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United States Court Cases

District Of Columbia Court Of Appeals Record

LUKE DEIULIIS, ET AL V. MARIO SEGRETI

Case Information: 10-CV-1039
Short Caption:LUKE DEIULIIS, ET AL V. MARIO SEGRETIClassification:Appeals - Civil - Other Civil
Lead: 10-CV-1021 Consolidated:10-CV-1039, 11-CV-0529 , 11-CV-1111 , 12-AA-1656
Superior Court or Agency Case Number:CAB4255-04Filed Date:08/12/2010

Opening Event Date:08/12/2010Case Status:Decided/Dismissed
Record Completed:05/02/2013Post-Decision Matter Pending:
Briefs Completed:02/24/2014
Argued/Submitted:06/04/2014
Disposition:Next Scheduled Action:
Mandate Issued:10/22/2014

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantLuke Deiuliis N
Lois R. GoodmanNY
AppellantAntoinette Witt N
Lois R. GoodmanNY
AppelleeMario Segreti N
Michael B. McGovernNY
RespondentD.C. Rental Housing CommissionN
Stacy L. AndersonNY

Events
Event DateStatusDescriptionResult
08/12/2010NOTICE OF APPEAL
09/28/2010 Upon consideration of the notices of appeal in these matters, this court's order of August 25, 2010, which directed appellant to file the statement regarding transcripts in appeal no. 10-CV-1021, within 20 days, and it appearing that appellant has failed to comply with the order, it is ORDERED sua sponte, that appeals nos. 10-CV-1021 and 10-CV-1039 are consolidated for all purposes herein. It is FURTHER ORDERED that, for both appeals, appellants shall within 20 days from the date of this order complete and file with this court a single copy of the statement regarding transcript available for completion online. Where transcript(s) necessary for these appeals have been ordered and completed for non-appeal purposes, appellants must advise the Court Reporting Division to forward said transcript(s) for inclusion in the records on appeal. If partial transcripts are being ordered, appellants must file a statement of issues to be presented with this court within 10 days from the date of this order. See D.C. App. R. 10 (b)(3)(A). It is FURTHER ORDERED that appellants failure to response to any order of this court, including this order, shall subject these appeals to dismissal without further notice for lack of prosecution. See D.C. App. R. 13 (a). (JAC) elp
10/18/2010STATEMENT REGARDING TRANSCRIPT(S) (RT-NEEDED/RT-ORDERED for 5/28/10, 7/30/10, 3/10/10, 3/31/10 & 1/15/10) (elp)
12/02/2010 On consideration of the Statement Regarding Transcript filed with this court on October 18, 2010, and it appearing that all required transcripts have not yet been ordered, it is ORDERED that appellants shall within 15 days from the date of this order advise this court as to the status of the transcripts. Failure to comply with this order shall subject these appeals to dismissal without further notice. See D.C. App. R. 13. (JAC) elp
12/16/2010APPELLANT'S ANSWER/RESPONSE- re: transcripts *Appellant indicated that she has been informed by CRD to pick up transcripts. (elp)
12/21/2010SUPPLEMENTAL RECORD#1 (21-pgs/tape 1/15/10 proc.)
12/21/2010SUPPLEMENTAL RECORD#2 (95-pgs/tape 3/31/10 proc.)
12/21/2010SUPPLEMENTAL RECORD#3 (8-pgs/tape 5/28/10 proc.)
