DANIEL M. WEMHOFF V. WALRUS CORPORATION

Case Information: 98-CV-0674
Short Caption:	DANIEL M. WEMHOFF V. WALRUS CORPORATION	Classification:	Appeals - Civil - Other Civil
Superior Court or Agency Case Number:	CA11589-92	Filed Date:	04/11/1998
Opening Event Date:	04/11/1998	Case Status:	Closed
Record Completed:	09/29/1998	Post-Decision Matter Pending:
Briefs Completed:
Argued/Submitted:
Disposition:		Next Scheduled Action:
Mandate Issued:	04/04/2000

Events
Event Date	Status	Description	Result
04/11/1998		NOTICE OF APPEAL
04/30/1998		APPELLANT'S MOTION FOR LEAVE TO FILE DS & DR
04/30/1998		$50.00 DOCKETING FEE
04/30/1998		RECEIVED - docketing statement & DR
04/30/1998		MOTION(S) FEE PAID
05/13/1998		APPELLEE'S ANSWER/RESPONSE - to motion for leave of court in which to file docketing statement and designation of record on appeal
05/27/1998		RECEIVED - aplt's response to aplt's mot for leave of court to file ADS (late)
07/14/1998		ORDER: Grant motion of appellant for leave to file the docketing statement and designation of record, and the lodged docketing statement and designation of record are filed. FO that appellant shalk, within 20 days from the date of this ordr, file the statement regarding transcript. (By: AMW)
07/14/1998		APPELLANT'S DOCKETING STATEMENT
07/14/1998		DESIGNATION OF RECORD
07/23/1998		ORDER On consideration of the notice of appeal filed in the above-referenced matter, and in accordance with D.C. App. R. 7A (b), it is ORDERED that counsel for the parties shall appear before Senior Judge John W. Kern, III, for a status conference at 10:00 a.m. on Thursday, August 6, 1998, in the Catherine B. Kelly Hearing Room, located on the sixth Floor, 500 Indiana Avenue, N.W., Washington, D.C. to identify and narrow the issues on appeal, to discuss the status of record and transcript ordering and preparation, and to discuss other matters that may affect either the calendaring of the case or the efficient presentation of the issues on appeal. It is FURTHER ORDERED that counsel, for the appellant shall present to Senior Judge John W. Kern, III, copies of the designation of record, and statement regarding transcript, which copies shall be stamped by the Appeals Coordinator's Office to reflect that said documents have been filed in that office. Counsel shall also present at the status conference a copy of the docketing statement which is required to be filed in this court. See D.C. App. Rule 10 (a), 10(c) and 7A(a). Any such documents filed in this court more than 10 days after the filing of the notice of appeal must be accompanied by a motion for leave to file the documents out of time, and this court's motion fee. See D.C. App. R. 27. (AW)
07/28/1998		STATEMENT REGARDING TRANSCRIPT(S)
08/04/1998		STATEMENT -from aplt civil appeal statement
08/06/1998		CHANGE OF ADDRESS RECEIVED from Diana M. Savit, counsel for appellee's: Diana M. Savit 1233 20th Street, N.W. 8th Floor Washington, D.C. 20036
08/06/1998		SETTLEMENT CONFERENCE HELD
09/25/1998		RECORD ON APPEAL
09/29/1998		SUPPLEMENTAL RECORD - #1 (10 pgs/Holley) 3/23/98 proc.
09/29/1998		SUPPLEMENTAL RECORD - #2 (26 pgs/Holley) 3/23/98 proc.
09/29/1998		SUPPLEMENTAL RECORD - #3 (53 pgs/Holley) 3/23/98 proc.
