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United States Court Cases

District Of Columbia Court Of Appeals Record

DISTRICT OF COLUMBIA V. HOME INDEMNITY COMPANY

Case Information: 97-CV-1968
Short Caption:DISTRICT OF COLUMBIA V. HOME INDEMNITY COMPANYClassification:Appeals - Civil - Other Civil
Lead: 97-CV-1967 Consolidated:97-CV-1968, 97-CV-1993 , 97-CV-1994 , 97-CV-1995 , 97-CV-1996 , 97-CV-1997 , 98-CV-0264 , 98-CV-0265 , 98-CV-0266 , 98-CV-0267 , 98-CV-0268 , 98-CV-0269 , 98-CV-0292 , 98-CV-0411 , 98-CV-0412
Superior Court or Agency Case Number:CA278-95Filed Date:12/05/1997

Opening Event Date:12/05/1997Case Status:Closed
Record Completed:09/29/1998Post-Decision Matter Pending:
Briefs Completed:12/15/1999
Argued/Submitted:06/09/2000
Disposition:Next Scheduled Action:
Mandate Issued:08/18/2000

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantDistrict of ColumbiaN
Charles L. Reischel NN
Edward E. SchwabYY
AppelleeHome Indemity CompanyN
Paul M. Finamore NN

Events
Event DateStatusDescriptionResult
12/05/1997NOTICE OF APPEAL
02/18/1998APPELLANT'S MOTION TO CONSOLIDATE w/97-CV-1967, 97-CV-1993, 97-CV-1994, 97-cv-1995, 97-CV-1996 & 97-CV-1997
02/18/1998APPELLANT'S MOTION FOR LEAVE TO FILE DS
02/18/1998RECEIVED - ADS
04/20/1998ORDER GRANTING APPELLANT'S MOTIONS TO CONSOLIDATE and appeals nos. 97-CV-1967, 97-CV-1968, 97-CV-1993, 97-CV-1994, 97-CV-1995, 97-CV-1996, 97-CV-1997, 98-CV-264, 98-CV-265, 98-CV-266, 98-CV-267, 98-CV-268, 98-CV-269, 98-CV-292, 98-CV-411 and 98-CV-412 are consolidated for all purposes herein. It is (M O R E )
04/20/1998ORDER GRANTING APLT MOTION FOR LEAVE TO FILE DS and the Clerk shall file the lodged docketing statements in appeals nos. 97-CV-1967, 97-CV-1968, 97-CV-1993, 97-CV-1994, 97-CV-1995, 97-CV-1996 and 97-CV-1997. It is ( M O R E )
04/20/1998APPELLANT'S DOCKETING STATEMENT - 97-CV-1967
04/20/1998APPELLANT'S DOCKETING STATEMENT 97-CV-1968
04/20/1998APPELLANT'S DOCKETING STATEMENT - 97-CV-1993
04/20/1998APPELLANT'S DOCKETING STATEMENT - 97-CV-1994
04/20/1998APPELLANT'S DOCKETING STATEMENT - 97-CV-1995
04/20/1998APPELLANT'S DOCKETING STATEMENT - 97-CV-1996
04/20/1998APPELLANT'S DOCKETING STATEMENT - 97-CV-1997
04/20/1998ORDERED: Appellant shall, in appeals nos. 97-CV-1967, 97-CV-1968 and 97-CV-1996. within 20 days from the date of this order, file the DR & SRT with the Sup. Court, Office of Appeals Coordinator, Room 3148, and shall simultaneously file a copy of those documents with this court, accompanied by a motion for leave to file the documents out of time. 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 appeals nos. 97-CV-1967, 97-CV-1968 and 97-CV-1996 to dismissal without further notice. See D.C. App. R. 14. It is ( M O R E )
04/20/1998ORDERED: Appellant shall, within 20 days from th e date of this order, in appeals nos. 98-CV-264, 98-CV-265, 98-CV-266, 98-CV-267, 98-CV-268, 98-CV-269 & 98-CV-292, file the docketing statements with this court, and file the designations of record and statement regarding transcript with the Superior Court, Office of Appeals Coordinator, Room 3148. It is F/Ordered that appellant shall simultaneously file a copy of those documents with this court, accompanied by a motion for leave tofile the documents out of time. The motion should set forth good cause for the failure either to timely file the documents or to request an extensionof time within which to do so. Failure to comply with this order shall subject appeals nos. 98-CV-264, 98-CV-265, 98-CV-266, 98-CV-267, 98-CV-268, 98-CV-269 and 98-CV-292 to dismissal without further notice. See D.C. App. R. 14. It is (M O R E)
