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United States Court Cases

District Of Columbia Court Of Appeals Record

SHERRY ALLEN V. DISTRICT OF COLUMBIA

Case Information: 10-CV-1425
Short Caption:SHERRY ALLEN V. DISTRICT OF COLUMBIAClassification:Appeals - Civil - Other Civil
Superior Court or Agency Case Number:CAM7229-08Filed Date:11/11/2010

Opening Event Date:11/11/2010Case Status:Decided/Dismissed
Record Completed:03/16/2011Post-Decision Matter Pending:
Briefs Completed:04/08/2016
Argued/Submitted:05/23/2012
Disposition:Next Scheduled Action:
Mandate Issued:05/03/2018

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
Amicus CuriaeThe Trial Lawyers Associtin of Metropolitan Washington, D.C.N
Marc I. FiedlerNY
Matthew TievskyNY
Amicus-AppelleeCouncil of the District of ColumbiaN
Ellen A. EfrosNY
John HoellenNN
Daniel P. GoldenNY
AppellantSherry Allen N
David E. HaynesYY
Stephen D. AnnandYN
AppelleeDistrict of ColumbiaN
Todd S. KimNY
Ronald Gill NN
Carl J. SchifferleYY

Events
Event DateStatusDescriptionResult
11/11/2010NOTICE OF APPEAL
11/30/2010STATEMENT - from the aplt notifying the Court that no transcript will be ordered for this appeal case
12/02/2010 On consideration of the notice of appeal filed in this case on November 11, 2010, and the statement regarding transcript, 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). (JAC) elp
12/10/2010RECORD INDEX *(docketed by P.O. 3/16/11) (elp)
03/16/2011RECORD COMPLETED
03/17/2011 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 appellees' briefs shall be filed within 30 days thereafter. See D.C. App. R. 31. (JAC) elp
04/13/2011APPELLEE'S MOTION TO DISMISS/WITHDRAW APPEAL D.C.
04/18/2011TMC - appellee's motion to dismiss - appellant's motionS to stay briefing
04/21/2011APPELLANT'S MOTION FOR STAY- OR EXTENSION OF BRIEFING schedule pending consideration of D.C.'s motion to dismiss no oppo LW
04/25/2011APPELLANT'S ANSWER/RESPONSE- to d.c.'s motion to dismiss appeal LW
05/17/2011APPELLANT'S MOTION FOR STAY-or extension of time to file brief pending consideration of motion to dismiss (second)
06/20/2011 ORDERED that D.C.'s MOTION TO DISMISS IS DENIED. When the trial court determined that D.C. was not liable, D.C. indemnification and contribution cross-claims were also resolved... It is FURTHER ORDERED that APPELLANT'S MOTIONS TO STAY BRIEFING ARE DENIED AS MOOT. It is FURTHER ORDERED that APPELLANT'S BRIEF and APPENDIX...W/N 40 DAYS and appellee's brief shall be filed W/N 30 DAYS THEREAFTER. (BRNBKG)
07/29/2011FiledBrief (Appellant)
07/29/2011FiledJoint Appendix (Appellant)
08/29/2011FiledMotion For Extension Of Time to File Brief (Appellee)Granted
08/31/2011FiledGRANT - Order Granting Motion For Extension Of Time to File Brief (Appellee)
09/30/2011FiledMotion For Extension Of Time to File Brief (Appellee)Granted
10/13/2011FiledOpposition to aple's second motion for ext of time to file brief (Appellant)
10/21/2011FiledGRANT - Order Granting Motion For Extension Of Time to File Brief (Appellee)
12/02/2011FiledBrief (Appellee)
12/02/2011FiledBriefing Completed
12/23/2011FiledReply Brief (Appellant)
01/31/2012FiledACTION - Ready for Calendaring
02/08/2012FiledLetter To Counsel/Party Re Future Calendaring
03/29/2012FiledACTION - Calendar notice sent
05/23/2012FiledArgued before Judges Thompson, Easterly, Nebeker Stephen D. Annand, Esq. for appellant Carl J. Schifferle, Esq. for appellee
09/14/2012FiledOrdered that the parties are to file simultaneous supplemental briefs on the question set out above within 30 days from the date of this order.
09/21/2012FiledMotion For Extension Of Time to File Supplemental Brief (Appellee)Granted
10/02/2012FiledOrder Granting aple's motion for extension to file Supp briefs.
10/03/2012FiledMotion For Extension Of Time to File supplemental brief Other (Appellee)Granted
10/10/2012FiledOrder Granting aple's second motion for an extension.
11/28/2012FiledSupplemental Brief (Appellant)
11/28/2012FiledSupplemental Brief (Appellee)
04/01/2013FiledRule 28(k) Citation Of Supplemental Authority (Appellee)
04/18/2013FiledAnswer/Response to appellee's Rcert filed 4/1/13 (Appellant)
09/12/2013FiledOrder Sua Sponte Staying Appeal
09/25/2014FiledAffirmed (OPINION) (Thompson and Easterly, Associate Judges; and Nebeker, Senior Judge)
10/03/2014FiledMotion For Extension Of Time to File Petition for rehearing/rehearing en banc (Appellant)
10/08/2014FiledGRANT - Order Granting appellant's motion for an extension of time within which to file a petition for rehearing or rehearing en banc to November 10, 2014.
