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United States Court Cases

District Of Columbia Court Of Appeals Record

MODERN MANAGEMENT CO. V. MARIA-THERESA WILSON

Case Information: 08-CV-0018
Short Caption:MODERN MANAGEMENT CO. V. MARIA-THERESA WILSONClassification:Appeals - Civil - Other Civil
Lead:08-CV-0018Consolidated: 08-CV-0085 , 08-CV-0187
Superior Court or Agency Case Number:CAB7270-04Filed Date:01/11/2008

Opening Event Date:01/11/2008Case Status:Closed
Record Completed:09/05/2008Post-Decision Matter Pending:
Briefs Completed:12/30/2008
Argued/Submitted:09/24/2009
Disposition:Next Scheduled Action:
Mandate Issued:10/20/2011

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantModern Management CompanyN
Lucy R. Edwards NN
Lydia AuzouxYN
David H. CoxYY
AppelleeMaria-theresa Wilson N
Sten A. Jensen NN
Jessica Ellsworth YN
Dana Carver Boehm NN

Events
Event DateStatusDescriptionResult
01/11/2008NOTICE OF APPEAL
01/14/2008APPELLANT'S MOTION FOR STAY (EMERGENCY) of recordation and execution on judgment and to vacate recordation and collection efforts nunc pro tunc and for expedited ruling pending appeal
01/15/2008TMC - appellant's EMERGENCY motion for stay
01/16/2008MISCELLANEOUS filing from appellant submitting consent forms to service of the emergency motion for stay
01/17/2008MISCELLANEOUS filing by appellant - copy of a second Writ of Fieri Facias for attachment to Exhbit #3 of Appellant's Motion for Stay
01/24/2008MISCELLANEOUS - from aplt third copy of writ of Fieri Facias
01/29/2008ORDER DENYING APPELLANT MOTION FOR STAY. See Barry v. Washington Post Co., 529 A.2d 319, 321 (D.C. 1987). It is *****MORE*****
01/29/2008 F/ORDERED that appellant shall, within 10 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 purposes, appellant must advise the Court Reporting Division to forward said transcript(s) for inclusion in the record on appeal. If partial transcripts are being ordered, appellant must file a statement of issues to be raised on appeal 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 appellant's failure to respond to any order of this court, including this order, shall subject this appeal to dismissal without further notice for lack of prosecution. See D.C. App. R. 13(a). (RZKRPR)
02/12/2008RECEIVED - Appellant's Statement Regarding Transcript (needs a motion for leave to file out of time - attorney's office contacted and a message was left to file the motion)
02/14/2008NOTICE SENT - to aplt's attorney re: motion for leave for statement regarding transcripts
02/14/2008MOTION FOR LEAVE TO FILE STATEMENT RE TRANSCRIPT
02/28/2008 On consideration of appellant's motion for leave to file the lodged statement regarding transcript, to which no opposition has been filed, it is ORDERED that appellant's motion is granted and the lodged statement regarding transcript is filed. (GP) elp
02/28/2008STATEMENT REGARDING TRANSCRIPT(S) - (08-CV-18) (RT-NEEDED/RT-ORDERED for 3/2/07 & 3/23/07)
03/10/2008 ORDERED, SS, that appeal no. 08-CV-85 is HEREBY CONSOLIDATED with appeal no. 08-CV-18 for all purposes. It is *****MORE*****
03/10/2008 FURTHER ORDERED that the MOTION TO EXCEED and FOR LEAVE TO FILE ARE GRANTED and the Clerk WILL FILE the LODGED MOTION FOR STAY and OPPOSITION THERETO. However, counsel are cautioned to be minful of the need to file such motions in the future and of their obligation to carefully consider whether such excessive filings are actually necessary. In any event, this court will review such requests with extreme disfavor. It is *****MORE*****
