SAMUEL BAILEY, ET AL. V. CNPQ - District Of Columbia Court Of Appeals Record

Case Information: 97-CV-1164
Short Caption:	SAMUEL BAILEY, ET AL. V. CNPQ	Classification:	Appeals - Civil - Other Civil
Lead:	97-CV-1149	Consolidated:	97-CV-1164
Superior Court or Agency Case Number:	CA11391-93	Filed Date:	06/27/1997

Opening Event Date:	06/27/1997	Case Status:	Closed
Record Completed:	01/13/1998	Post-Decision Matter Pending:
Briefs Completed:	05/28/1998
Argued/Submitted:	11/04/1998
Disposition:		Next Scheduled Action:
Mandate Issued:	11/17/2000

Party Information

Appellate Role

Party Name

IFP

Attorney(s)

Arguing Attorney

E-Filer

Appellant

Donald Mcclure

Pro Se

Appellant

Samuel Bailey

Donald L. Mcclure

Appellee

Cnpq

Larry W. Thomas

Events
Event Date	Status	Description	Result
06/27/1997		NOTICE OF APPEAL
06/27/1997		$50.00 DOCKETING FEE
06/27/1997		APPELLANT'S MOTION FOR STAY pending appeal
06/27/1997		MOTION(S) FEE PAID
07/17/1997		NOTICE RECEIVED of aple's intent to dismiss
07/17/1997		APPELLEE'S MOTION TO DISMISS/WITHDRAW APPEAL
07/17/1997		MOTION(S) FEE PAID
07/28/1997		NOTICE RECEIVED by appellants, in reference to transcripts
07/30/1997		APPELLANT'S OPPOSITION -to aple's motion to dismiss
07/31/1997		TMC - Aplts' motion for stay pending appeal - Aple's motion to dismiss appeal and for attorney's fees and costs - Aple's motion in support of aple's motion to dismiss - Aplts' opposition
08/04/1997		APPELLEE'S REPLY to appellants' objection to appellee's counter-designation of record
08/04/1997		APPELLEE'S REPLY t oppo to CNPQ's mot to dismiss
08/04/1997		ORDER, sua sponte, that appeals nos. 97-CV-1149 and 97-CV-1164 are hereby consolidated for all purposes. * MORE *
08/04/1997		ORDER DENY APLE MOTION TO DISMISS/WITHDRAW APPEAL appeal no. 97-CV-1164. * MORE *
08/04/1997		ORDER DENYING APLE'S REQUEST for fees and costs filed in appeal no. 97-CV-1164. * MORE *
08/04/1997		ORDER DENYING APPELLANT MOTION FOR STAY in appeal no. 97-CV-1164. (by: FEFARD)
08/06/1997		APPELLANT'S OPPOSITION - to counterdesignation of record (Samuel Bailey)
09/09/1997		ORDERED that appellant in appeal no. 97-CV-1149 shall, within 20 days from the date of this order, tender the $50 docketing fee. (MORE)
09/09/1997		ORDERED that appellants in appeals nos. 97-CV-1149 and 97-CV-1164 shall, within 20 days from the date of this order, file the docketing statements for these appeals with this court, and file the designations of record and statements regarding transcript with the Superior Court, Office of Appeals coordinator, Room 3148. It is F/O that appellants in these appeals shall simultaneously file a copy of those docuements out of time, and this court's $10 motion fee. The motions 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 these appeals to dismissal without further notice. See D.C. App. R. 14. (By: GPJ
09/29/1997		APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for leave to file documents late 97 cv 1164
09/29/1997		MOTION(S) FEE PAID
09/29/1997		RECEIVED - aplt's docketing statement - designation of record - statement regarding transcript 97cv 1164
09/29/1997		error
09/29/1997		APPELLANT'S MOTION FOR LEAVE TO FILE DS , dr & srtfor 97cv1149
09/29/1997		MOTION(S) FEE PAID
09/29/1997		RECEIVED - designation of record statement regarding transcript designation of record 97 cv1149
09/29/1997		$50.00 DOCKETING FEE for 97cv1149
10/07/1997		APPELLEE'S OPPOSITION to aplt's mot for leave to file docketing statment & fee
10/07/1997		APPELLEE'S OPPOSITION - CNPq's oppositon to aplt's Bailey and McClure motion to file documents out of time
10/07/1997		APPELLEE'S MOTION TO DISMISS/WITHDRAW APPEAL (CNPQ)
10/07/1997		MOTION(S) FEE PAID
10/07/1997		RECEIVED - counter designation of record
10/08/1997		COUNTER DESIGNATION OF RECORD