12/21/2010SUPPLEMENTAL RECORD#4 (23-pgs/tape 7/23/10 proc.)w/cd
12/29/2010RECORD INDEX (10-CV-1039)
12/29/2010RECORD COMPLETED (10-CV-1039)
01/05/2011RECORD INDEX (10-CV-1021)
01/05/2011 It appearing that the complete record on appeal has been filed with this court, it is ORDERED that appellants' brief and the appendix including the documents required by D.C. App. R. 30 (a)(1), shall be filed within 40 days from the date of this order, and appellee's brief shall be filed within 30 days thereafter. See D.C. App. R. 31. (JAC) elp ***VACATED/SEE 5/25/11 ORDER BELOW
02/17/2011 On consideration of this court's order of January 5, 2011, directing appellant to file the brief and the appendix within 40 days and it appearing that the brief and the appendix have not been filed, it is ORDERED that the brief of appellant and the appendix shall be submitted within 20 days from the date of this order, accompanied by a motion for leave to file 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 these appeals to dismissal without further notice. See D.C. App. R. 13. (JAC) elp
02/18/2011APPELLANT'S MOTION FOR STAY
03/02/2011APPELLEE'S OPPOSITION- to aplt's motion to stay
03/16/2011APPELLANT'S MOTION FOR LEAVE TO FILE A REPLY
03/16/2011RECEIVED_- aplt's to aple oppo to the motion to stay the appeal pending joinder of the final judgment of the superior in this matter
04/04/2011 On consideration of appellants' motion to stay pending the addition of the the appeal of a final judgment, the opposition thereto, and appellant's motion for leave to file the lodged reply to appellee's opposition, to which no opposition has been filed, it is ORDERED that appellants' motion for leave is granted and the Clerk shall file appellants lodged reply. It is (MORE)
04/04/2011APPELLANT'S REPLY to appellee's opposition
04/04/2011 FURTHER ORDERED that appellants shall file the new notice of appeal within 20 days from the date of this order. It is FURTHER ORDERED that appellants' motion to stay is hereby held in abeyance. (ETW) elp
05/25/2011 On consideration of the notices of appeal in these matters, and it appearing that a briefing order has been issued in appeals nos. 10-CV-1021 and 10-CV-1039, and it further appearing that transcript is needed for appeal no. 11-CV-529, and on further consideration of this court's order of April 4, 2011, which held appellant's motion to stay appeal in abeyance, it is ORDERED, sua sponte, that appeal no. 11-CV-529 is consolidated with previously consolidated appeals nos. 10-CV-1021 and 10-CV-1039 for all purposes herein. It is (MORE)
05/25/2011 FURTHER ORDERED that appellants' motion to stay is denied as moot. It is (MORE)
05/25/2011 FURTHER ORDERED that the briefing order issued on January 5, 2011, is hereby vacated and a consolidated briefing order will be issued upon the filing in this court, by the Clerk of the Superior Court, of the record index and transcripts in appeal no. 11-CV-529 as required by D.C. App. R. 11 (b)(3)(A). (ETW) elp
08/10/2011FiledSupplemental Record #5 (29 pgs/Tape) (8/24/07 proc.)
08/10/2011FiledSupplemental Record #6 (21 pgs/Tape) (11/16/07 proc.)
08/10/2011FiledSupplemental Record #7 (34 pgs. -- Tape) (1/30/09 proc.)
09/20/2011FiledOrder Sua Sponte Consolidating Appeals and Directing a Consolidated briefing order upon the filing in this court by the Clerk of the Superior Court, the record index in appeals nos 11-CV-529 and 11-CV-111 and transcripts required by D.C. App. R. 11 (b)(3(A).
10/03/2011FiledRecord Index 11-cv-529 & 11-cv 1111
10/03/2011FiledSupplemental Record #8 (4-pgs/tape 1/14/11 proc.)w/cd
11/09/2011FiledSupplemental Record#9 (69-pgs/tape 4/25/08 proc.)
11/09/2011FiledSupplemental Record#10 (15-pgs/tape 3/7/08 proc.)
11/09/2011FiledSupplemental Record #11 (23-pgs/tape 7/13/07 proc.)