04/20/1998F/ORDERED that appellees/cross-appellants shall, within 20 days from the date of this order, in appeals nos. 98-CV-411 and 98-CV-412 tender the $50 docketing fees and file the docketing statements with this court, and file the designations of record and statements regarding transcript with the Superior Court, Office of Appeals Coordinator, Room 3148. It is F/Ordered that appellees/cross-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 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 appeals nos. 98-CV-411 and 98-CV-412 to dismissal without further notice. See D.C. App. R. 14 (By: AMW)
04/28/1998RECORD ON APPEAL for 97cv1968 & 98cv264
05/12/1998APPELLANT'S MOTION FOR LEAVE TO FILE DS no oppo for 98cv266
05/12/1998RECEIVED - designation of record statement regarding transcripts aplt's docketing statement 98cv266
05/12/1998RECEIVED - aplt's motion for leave to file documents late 98cv 411, 98cv412 need to comply with rule 27
05/12/1998RECEIVED - docketing statement statement regarding transcripts
05/18/1998NOTICE SENT - to aplt's attorney re: rule 27 on mtion to late file documents and fees
06/03/1998ORDERED: that appellees/cross-appellant shall in appeals nos. 98-CV-411 & 98-CV-412, within 15 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/ORDERED that appellees/cross-appellants shallsimultaneously 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 appeals nos. 98-CV-411 and 98-CV-412to dismissal without further notice. See D.C. App. R. 14. It is (more)
06/03/1998ORDER: Grant motion of appellant for leave to file the lodged designation of record and statement regarding transcript and the designation of record and statement regarding transcript are filed in appeals nos. 97-CV-1967. 97-CV-1968 and 97-CV-1996 and the lodged docketing statement statement, designation of record and statement regarding transcript are filed in appeals nos. 98-CV-264, 98-CV-265 98-CV-266, 98-CV-267, 98-CV-268, 98-CV-269 and 98-CV-292 (BY: JAC)
06/03/1998DESIGNATION OF RECORD - 97-CV-1967
06/03/1998STATEMENT REGARDING TRANSCRIPT(S) - 97-CV-1967
06/03/1998DESIGNATION OF RECORD - 97-CV-1968
06/03/1998STATEMENT REGARDING TRANSCRIPT(S) - 97-CV-1968
06/03/1998DESIGNATION OF RECORD - 97-CV-1996
06/03/1998STATEMENT REGARDING TRANSCRIPT(S) - 97-CV-1996
06/03/1998APPELLANT'S DOCKETING STATEMENT - 98-CV-264, 98-CV-265, 98-CV-266, 98-CV-267, 98-CV-268, 98-CV-269 and 98-CV-292.
06/03/1998DESIGNATION OF RECORD - 98-CV-264, 98-CV-265, 98-CV-266, 98-CV-267, 98-CV-268, 98-CV-269 and 98-CV-292
06/03/1998DESIGNATION OF RECORD (D.C.)
06/03/1998STATEMENT REGARDING TRANSCRIPT(S) (D.C.)
06/09/1998SUPPLEMENTAL RECORD#1 (232-pgs/ramos 11/25/96 proc.)
06/09/1998RECORD ON APPEAL for 98cv265 and 97-CV-1994
06/09/1998RECORD ON APPEAL in 98-CV-268 and 97-CV-1993
06/10/1998RECORD ON APPEAL in 97-CV-1997 & 98-CV-267
06/11/1998RECORD ON APPEAL in 98-CV-292 and 97-CV-1995
06/15/1998RECORD ON APPEAL 97-CV-1967, 98-CV-269 & 98-CV-411
07/08/1998SUPPLEMENTAL RECORD #2 (667-pgs/whalin 11/19-21/96 proc.)
07/17/1998ORDERED that appeals nos. 98-CV-411 and 98-CV-412 are hereby dismissed. See D.C. App. R. 14. (By: AMW.)
07/20/1998SUPPLEMENTAL RECORD #3 (39 pgs. -- Ramos) (12/2/96 proc.)
07/29/1998RECORD ON APPEAL for 98cv 266, 97-CV-1996 & 98-CV-412
07/30/1998ORDER GRANT APPELLANT MOTION TO REINSTATE APPEAL and appeals no. 98-CV-411 and 98-CV-412 are hereby reinstated, and the Clerk shall file the lodged motion for leave to file the documents out of time. It is (MORE)
07/30/1998APPELLANT'S MOTION FOR LEAVE TO FILE docketing statement, designation of record and statement regarding transcript.
