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United States Court Cases

District Of Columbia Court Of Appeals Record

FRED WARD, ETAL V. DORREE WALDBAUM LYNN

Case Information: 97-CV-1854
Short Caption:FRED WARD, ETAL V. DORREE WALDBAUM LYNNClassification:Appeals - Civil - Other Civil
Lead:97-CV-1854Consolidated: 97-CV-1897 , 97-CV-1970 , 98-CV-1690
Superior Court or Agency Case Number:CA5677-95Filed Date:11/10/1997

Opening Event Date:11/10/1997Case Status:Closed
Record Completed:02/12/1999Post-Decision Matter Pending:
Briefs Completed:
Argued/Submitted:
Disposition:Next Scheduled Action:
Mandate Issued:06/09/1999

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
Appellant-Cross-AppelleeFred Ward N
Lawrence H. Schwartz NN
Appellant-Cross-AppelleeBlue Planet Gems Inc.N
Lawrence H. Schwartz NN
Appellee-Cross-AppellantDorree Waldbaum Lynn N
Cary M. Feldman NN
James T. HeidelbachNY

Events
Event DateStatusDescriptionResult
11/10/1997NOTICE OF APPEAL
11/20/1997APPELLANT'S DOCKETING STATEMENT (RT has already been ordered)
11/20/1997$50.00 DOCKETING FEE
12/04/1997APPELLEE'S DOCKETING STATEMENT
01/20/1998ORDERED that this court's January 6, 1998, order to show cause in appeal no. 97-CV-1897 is discharged. F/O, sua sponte, that appeals nos. 97-CV-1854 and 97-CV-1897 are hereby consolidated for all purposes herein. (by: TEGAKN)
02/09/1998SUPPLEMENTAL RECORD - #1 (80 pgs/Pilgrim) 6/10/97 proc.
03/16/1998ORDERED that in appeal no. 97-CV-1897, appellants shall within 20 days from the date of this order, tender the $50 docketing fee and file the docketing statement with this court. It is F/O that appellants 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 shouls set forth good cause for the failure either to timely file the documents or to request an extension of time within which to to so. Failure to comply with this order shall subject this appeal to dismissal without further notice. See D.C. App. R. 14. (BY: GPJ)
03/24/1998APPELLEE'S ANSWER/RESPONSE - to 3/16/98 order
03/24/1998$50.00 DOCKETING FEE in 97-CV-1897.
03/31/1998ORDERED, sua sponte, that this court's order of March 16, 1998, is hereby vacated. It is F/O, sua sponte, that appeals nos. 97-CV-1854, 97-CV-1897 and 97-CV-1970 are consolidated for all purposes herein. It is F/O that, in appeal no. 97-CV-1970, 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 F/O that, in appeal no. 97-CV-1897, appellants shall, within 20 days from the date of this order, tender the $50 docketing fee and file the docketing statement with this court. It is F/O that appellants shall simultaneoulsy 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 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: AMW)
04/07/1998NOTICE RECEIVED- from aplt's attorney in 97cv1897 re: 3/31/98 order
04/07/1998APPELLEE'S ANSWER/RESPONSE (Lynn's) to 3/31/98 order
04/13/1998NOTICE--- of substitution of counsel
04/16/1998APPELLANT'S MOTION FOR LEAVE TO FILE DS,dr 97cv1970 (vvd) no oppo
04/16/1998RECEIVED- designation of record
04/16/1998$50.00 DOCKETING FEE
04/16/1998RECEIVED - aplt's docketing statement (No RTC) (vvd)
04/16/1998MOTION(S) FEE PAID
04/30/1998RECEIVED -counter designation of record (Doree Waldbaum Lynn) statement regarding transcript
05/06/1998NOTICE RECEIVED from Carol Tutera, Pro Se, that all notices and pleadings in this case be servered on her.