11/15/2011FiledBriefing Order
12/30/2011FiledMotion For Extension Of Time to File Brief for an additional 60 days (no oppo). Appendix, Brief (Appellant)Granted
01/10/2012FiledOpposition to aplt's motion for extension of time to file brief (Appellee)
01/17/2012FiledGRANT - Order Granting Motion For Extension Of Time to File Brief for an additional 60 days (no oppo). Appendix, Brief (Appellant)
02/27/2012FiledMotion For Extension Of Time to File Appendix, Brief (Appellant)Granted
03/19/2012FiledGRANT - Order Granting Motion For Extension Of Time to File Appendix, Brief (Appellant)
04/17/2012FiledMotion For Extension Of Time to File Appendix, Brief (Appellant)Granted
04/25/2012FiledOpposition to appellants motion for extension of time to file brief (Appellee)
05/07/2012FiledGRANT - Order Granting Motion For Extension Of Time to File Appendix, Brief (Appellant)
05/07/2012StruckBrief (Appellant)
05/07/2012FiledAppendix (Appellant) vol. I thru IV
05/14/2012FiledMotion To Strike brief for appellant and joint appendix (Appellee)Granted
05/17/2012FiledOpposition to appellee's motion to strike appellant's brief and joint appendices (Appellant)
05/18/2012FiledTMC//MOTION TO STRIKE APPELLNANT'S BRIEF & APPDX//OPPO
06/20/2012FiledORDER GRANTING APPELLEE'S MOTION and APPELLANTS' BRIEF IS HEREBY STRUCK and APPELLANTS SHALL FILE A CONFORMING BRIEF W/N 20 DAYS
07/10/2012FiledBrief (Appellant)
07/10/2012FiledAppendix (Appellant)
07/11/2012FiledSupplemental Record #12 (9-pgs/tape 12/19/08 proc.) w/cd
08/14/2012FiledMotion For Extension Of Time to File Brief (Appellee)Granted
08/17/2012FiledGRANT - Order Granting Motion For Extension Of Time to File Brief (Appellee)
09/13/2012FiledBrief (Appellee)
10/04/2012FiledMotion for leave to file decision and order of the rental housing commission as a supplement to the brief for appellee or, in the alternative, as a supplemenetal appendix (Appellee)Denied
10/15/2012FiledMotion For Extension Of Time to File (3 weeks) Reply Brief (Appellant)Granted
10/16/2012FiledACTION - Ready for Calendaring - Regular
10/16/2012FiledOrder Denying Motion for leave to file decision and order of the rental housing commission as a supplement to the brief for appellee or, in the alternative, as a supplemenetal appendix (Appellee)
10/16/2012FiledOrder Granting Motion To Consolidate 12-AA-1656 with previously consolidated appeals. nos. 10-CV-1021, 10-CV-1039, 11-CV-529 and 11-CV-1111
10/16/2012FiledOrder in petition no. 12-AA-1656 directing the administrative agency to file the administrative record within 60 days from the date of the order
10/16/2012FiledInitial Order 12-AA-1656
10/26/2012FiledGRANT - Order Granting Motion For Extension Of Time to File (3 weeks) Reply Brief (Appellant) *COMBINED REPLY BRIEF AND INITIAL BRIEF DUE AFTER ISSUANCE OF BRIEFING ORDER IN 12-AA-1656
11/08/2012FiledRecord On Appeal (12-AA-1656)
12/06/2012FiledMotion To Supplement The Record (Appellant)Granted
12/12/2012FiledMotion For Leave to File for leave to intervene as a party Other (Intervenor)Granted
12/16/2012FiledOpposition to Mario Sergetti's Motion to Intervene (Petitioner)
01/15/2013FiledOrder Granting Motion For Leave to File for leave to intervene as a party Other (Intervenor)
01/15/2013FiledOrder Granting Motion To Supplement The Record (Appellant)
02/20/2013FiledLetter From OAH requesting additional time to certify the transcript per the Court's order dated 1/15/13