09/29/1998		RECORD COMPLETED
10/02/1998		RECEIVED - ltr from APO to aplt's counsel re record pick-up
10/07/1998		ORDER: The brief of appellant 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: GP)
10/19/1998		RECEIVED - aplt's mot to include within the rec on appeal an affidavit (did not comply w/rule 27)
10/21/1998		APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to include affidavit as part of the record
11/13/1998		APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for 30 days
11/13/1998		MOTION(S) FEE PAID
11/16/1998		APPELLEE'S ANSWER/RESPONSE- to aplt's motion for enlargment of time to file brief
11/16/1998		APPELLEE'S MOTION FOR LEAVE TO FILE AN OPPOSITION to aplts motion to include within the record on appeal and affidavit by recipient of alleged libel
11/16/1998		RECEIVED - aple's oppo to aplt's motion to include within the record on appeal an affidavit by recipient of alleged libel
11/16/1998		MOTION(S) FEE PAID
12/01/1998		APPELLANT'S MOTION FOR LEAVE TO FILE A REPLY
12/01/1998		MOTION(S) FEE PAID
12/01/1998		RECEIVED - aplt's reply to aple's oppo to aplt's mot to include affidavit in record
12/07/1998		APPELLEE'S ANSWER/RESPONSE to aplt's mot for leave to file reply brief out of time
12/08/1998		TMC -taken off 2/1 by rmm - Aplt's motion to include an affidavit in the record on appeal - Aplt's motion to extend time to file brief - Aples' response to motion to extend time - Aples' motion for leave to file opposition to aplt's motion to include affidavit - Aples' opposition (lodged) - Aplt's motion for leave to file reply to aples' opposition to motion to include affidavit - Aplt's reply (lodged) - Aples' response to aplt's reply to aples' opposition to motion to include affidavit - Aplt's brief (lodged) - Aplt's motion to amend outstanding motion for further extension of time
12/18/1998		APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to amend outstanding motion for further extension of time
12/18/1998		MOTION(S) FEE PAID
12/24/1998		RECEIVED - aplt's brief
12/29/1998		NOTICE RECEIVED - asking to strike the apparance of Shelia Footer
01/06/1999		NOTICE of intent to fle summary disposition motionfiled by aple
02/01/1999		APPELLEE'S MOTION FOR SUMMARY AFFIRMANCE
02/02/1999		TMC - Aplt's motion for summary affirmance
02/19/1999		RECEIVED - amended mot to supp, rule 27 included in reference to aplt's earlier mot to supp filed 2/18/99.
02/19/1999		MOTION(S) FEE PAID
02/19/1999		APLT MOTION FOR LEAVE TO SUPPLEMENT THE RECORD
02/19/1999		APPELLANT'S MOTION FOR LEAVE TO FILE AN OPPOSITIONto aple's summary affirmance
02/19/1999		RECEIVED - aplt's opposition to aple's motion for summary affirmance or, altenatively, to strike aplt's brief
02/19/1999		MOTION(S) FEE PAID
03/01/1999		APPELLEE'S OPPOSITION to appellant's motion to supplement the record in response to appellee's motion related to the brief and record.