11/10/2014FiledPetition For Rehearing/Rehearing En Banc (Appellant)Granted
11/20/2014FiledOrdered that appellee, within 14 days from the date of this order, shall file a response (ten copies) thereto.
12/01/2014FiledMotion For Extension Of Time to File to respond to the petition for rehearing or rehearing en banc Opposition/Reply/Answer (Appellee)Granted
12/05/2014FiledGRANT - Order Granting appellee's motion for an extension of time within which to file a response to appellant's petition for rehearing or rehearing en banc to January 20, 2015.
01/16/2015FiledMotion For Extension Of Time to File Opposition/Reply/Answer (Appellee)
01/20/2015FiledGRANT - Order Granting appellee's motion for an extension of time within which to file a response to the petition for rehearing or rehearing en banc to March 6, 2015.
03/06/2015FiledOpposition to Petition for Rehearing en Banc (Appellee)
06/15/2015FiledOrder Granting appellant's petition for rehearing en banc in appeal no. 10-CV-1425.
07/15/2015FiledMotion to clarify and modify the briefing schedule (Appellee)Granted
08/21/2015FiledGRANT - Order Granting the joint motion and appellants shall file their briefs on or before September 25, 2015, appellees shall file their briefs on or before November 10, 2015, and appellant's reply brief shall be filed on or before December 10, 2015.
09/25/2015FiledBrief (Appellant-Allen)
09/25/2015FiledBrief (Appellant Wright)
10/02/2015FiledBrief (Amicus Curiae)
10/29/2015FiledAMENDED Order Granting appellant's petition for rehearing en banc in appeal no. 10-CV-1425.
11/03/2015FiledMotion to hold in abeyance or alternative to extend the en banc brief (Rafael Sa' adah & District of Columbia)Granted
11/16/2015FiledOpposition to appellee's motion to hold appeals in abeyance or alternatively to extend the en banc briefing schedule (Appellant)
11/24/2015FiledReply to appellant's opposition to the motion to hold appeals in abeyance or alternatively to extend the en banc briefing schedule (Appellee)
12/03/2015FiledOrder Granting Appellees District of Columbia and Rafael Sa'adah's motion to hold in abeyance and these appeals are hereby stayed and the briefing schedule suspended pending further order of the court.
02/01/2016FiledStatus Report regarding the District of Columbia and Rafael Sa'adah (Appellee)
03/02/2016FiledOrdered that appellees, shall file a brief by March 18, 2016. This court's August 21, 2015, remains suspended pending further order of the court.
03/07/2016FiledMotion For Extension Of Time to File Brief (Appellee)Granted
03/17/2016FiledGRANT - Order Granting appellees District of Columbia and Rafael Sa'Adah's Motion For Extension Of Time to File Brief and appellee's brief shall be filed on or before April 8, 2016.
04/08/2016FiledSupplemental Brief in Response to the Court's order of 3/2/16 (Appellee)
04/08/2016FiledBriefing Completed
05/11/2016FiledLetter From regarding case on appeal (Appellee)
06/24/2016FiledLetter From regarding case on appeal (Appellee)
10/14/2016FiledLetter requesting that this Court withdraw en banc consideration of these cases, reinstating the division's decision in Allen and returning Wright to the division for a decision. (Appellee District of Columbia)
10/20/2016FiledOrdered that appellees District of Columbia and Rafael Sa'adah shall, within 30 days from the date of this order, file a supplemental brief addressing the effect of the legislation on the present cases, including but not limited to the following questions: (1) To what extent does the legislature's "ratif[ication]" of this court's "interpretation and application" of the public duty doctrine in prior judicial decisions affect the role of the courts in cases involving claims that the doctrine should be revised or abolished?"; and (2) Is the legislation applicable to the present cases? See generally, e.g., Landgraf v. USI Film Prods., 511 U.S. 244 (1994); District of Columbia v. Berretta U.S.A. Corp., 940 A.2d 163 (D.C. 2008). It is FURTHER ORDERED that appellants may file responsive briefs within 30 days of the service of appellees' brief.
11/14/2016FiledMotion For Extension Of Time to File supplemental Brief, (Appellee District of Columbia)Granted
11/18/2016FiledOrder Granting District of Columbia's and Rafael Sa'adah's motion for an extension of time to file the supplemental brief to December 21, 2016.
12/19/2016FiledMotion For Extension Of Time to File Brief (Appellee District of Columbia)Granted
