007AMICUS CURIAE MOTION FOR LEAVE TO FILE BRIEF AAPR & Legal Counsel for the Elerly 07cv304
07/24/2007RECEIVED - amici curiae brief
07/25/2007TMC - motion for leave to appear as amicus and file the (LODGED) brief in support of appellant in 07CV304 - Warner's motions for extensions of time to file the (LODGED) brief - Roane Construction's motion to dismiss - Roane Construction's (LODGED) brief
07/30/2007 ORDERED that appellant K. Warner's MOTIONS are GRANTED and the Clerk SHALL FILE the LODGED briefs and the appendix of appellant and appellee in appeal no. 07-CV-304. It is *****MORE*****
07/30/2007 FURTHER ORDERED that appellee Roane Construction Company's MOTIONS to DISMISS appeal no. 07-CV-304 are DENIED AS MOOT. It is *****MORE*****
07/30/2007 FURTHER ORDERED that the MOTION of AARP and Legal Counsel for the Elderly to enter their appearance as amicus curiae on behalf of appellant in appeal no. 07-CV-304 is GRANTED and the Clerk SHALL ENTER AARP and the Legal Counsel for the Elderly as amicus curiae and file their brief. It is *****MORE*****
07/30/2007 FURTHER ORDERED that if appelee Roane Construction Co. decides to file a response to the amicus brief it shall, within 20 days from the date of this order, file a supplemental brief, not to exceed ten pages, addressing only the issues raised in the brief of amicus curiae. It is *****MORE*****
07/30/2007 FURTHER ORDERED that THESE APPEALS shall be scheduled for cosideration before a merits division of this court as soon as the calendar permits. (KRTHNE)
07/30/2007APPELLANT'S BRIEF - WARNER
07/30/2007APPENDIX
07/30/2007APPELLEE'S BRIEF - ROANE CONSTRUCTION
07/30/2007AMICUS CURIAE'S BRIEF - ON BEHALF OF APPELLANT IN 07CV304
07/30/2007APPELLANT'S ANSWER/RESPONSE (Warner) to amended motion to dismiss.
08/06/2007APPELLEE'S REPLY BRIEF - to amicus brief (filed by Roan Construction)
08/10/2007FINAL SCREENING - REGULAR CALENDAR
08/15/2007APLT MOTION TO EXTEND TIME TO FILE REPLY BRIEF to 9/4/07
08/30/2007 On consideration of the motion for an extension of time within which to file the reply brief filed by appellant in appeal no. 07-CV-304, to which no opposition has been filed, it is ORDERED that the motion for extension of time to file the reply brief filed by appellant in 07-CV-304 is granted and appellant's reply brief in appeal no 07-CV-304 shall be filed on or before September 4, 2007. (GP) elp
09/04/2007APPELLANT'S REPLY BRIEF (Katherine Wagner) 07cv304
10/19/2007 It appearing that this appeal is likely to be calendared for argument during the months of January 2008 thru March 2008, it is ORDERED that counsel shall advise this court in writing by November 21, 2007 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
11/20/2007LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
11/30/2007CALENDAR NOTICE SENT
12/03/2007LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING aple
01/31/2008FiledACTION - Argued / Submitted
01/31/2008ARGUED before Judges Ruiz, Thompson, Belson Louis C. Whitsett, Esq. for Appellant Thomas C. Willcox, Esq. for Appellee
04/22/2008CERTIFICATE PER RULE 28
07/30/2008AFFIRMED MOJ (Ruiz, Thompson, Belson)
08/21/2008MANDATE ISSUED