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United States Court Cases

District Of Columbia Court Of Appeals Record

MARION KINDIG V. HARBANS S. CHHABRA ET AL

Case Information: 98-CV-0795
Short Caption:MARION KINDIG V. HARBANS S. CHHABRA ET ALClassification:Appeals - Civil - Other Civil
Lead: 98-CV-0782 Consolidated:98-CV-0795
Superior Court or Agency Case Number:CA7208-96Filed Date:05/20/1998

Opening Event Date:05/20/1998Case Status:Closed
Record Completed:09/13/1999Post-Decision Matter Pending:
Briefs Completed:02/08/2001
Argued/Submitted:
Disposition:Next Scheduled Action:
Mandate Issued:09/07/2001

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantMarion Kindig NPro SeN
AppelleeKirkpatrick J. Day N
David F. GrimaldiYY
AppelleeHarbans Chhabra N
Jill Reid Cummins NN
AppelleeSatpal K. Chhabra N
Jill Reid Cummins NN
AppelleeOnkar Sharma NPro SeN

Events
Event DateStatusDescriptionResult
05/20/1998NOTICE OF APPEAL
08/14/1998ORDERED: appellant shall, within 20 days from the date of this order, tender the $50 docketing fee and file the docketing statement with this court, and file the designation of record and statement regarding transcript with the Superior Court, Office of Appeals Coordinator, Room 3148. It is FURTHER ORDERED that appellant shall simultaneously file a copy of those documents with this court, accompanied by a motion for leave to file the documents out of time, and this court's $10 motion fee. The motion should 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. See D.C. App. R. 14. (By: GP)
09/04/1998NOTICE RECEIVED from aplt re related case
09/17/1998ORDER: This appeal is hereby dismissed. See D.C. App. R. 14. (By: AMW)
09/17/1998DISMISSED
10/09/1998MANDATE ISSUED
10/27/1998ORDER DENYING APLT MISCELLANEOUS PROCEDURAL MOTION for modification or supplementation of the record. FO that this court will issue a briefing schedule in appeal no. 98CV782 upon the filing of the appellate record. (By: AMW)
10/27/1998ORDER DENYING APLT MISCELLANEOUS PROCEDURAL MOTION to consolidate appeals nos. 98CV782 and 98CV795. (More)
11/24/1998ORDER: Appellant shall, in appeal no. 98CV795, within 10 days from the date of this order, tender the $50 docketing fee and file the docketing statement with this court, and file the designation of record and statement regarding transcript with the Superior Court, Office of Appeals Coordinator, Room 3148. FO that appellant shall simultaneously file a copy of those documents with this court, accompanied by a motion for leave to file the documents out of time, and this court's $10 motion fee. The motoin should set forth good cause for the failure to either timely file the documents or to request an extension of time within which to do so. Failure to comply with this order shall result in appellant's motion to reconsider the dismissal of appeal no. 98CV795 being denied. See D.C. App. R. 14. FO that the motion of appellant for reconsideration of this court's dismissal order of September 17, 1998, is hereby held in abeyance pending appellant's compliance with this order. (motion contains request to consolidate 98CV782 and 98CV795) (By: AMW)
12/09/1998APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for leave to filed documents late for 98 cv795
12/09/1998MOTION(S) FEE PAID
12/09/1998$50.00 DOCKETING FEE
12/09/1998RECEIVED - aplt's docketing statement
12/09/1998RECEIVED - designation of record
12/09/1998RECEIVED -statement regarding transcripts
12/29/1998ORDER GRANT APPELLANT MOTION FOR RECONSIDERATION of this court's dismissal order of September 17, 1998, in appeal no. 98CV795, and appeal no. 98CV795 is hereby reinstated. FO that the mandate issued in appeal no. 98CV795 is hereby recalled. (More)
12/29/1998ORDER SUA SPONTE REINSTATING APPEAL (per motion).
12/29/1998ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION for leave to file documents out of time in appeal no. 98CV795, and the Clerk shall file the lodged docketing statement, designation of record and statement regarding transcript. (By: AMW)
12/29/1998APPELLANT'S DOCKETING STATEMENT in 98CV795
12/29/1998DESIGNATION OF RECORD in 98CV795