07/30/1998ORDER: Grant motion of appellant for leave to file the docketing statement, designation of record and statement regarding transcript and the Clerk shall file the ADS, DR & SRT. in appeals nos. 98-CV-411 and 98-CV-412. It is (MORE)
07/30/1998APPELLANT'S DOCKETING STATEMENT 98-CV-411 & 98-CV-412
07/30/1998DESIGNATION OF RECORD 98-CV-411 & 98-CV-412
07/30/1998STATEMENT REGARDING TRANSCRIPT(S) 98-CV-411 & 98-CV-412
07/30/1998STATEMENT(of appellees/cross-appellants construed as a motion to supplement the record.)
07/30/1998F/ORDERED that the motion to supplement the record is granted, and appellees/cross-appellants shall make the necessary arrangements to have the items specified in appelees/cross-appellants' motion prepared and transmitted to this court as a supplemetal record forthwith. (By: AMW)
07/31/1998COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS aple cross aplt and to enter appearance of counsel of counsel Granted
07/31/1998MOTION(S) FEE PAID
08/07/1998ORD GRT COUNSEL MO TO WITHDRAW FOR BUSINESS REASON and the appearance of Gregory R. Black, Esquire, is hreby withdrawn, and Jason P. Fieger, Esquire, is entered as counsel for appellees/cross-appellants herein. (By: AMW)
09/29/1998SUPPLEMENTAL RECORD #1 (50-pgs/tape 12/6/96 proc.)
09/29/1998RECORD COMPLETED
02/02/1999ORDERED that the briefs shall be filed as follows: *Opening brief(s) of appellant(s)/cross-appellee (s) the District of Columbia in appeals numbers 97-CV-1967, 97-CV-1996, 98-CV-266, 98-CV-269, 98-CV-411 and 98-CV-412, and the opening brief for appellant the District of Columbia's remaining appeals within 40 days from the date of this order; Responsive brief of appellees/cross-appellants Arnold & Porter, et al., in appeals number 97-CV-1967, 97-CV-1996, 98-CV-266, 98-CV-269, 98-CV-411 and 98-CV-412, and the responsive briefs of all remaining appellees within 30 days from the date of service of the opening brief of appellant/cross-appellee theDistrict of Columbia; and Reply brief of appellant/cross-appellee the District of Columbia in appeal numbers 97-CV-1967, 97-CV-1996, 98-CV-266, 98-CV-269, 98-CV-411 and 98-CV-412, and the reply brief of appellant the District of Columbia's remaining appeals within 21 days from the date of service of the responsive briefs of appellees/cross-appellants and the remaining appeals; and Reply brief of appellees/cross-appellants Arnold & Porter, et al., only, within 21 days from the date of service of the reply brief of appellant/cross-appellee the District of Columbia. (By: JAC)
03/11/1999APLT-X-APLE MOTION TO EXTEND TIME TO FILE BRIEF (DC) to 5/20/99 (vvd)
03/24/1999COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS (for Arnold & Porter and CNA Insurance Co. as aples-x-aplts, and CNA Insurance Co. and Artemis, Inc., as aples.) (vvd) Granted
05/20/1999APLT-X-APLE MOTION TO EXTEND TIME TO FILE BRIEF to 6/21/99
07/07/1999ORD GRT COUNSEL MO TO WITHDRAW FOR BUSINESS REASON, and the Clerk shall withdraw the appearance of Jason P. Fieger, Esquire, as counsel for Arnold & Porter and Shana, Inc., t/u/o CNA Insurance Companies, and shall enter the appearances of Jeffrey R. Schmieler, Esquire, and Robert S. Reverski, Jr., Esquire, as counsel for the same. The Clerk shall also withdraw the appearance of Gregory R. Black, Esquire, as counsel for Artemis, Inc., and E.L. Foods, Inc., t/u/o CNA Insurance Companies, and shall enter the appearances of Jeffrey R. Schmieler, Esquire, and Robert S. Reverski, Jr., Esquire, for the same. (More)
07/07/1999ORDER GRANT APLT-X-APLE MO TO EXT TM TO FILE BRIEF (both motions) to the extent that the brief of the District of Columbia shall be filed within 15 days from the date of this order. Failure to comply with this order shall subject the appeals and cross-appeals of the District of Columbia to dismissal without further notice. See D.C. App.R. 14. (By: AMW)
07/14/1999APPELLANT/CROSS-APPELLEE'S BRIEF (District Of Columbia)
08/12/1999APPELLEE'S BRIEF (Aetna Casualty & Surety Company -Traveler's Insurance Company)(98CV265,98CV266, 97CV1994,97CV1996)
08/13/1999APPELLEE/CROSS-APPELLANT'S BRIEF (Arnold & Porter,Shana Inc.,Lillian Lawrence,LTD,CNA Insurance Company)
08/16/1999NOTICE RECEIVED from appellees Artemis, Inc., et al and Juster Associates, et al., that they wish to adopt the brief of Aetna Casualty and Surety Company, et al. and Travelers Insurance Co., et al., in its entirety.
