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United States Court Cases

District Of Columbia Court Of Appeals Record

DAVID WHITEHEAD V. WMATA

Case Information: 97-CV-1522
Short Caption:DAVID WHITEHEAD V. WMATAClassification:Appeals - Civil - Other Civil
Lead: 97-CV-0676 Consolidated:97-CV-1522
Superior Court or Agency Case Number:CA292-96Filed Date:09/24/1997

Opening Event Date:09/24/1997Case Status:Closed
Record Completed:Post-Decision Matter Pending:
Briefs Completed:01/03/2000
Argued/Submitted:06/20/2000
Disposition:Next Scheduled Action:
Mandate Issued:09/07/2000
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantDavid L. Whitehead YPro SeN
AppelleeWashington Metropolitan Area Transit AuthorityN
Mark F. SullivanNN

Events
Event DateStatusDescriptionResult
09/24/1997NOTICE OF APPEAL (RECVD)
09/24/1997APPELLANT'S MOTION TO PROCEED IN FORMA PAUPERIS
09/24/1997RECEIVED - aplt's docketing statement
10/07/1997RECEIVED - designation of record - statement regarding transcript
12/04/1997RECORD ON APPEAL
12/12/1997ORDERED that the motion is granted, and the Clerk shall file the lodged docketing statement, the lodged designation of record and the lodged statement regardign transcript. It is F/O that the Clerk of the Superior Court shall prepare and transmit the record on appeal to this court without fee forthwith. (BY: AMW)
12/12/1997APPELLANT'S DOCKETING STATEMENT
12/12/1997DESIGNATION OF RECORD
12/12/1997STATEMENT REGARDING TRANSCRIPT(S)
03/27/1998ORDERED, sua sponte, that this court's order of December 12, 1997, is hereby vacated to the extent that the Clerk of Superior Court was directed to transmit the record on appeal to this court. It is F/O that 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: AMW)
05/28/1998ORDER: Appellant shall, within 20 days from the date of this order, file the brief, accompanied by a motion for leave to file the brief out of time. The motion should set forth good cause for the failure either to timely file the brief or to request an extension of time within which to do so. Failure to comply with this order shall subject this appeal to dismissal without further notice. See D.C. App. R. 14. (By: GP)
07/14/1998ORDER: On consideration of this court's order of May 28, 1998, directing appellant to file the brief, accompanied by a motion for leave, and it appearing that the brief has not yet been lodged with this court, it is ORDERED that this appeal is hereby dismissed. See D.C. App. R. 14 (AMW)
07/14/1998DISMISSED
07/16/1998RECEIVED - aplt's motion for reconsideration
09/29/1998APPELLEE'S MOTION FOR LEAVE TO FILE AN OPPOSITION
09/29/1998MOTION(S) FEE PAID
09/29/1998RECEIVED - aple's oppo to aplt's mot for reconsideration
09/29/1998MOTION(S) FEE PAID
10/01/1998APPELLANT'S REPLY to oppo to mot to strike
10/01/1998APPELLANT'S MOTION TO STRIKE appellee's opposition from the record. (vvd)
10/01/1998APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for sanctions be applied to aple's counsel
12/29/1998ORD GRANT APLE MOTION FOR LEAVE TO FILE OPPOSITION in appeal no. 97CV1522, and the Clerk shall file appellee's lodged opposition to appellant's motion for reconsideration. (More)
12/29/1998ORDER DENYING APLT MISCELLANEOUS PROCEDURAL MOTION for sanctions against appellee in appeal no. 97CV1522. FO that the motion fo appellee to hold briefing in abeyance or, in the alternative, for leave to late file its brief is hereby held in abeyance pending appellant's compliance with the show cause order entered for appeal no. 97CV1522. (By: AMW)
12/29/1998APPELLEE'S OPPOSITION to appellant's motion for reconsideration.
12/29/1998ORDER DENY APPELLANT MOTION FOR RECONSIDERATION without prejudice to its renewal once the issue of timeliness in appeal no. 97CV1522 has been resolved. (More)