12/29/1998STATEMENT REGARDING TRANSCRIPT(S) in 98CV795
12/29/1998MANDATE RECALLED in appeal no. 98CV795
03/15/1999APPELLEE'S MOTION TO DISMISS/WITHDRAW APPEAL
03/15/1999MOTION(S) FEE PAID
03/19/1999COPY OF SUPERIOR COURT LETTER
03/26/1999RECORD ON APPEAL (98CV795\98cv782)
03/30/1999APPELLANT'S MOTION FOR LEAVE TO FILE AN OPPOSITION to aple's mot to dismiss
03/30/1999MOTION(S) FEE PAID
03/30/1999RECEIVED - aplt's oppo to aple's mot to dismiss
05/17/1999ORDERED that the motion of appellant for an extension of time to file the opposition is granted, and the Clerk shall file the lodged opposition of appellant. F/O thatthe motion of appellee Kirkpatrick J. Day to dismiss appeals is denied. (BY: AMW)
05/17/1999APPELLANT'S OPPOSITION to appellee Day motion to dismiss
09/13/1999SUPPLEMENTAL RECORD - #1 (4 pgs/HART) 4/8/98 proc.
09/13/1999SUPPLEMENTAL RECORD - #2 (12 pgs/Hart) 4/8/98 proc.
09/13/1999SUPPLEMENTAL RECORD - #3 (7 pgs/Hart) 4/6/98 proc.
09/13/1999RECORD COMPLETED
06/28/2000APPELLEE'S MOTION TO DISMISS/WITHDRAW APPEAL (United Services Automobile Association)
06/28/2000MOTION(S) FEE PAID
07/10/2000APPELLANT'S OPPOSITION to Aple's motion to dismiss
07/12/2000error
07/19/2000ORDER DENY APLE MOTION TO DISMISS/WITHDRAW APPEAL F/O that the brief of appallant shall be filed within 40 days from the date of this order and the brief of appellee shall be filed within 30 days thereafter. See D.C App. R. 31.
09/01/2000 On consideration of this court's order of July 19, 2000___, directing appellant_ to file the brief within 40 days from the date of the order, an d it appearing that the brief has not yet been filed with this court, it is ORDERED that the brief of appellant_ shall be filed within 20 days from the date of this order, accompanied by a motion for leave to file the brief out of time. The motion should set forth good cause for the failure either to timely file the brief or to request an extension of time within which to do so. Failure to comply with this order shall subject these appeals to dismissal without further notice. See D.C. App. R. 14.
09/21/2000APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 20 days
09/21/2000MOTION(S) FEE PAID
09/28/2000APPELLEE'S OPPOSITION to aplt's mot for ext of time.
10/17/2000 On consideration of the motion of appellant_ for an extension of time within which to file the brief, and the opposition therto, it is ORDERED that the motion is granted, and the brief of appellant shall be filed on or before October 23, 2000. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (By: AMW)
10/27/2000 On consideration of this court's order of October 17, 2000, directing petitioner to file the brief on or before October 23, 2000, and it appearing that the brief has not yet been filed with this court, it is ORDERED that the brief of petitioner shall be filed within 20 days from the date of this order, accompanied by a motion for leave to file the brief out of time. The motion should set forth good cause for the failure either to timely file the brief 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. See D.C. App. R. 14. (By: GP)
10/30/2000APPELLEE'S MOTION TO DISMISS/WITHDRAW APPEAL
10/30/2000MOTION(S) FEE PAID
11/13/2000APPELLANT'S MOTION FOR LEAVE TO FILE AN OPPOSITION
11/13/2000RECEIVED - aplt's oppo to aple's renewed motio for dismissal
11/13/2000MOTION(S) FEE PAID
11/16/2000APPELLANT'S MOTION FOR LEAVE TO FILE BRIEF
11/16/2000RECEIVED - Aplt's Brief
11/16/2000MOTION(S) FEE PAID
11/21/2000NOTICE RECEIVED - supp to the mot filed on 11/16/00.
11/30/2000LETTER from aple's of intent to file mot for summary disposition.
12/18/2000APPELLEE'S MOTION FOR SUMMARY AFFIRMANCE (filed by appellees Kirpatrick J. Day, Robert S. Day, Vicki Joyce Day and USAA)
12/18/2000MOTION(S) FEE PAID
12/26/2000TMC - Aple's motion for summary affirmance - Aplt's opposition - Aple's motion to dismiss appeal - Aplt's opposition
01/02/2001APPELLANT'S OPPOSITION to mot for summary affirmance.
01/10/2001ORD GRANT APLT MOTION FOR LEAVE TO FILE OPPOSITION to appellee Day's renewed motion to dismiss and the Clerk shall file the lodged opposition *** MORE ***
