judyrecords
search tips
740 million+
United States Court Cases

District Of Columbia Court Of Appeals Record

JAMES E. BREEN V. DC POLICE & FIRE RETIRE BD.

Case Information: 97-AA-0272
Short Caption:JAMES E. BREEN V. DC POLICE & FIRE RETIRE BD.Classification:Agency - Administrative Agency - Police/Fire Retire/Relief Bd.
Superior Court or Agency Case Number:Filed Date:02/26/1997

Opening Event Date:02/26/1997Case Status:Closed
Record Completed:04/10/1997Post-Decision Matter Pending:
Briefs Completed:10/05/1998
Argued/Submitted:05/18/1999
Disposition:Next Scheduled Action:
Mandate Issued:09/27/1999

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
PetitionerJames E. Breen N
Frederic W. Schwartz, Jr.NY
RespondentD.C. Police & Firefighters' Retirement & Relief BoardN
Sheila Kaplan YN
Charles L. Reischel NN

Events
Event DateStatusDescriptionResult
02/26/1997PETITION FOR REVIEW
02/26/1997$50.00 DOCKETING FEE
02/26/1997PETITIONER'S DOCKETING STATEMENT
03/07/1997CERTIFIED COPY OF PETITION TO BOARD to agency and Charles L. Reishel
04/10/1997RECORD ON APPEAL
04/10/1997RECORD COMPLETED
04/16/1997ORDER: The brief of petitioner shall be filed within 40 days from the date of this order, and the brief of respondent shall be filed within 30 days thereafter. See D.C. App. R. 31. Any request for an extension of time will be looked upon with disfavor and granted only upon a showing of good cause. (By: JAC)
05/27/1997PETITIONER'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo to 6/27/97
05/27/1997MOTION(S) FEE PAID
06/12/1997ORDER: Grant the motion of petitioner for an extension of time within which to file the brief and the brief of petitioner shall be filed on or before June 27, 1997_____. Any further request for an extension of time will be looked upon with disfavor and granted only upon a showing of good cause. (By GP)
07/02/1997PETITIONER'S MOTION TO EXTEND TIME TO FILE BRIEF to 7/28/97. no oppo (vvd)
07/14/1997ORDERED that the consent motion is granted, and the brief of petitioner shall be filed on or before July 28, 1997. Any further request for an extension of time will be looked upon with disfavor and granted only upon a showing of good cause. (By: JAC)
07/25/1997PETITIONER'S MOTION TO EXTEND TIME TO FILE BRIEF/stay of the briefing schedule pending supplementation of the agency record. (vvd)
08/18/1997SUPPLEMENTAL RECORD (certification of supplemental record and jurat)
08/27/1997ORDER GRANT PTNR MOTION TO EXT TIME TO FILE BRIEF to the extent that the brief of petitioner shall be filed within 40 days from the date the supplemental record is filed with this court. (BY: AMW) sw
02/23/1998ORDERED that the brief of petitioner shall be filed within 40 days from the date of this order, and the brief of respondent shall be filed within 30 days thereafter. See D.C. App. R. 31. (BY: JAC)
04/14/1998PETITIONER'S MOTION TO EXTEND TIME TO FILE BRIEF to 5/11/98
04/14/1998MOTION(S) FEE PAID
04/28/1998ORDER GRANT PTNR MOTION TO EXT TIME TO FILE BRIEF and the brief of petitioner shall be filed on or before May 11, 1998. (BY: JAC)
05/18/1998ORDER: Petitioner shall, within 20 days from the date of this order, file the brief, 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 furthe notice. See D.C. App. R. 14. (By: JAC)
05/26/1998PETITIONER'S MOTION FOR LEAVE TO FILE BRIEF
05/26/1998RECEIVED - aplt's brief
05/26/1998MOTION(S) FEE PAID
05/26/1998PTNR MOTION FOR LEAVE TO SUPPLEMENT THE RECORD
05/26/1998MOTION(S) FEE PAID
07/07/1998ORDER GRANTING PTNR MOTION FOR LEAVE TO FILE BRIEFand the lodged brief of petitioner is filed. It is (M O R E)
07/07/1998PETITIONER'S BRIEF