12/29/1998ORDER TO SHOW CAUSE. Appellant shall, within 20 days from the date of this order, show cause why appeal no. 97CV1522 should not be dismissed for lack of jurisdiction as untimely filed. See D.C. App. R. 4. (More)
12/29/1998ORDER DENYING APPELLANT MOTION TO STRIKE appellee's opposition for the record in appeal no. 97CV1522. (More)
01/13/1999RECEIVED - motion for reconsideration and response to show cause (Pleadings needs to be separated)
01/13/1999NOTICE SENT - to aplt re: seperation of pleadings
01/26/1999APPELLANT'S MOTION FOR RECONSIDERATION
01/26/1999APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for leave to file show cause
02/04/1999TMC - Aplt's motion for reconsideration - Aplt's motion for leave to file show cause - Aplt's motion for contempt of court
02/10/1999APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION - for contempt of court
03/04/1999ORDER, sua sponte, that appeals nos. 97-CV-676 and 97-CV-1522 are hereby consolidated for all purposes. *** MORE ***
03/04/1999ORDER DENYING APLT MISCELLANEOUS PROCEDURAL MOTION for contempt of court. *** MORE ***
03/04/1999ORDER DENYING APLT MISCELLANEOUS PROCEDURAL MOTION for reconsideration and show cause as duplicative of the motion for leave to file show cause. *** MORE ***
03/04/1999ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION for leave to file show cause to the extent that the Clerk shall file the response to the order to show cause in no. 97-CV-1522 as both a response and as a motion to reconsider the dismissal of appeal no. 97-CV-1522. *** MORE ***
03/04/1999APPELLANT'S ANSWER/RESPONSE to show cause and motion to reconsider the dismissal of appeal no. 97-CV-1522
03/04/1999ORDERED that this court's December 29, 1999, order to show cause is hereby discharged. *** MORE ***
03/04/1999ORDER GRANT APPELLANT MOTION TO REINSTATE APPEAL and appeal no. 97-CV-1522 is hereby reinstated. *** MORE ***
03/04/1999ORDER GRANT APLE MISCELLANEOUS PROCEDURAL MOTION to hold briefing in abeyance, filed in no. 97-CV-676 to the extent that appellant shall file a supplemental brief within 30 days after this court receives the outstanding transcript and the consolidated brief of appellee shall be filed within 30 days thereafter. (by: SCRDBE)
03/10/1999APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for certified notification of rt's (vvd)
04/20/1999ORDERED: Denied without prejudice the motion of appellant for certified notification of transcript. It is FURTHER ORDERED that the supplemental brief of appellant remains within 30 days after the transcript is filed with this court. (By: AMW)
04/21/1999SUPPLEMENTAL RECORD - #1 (8 pgs/Swaringer) 4/14/97 proc.
04/26/1999APLT MOTION TO EXT TIME TO FILE SUPLEMENTAL BRIEF until rt's are complete
04/26/1999APPELLANT'S MISCELLANEOUS SUBSTANTIVE MOTION to expedite completion of rt's
04/26/1999APPELLANT'S MISCELLANEOUS SUBSTANTIVE MOTION for sanctions and correction of transcript (vvd)
04/28/1999TMC - Aplt's motion to expedite the completion of transcript - Aplt's motion for sanctions and correction of transcript - Aplt's motion to extend time to file a supplemental brief
05/19/1999ORD DENY APLT MO TO EXT TIME TO FILE SUPPL BRIEF as moot. *** MORE ***
05/19/1999ORDER DENYING APLT MISCELLANEOUS PROCEDURAL MOTION to expedite transcript without prejudice to renewal in the Superior Court. *** MORE ***
05/19/1999ORDER DENY APLT MISCELLANEOUS SUBSTANTIVE MOTION for sanctions and correction of transcripts without prejudice to seeking relief in the Superior Court pursuant to D.C. App. R. 10 (e). (by: SCRDBE)
05/21/1999APPELLANT'S MOTION FOR STAY