01/10/2001APPELLANT'S OPPOSITION to appellee's renewed motion to dismiss
01/10/2001ORDER DENY APLE MOTION TO DISMISS/WITHDRAW APPEAL *** MORE ***
01/10/2001ORDER GRANTING APLT MOTION FOR LEAVE TO FILE BRIEF and the Clerk shall file the lodged brief of appellant. *** MORE ***
01/10/2001APPELLANT'S BRIEF
01/10/2001ORDER DENY APPELLEE MOTION FOR SUMMARY AFFIRMANCE F/O that the briefs of appellees shall be filed within 30 days from the date of this order. See D.C. App. R. 31. (by: TESTKN)
02/08/2001APPELLEE'S BRIEF (Kirpatrict J. Day, Robert S. Day, Vickie J. Day and United Services Automoble Association
02/08/2001BRIEFS COMPLETED
02/28/2001{PPELLANT'S MOTION TO STRIKE aple's reply brief and motion for sanctions (dwm)
02/28/2001MOTION(S) FEE PAID
03/01/2001TMC - Aplt's motion to strike and for sanctions - Aple's opposition to motion to strike and for sanctions
03/09/2001APPELLEE'S OPPOSITION - to aplt's motion for sanctions under rule 11 and motion to strike under rule 12 (f) (United Services Automobile Assocation)
03/13/2001ORDER DENYING APPELLANT MOTION TO STRIKE *** MORE ***
03/13/2001ORDER DENYING APLT MISCELLANEOUS PROCEDURAL MOTION for sanctions. F/O that appellees, the Chhabras, shall file their brief or a statement that no brief will be filed within 30 days from the date of this order. Failure of appellees Chhabras to file theri brief will result in these appeals being scheduled on the briefs filed. (by: FARDKG)
04/27/2001NOTICE RECEIVED from aplt re aple's misrepre- sentation.
05/25/2001APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION under Rule 11 of the rules of civil procedure that the court order that Mr. David Grimaldi and Miss Jill Reid Cummins respond as to whether aplt is being indemnified.
05/25/2001MOTION(S) FEE PAID
05/29/2001APPELLEE'S OPPOSITION - of defendants Day and USSA to co-defendant Kindig's motion motion under rule 11 o the rules of civil procedure that the court order that Mr. David Grimaldi and Miss Jill Reid Cummings respond as to whether aplt is being indemnified
06/01/2001TMC - Aplt's motion under Rule 11 of the rules of civil procedure - Aple's opposition - Aplt's notice to the court - Aplt's reply
06/04/2001APPELLANT'S REPLY- to oppo of defendents Day and USAA to co- def. Kindig's motion under rule 11 of the rules of civil procedure that the court order that Mr. David Grimaldi and Miss Jill Reid Cummmigs respond as to whether aplt is being indemnified
06/13/2001NOTICE RECEIVED from appellant regarding making a determination on this appeal.
06/20/2001ORDER DENYING APLT MISCELLANEOUS PROCEDURAL MOTION for sanctions. F/O that appellant's notice to the court is struck from the record for failure to comply with D.C. App. R. 27(a). F/O that these appeals shall be scheduled for consideration before the mertis division as soon as the calendar permits. (by: SCFAKN)
06/29/2001CHANGE OF ADDRESS RECEIVED - of David F. Grimaldi 1815 H. STREET, NW SUITE 420 WASHINGTON, DC 20006 202 293-0830
07/05/2001RECEIVED - copy of preaecipe w/copies of letters for law office
07/19/2001FINAL SCREENING - SUMMARY CALENDAR I
07/20/2001NOTICE RECEIVED - filed by: aplt re: praecipe filed in superior court
07/30/2001CALENDAR NOTICE SENT
08/06/2001STIPULATION TO DISMISS APPEAL
08/09/2001LETTER FROM COUNSEL REQUESTING ORAL ARGUMENT Denied
08/13/2001RECEIVED - Copy of the Praecipe dated July 31, 2001, filed in the Superior Court by the parties to dismiss the case with prejudice as the matter has been settled. ta
08/16/2001On consideration of the parties' stipulation of dismissal and the request of appellant for oral argument on the summary calendar of September 11, 2001, and it appearing that a praecipe of dismissal was filed in the Superior Court on July 31, 2001, it is ORDERED that appeals numbers 98-CV-782 and 98-CV-795 are hereby dismissed with prejudice, with each party to bear its own costs. It is F/ORDERED that these appeals are removed from the summary calendar of September 11, 2001. It is F/ORDERED that appellant's request for oral argument is denied as moot. (TDRDWH)
08/16/2001DISMISSED
09/07/2001MANDATE ISSUED