03/01/1999		APPELLEE'S OPPOSITION to aplt's mot to amendment to mot to supp and oppo to summary affirmance
03/02/1999		ORD GRANT APLE MOTION FOR LEAVE TO FILE OPPOSITION and the Clerk shall file the lodged opposition to aplt's motion t include within the record on appeal an affidavit by recipient of alleged libel. *** MORE ***
03/02/1999		ORDER DENYING APLT MISCELLANEOUS PROCEDURAL MOTION to include an affidavit within the record by recipient of alleged libel. *** MORE ***
03/02/1999		APPELLEE'S OPPOSITION to aplt's motion to include within the record on appeal an affidavit by recipient of alleged libel
03/02/1999		ORDER GRANT APLT MOTION FOR LEAVE TO FILE A REPLY to aple's opposition to aplt's motion to include within the record on appeal an affidavit by recipient of alleged libel. *** MORE ***
03/02/1999		APPELLANT'S REPLY to aple's opposition to aplt's motion to include within the record on appeal an affidavit by recipient of alleged libel
03/02/1999		ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION to amend outstanding motion for an extension of time. *** MORE ***
03/02/1999		ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF and the Clerk shall file the lodged brief of appellant. *** MORE ***
03/02/1999		APPELLANT'S BRIEF (Note: aplt's brief struck per this court's 3/2/99 order - D.C. App. R. 28 (e))
03/02/1999		ORD GRANT APLT MOTION FOR LEAVE TO FILE OPPOSITION and the Clerk shall file the lodged opposition to the motion for summary affirmance. *** MORE ***
03/02/1999		APPELLANT'S OPPOSITION to aple's motion for summary affirmance
03/02/1999		ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION to amend motion to supplement and opposition to motion for summary affirmance. *** MORE ***
03/02/1999		ORDER GRANTING APLE'S MOTION FOR SUMMARY AFFIRMANCE to the extent that it seeks to limit issues in the brief to the Superior Court's March 23 and March 27, 1998, orders. *** MORE ***
03/02/1999		ORDER GRANTING APPELLEE MOTION TO STRIKE appellant's brief, and the Clerk shall strike appellant's brief and appellant shall file a brief in conformity with D.C. App. R. 28 (e) within 10 days and the brief of appellee shall be filed within 30 days thereafter. *** MORE ***
03/02/1999		ORD GRANT APLT MO FOR LV TO SUPPLEMENT THE RECORD to the extent that Index B, C and D therein may be supplemented into the record and appellant shall make the necessary arrangements to have therse documents prepared and transmitted to this court as a supplemental record. (by: SCRDBE)
03/12/1999		APPELLANT'S BRIEF ***STRICKEN; see 4/30/99 ord***
03/15/1999		SUPPLEMENTAL RECORD #4 (attachment B -- transc ript of preliminary injunction before J. Suda on 12/16/92, attachment C-- transcript of judgment brefor J. Hedge on 3/23/98 attachement attachement D-- order J. Hedge dated 3/18/98 )
03/15/1999		APPELLEE'S MISCELLANEOUS PROCEDURAL MOTION for leave to file counter designate record and to designate additional transcript out of time
03/15/1999		RECEIVED - aple's counter designation
03/15/1999		MOTION(S) FEE PAID
03/15/1999		RECEIVED - statement regarding transcripts aple
03/23/1999		APLT MOTION FOR LEAVE TO SUPPLEMENT THE RECORD
03/23/1999		MOTION(S) FEE PAID
03/29/1999		APPELLEE'S ANSWER/RESPONSE to aplt's mot for leave to include supp records to coincide w/ aplt's consent to aple's mot to CDR
03/29/1999		APPELLEE'S MOTION TO STRIKE - brief
03/29/1999		MOTION(S) FEE PAID
03/30/1999		TMC - Aple's motion to strike aplt's brief - Aple's motion for leave to counter-designate record and additional transcript - Counter-designation of record (lodged) - Statement regarding additional RT (lodged) - Aplt's motion to supplement the record - Aplt's motion for reconsideration - Aple's response to motion for reconsideration - Aplt's reply to motion for reconsideration
04/01/1999		COPY OF SUPERIOR COURT LETTER: to aplt dtd 3/11/99 re supp record pick-up
04/09/1999		APPELLANT'S ANSWER/RESPONSE to aple's mot to strike aplt's brief
04/09/1999		APPELLANT'S MOTION FOR LEAVE TO FILE A REPLY to supp records
04/09/1999		MOTION(S) FEE PAID
04/09/1999		MOTION(S) FEE PAID
04/09/1999		RECEIVED - aplt's reply to aple's response to aplt's mot for leave to include supp record
04/09/1999		APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to revise briefing schd
04/09/1999		MOTION(S) FEE PAID
04/09/1999		APLT MOTION FOR LEAVE TO SUPPLEMENT THE RECORD to coincide with aplt's consent to aple's motion to counter designate the record out of time and to include that portion of aple's motion in limine successfully filed in aplt's revised brief
04/09/1999		MOTION(S) FEE PAID
04/09/1999		APPELLANT'S MOTION FOR RECONSIDERATION - of aples suggestion of the court's previous order to limit the appeal to trial court orders of 3/23 & 27/98
04/09/1999		MOTION(S) FEE PAID
04/14/1999		APPELLEE'S REPLY - to aplt's response to aple's motion to strike aplt's brief
04/16/1999		APPELLEE'S ANSWER/RESPONSE to aplt's mot for reconsideration of order of partial summ affirmacne
04/26/1999		APPELLANT'S REPLY to aple's response to aplt's mot for reconsideration of ord of partial summary affirmance
04/30/1999		ORDER GRANT APLE MISCELLANEOUS PROCEDURAL MOTION for leave to file, and the Clerk shall file the lodged documents. (More)
04/30/1999		COUNTER DESIGNATION OF RECORD
04/30/1999		STATEMENT REGARDING TRANSCRIPT(S) of appellee.
