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United States Court Cases

District Of Columbia Court Of Appeals Record

STEPHEN R. BATHON V. JOSEPH F. CUNNINGHAM ET AL.

Case Information: 96-CV-0004
Short Caption:STEPHEN R. BATHON V. JOSEPH F. CUNNINGHAM ET AL.Classification:Appeals - Civil - Other Civil
Lead: 95-CV-1784 Consolidated:96-CV-0004
Superior Court or Agency Case Number:CA8134-91Filed Date:01/03/1996

Opening Event Date:01/03/1996Case Status:Closed
Record Completed:08/15/1996Post-Decision Matter Pending:
Briefs Completed:10/02/1997
Argued/Submitted:04/02/1998
Disposition:Next Scheduled Action:
Mandate Issued:03/24/1999

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
Appellant-Cross-AppelleeStephen R. Bathon N
Steven M. Pavsner YN
Appellee-Cross-AppellantJoseph F. Cunningham NPro SeN
Appellee-Cross-AppellantDonald Cheatham NPro SeN

Events
Event DateStatusDescriptionResult
01/03/1996NOTICE OF CROSS-APPEAL
01/04/1996APPLT-X-APPELLEE docketing statement
01/04/1996$50.00 DOCKETING FEE
01/04/1996DESIGNATION OF RECORD
01/04/1996STATEMENT REGARDING TRANSCRIPT(S)
02/27/1996ORDER, SUA SPONTE, CONSOLIDATING APPEALS nos. 95-CV-1784 and 96-CV-4 are consolidated for all purposes herein. (By JAC)
03/01/1996APPELLEE'S MOTION TO DISMISS/WITHDRAW APPEAL and cross-appeal.
03/01/1996MOTION(S) FEE PAID
03/11/1996APPELLANT'S OPPOSITION to motion to dismiss appeal for 95 CV 1784 & 96 CV 4
03/14/1996APPELLEE'S REPLY to appellant opposition to motion to dismiss appeal for 95 CV 1784 & 96 CV 4
03/20/1996APPELLANT'S OPPOSITION - Cheatham's joinder i oppositon to motion to dismiss appeal and cross appeal
03/28/1996TMC - Appellee's motion to dismiss appeal & Cross appeal; - Appellant's Joseph Cunningham oppo to motion to dismiss; - Appellee's reply to Cunnigham's oppo to motion to dismiss; - Appellant Cheatham joinder in oppo to motion to dismiss. - Aple's motion for leave to file a supplement to motion to dismiss the appeal and cross-apeal - Supplement to motion to dismiss the appeal and cross-appeal - Aplt's supplemental oppo to motion to dismiss appeal
08/07/1996RECEIVED -supplement to motion to dismiss the appeal and cross appeal need to file a motion to file supplement
08/08/1996RECEIVED - ltr from aple/cross-aplt to Mr. Pavsnerre incomplet record
08/12/1996APPELLEE'S MISCELLANEOUS PROCEDURAL MOTION for leave to file a supplement to motion to dismiss the appeal and cross appeal
08/12/1996RECEIVED - supplement to motion to dismiss the appeal and cross appeal
08/12/1996RECEIVED - supplemental opposition to aple's motion to dismiss appeal
08/12/1996MOTION(S) FEE PAID
08/14/1996SUPPLEMENTAL RECORD #1 (Pleadings filed in the Superior Court)
08/15/1996RECORD ON APPEAL
08/15/1996RECORD COMPLETED
01/21/1997ORDER GRANT APLE/APLT MISCELLANEOUS PROCEDURAL MOTION for leave to file a supplement, and the Clerk shall file the lodged supplement to the motion to dismiss appeal. (by: FERZPY)
01/21/1997ORDER DENY APLE/APLT MOTION TO DISMISS/WITHDRAW APPEAL AND CROSS-APPEAL. F/O that the records in these appeal are remanded to the trial court for a final judgment to be entered. (by: FERZPY)
01/21/1997CASE STAYED (records remanded)
03/25/1997ORDERED that counsel for appellant shall advise this court every 3 months, with the next report due on July 1, 1997, as to the status of the proceedings in the trial court. Counsel for appellant shall advise this court within 15 days from the date of a final judgment is entered in the trial court. (by: PINKSTON)
05/19/1997LETTER from aplt requesting a briefing schd
06/05/1997APPELLANT'S ANSWER/RESPONSE - to January 21, 1997 order)
07/14/1997TMC - Aplt's response to January 21, 1997, order