12/21/2016FiledOrder Granting District of Columbia's and Rafael Sa'adah's motion for an extension of time to file the supplemental brief to January 23, 2016.
01/23/2017FiledSupplemental Brief in response to the Court's order of 10/20/16 (Appellee District of Columbia)
01/24/2017FiledNotice of corrected certificate of service for the brief of Appellees (Appellee District of Columbia)
02/14/2017FiledLetter From Counsel/Party Re Future Calendaring (Appellee District of Columbia)
02/21/2017FiledSupplemental Brief in response to the Court's order of 10/20/16 (Appellant Allen)
02/23/2017FiledMotion For Extension Of Time to File Reply Brief (Appellant Wright)Granted
03/03/2017FiledOrder Granting Appellant Tonda Wright's Motion For Extension Of Time to File Reply Brief to March 23, 2017.
03/22/2017FiledReply Brief (Appellant Tonda Wright and Johnquan D. Wright)
06/01/2017FiledOrder, sua sponte, that the stay entered by this court on December 3, 2015, is hereby lifted.
06/01/2017FiledProceed With Appeal; No Longer On Hold/Stayed
06/01/2017FiledOrder the appellees District of Columbia and Mr. Sa'adah shall within 60 days from the date of this order file a merits brief. Appellants' merits reply briefs shall be filed within 30 days thereafter.
06/01/2017FiledOrder that appellees District of Columbia and Mr. Sa'adah shall within 30 days from the date of this order file any reply brief responsive to appellants' briefs filed on February 21, 2017 and March 22, 2017.
06/02/2017FiledAMENDED ORDER, sua sponte, that the stay entered by this court on December 3, 2015, is hereby lifted. (The order is amended only to correct a typographical error in Judge Nebeker's dissent).
06/30/2017FiledMotion For Leave to File Brief 7 days after the District files its brief (Amicus-Appellee Counsil of the District of Columbia)Granted
07/03/2017FiledSupplemental Reply Brief in response to the Court's order of 10/20/16 (Appellee District of Columbia)
07/06/2017FiledOrder Granting the motion of the Council of the District of Columbia, and the Clerk shall enter the appearance of the Council of the District of Columbia as amicus curiae on behalf of appellee the District of Columbia. Amicus curiae Council of the District of Columbia's brief in support of appellee District of Columbia shall be filed on or before July 31, 2017.
07/12/2017FiledMotion For Leave To File Excess-Paged Brief (Appellee District of Columbia)Granted
07/12/2017FiledMotion For Extension Of Time to File Brief (Appellee District of Columbia)Granted
08/17/2017FiledOrder Granting the motions of appellee's District of Columbia and Rafael Sa'adah, and appellee's merits brief shall be filed on or before August 30, 2017, the page limit for the merits brief is extended to 100 pages in 14-point font.
08/23/2017FiledMotion To Stay Appeal (Appellant Allen, Appellee District of Columbia)Granted
09/25/2017FiledOrder Granting the joint motion To Stay Appeal, and these appeals are hereby held in abeyance pending the finalizing of the settlement documents.
10/25/2017FiledStatus Report Pending Settlement (Appellee District of Columbia)
11/27/2017FiledStatement/Status Report Pending Settlement (Appellee District of Columbia)
12/14/2017FiledMotion To Dismiss Appeal (Appellant Wright)
12/19/2017FiledAmended Motion To Dismiss Appeal (Appellant Wright)Granted
01/08/2018FiledOrder Sua Sponte, that appeal nos. 10-CV-1425 and 13-CV-583 are hereby served.
01/08/2018FiledOrder Sua Sponte that the September 25, 2017, order is hereby vacated to the extent it held appeal no. 13-CV-583 in abeyance.
01/08/2018FiledProceed With Appeal no 13-CV-583 ONLY; No Longer On Hold/Stayed
01/08/2018FiledOrder Granting appellant's amended consent motion to dismiss in appeal no. 13-CV-583, and appeal no. 13-CV-583 is hereby dismissed with prejudice.
01/08/2018FiledOrdered that the parties in appeal no. 10-CV-1425 shall advise this court within thirty days from the date of this order on the status of the settlement agreement.
02/07/2018FiledStatement/Status Report Pending Settlement (Appellee)
04/11/2018FiledStipulation To Dismiss Appeal (Appellee)
05/03/2018FiledOrder Sua Sponte that the stay entered on September 25, 2017, is hereby vacated.
05/03/2018FiledProceed With Appeal; No Longer On Hold/Stayed
05/03/2018FiledOrder Granting the joint motion to dismiss this appeal, and this appeal is hereby dismissed with prejudice. The Clerk shall issue the mandate forthwith.
05/03/2018FiledMandate