04/30/1999		ORDER DENY APLT MO FOR LV TO SUPPLEMENT THE RECORD (both motions). (More)
04/30/1999		ORDER DENY APLT MOTION FOR LEAVE TO FILE A REPLY. (More)
04/30/1999		ORDER GRANTING APPELLEE MOTION TO STRIKE appellant's brief. (More)
04/30/1999		ORDER DENY APPELLANT MOTION FOR RECONSIDERATION of this court's March 2, 1999, order. (More)
04/30/1999		ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION to revise the briefing schedule to the extent that appellant shall, within 30 days from the filing of the supplemental record, file a brief conforming with D.C. App. R. 28. FO that appellant's brief shall not contain reference to exhibits not found in the record or supplemental record nor shall the brief contain arguments related to the costs issue already affirmed by this court in its March 2, 1999, order. FO that failure to file a conforming brief may result in dismissal of this appeal pursuant to D.C. App. R. 14. (By: SC, RD, BE)
05/20/1999		SUPPLEMENTAL RECORD - #5 (13 pgs/tape) 12/1/92 proc.
06/04/1999		SUPPLEMENTAL RECORD - #6 (missing pleadings)
06/15/1999		SUPPLEMENTAL RECORD - #7 (62 pgs/tape) 3/4/98 proc.
07/09/1999		APPELLANT'S BRIEF ** Aplt's brief strick per 8/25/99 order **
07/23/1999		APPELLEE'S MOTION TO STRIKE brief and dismiss appeal and for summary affirmance
07/23/1999		MOTION(S) FEE PAID
07/26/1999		TMC - Aples' motion to strike appellant's brief - Aplt's opposition to motion to strike - Aple's reply
08/04/1999		APPELLANT'S OPPOSITION - to aple's motion to strike brief, to dismiss appeal and for summary judgment
08/09/1999		APPELLEE'S REPLY to aplt's oppo to mot to strike brief, to dismiss appeal and for summary affir- mance
08/25/1999		ORDER GRANTING APPELLEE MOTION TO STRIKE appellant's brief, and the Clerk shall strike the brief of appellant from the docket. F/O that appellant shall, within 20 days from the date of this order file a brief conforming with D.C. App. R. 28. F/O that appellant's brief shall not contain reference to exhibits not found in the record or supplemental record nor shall the brief contain arguments related to the costs issue already affirmed by this court in its March 2, 1999 order. F/O that failure to file a conforming brief shall result in dismissal of this appeal pursuant to D.C. App. R. 14. *** MORE ***
08/25/1999		ORDER DENY APLE MOTION TO DISMISS/WITHDRAW APPEAL *** MORE ***
08/25/1999		ORDER DENY APPELLEE MOTION FOR SUMMARY AFFIRMANCE (by: SCRDBE)
09/14/1999		APPELLANT'S BRIEF
09/30/1999		APLT MOTION FOR LV TO FILE AMENDED/CORRECTED BRIEF
09/30/1999		RECEIVED - aplt's corrected brief
09/30/1999		MOTION(S) FEE PAID
10/04/1999		MISCELLANEOUS - stipulation of consent to aplt's previously filed motion tofile a correccted brief
10/05/1999		APPELLEE'S ANSWER/RESPONSE - to aplt's motion to file corrected copy of aplt's previously revised brief with the court
10/13/1999		ORD GRT APLT MO FOR LV TO FL AMENDED/CORRECTED BRF and the lodged corrected brief of appellant is filed. It is F/O that the brief of appellee shall be filed on or before October 28, 1999. (BY: GPJ)
10/13/1999		APPELLANT'S AMENDED/CORRECTED BRIEF
10/27/1999		APPELLEE'S MOTION TO DISMISS/WITHDRAW APPEAL
10/27/1999		MOTION(S) FEE PAID
10/28/1999		TMC - Aple's motion to dismiss appeal - Aplt's opposition to motion to dismiss - Aple's reply to opposition to motion to dismiss
11/12/1999		RECEIVED - aplt's oppo to aple's mot to dismiss appeal.