10/16/1997		APPELLANT'S REPLY to aple oppo to aplt's mot for leave to file documents out of time in 97-CV-1164
10/20/1997		APPELLANT'S OPPOSITION- to aple's motion to dismiss appeal 97 cv1149
10/20/1997		APPELLANT'S REPLY -to aple's opposition to its motion for leave to file its docketing statement and pay fee
10/20/1997		RECEIVED - aplt's amendment to the motion for leave to file docketing statement and docketing fee to also include the designation of record need motion for leave to file amendment
10/21/1997		APPELLEE'S OPPOSITION to aple's CNPQ'S demand thataplt's in 97-CV-1149 and 97-CV-1164 designate rt's and notice aplt's refusal to order additionalrt's
10/23/1997		NOTICE SENT -to aplt's attorney re: motion for leave to file amendment to motion
10/24/1997		APPELLEE'S REPLY - to aplt's opposition to motion for dismissal of appeal for failure to comply w/rule 10 and this court's order of 9/9/97
10/30/1997		APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION- to amend previously filed motion pursuant to rule 27
10/30/1997		MOTION(S) FEE PAID
12/01/1997		ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION for leave to file and to amend the previously filed motion, and the Clerk shall file the lodged docketing statement, designation of record and statement regarding transcript of Inter-trade, Inc. It is (More)
12/01/1997		ORDER GRANTING APLT MOTION FOR LEAVE TO FILE DS, DR & SRT, and the Clerk shall file the lodged docketing statement, designation of record and statement regarding transcript of appellants Samuel Bailey, et al., and appellee's counter-designation of record. It is (More)
12/01/1997		ORDER DENY APLE MOTION TO DISMISS/WITHDRAW APPEAL NO. 97-CV-1149. (BY: AMW)
12/01/1997		APPELLANT'S DOCKETING STATEMENT (97-CV-1149 & 97-CV-1164)
12/01/1997		DESIGNATION OF RECORD (97-CV-1149 & 97-CV-1164)
12/01/1997		STATEMENT REGARDING TRANSCRIPT(S) (97-CV-1149 & 97-CV-1164)
12/01/1997		COUNTER DESIGNATION OF RECORD (97-CV-1164)
01/12/1998		APPELLEE'S MOTION TO DISMISS/WITHDRAW APPEAL
01/13/1998		RECORD ON APPEAL vol. 1-4
01/13/1998		SUPPLEMENTAL RECORD - #1 (64 pgs/Marshall) 3/20/97 proc.
01/13/1998		SUPPLEMENTAL RECORD#2 (plaintiff's motion that def. be compelled to answer interrogatories and produce documents and that the court impose sanctions and costs pursuant to super. ct. civ. rules of the D.C., rule 11 and ruel 37 and attached exhibits)
01/13/1998		RECORD COMPLETED
01/26/1998		APPELLANT'S OPPOSITION - to aple's motion to dismiss for 97cv1149
01/26/1998		APPELLANT'S OPPOSITION - to motion to dismiss for 97 cv1164
01/28/1998		APPELLEE'S REPLY to appellant's opposition to appellee's motion to dismiss
02/02/1998		APPELLEE'S REPLY (CNPq) to aplt's oppo to mot to dismiss
02/23/1998		ORDER DENY APLE MOTION TO DISMISS/WITHDRAW APPEAL. It is F/O that the briefs of appellants 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. (BY: AMW)
03/10/1998		APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 60 days (Fontes)
03/10/1998		MOTION(S) FEE PAID
03/17/1998		APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for substitution of counsel (Jose Mario Fonter, Jr.)
03/17/1998		APPELLEE'S OPPOSITION - to aplt's Jose Mario Fontes, JR's motion for extension of time within to file brief
03/18/1998		APPELLANT'S REPLY to aple's oppo to aplt's mot for ext of time to file brief
03/19/1998		SUPPLEMENTAL RECORD #3 (copy of CNPQ's motion to amend the complaint, supporting memorandum and affidavit with exhibits, proposed order(filed under seal)
03/23/1998		CHANGE OF ADDRESS RECEIVED (Lloyd D. Iglehart 601 Pennsylvania Aveune, NW 9th Floor Washington, DC 20004 202 638-6993
03/24/1998		SUPPLEMENTAL RECORD - #4 (178 pgs/Marshall) 3/18/97 proc.
03/24/1998		SUPPLEMENTAL RECORD - #5 (35 pgs/Marshall) 3/19/97 proc.
04/06/1998		SUPPLEMENTAL RECORD - #6 (66 pgs/Marshall) 3/17/97 proc.