03/10/2008APPELLANT'S MOTION FOR STAY
03/10/2008APPELLEE'S OPPOSITION to motion for stay
03/10/2008 FURTHER ORDERED that appellant's MOTION FOR STAY IS GRANTED CONTINGENT upon the appellant posting bond in an amount to be set by the Superior Court after it has reconsidered its previous bond in light of the relevant authorities. In addition, in setting the bond amount, the trial court should reconsider and set a bond amount for each defendant. See, e.g., Scott v. Crestar Fin. Corp., 928 A.2d 680, 688 (D.C. 2007); Daka Inc. v. McRae, 839 A.2d 682, 698 (D.C. 2003); Daka Inc. v. Breiner, 711 A.2d 86, 100 (D.C. 1998)... It is *****MORE*****
03/10/2008 FURTHER ORDERED that appellant in appeal no. 08-CV-85 shall within 10 days from the date of his order, complete and file with this court a single copy of the attached SRT. Where transcript(s) necessary for this appeal have been ordered and completed for non-appeal purposes, appellant must advise the Court Reporting Division to forward said transcript(s) for inclusion in the record on appeal. If partial transcripts are being ordered, appellant must file a statement of issues to be raised on appeal 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 the Clerk of the Superior Clurt will prepare and transmit the record index and record copies to this court, including all ordered transcript, for appeal no. 08-CV-85 . See D.C. App. R. 11 (b)(3). It is FURTHER ORDERED that appellant's failure to respond to any order of this court, including this order, shall subject this appeal to dismissal without further notice for lack of prosecution. See D.C. App. R. 13 (a). (BRTHPR)
03/20/2008STATEMENT REGARDING TRANSCRIPT(S) (08CV85) (RT-NEEDED/RT-ORDERED for 3/2/07, 3/12-3/20/07 & 3/27/07, 7/13/07 & 8/31/07) (elp)
03/25/2008 Upon consideration of the notices of appeal in these matters, and it appearing that no new transcript is needed for appeal no. 08-CV-187, it is ORDERED, sua sponte, that appeal no. 08-CV-187 is consolidated with previously consolidated appeal nos. 08-CV-18 and 08-CV-85 for all purposes. It is FURTHER ORDERED that a consolidated 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
04/19/2008RECORD INDEX both cases
04/29/2008SUPPLEMENTAL RECORD #1 (98-pgs/tape 3/2/07 proc.)
04/29/2008SUPPLEMENTAL RECORD #2 (139-pgs/shelton 3/12/07 proc.)
04/29/2008SUPPLEMENTAL RECORD #3 (175-pgs/shelton 3/13/07 proc.)
04/29/2008SUPPLEMENTAL RECORD#4 (371-pgs/davis 3/14-15/07 proc.)
04/29/2008SUPPLEMENTAL RECORD #5 (372-390-pgs/davis 3/16/07 proc.)
04/29/2008SUPPLEMENTAL RECORD #6 (158-pgs/wood 3/19/07 proc.)
04/29/2008SUPPLEMENTAL RECORD #7 (29-pgs/allison 3/20/07 proc.)
04/29/2008SUPPLEMENTAL RECORD#8 (54-pgs/wood 3/20/07 proc.)
04/29/2008SUPPLEMENTAL RECORD#9(15-pgs/hawkins 3/27/07 proc.)
04/29/2008SUPPLEMENTAL RECORD#10 (14-pgs/shelton 7/13/07 proc.)
04/29/2008SUPPLEMENTAL RECORD#11 (65-pgs/wood 8/31/07 proc.)
09/05/2008SUPPLEMENTAL RECORD #12 (8 pgs. -- Johnson) (3/23/07 proc.)
09/05/2008RECORD COMPLETED
09/08/2008 It appearing that the complete record on appeal has been filed with this court, it is ORDERED that appellants' briefs 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's shall be filed within 30 days thereafter. See D.C. App. R. 31. (GP) elp
10/14/2008APPEARANCE of Jessica L. Ellsworth as pro bono counsel for Appellee.