06/11/1999APPELLEE'S MOTION TO HOLD CASE IN ABEYANCE unitl completion of record, or in the alternative for leave to file the aple's brief on 6/24/99.
06/16/1999APPELLANT'S OPPOSITION - to aple's motion or, in the alternative allow an extension of time to respond
06/30/1999ORDER GRANT APLE MOTION TO HOLD CASE IN ABEYANCE pending the completionn of the record on appeal. F/O that the parties shall, within 30 days from the date of this order, advise this court as to the status of the missing transcript. (By: AMW) sw
08/23/1999ORDERED that the parties shall, within 15 days from the date of this order, advise this court, of all actions the parties have taken, including those taken since the date appellant filed the motion to stay this appeal, to assure the transmittal of that transcript to this court. (BY: AMW)
08/30/1999STATEMENT of aple responding to court's orders of 6/30 & 8/23/99
08/30/1999NOTICE RECEIVED from aplt's concerning rt's
10/07/1999SUPPLEMENTAL RECORD - #2 (33 pgs/Hawkins) 4/14/97 proc.
10/21/1999ORDERED that this court stay order entered on June 30, 1999, is hereby vacated. F/O that appellant shall, w/in 30 days from the date of this order, advise this court as to whether a supplemental brief will be filed. (By: AMW) sw
10/21/1999APPELLANT'S SUPPLEMENTAL BRIEF/MEMORANDUM
10/21/1999PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED
10/22/1999APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to file an appendix to the supplemental brief (vvd)
10/22/1999RECEIVED - aplt's appendix to supplemental brief (vvd)
10/27/1999APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to amended and clarify order, or in the alternative extend time
11/19/1999APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to 11/24/99
11/19/1999MOTION(S) FEE PAID
11/24/1999RECEIVED - aple's brief
11/29/1999APPELLANT'S MOTION TO STRIKE - for deny misrepresenting the facts to court
12/03/1999APLT MOTION TO EXTEND TIME TO FILE REPLY BRIEF
01/03/2000ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION and the Clerk shall file the lodged appendix to appellant's supplemental brief. (more)
01/03/2000ORD DENY APLT MOTION TO EXTEND TIME TO FILE BRIEF as moot. (more)
01/03/2000ORD GRANT APLE MOTION TO EXTEND TIME TO FILE BRIEFand the Clerk shall file the lodged brief of appellee. (more)
01/03/2000ORD GRANT APLT MO TO EXT TIME TO FILE REPLY BRIEF and the reply brief of appellant shall be filed w/in 20 days from the date of this order. (by: AMW) sw
01/03/2000APPELLEE'S BRIEF
01/03/2000MISCELLANEOUS (appendix to appellant's supplemental brief)
01/03/2000BRIEFS COMPLETED
01/18/2000APPELLANT'S REPLY BRIEF
02/07/2000FINAL SCREENING - SUMMARY CALENDAR I
05/01/2000CALENDAR NOTICE SENT
05/04/2000APPELLANT'S MOTION REQUESTING ORAL ARGUMENT
05/18/2000On consideration of the motion of appellant pro se to present oral argument, and it appearing that this matter is scheduled on the Summary Calendar of June 20, 2000, it is ORDERED on behalf of the merits division assigned to consider these matters that motion is granted. The parties are to be present in the District of Columbia Court of Appeals courtroom, located on the sixth floor, at 1:55 p.m. on that date. (BY: GP)
06/20/2000FiledACTION - Argued / Submitted
06/20/2000ARGUED (ST,FA,GA) David L. Whitehead, pro se, appellant. Mark F. Sullivan, Esq., for appellee.
07/03/2000AFFIRMED MOJ (ST,FA,GA)
07/17/2000APPELLEE'S MOTION FOR COSTS & ATTORNEY FEES
07/17/2000MOTION(S) FEE PAID
07/18/2000TMC - Aple's motion for costs & attorney's fees
08/22/2000ORDER GRANT APPELLEE MO FOR COSTS & ATTORNEY FEES and appellee shall recover its appellate costs of $129.20 from appellant. (by: STFAGA)
09/07/2000MANDATE ISSUED
01/11/2001NOTICE OF DENIAL OF PET. FOR WRIT OF CERTIORARI