03/01/2013FiledOrder Sua Sponte granting the Office of Administrative Hearings request for an additional 30 days to certify the transcripts
04/17/2013FiledLetter From re: transcript (Respondent Office of Administrative Hearings)
05/02/2013FiledSupplemental Record
05/02/2013FiledRecord Completed - 12-AA-1656
05/15/2013FiledOrder directing appellants/petitioner's combined reply brief in appeal no. 10-CV-1021, 10-CV-1039, 11-CV-529, & 11-CV-1111 within 40 days from the date of this order
05/15/2013FiledBriefing Order in petitiion for review no. 12-AA-1656
06/25/2013FiledMotion For Extension Of Time to File reply brief (Appellant)Granted
07/10/2013FiledGRANT - Order Granting Motion For Extension Of Time to File reply brief (Appellant)
09/09/2013FiledBrief (12-AA-1656) (Appellant)
09/09/2013FiledAppendix (Petitioner)
09/09/2013FiledReply Brief (Appellant)
10/09/2013FiledMotion For Extension Of Time to File Brief (Respondent)Granted
10/09/2013FiledMotion For Extension Of Time to File Brief (Intervenor)Granted
10/16/2013FiledGRANT - Order Granting Motion For Extension Of Time to File Brief (Respondent)
10/16/2013FiledGRANT - Order Granting Motion For Extension Of Time to File Brief (Intervenor)
12/09/2013FiledMotion For Extension Of Time to File Brief (Respondent)Granted
12/09/2013FiledMotion For Extension Of Time to File Brief (Intervenor)Granted
12/13/2013FiledMotion For Extension Of Time to File Brief (Respondent)Granted
12/23/2013FiledOpposition to motion for an extension of time to file briefs. (Petitioner)
01/13/2014FiledGRANT - Order Granting Motion and Corrected Motion For Extension Of Time to File Brief (Respondent)
01/13/2014FiledGRANT - Order Granting Motion For Extension Of Time to File Brief (Intervenor)
01/23/2014FiledBrief (Intervenor)
01/23/2014FiledMotion For Extension Of Time to File Brief (Respondent)Granted
02/06/2014FiledMotion For Leave to File Opposition/Reply/Answer (Appellant)Granted
02/12/2014FiledJoint Appendix (Appellant)
02/12/2014FiledReply Brief (12-AA-1656) (Petitioner)
02/18/2014FiledOrder Granting Motion For Leave to File Opposition/Reply/Answer (Appellant)
02/18/2014FiledOpposition- to Rental Housing Commission's motion for an extension of time to file its brief (Appellant)
02/18/2014FiledGRANT - Order Granting Motion For Extension Of Time to File Brief (Respondent)
02/24/2014FiledMemorandum/Statement In Lieu Of Brief (RHC)
02/24/2014FiledBriefing Completed
04/03/2014FiledACTION - Ready for Calendaring - Regular
04/03/2014FiledLetter To Counsel/Party Re Future Calendaring
04/09/2014FiledLetter From Counsel/Party Re Future Calendaring (Corsetti) (Appellant)
04/09/2014FiledLetter From Counsel/Party Re Future Calendaring (Segreti) (Appellee)
05/01/2014FiledACTION - Calendar notice sent
06/04/2014FiledArgued before Associate Judge Fisher, Associate Judge Easterly, and Senior Judge Ruiz. (Lois R. Goodman, Esq. for appellant) (Michael B. Mcgovern, Esq. for appellee)
09/23/2014FiledAffirmed In Part/Reversed & Remanded In Part (MOJ) (Fisher and Easterly, Associate Judges; and Ruiz, Senior Judge)
09/30/2014FiledAffirmed In Part/Reversed In Part/Remanded In Part (AMENDED) (MOJ) (Fisher and Easterly, Associate Judges; and Ruiz, Senior Judge)
10/22/2014FiledMandate
11/07/2014FiledMotion To Publish (Amicus Curiae)Denied
11/10/2014FiledOpposition to DC Office of Administrative Hearing's motion for extension of time and motion for publicity on memorandum opinion and judgment (Appellant)
12/10/2014FiledOrder Denying motion to publish.