11/12/1999		APPELLEE'S ANSWER/RESPONSE - to aplt's oppositionto motion to dismiss appeal
11/18/1999		RECEIVED - aplt's motion to include missing page (rule 27 needed) (notice sent to aplt)
11/19/1999		ORDER GRANTING APPELLEES MOTION TO STRIKE and the Clerk shall strike the brief of appellant. *** MORE ***
11/19/1999		ORDER GRANT APLE MOTION TO DISMISS/WITHDRAW APPEAL and this appeal is hereby dismissed. (by: SCRDBE)
11/19/1999		DISMISSED
12/10/1999		APPELLANT'S MOTION FOR RECONSIDERATION
12/10/1999		RECEIVED - affidavit of aplt & mot to supp the record
12/10/1999		MOTION(S) FEE PAID
12/10/1999		MOTION(S) FEE PAID
12/10/1999		RECEIVED- aplt's revised brief motion for leave to file needed
12/10/1999		RECEIVED-- letter from atty Savit regarding the filing of motion of aplt for reconsideration.
12/14/1999		APPELLANT'S MOTION FOR LEAVE TO FILE BRIEF for reconsideration and or clarification and motion to supplement the record
12/14/1999		MOTION(S) FEE PAID
12/15/1999		APPELLANT'S MISCELLANEOUS SUBSTANTIVE MOTION for leave of court to file petition for rehearing en banc as part of his outstanding motion to supplement the designated record and for reconsideration of dismissal and/or motion for clarification
12/15/1999		RECEIVED - revised brief
12/27/1999		APPELLEE'S OPPOSITION to aplt's mot for pet for reh an banc
12/27/1999		APPELLEE'S OPPOSITION to aplt's mot for leave to accept aplt's previously filed mot for re- consideration/clarification.
03/16/2000		APPELLANT'S MOTION FOR RECONSIDERATION and/or clarification
03/16/2000		APLT MOTION FOR LEAVE TO SUPPLEMENT THE RECORD (renewed motion)
03/16/2000		APPELLANT'S PETITION FOR REHEARING EN BANC
03/16/2000		ORDER DENYING APLT PETITION FOR REHEARING EN BANC (also ordered by the merits division that aplt's motion for leave to file motion for reconsidera- tion and/or clarification and the renewed motion to supplement the record are granted and the Clerk is directed to file the lodged motions. Further Ordered by the merits division that the motion for reconsideration and/or clarification and the renewed motion to supplement the record are denied. Further Ordered that aplt's motion to file the lodged petition is granted and the Clerk is directed to file the lodged petition for rehearing en banc. Further Ordered that the petition for rehearing en banc is denied. (Judge Reid would grant aplt's motion for reconsideration and/or clarification and the renewed motion to supplement the record.) (WATESTSCFARZRDGLWHBE)
04/04/2000		MANDATE ISSUED