07/07/1998ORD GRANT PTNR MO FOR LV TO SUPPLEMENT THE RECORD and petitioner shall make the necessary arrangements to have the items specified in petitioner's motion prepared and transmitted to this court as a supplemental record forthwith. It is ( MORE )
07/07/1998ORDER: Respondent shall, within 20 days from the date of this order, file the brief accompanied with a motion for leave to file the brief our 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 may result in this appeal being scheduled on the record on appeal and petitioner's brief alone. (By: JAC)
07/28/1998RESPONDENT'S MOTION TO EXTEND TIME TO FILE BRIEF to August 26, 1998 (no oppo).
08/05/1998ORDER GRANT RESP MOTION TO EXT TIME TO FILE BRIEF, and the brief of respondent shall be filed on or before August 26, 1998. (BY: JAC)
08/26/1998RESPONDENT'S MOTION TO EXTEND TIME TO FILE BRIEF no opp to 9/24
09/04/1998ORDER GRANT RESP MOTION TO EXT TIME TO FILE BRIEF and the brief of respondent shall be filed on or before 9/24/98. (BY: JAC) sw
09/28/1998ORDER: Respondent shall, within 15 days from the date of this order, file the brief accompanied with a motion for leave to file the brief our 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 being scheduled on the record on appeal and petitioner's brief without further notice. (By: JAC)
09/29/1998RESPONDENT'S MOTION FOR LEAVE TO FILE BRIEF
09/29/1998RECEIVED - Resp brief
10/05/1998ORDER GRANTING RESP MOTION FOR LEAVE TO FILE BRIEF, and the lodged brief of respondent is filed. It is F/O that this appeal shall be scheduled for consideration before a merits division as soon as the calendar permits. (BY: JAC)
10/05/1998RESPONDENT'S BRIEF
10/05/1998BRIEFS COMPLETED
10/16/1998FINAL SCREENING - SUMMARY CALENDAR I
03/29/1999CALENDAR NOTICE SENT
04/08/1999PETITIONER'S MOTION REQUESTING ORAL ARGUMENT and motion to file reply brief no later than 4/19 no oppo
04/08/1999MOTION(S) FEE PAID
04/13/1999ORDER GRANT PTNR MOTION REQUESTING ORAL ARGUMENT
04/13/1999ORDER GRANT PTNR MOTION FOR LV TO FILE REPLY BRIEF on or before 4/19/99. (GP)
04/14/1999PETITIONER'S REPLY BRIEF
05/18/1999FiledACTION - Argued / Submitted
05/18/1999ARGUED (TE,SC,KE) Frederic W. Schwartz Jr., Esquire, for appellant. Sheila Kaplan, Esquire, for appellee.
05/25/1999AFFIRMED MOJ (TE,SC,KE)
06/07/1999PTNT MO TO EXTEND TIME TO FILE PET FOR REG/REH EB to 6/28/99
06/07/1999MOTION(S) FEE PAID
06/08/1999RESPONDENT'S MISCELLANEOUS SUBSTANTIVE MOTION to publish
06/09/1999ORD GRT PTNR MO TO EXT TM TO FL PET FOR REH/REH EB on or before June 28, 1999. (WA)
06/17/1999PETITIONER'S OPPOSITION - to motion to publish
06/29/1999PTNR MO TO EXTEND TIME TO FL PETITION FOR REH/EB
07/06/1999RECEIVED - petitioner's petition for rehearing or rehearing enbabc
07/08/1999ORDER (TE,SC,KE) Appellee's motion for publication of this court's memorandum opinion and judgment filed 5/25/99 is denied as moot.
07/08/1999ORD GRT PTNR MO TO EXT TM TO FL PET FOR REH/REH EB and the Clerk is directed to file the lodged petition. (WA)
07/08/1999PTNR'S PETITION FOR REHEARING/REHEARING EN BANC
08/04/1999ORDER On consideration of petitioner's pet for reh/reh en banc, it is Ordered by the merits division that the petition for rehearing is granted only to the extent that this court's opinion filed 5/25/99 is amended: on page 4, 1st complete sentence after the words at some instant in time add , as long as the Board can reasonably find that such a job is potentially available. See 7 DCMR Sec. 2515.2 (e) (1986). Further Ordered that the petition for rehearing en banc is denied. (WATESTSCFARZRDGLWHKN)
09/27/1999MANDATE ISSUED