05/11/1998APPEARANCE - of James T. Heidelback, DOuglas S. Reinhart and Gebhardt & Smith LLP counsel on behalf of Dorree Waldbaum Lynn and Michael Lynn
05/12/1998ORDERED, sua sponte, that this court's order of March 31, 1998, is hereby vacated to the extent that it directed Dorree Waldbaum Lynn, et al., to tender the $50 docketing fee and file the docketing statement in appeal no. 97-CV-1897. It is (More)
05/12/1998ORDER GRANTING APLT MOTION FOR LEAVE TO FILE DS & DR, and the Clerk shall file the lodged docketing statement and designation of record in appeal no. 97-CV-1970, and the lodged designation of record and statement regarding transcript in appeal no. 97-CV-1854 and the lodged counter-designation of record and statement regarding transcript in appeal no. 97-CV-1897. (BY: AMW)
05/12/1998APPELLANT'S DOCKETING STATEMENT (97-CV-1970)
05/12/1998DESIGNATION OF RECORD (97-CV-1970)
05/12/1998DESIGNATION OF RECORD (97-CV-1854)
05/12/1998STATEMENT REGARDING TRANSCRIPT(S) (97-CV-1854)
05/12/1998COUNTER DESIGNATION OF RECORD (97-CV-1897)
05/12/1998STATEMENT REGARDING TRANSCRIPT(S) (97-CV-1897)
05/22/1998RECORD ON APPEAL (97CV1970)
05/22/1998SUPPLEMENTAL RECORD #1 (Rpt.Trans- 6/17/97 Proc.- 296 Pgs.-Rpt. L. Griffith).
05/22/1998SUPPLEMENTAL RECORD #2 (Rpt.Trans- 10/10/97 Proc.-42 Pgs.- Rpt. L. Griffith).
05/22/1998SUPPLEMENTAL RECORD #3 (Rpt.Trans-6/16,18,19/97 Proc.- 578 Pgs.-Rpt. D. Coney).
05/29/1998SUPPLEMENTAL RECORD #4 (Rpt.Trans-6/11/97 Proc.- 277 Pgs.-Rpt. M. Allison).
05/29/1998LETTER from aplt re rt's
05/29/1998SUPPLEMENTAL RECORD #5 (Rpt. Trans-6/23/97 Proc.- 228 Pgs. Rpt. M. Allison).
08/28/1998RECEIVED - aplts/aples mot to stay briefing schd
09/11/1998APPELLANT'S MOTION FOR STAY - briefing schedule cross aple
09/11/1998MOTION(S) FEE PAID
09/29/1998ORDER GRANTING APPELLANT MOTION FOR STAY, and this appeal is hereby stayed pending resolution of the motion for a new trial. It is F/O that, while this motion remains pending in the trial court, counsel for Blue Planet Gems, Inc., and Fred Ward shall advise this court every 3 months, with the next report due on December 1, 1998, as to the status of the proceedings in the triial court. Counsel for appellant shall advise this court in writing within 15 days after the disposition of the motion. If the trial court indicates that it is inclined to grant the requested relief, appellant shall file a motion to remand the case for entry of an appropriate order by the trial court. If the motion in the trial court is denied, review of that denial may be sought only by filing a separate notice of appeal, after which the appeals will be consolidated. See Smith v. Pollin, 194 F. 2d 349 (D.C. Cir. 1952). (BY: AMW)
09/29/1998error
10/05/1998APPELLEE'S MOTION FOR STAY -- briefing schedule
10/05/1998MOTION(S) FEE PAID
10/05/1998RECEIVED - motion for new trial filed in superior court
10/08/1998LETTER from atty Salerno stating that he will not be representing aple on appeal
10/26/1998STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
10/28/1998STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (Blue Planet Gems, Inc.)
11/05/1998APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION cross aple to consolidate appeals no oppo
11/05/1998MOTION(S) FEE PAID
11/19/1998$50.00 DOCKETING FEE
11/19/1998RECEIVED: Aplt's-x-appellees docketing statement (98-CV-1690) ee
12/28/1998PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED
12/28/1998ORDERED, sua sponte, that the stay entered by this court in appeals nos. 97-CV-1854 and 97-CV-1897, on September 29, 1998, is hereby vacated. It is (More)
12/28/1998ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION of Fred Ward, et al., to consolidated, and appeal no. 98-CV-1690 is consolidated with previously consolidated appeals nos. 97-CV-1854, 97-CV-1897 and 97-CV-1970 for all purposes herein. It is F/O that, in appeal no. 98-CV-1690, Fred Ward, et al., shall, within 20 days from the date of this order, tender the $50 docketing fee 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 F/O that appellants/cross-appellees 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 the documents or to request an extension of time within which to do so. Failure to comply with this order shall subject appeal no. 98-CV-1690 to dismissal without further notice. See D.C. App. R. 14. It is F/O that, in appeal no. 98-CV- 1690 the lodged docketing statement is hereby held in abeyance pending appellants/cross-appellees compliance with this court's order. It is (More)
12/28/1998ORDER DENYING APPELLEE MOTION FOR STAY, of Carol Tutera, as moot. (BY: AMW)
01/11/1999RECEIVED- motion for leave to file out of time and response to court's order of 12/28/98 (Pleadings need to be seperated)
01/13/1999NOTICE SENT - to attorney re: separation of pleading
01/28/1999APPELLANT'S MOTION FOR LEAVE TO FILE DR & SRT cross aple no oppo (98-CV-1690) ee
01/28/1999RECEIVED - designation of record and statement regarding transcripts
01/28/1999MOTION(S) FEE PAID
02/10/1999SUPPLEMENTAL RECORD - #6 (60 pgs/Hart) 2/13/96 proc.
02/10/1999SUPPLEMENTAL RECORD #7 (42-pgs/coney 6/20/97 proc.)
02/11/1999COPY OF SUPERIOR COURT LETTER to aplt's counsel dtd 2/5/99 re record pick-up
02/12/1999ORD GRANT APLT MOTION FOR LEAVE TO FILE DR & SRT and the lodged docketing statement, designation of record and statement regarding transcript are filed in appeal no. 98-CV-1690. It is F/O that, in appealno. 98-CV-1690, appellants/cross-appellees shall make the necessary arrangements to have the record on appeal transmitted to this court within 20 days from the date of this order. Failure to comply with this order shall subject appeal no. 98-CV-1690 to dismissal without further notice. See D.C. App. R. 11 and 14. (BY: GPJ)
02/12/1999APPELLANT'S DOCKETING STATEMENT (98-CV-1690) (No RT ordered)
02/12/1999DESIGNATION OF RECORD (98-CV-1690)
02/12/1999STATEMENT REGARDING TRANSCRIPT(S) (98-CV-1690)
02/12/1999RECORD ON APPEAL in 98-CV-1690
02/12/1999RECORD COMPLETED
04/06/1999ORDERED that the briefs shall be filed as follows: *Opening brief(s) of appellant(s)/cross-appellee (s), within 40 days from the date of this order; Responsive brief(s) of appellee(s)/cross-appellant (s), within 30 days from the date of service of the opening brief(s) of appellant(s)/cross-appellee (s); Reply brief(s) of appellant(s)/cross-appellee(s), within 21 days from the date of service of the responsive brief(s) of appellee(s)/cross-appellant; and Reply brief(s) of appellee(s)/cross-appellant(s), within 21 days from the date of service of the reply brief(s) of appellant(s)/cross-appellee(s). (By: GP)
04/29/1999STIPULATION TO DISMISS APPEAL
05/18/1999ORDER: These appeals are hereby dismissed. See D.C. App. R. 42 (b) (By: AMW)
05/18/1999DISMISSED
06/09/1999MANDATE ISSUED