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United States Court Cases

District Of Columbia Court Of Appeals Record

ALBERT KESSE V. OKIE DOKIE, INC.

Case Information: 08-CV-1632
Short Caption:ALBERT KESSE V. OKIE DOKIE, INC.Classification:Appeals - Civil - Other Civil
Superior Court or Agency Case Number:CAB6490-06Filed Date:12/18/2008

Opening Event Date:12/18/2008Case Status:Closed
Record Completed:11/10/2009Post-Decision Matter Pending:
Briefs Completed:06/28/2010
Argued/Submitted:11/19/2010
Disposition:Next Scheduled Action:
Mandate Issued:03/25/2011

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantAlbert Kesse N
Gregory L. LattimerYY
Appellee0kie Dokie Inc.N
James C. MehiganYN
Angela W. RussellNN

Events
Event DateStatusDescriptionResult
12/18/2008NOTICE OF APPEAL
01/07/2009 On consideration of the notice of appeal filed in this case and it appearing that this appeal meets the initial criteria for inclusion in the mandatory mediation program, See Administrative Order M229-07, it is ORDERED that appellant must within 20 days from the date of this order complete and file with this court a single copy of the statement regarding transcript(*). Motions for extensions of time to file this form must give specific reasons for a short extension and are not looked upon favorably. 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 those transcript(s) for inclusion in the record on appeal. If partial transcripts are being ordered, appellant must file a statement of issues to be presented with this court within 10 calendar days from the date of this order. See D.C. App. R. 10(b)(3)(A). It is F/ORDERED that counsel for all parties must, within 20 days from the date of this order, individually complete and file with this court two (2) copies of the screening statement(*). Motions for extensions of time to file this form must give specific reasons for a short extension and are not looked upon favorably. If after review of all information the case is selected for inclusion in the mandatory mediation program, counsel will be contacted by the Senior Judge assigned as mediator and must comply with all provisions of administrative order M229-07. If the case is not selected, the appeal will proceed without any delay. It is FURTHER ORDERED that failure of the parties to comply with this order may result in the imposition of sanctions. (*) available for completion online. (GP) elp
01/12/2009CIVIL APPEALS SCREENING STATEMENT aple
01/26/2009STATEMENT REGARDING TRANSCRIPT(S) (RT-NEEDED/RT-ORDERED for 8/8/08, 8/9/08, 8/10/08 & 8/11/08) (elp)
01/26/2009CIVIL APPEALS SCREENING STATEMENT aplt
02/03/2009CHANGE OF ADDRESS RECEIVED - for counsel for aple to following: 700 11th St, NW Suite 400, Washington, DC 20001 as of 2/2/09
02/09/2009NO MEDIATION
06/16/2009 On consideration of the notice of appeal and the statement regarding transcript filed with this court on January 26, 2009, and it appearing that there is no order for transcript pending with the Court Reporting Division of the Superior Court for this appeal, it is ORDERED that appellant shall advise this court within 10 calendar days from the date of this order as to the status of transcripts. Failure to comply shall subject this appeal to dismissal without further notice. See D.C. App. R. 13. (GP) elp
06/25/2009STATEMENT - RE: STATUS OF TRANSCRIPTS (RT-NEEDED/RT-ORDERED for 9/9,08, 9/10/08, & 9/11/08) *RT-ORDERED on 6/25/09) (elp)
10/29/2009 It appearing that appellant has been notified by the Court Reporting Division of the Superior Court that the transcript requested for this appeal have been prepared and are ready for transmittal to this court, it is ORDERED that appellant shall within 10 calendar days from the date of this order make the necessary arrangements to have the transcripts transmitted to this court. It is FURTHER ORDERED that appellant shall, within 10 calendar days from the date of this order, filea notice showing that appellant has paid for the transcript and attach a copy of the receipt to the notice. Failure to comply with this order shall subject this appeal to dismissal without further notice. See D.C. App. R. 13. (elp)
11/05/2009APPELLANT'S ANSWER/RESPONSE- pursuant to order 10/29/09
11/10/2009SUPPLEMENTAL RECORD#1 (242-pgs/van bremen 9/9/08 proc.) w/ cd
11/10/2009SUPPLEMENTAL RECORD#2 (122-pgs/wood 9/10/08 proc.)morning
11/10/2009SUPPLEMENTAL RECORD#3 (106-pgs/van bremen 9/10/08 proc.) afternoon
11/10/2009SUPPLEMENTAL RECORD#4 (135-pgs/ van bremen 9/11/08 proc.)
11/10/2009RECORD COMPLETED