10/20/2008APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 20 days from the date of entry of a decision onthis motion (unopposed) (Modern Management Co.)*(PARTIAL CONSENT) (elp)
10/20/2008APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (Baltimore) and appendix 20 days
10/20/2008APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (Abell & Wilson - Joint)dwm no oppo 20 days * (partial consent) (elp)
11/10/2008 Upon consideration of appellant Modern Management's consent motion for an enlargement of time to file the brief and the appendix, appellant Vincent L. Abell and appellee Maria-Theresa Wilson's joint motion for an enlargement of time to file the brief, and appellant Calvin Baltimore's motion for an enlargement of time to file the brief, it is (MORE)
11/10/2008 ORDERED that the motions are granted to the extent that appellants' briefs and the joint appendix shall be filed on or before December 1, 2008, and the consolidated brief of appellee shall be filed within 30 days thereafter. (GP) elp
11/10/2008APPELLANT'S BRIEF (Modern & Abell)
11/10/2008APPENDIX - aplt's vol. I -IV
11/10/2008APPEARANCE - of Lydia Auzoux & David Cox on behalf of Modern Management and Abell)
12/01/2008NOTICE RECEIVED from Appellant's Counsel Lucy Edwards that she joins and concurs in brief submitted by co-counsel on behalf on Modern Management and will submit a Supplemental Joint Appendix and brief under separate cover (08-CV-18)
12/01/2008APPELLANT'S SUPPLEMENTAL BRIEF/MEMORANDUM (Modern Management)
12/01/2008APPENDIX - Supplemental (Modern Management Co.)
12/05/2008NOTICE RECEIVED- from aplt (Baltimore) advising court that he will be joining in with Modern Management & Abell)
12/30/2008APPELLEE'S BRIEF
12/30/2008BRIEFS COMPLETED
01/27/2009APPELLANT'S REPLY BRIEF
02/01/2009FINAL SCREENING - REGULAR CALENDAR
06/29/2009 It appearing that this appeal is likely to be calendared for argument during the months of September 2009 through November 2009, it is ORDERED that counsel shall advise this court in writing by July 17, 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
07/15/2009LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING aple
07/17/2009LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING aplt
08/04/2009CALENDAR NOTICE SENT
09/23/2009LETTER - from counsel David Cox who will argue this case for Modern Management Co. and Vincent Abell
09/24/2009FiledACTION - Argued / Submitted
09/24/2009ARGUED before Judges Blackburne-Rigsby,Thompson, Schwelb David H. Cox, Esq. for Appellant Jessica Ellsworth, Esq. for Appellee
06/03/2010FiledAFFIRMED IN PART/REMANDED IN PART Opinion (Blackburne-Rigsby, Thompson, Schwelb) and Judgment affirming the trial court's judgment on all issues, but remanding the cases for the trial court to reduce the treble compensatory damages by the setoff amount to $140,000.
06/17/2010APLT MO TO EXTEND TIME TO FILE PET FOR REH/REH EB to June 24, 2010 (no oppo).
06/18/2010APLT MO TO EXTEND TIME TO FILE PET FOR REH/REH EB (SUPPLEMENT)
06/22/2010ORD GRT APLT MO TO EXT TM TO FL PET FOR REH/REH EB on or before June 24, 2010. (WH) (for Abell and Modern Mgmt Co.)
06/24/2010APLT'S PETITION FOR REHEARING/REHEARING EN BANC (Modern Management Company).
07/14/2010ORDER that appellee, within 14 days from the date of this order, shall file a response (10 copies) to pet for reh/reh en banc. (WH)
07/28/2010APPELLEE'S ANSWER/RESPONSE - to petition for rehearing and suggestion of rehearing en banc
10/21/2010ORD DENY APPELLANT'S PETITION FOR REH/REH EN BANC (WHRZRDGLKRFIBRTHOBSC) (of Modern Mgmt Co. and Vincent Abell)
10/28/2010APPELLANT'S MOTION FOR STAY the mandate pending filing pet for writ of cert. (Abell)
11/09/2010APPELLEE'S OPPOSITION to aplt's motion to stay the mandate.