07/24/1997ORDERED that the Clerk of Superior Court shall prepare and transmit the final judgment entered by the trial court on February 20, 1997, to this court as a supplemental record forthwith. It is FURTHER ORDERED that the brief of appellants/cross-appellees shall be filed within 40 days from the date of this order, and the brief of appellee/cross-appellant shall be filed within 30 days thereafter. (BY: FERZPY)
08/29/1997SUPPLEMENTAL RECORD #2 (supplemental pleadings)
08/29/1997APLT-X-APLE MOTION TO EXTEND TIME TO FILE BRIEF to 10/2/97
08/29/1997MOTION(S) FEE PAID
09/02/1997RECEIVED - aplt's cross aple brief
09/30/1997PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED
09/30/1997ORDER: ss, that the stay entered in these appeals is vacated. (MORE)
09/30/1997ORDER GRANT APLTS-X-APLES MO TO EXT TM TO FILE BRIEF and the Clerk shall file the lodged brief ofaplts-x-aples. FO that the responsive brief of aple-x-aplt, shall be filed within 30 days from the date of service of the opening brief of aplts-x-aples; reply brief of aplts-x-aples, within 21 days from the date of service of the responsive brief of aple-x-aplt; and reply brief of aple-x-aplt, within 21 days from the date of service of the reply brief of aplts-x-aples. (By: AMW)
09/30/1997APPELLANT/CROSS-APPELLEE'S BRIEF
10/02/1997APPELLEE/CROSS-APPELLANT'S BRIEF
10/02/1997BRIEFS COMPLETED
10/08/1997SUPPLEMENTAL RECORD #2 (copies od attached exhibits to defendent's motion for sanctions, and copy of designation of record)
10/10/1997FINAL SCREENING - REGULAR CALENDAR
10/10/1997LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING
10/15/1997LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING (aple-cross-aplt)
10/22/1997COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS Granted
10/22/1997MOTION(S) FEE PAID
10/28/1997APPELLANT-CROSS-APPELLEE REPLY BRIEF
11/12/1997APPELLEE-CROSS-APPELLANT REPLY BRIEF
11/18/1997RECEIVED - aple's and cross aple motion for leave to file sur reply brief with sur-reply brief of aplt's and cross aple's need to comply with rule 27 on motion to file
11/20/1997LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
11/25/1997NOTICE SENT - to aplt cross aple attorney re: rule 27 on motion to file sur reply
12/01/1997APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION cross aple for leave to file sur reply brief
12/01/1997MOTION(S) FEE PAID
12/01/1997RECEIVED -sur-reply brief of aplt's and cross aple's
12/08/1997APPELLEE/CROSS-APPELLANT'S OPPOSITION to the motion of appellant/cross-appellee for leave to file a sur-reply brief. (vvd)
01/30/1998ORDER: Grant the motion of counsel for appellant to withdraw is granted, and the Clerk shall withdraw the appearance of John W. Montgomery, Esquire, as counsel for appellee/cross-appellant Joseph F. Cunningham. (MORE)
01/30/1998ORDER DENYING APLT MISCELLANEOUS PROCEDURAL MOTION of appellants/cross-appellees Cunningham and Cheatham for leave to file sur-reply brief. (By: JAT Acting Chief Judge)
04/02/1998FiledACTION - Argued / Submitted
04/02/1998ARGUED (FA,RU,BE) Joseph F. Cunningham, Esquire, for appellant. STeven M. Pavsner, Esquire, for appellee.
11/05/1998REVERSED AND REMANDED Opinion
11/16/1998APLT'S PETITION FOR REHEARING/REHEARING EN BANC cross aple
11/23/1998ORDER that appellee/cross-appellant, within 20 days from the date of this order, shall file a response to pet for reh/reh en banc (10 copies). (WA)
12/03/1998APPELLANT'S ANSWER/RESPONSE - cross aple to petition for rehearing or rehearing en ban
12/14/1998RECEIVED - reply to opposition to petition for rehearing or rehearing en banc (motion for leave to late file reply)
12/22/1998NOTICE SENT - to Attorney Cunningham re: motio to late file reply
01/28/1999RECEIVED- praecipe filed by: Joseph F. Cunningham sent back
03/12/1999APPELLANT'S REPLY to opposition to petition
03/12/1999ORD DENY APPELLANT'S PETITION FOR REH/REH EN BANC (petition of appellants/cross-appellees) (WATESTSCFARZRDBE)
03/24/1999MANDATE ISSUED