| Events |
| Event Date | Status | Description | Result |
| 11/30/2006 | | NOTICE OF APPEAL | |
| 01/03/2007 | | STATEMENT of aplt re status of transcript. (RT-NEEDED/RT-ORDERED for 8/21-8/25/06) (elp) | |
| 01/09/2007 | | On consideration of the notice of appeal filed in this case on November 30, 2006, and the statement regarding transcript, 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 and transcripts in accordance with D.C. App. R. 11 (b)(3)(A). (GP) elp | |
| 04/04/2007 | | APPELLEE'S MOTION TO DISMISS/WITHDRAW APPEAL (filed incorrectly in Sup. Court) ta | |
| 04/10/2007 | | APPELLANT'S ANSWER/RESPONSE - to aple's motion to dismiss | |
| 04/30/2007 | | RECORD INDEX | |
| 04/30/2007 | | RECORD COPIES | |
| 04/30/2007 | | SUPPLEMENTAL RECORD#1 (164-pgs/burns 8/21-22/06) proc.) | |
| 04/30/2007 | | SUPPLEMENTAL RECORD #2 (185-pgs/wood 8/24-25/06) | |
| 04/30/2007 | | RECORD COMPLETED | |
| 05/04/2007 | | On consideration of appellees' motion to dismiss appeal, to which no opposition has been filed, and it further appearing that the complete record on appeal has been filed it is ORDERED that appellees' motion to dismiss is denied. It is FURTHER 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 appellees' briefs shall be filed within 30 days thereafter. See D.C. App. R. 31. (ETW) elp | |
| 05/21/2007 | | APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF joint 45 days fron aplt's brief | |
| 05/24/2007 | | On consideration of the joint motion for an extension of time to file the briefs, it is ORDERED that the joint motion is granted and appellant's brief and the appendix shall be filed on or before July 13, 2007, and appellees' brief shall be filed within 45 days thereafter. (GP) elp | |
| 06/27/2007 | | STATEMENT- aplt of issues presented for review | |
| 07/13/2007 | | APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 45 days until completion of transcritps | |
| 07/20/2007 | | APPELLEE'S OPPOSITION - to aplt's motion to file brief and aple's motion to dismiss | |
| 07/26/2007 | | On consideration of appellant's motion for an enlargement of time to file the brief and the app endix, and the opposition thereto, and appellees' second motion to dismiss, it is ORDERED that appellant's motion for an enlargement of time is granted and appellant's brief and the appendix shall be filed on or before August 27, 2007. It is (MORE) | |
| 07/26/2007 | | FURTHER ORDERED that appellees' second motion to dismiss is denied. (ETW) elp | |
| 08/24/2007 | | APPELLANT'S BRIEF | |
| 08/24/2007 | | APPENDIX | |
| 09/21/2007 | | APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to 10/10/07 no oppo | |
| 09/25/2007 | | On consideration of appellees' consent motion for an extension of time within which to file the brief, it is ORDERED that the motion is granted and appellees' brief shall be filed on or before October 10, 2007. (GP) elp | |
| 10/03/2007 | | APPELLEE'S MISCELLANEOUS PROCEDURAL MOTION to supplement appendix and for extension of time no oppo | |
| 10/04/2007 | | On consideration of appellees' consent motion to supplement the appendix, and for an extension of time, it is ORDERED that the motion is granted and appellees' brief and supplemental appendix shall be filed on or before November 13, 2007. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (GP) elp | |
| 11/13/2007 | | APPELLEE'S BRIEF | |
| 11/13/2007 | | APPENDIX (attached to brief) (aple's supplemental) | |
| 11/13/2007 | | BRIEFS COMPLETED | |
| 12/03/2007 | | APLT MOTION TO EXTEND TIME TO FILE REPLY BRIEF (unopposed) for 60 days | |
| 12/05/2007 | | On consideration of appellant's consent motion for an extension of time within which to file the reply brief, it is ORDERED that appellant's motion is granted and appellant's reply brief shall be filed on or before February 4, 2008. (GP) elp | |
| 12/10/2007 | | FINAL SCREENING - REGULAR CALENDAR | |
| 02/01/2008 | | APPELLANT'S REPLY BRIEF | |
| 04/02/2008 | | SUPPLEMENTAL RECORD #3 (32-pgs/sargent-burns 8/22/06 proc.) | |
| 07/11/2008 | | It appearing that this appeal is likely to be calendared for argument during the months of October 2008 thru December 2008, it is ORDERED that counsel shall advise this court in writing by August 18, 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 | |
| 07/25/2008 | | CALENDAR NOTICE SENT | |
| 08/13/2008 | | APPELLEE'S MOTION TO POSTPONE/CONTINUE ARGUMENT | |
| 08/19/2008 | | On consideration of appellees' consent motion to re-schedule oral argument, and it appearing that this matter is scheduled on the Regular Calendar of September 23, 2008, it is ORDERED on behalf of the merits division asigned to consider this matter that the motion is granted and this matter is removed from the regular calendar of September 23, 2008, and re-scheduled for argument as a special sitting on the regular calendar on September 29, 2008, at 2:00 p.m. The parties are to be present in the District of Columbia Court of Appeals courtroom, located on the sixth floor, at 1:50 p.m. on that date. (GP) | |
| 08/21/2008 | | ORDER - It appearing that appellees' consent motion to re-schedule oral argument was granted, and that th eargumetn was re-schedule for September 29, 2008, and it further appearing that a scheduling conflict has arisen which prevents the argument from taking place on September 29, 2008, it is ORDERED, sua sponte, that this matter is removed from the Regular Calendar of September 29, 2008. The Clerk is directed to re-schedule this matter for argument as a special sitting as soon as the calendar permits. (ETW) | |
| 08/29/2008 | | CALENDAR NOTICE SENT | |
| 10/29/2008 | Filed | ACTION - Argued / Submitted | |
| 10/29/2008 | | ARGUED before Judges Washington, Newman, Farrell Holly Johnson, Esq. for Appellant Kenneth M. Berman, Esq. for Appellee | |
| 07/02/2009 | | REVERSED AND REMANDED Opinion (Washington, Newman, Farrell) and Judgment reversing the trial court's judgment and remanding the case for entry of judgment as a matter of law in favor of appellant. | |
| 07/06/2009 | | CERTIFICATE PER RULE 28 aple | |
| 07/16/2009 | | APLE'S PETITION FOR REHEARING/REHEARING EN BANC | |
| 08/21/2009 | | ORDER that appellant, within 14 days from the date of this order, shall file a response to pet for reh/reh en banc (10 copies). (WH) | |
| 09/03/2009 | | APLT MOTION TO EXTEND TIME TO FILE ANSWER/RESPONSEno oppo 30 days | |
| 09/08/2009 | | ORD GRT APLT MO TO EXT TM TO FILE ANSWER/RESPONSE to pet for reh/reh en banc on or before October 5, 2009. (WH) | |
| 10/05/2009 | | APPELLANT'S ANSWER/RESPONSE to Appellee's Petition for Rehearing En Banc. | |
| 12/21/2009 | | ORDER DENY APPELLEES' PETITION FOR REH/REH EN BANC (WHRZGLKRFIBRTHOSNWFA) (Judge Reid is recused from this case.) | |
| 12/30/2009 | | MANDATE ISSUED | |