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United States Court Cases

District Of Columbia Court Of Appeals Record

RAPHAEL EVITA V. CABS INC., ET AL.

Case Information: 98-CV-1527
Short Caption:RAPHAEL EVITA V. CABS INC., ET AL.Classification:Appeals - Civil - Contracts
Superior Court or Agency Case Number:CA6754-97Filed Date:10/20/1998

Opening Event Date:10/20/1998Case Status:Closed
Record Completed:02/25/1999Post-Decision Matter Pending:
Briefs Completed:06/21/1999
Argued/Submitted:01/19/2000
Disposition:Next Scheduled Action:
Mandate Issued:07/09/2002

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantEvita Et Al., RaphaelN
Clement Theodore Cooper YN
AppelleeCabs Inc.N
Pat G. SenftleYY
AppelleeAndrew Schaeffer N
Pat G. SenftleYY
AppelleeGerald Schaeffer N
Pat G. SenftleYY

Events
Event DateStatusDescriptionResult
10/20/1998NOTICE OF APPEAL
11/03/1998 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 10:20 a.m. on Friday, November 20, 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 reclect 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. Rules 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. Failure to appear or to present these documents shall constitute grounds for dismissal of the appeal(s) and other appropriate sanctions. (AMW)
11/09/1998ORDER: 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 or to request an extension of time within which to do so. Failure to comply with this order shall rslt in the dismissal of this appeal. See D.C. App. R. 14. (By: GP)
11/12/1998APPELLANT'S MOTION FOR LEAVE TO FILE DS
11/12/1998RECEIVED - aplt's docketing statement, DR & SRT
11/12/1998MOTION(S) FEE PAID
11/12/1998$50.00 DOCKETING FEE
11/18/1998COUNTER DESIGNATION OF RECORD
11/18/1998RECEIVED - aple's docketing statement
11/30/1998ORDER: Grant motion of appellant for leave to file the docketing statement, and the lodged docketing statement of appellees, appellant's designation of recrod and statement regarding transcript, and the lodged docketing statement, lodged docketing statement of appellees, appellant's designation of record and statement regarding transcript are filed. (By: GP)
11/30/1998APPELLANT'S DOCKETING STATEMENT
11/30/1998DESIGNATION OF RECORD
11/30/1998STATEMENT REGARDING TRANSCRIPT(S)
11/30/1998APPELLEE'S DOCKETING STATEMENT
12/04/1998SETTLEMENT CONFERENCE HELD
12/17/1998COPY OF SUPERIOR COURT LETTER to appellant to pick up record dated Nov. 24, 98. ta
12/21/1998ORDER: Appellant shall, within 10 days from the date of this order, make the necessary arrangements to have the record on appeal transmitted to this court. Failure to comply with this order shall subject this appeal to dismissal without further notice. See D.C. App. R. 11 and 14. (By: GP)
01/04/1999APPELLEE'S MOTION TO DISMISS/WITHDRAW APPEAL for lack of jurisdiction.
01/05/1999APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for leave to file record on appeal, time having expired.
01/05/1999RECEIVED record on appeal
01/05/1999TMC - Aple's motion to dismiss appeal for lack of jurisdiction - Aplt's opposition - Aples' reply
01/15/1999APPELLANT'S OPPOSITION to appellee's motion to dismiss for lack of jurisdiction.
01/19/1999NOTICE RECEIVED - from aplt re: intent to file motion for summary reversal of trial court's court purssuant to D.C.C.A.R. 27 (g)
01/19/1999APPELLEE'S ANSWER/RESPONSE -to aplt's opp to motion to dimiss ( Cabs, Inc. & Gerald and Andrew Schaeffer)
02/25/1999RECORD CONTAINS NO TRANSCRIPTS
02/25/1999ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION for leave to file record, and the Clerk shall file the lodged record. *** MORE ***
02/25/1999RECORD ON APPEAL
02/25/1999ORDER DENY APLE MOTION TO DISMISS/WITHDRAW APPEAL without prejudice to appellees renewing the judisdictional issues in their brief. F/O that the brief of appellants shall be filed within 40 days from the date of this order, and the brief of appellees shall be filed within 30 days thereafter. (by: RDKNMK)
02/25/1999RECORD COMPLETED
04/06/1999APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to amend caption
04/06/1999MOTION(S) FEE PAID
04/06/1999APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 20 days
04/06/1999MOTION(S) FEE PAID
04/15/1999APPELLANT'S OPPOSITION - to aple's motion for leave to amend caption
04/19/1999TMC - Aplt's motion to amend caption - Aple's opposition - Aplt's motion to extend time to file brief
04/30/1999APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 5 days
04/30/1999MOTION(S) FEE PAID
05/03/1999APPELLANT'S MOTION FOR LEAVE TO FILE BRIEF
05/03/1999RECEIVED - aplt's brief
05/03/1999MOTION(S) FEE PAID
05/12/1999ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF and for leave to file brief, and the Clerk shall file the lodged brief of appellants. F/O that the brief of appellees shall be filed not later than June 7, 1999. (by: RDKNMK)
05/12/1999ORDER DENYING APLT MISCELLANEOUS PROCEDURAL MOTION to amend caption. *** MORE ***
05/12/1999APPELLANT'S BRIEF
06/07/1999APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to 6/17/99
06/07/1999MOTION(S) FEE PAID
06/11/1999RECEIVED - aple's brief
06/21/1999ORDER: Grant consent motion of appellees for leave to file the lodged brief, and the brief of appellees is filed. It is FURTHER ORDERED that this appeal shall be scheduled for consideration as soon as the calendar permits. (By: GP)
06/21/1999APPELLEES BRIEF
06/21/1999BRIEFS COMPLETED
07/12/1999FINAL SCREENING - REGULAR CALENDAR
07/19/1999LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING
01/19/2000FiledACTION - Argued / Submitted
01/19/2000ARGUED (WG,TE,FA) Clement Theodore Cooper, Esq., for appellant. Patrick G. Senftle, Esq., for appellee.
03/08/2002AFFIRMED moj (WG,TE,FA)
03/19/2002APLT'S PETITION FOR REHEARING/REHEARING EN BANC
04/05/2002APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for leave to file supp to pet for reh/reh en banc.
04/05/2002MOTION(S) FEE PAID
04/05/2002RECEIVED - aplt's supp to pet for reh/reh en banc
06/26/2002ORD DENY APPELLANT'S PETITION FOR REH/REH EN BANC also deny appellant's motion for leave to supplement the petition. (EB)
07/09/2002MANDATE ISSUED