11/22/2010APPELLANT'S MOTION FOR LEAVE TO FILE A REPLY to Opposition to Motion to Stay the Mandate (filed by Abell pro se)
11/22/2010RECEIVED - Appellant's Reply to Opposition to Motion to Stay the Mandate (filed by Abell pro se)
12/02/2010ORDER GRANTING APPELLANT MOTION FOR STAY (Thompson, Blackburne-Rigsby, Schwelb) and the clerk is directed to stay issuance of the mandate through January 26, 2011. Appellant Abell is directed to advise this court in writing upon the filing of his petition in the Supreme court of the United States. D.C.App.R. 41(d)(2)(B).
01/26/2011APPELLANT'S ANSWER/RESPONSE to this Court's Order dated December 2, 2010 regarding the filing of Pet for Writ of Certiorari
02/07/2011LETTER - from aple re: case on appeal
02/22/2011LETTER from Appellant Abell re: the filing of Petition for Writ of Certiorari and staying the Mandate (w/attachments)
03/16/2011ORDER ORDERED that the stay of the judgment granted by this court on March 10, 2008, is hereby vacated to the extent that the order stayed the enforcement of compensatory damages against Vincent Abell.The stay of the punitive damage award against Vincent Abell remains on the condition that Vincent Abell posts the bond established by the Superior Court. (BR, TH, SC)
03/23/2011APPELLANT'S MOTION FOR STAY to Stay the issuance of the Mandate pending the filing of a motion for reconsideration of order entered March 16, 2011 (by Abell)
03/31/2011APPELLANT'S MOTION FOR RECONSIDERATION (Vincent Abell).
04/06/2011On consideration of appellant Vincent L. Abell's motion to stay the issuance of the mandate pending the filing of a motion for reconsideration of order entered on March 16, 2011, it is ORDERED that the motion is denied. (B-R,TH,SC)
04/12/2011APPELLEE'S ANSWER/RESPONSE- in oppo to aplt's motion for reconsideration of the order entered on 3/16/11
04/20/2011APLT MOTION TO EXTEND TIME TO FILE ANSWER/RESPONSE to Appellee's Opposition to motion for reconsideration (Vincent Abell)
04/28/2011APPELLANT'S REPLY- to response in soppo to aplt's Abell's motion for reconsideration of the order 3/16/11
05/17/2011On consideration of appellant Vincent L. Abell's motion for reconsideration of the order entered on March 16, 2011, appellee's response in opposition thereto, appellant Abell's motion to enlarge time to file a reply to appellee's opposition to appellant's motion of reconsideration of the order entered on March 16, 2011, appellant's lodged reply to appellee's opposition, it is ORDERED that appellant Abell's motion to enlarge time to file the lodged reply to appellee's opposition is granted and the reply is filed. It is FURTHER ORDERED that the motion for reconsideration is denied as moot. (B-R,TH,SC)
06/09/2011NOTICE OF FILING A PETITION FOR WRIT OF CERTIORARI
10/12/2011FiledNotice Of Denial Of Pet. For Writ Of Certiorari (Appellant)
10/17/2011FiledLetter From - aple requesting the Court to issue a mandate in this appeal (Appellee)
10/20/2011FiledMandate
11/07/2011LodgedLetter From (Appellant) re aple's ex parte communication with the Court.
11/29/2011FiledMotion To Recall The Mandate (Abell) (Appellant)
12/01/2011FiledTMC/MOTIONS TO RECALL MANDATE//OPPO (08CV85)
12/09/2011FiledOpposition to Motion to Recall the Mandate. (Appellee)
12/16/2011FiledLetter From - Supreme Cour of US denying petition for rehearing (Appellant)
12/30/2011FiledMotion To Recall The Mandate (Appellant)Denied
02/16/2012FiledORDER DENYING MOTION TO RECALL MANDATE