11/17/2009 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
11/30/2009RECORD INDEX
12/28/2009APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 75 days.
01/19/2010 On consideration of appellant's motion for an extension of time within which to file the brief and the appendix, to which no opposition has been filed, it is ORDERED that the motion is granted and appellant's brief and the appendix shall be filed on or before March 15, 2010. (GP) elp
03/23/2010 On consideration of this court's order of January 19, 2010, granting appellant's motion for an extension of time to file the brief and the appendix on or before March 15, 2010, and it appearing that the brief and appendix have not been filed, it is ORDERED that appellant shall within 20 days from the date of this order, submit the brief and the appendix, accompanied by a motion for leave to file the documents out of time. The motion shall 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 appeal to dismissal without further notice. (GP) elp
03/23/2010APPELLEE'S MOTION TO DISMISS/WITHDRAW APPEAL
04/12/2010APPELLANT'S MOTION FOR LEAVE TO FILE BRIEF
04/12/2010RECEIVED - aplt's brief
04/12/2010RECEIVED - Joint appdx (Volume I-II)
05/06/2010 On consideration of appellee's motion to dismiss appeal, and appellant's motion for an extension of time, nunc pro tunc, to file the lodged brief and joint appendix, to which no opposition has been filed, it is ORDERED that appellee's motion to dismiss appeal is denied. It is (MORE)
05/06/2010 FURTHER ORDERED that appellant's motion for an extension of time is granted to the extent that the Clerk shall file the lodged brief and the joint appendix. It is (MORE)
05/06/2010APPELLANT'S BRIEF
05/06/2010JOINT APPENDIX - Volume I-II
05/06/2010 FURTHER ORDERED that the brief of appellee shall be filed with this court within 30 days from the date of this order. (ETW) elp
05/07/2010SUPPLEMENTAL RECORD#5 (100-pgs/van bremen 9/5/08 proc.)
05/07/2010SUPPLEMENTAL RECORD#6 (9-pgs/van bremen 9/12/08 proc.)w/cd
05/07/2010APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF and to file supplemental appendix no oppo 6/18/10
05/13/2010 On consideration of appellee's consent motion for an extension of time to file the brief and the supplemental appendix, it is ORDERED that the motion is granted and appellee's brief and the supplemental appendix shall be filed with this court on or before June 18, 2010. (GP) elp
06/17/2010APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF and supplemental appdx until June 25, 2010 (no oppo)
06/25/2010RECEIVED - aple's brief and supplemental appendix
06/28/2010 On consideration of appellee's second consent motion for an extension of time to file the brief and the supplemental appendix, and the lodged brief of appellee and the supplemental appendix, it is ORDERED that appellee's motion is granted and the lodged brief of appellee and the supplemental appendix are filed. It is (MORE)
06/28/2010APPELLEE'S BRIEF
06/28/2010APPENDIX
06/28/2010 FURTHER ORDERED that this appeal shall be scheduled for consideration before a merits division as soon as the calendar permits. (JAC) elp
06/28/2010BRIEFS COMPLETED
07/13/2010FINAL SCREENING - SUMMARY CALENDAR I
07/21/2010APLT MOTION TO EXTEND TIME TO FILE REPLY BRIEF until August 21, 2010 (no oppo) (*8/21/10 is a Sunday) (elp)
07/26/2010 On consideration of appellant's motion for an extension of time within which to file the reply brief, to which no opposition has been filed, it is ORDERED that appellant's motion is granted and appellant's reply brief shall be filed on or before August 23, 2010. (JAC) elp
08/24/2010APPELLANT'S MOTION FOR LEAVE TO FILE REPLY BRIEF (unopposed)
08/24/2010RECEIVED - Appellant's Reply Brief
08/26/2010 On consideration of appellant's consent motion for leave to late file the lodged reply brief nunc pro tunc, it is ORDERED that the motion is granted and the lodged reply brief is filed. (JAC) elp
08/26/2010APPELLANT'S REPLY BRIEF
09/30/2010CALENDAR NOTICE SENT
10/12/2010APPELLANT'S MOTION REQUESTING ORAL ARGUMENT
10/19/2010APPELLEE'S OPPOSITION- to aplt's motio for oral argument
10/21/2010ORDER DENYING APLT MOTION REQUESTING ORAL ARGUMENT and this matter shall be submitted for decision on November 19, 2010, without oral argumetn by either party, on the record and briefs alone. (JC)
11/19/2010FiledACTION - Argued / Submitted
11/19/2010SUBMITTED to Judges Ruiz, Kramer, Belson
03/01/2011AFFIRMED (MOJ) (Ruiz and Kramer, Associate Judges, and Belson, Senior Judge.)
03/25/2011MANDATE ISSUED