08/17/1999NOTICE RECEIVED of aple Home Indemnity, that it adopts by reference, in its entirety, the appellate brief filed by aple's Aetna Casualty and Surety Co. and travelers Insurance Co
08/20/1999APPELLEE/CROSS-APPELLANT'S BRIEF (Arent,Fox,Kintner,Plotkin&Kahn, et al. and National Public Radio will defer to the briefs filed Co-Aple's)
09/17/1999APLT-X-APLE MTN TO EXTEND TIME TO FILE REPLY BRIEFno oppo to 10/1/99
10/06/1999RECEIVED - reply brief for DC
10/20/1999RECEIVED - reply brief for aple/cross-aplts
10/20/1999APLE-X-APLT MOTION FOR LEAVE TO FILE OPPOSITION to mot to ext time to file brief and reply brief with mot to strike
10/20/1999RECEIVED - aple/aplt response in oppo to mo for ex of time to file brief responding to cross-appeal and reply brief w/ mo to strike D.C.'s reply brief
10/20/1999MOTION(S) FEE PAID
10/25/1999APPELLANT'S REPLY to the response in oppo to the mot to extend time to file brief responding to cross appeal and reply brief oppo to mot to strike (RECV'D) ee
11/18/1999ORD GRANT APLE-X-APLT MO FOR LV TO FILE OPPOSITION to D.C. motion for ext. of time to file brief responding to the cross-appeal and the reply brief is granted to the extent that the Clerk shall file the response and reply. It is (More)
11/18/1999ORD GRT APLT-X-APLE MTN TO EXT TM TO FL REPLY BRF of D.C. is granted to the extent that the Clerk shall file the lodged reply brief of appellant/cross-appellee the D.C. It is F/O that request of appellee/cross-appellant Arnold Porter and CNA, Insurance Company, et al., as it request that the reply brief be struck is denied without prejudice to the filing of the opposition and motion as separate documents pursuant to D.C. App. R. 27(a). It is F/O that appellee Artemis, Inc., shall, within 15 days from the date of this order, file the brief, or a statement that the party will not be filing a brief, accompanied by a motion for leave to file the brief, or statement out of time. (BY: AMW)
11/18/1999APPELLANT-CROSS-APPELLEE REPLY BRIEF (D.C.)
11/18/1999APPELLEE/CROSS-APPELLANT'S ANSWER/RESPONSE in opposition to D.C.'s mo for ext of time to file brief, etc.
11/18/1999APPELLANT/CROSS-APPELEE'S REPLY of D.C. to the response
12/15/1999ORDERED, sua sponte, that this court's order of November 18, 1999, is hereby vacated to the extent that it directed appellee Artemis, Inc., to file the brief or a statement in lieu of brief. It is F/O that this appeal shall be scheduled for consideration before a merits division as soon as the calendar permits. (BY: AMW)
12/15/1999BRIEFS COMPLETED
12/22/1999FINAL SCREENING - REGULAR CALENDAR
12/22/1999LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING
01/20/2000LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
02/14/2000RECEIVED - aple's motion to withdrawal of appearance (fee needed) Home Indemnity Company
02/28/2000COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS (Home Indemnity Company) Granted
03/08/2000ORD GRT COUNSEL MO TO WITHDRAW FOR BUSINESS REASON of John L. Wood, Esquire, and the Clerk shall withdraw the appearance of John L. Wood, Esquire, as counsel on behalf of appellee Home Indemnity Company. (By: AMW)
05/01/2000CALENDAR NOTICE SENT
05/15/2000APLE-X-APLT MISCELLANEOUS PROCEDURAL MOTION for leave to file motion for additional time out of time and consent motion for more time
05/18/2000MOTION(S) FEE PAID
05/22/2000ORDERED on behalf of the merits division assigned to consider these matters that the motion for leave is granted, and the Clerk shall file the motin for more time. It is (MORE)
05/22/2000APLE-X-APLT MISCELLANEOUS PROCEDURAL MOTION for more time.
05/22/2000F/ORDERED that the motion for more time is denied. It is F/ORDERED that the request for a third attorney to be seated at the counsel table is granted. (BY: GP)
06/09/2000FiledACTION - Argued / Submitted
06/09/2000ARGUED (ST,SC,RD) Edward E. Schwab, Esq., for apellant. Robert P. Scanlon, ESq., for appellee. A. Benjamin Horton, Esq., for appellee.
07/27/2000AFFIRMED IN PART/REMANDED IN PART (see opinion for clarification)
08/18/2000MANDATE ISSUED