04/06/1998		SUPPLEMENTAL RECORD - #7 (83 pgs/Watson) 4/28/97 proc.
04/07/1998		RECEIVED - aplt's brief in 97-CV-1164 for mcclure and bailey
04/07/1998		RECEIVED - aplt's brief in 97-CV-1149
04/10/1998		APLT MOTION FOR LEAVE TO SUPPLEMENT THE RECORD
04/10/1998		MOTION(S) FEE PAID
04/10/1998		APPELLANT'S MOTION FOR LEAVE TO FILE BRIEF (Jose Mario Fontes, Jr.,)
04/10/1998		MOTION(S) FEE PAID
04/10/1998		RECEIVED - aplt's brief (Fontes, jr) w/pertinent pages of transcripts
04/17/1998		APPELLEE'S OPPOSITION to Fontes, Jr.'s mot to supp the record and for leave to file a late DR and brief
04/17/1998		SUPPLEMENTAL RECORD #8 (Rpt.Trans-3/19,20/97 Proc.102 Pgs.-Rpt. L. Marshall).
04/17/1998		SUPPLEMENTAL RECORD #9 (Rpt.Trans 3/24/97 Proc.- 23 Pgs. Rpt. D. Foster).
04/17/1998		SUPPLEMENTAL RECORD #10 (Rpt. Trans- 3/24/97 Proc. 115 Pgs.-Rpt. D. Foster).
04/17/1998		SUPPLEMENTAL RECORD #11 (Rpt.Trans- 3/25/97 Proc.-152 Pgs.- Rpt. D. Foster).
04/17/1998		SUPPLEMENTAL RECORD #12 (Rpt.Trans-3/27/97 Proc.- 45 Pgs.- Rpt. D. Foster).
04/17/1998		SUPPLEMENTAL RECORD #13 (Rpt.Trans-4/1/97 Proc.- 97 Pgs.-Rpt. L. Kaczowski).
04/17/1998		SUPPLEMENTAL RECORD #14 (Rpt.Trans-6/24/96 Proc.- 25 Pgs.-Tape).
04/21/1998		APPELLANT'S REPLY to oppo to motions to supp the record and for leave to file brief
04/28/1998		ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION for substitution of counsel, and the appearance of Lloyd D. Iglehart, Esquire, is hereby withdrawn, and the Clerk shall enter the appearances of Philip L. Kellogg, Esquire and James L. Lyons, Esquire, as counsel for appellant Jose Mario Fontes, Jr., It is (More)
04/28/1998		ORDER GRANTING APLT MOTION FOR AN EXTENSION OF TIME AND FOR LEAVE TO FILE, and the Clerk shall file the lodged brief of appellant Jose Mario Fontes, Jr., in appeal no. 97-CV-1149. It is F/O that the Clerk shall file the lodged briefs of appellant Samuel Bailey, et al., and Inter-Trade, Inc. It is (More)
04/28/1998		ORD GRANT APLT MO FOR LV TO SUPPLEMENT THE RECORD and appellant Jose Mario Fontes, Jr., shall, within 15 days from the date of this order, make the necessary arrangements to have the documents specified in his motion prepared and transmitted as a supplemental record forthwith. It is F/O that the brief of appellee shall be filed within 30 days from the date of this order. (BY: AMW)
04/28/1998		APPELLANT'S BRIEF (Jose Mario Fontes, Jr.) 97-CV-1149
04/28/1998		APPELLANT'S BRIEF (Inter-Trade , Inc.) 97-CV-1149
04/28/1998		APPELLANT'S BRIEF (Samuel Bailey, et al.) 97-CV-1164
05/13/1998		SUPPLEMENTAL RECORD #15 (decision and order regarding motion for contempt against Jose Mario, Jr. and Nadyr Fonte)
05/28/1998		APPELLEE'S BRIEF
05/28/1998		BRIEFS COMPLETED
06/10/1998		LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING
06/10/1998		error
06/10/1998		FINAL SCREENING - REGULAR CALENDAR
06/22/1998		APPELLANT'S REPLY BRIEF
06/26/1998		APPELLANT'S REPLY BRIEF (Inter trade Inc.,)
07/22/1998		SUPPLEMENTAL RECORD #15 (153-pgs/kreutel 3/26/97 proc.)
07/22/1998		SUPPLEMENTAL RECORD #16 (78-pgs/williams 3/7/97 proc.)
10/01/1998		CALENDAR NOTICE SENT
10/19/1998		RECEIVED - all aplt's request for oral argument
10/26/1998		ORDER: Motion of appellants to allow presentation of oral argument by three counsel on behalf of appellants is granted and Lloyd D. Iglehart, Esq., Phillip L. Kellogg, Esq. and Donald L. McClure, Esq. are allowed to argue on behalf of appellants. (GP)
11/04/1998	Filed	ACTION - Argued / Submitted
11/04/1998		ARGUED (WG,RD,GA) Lloyd D. Inglehart, Esquire, for appellant. Philip L. Kellogg, Esquire, for appellant. Donald McClure, Esquire, for appellant. Larry W. Thomas, Esquire, for appellee.
10/26/2000		AFFIRMED IN PART/REVERSED IN PART/REMANDED OPINION
11/17/2000		MANDATE ISSUED