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United States Court Cases

District Of Columbia Court Of Appeals Record

WILLIAM GARTRELL V. THE CELOTEX CORPORATION

Case Information: 91-CV-0851
Short Caption:WILLIAM GARTRELL V. THE CELOTEX CORPORATIONClassification:Appeals - Civil - Other Civil
Lead:91-CV-0851Consolidated: 91-CV-0865 , 91-CV-0890 , 91-CV-0898 , 91-CV-0899
Superior Court or Agency Case Number:CA8500-88Filed Date:07/19/1991

Opening Event Date:07/19/1991Case Status:Closed
Record Completed:10/19/1991Post-Decision Matter Pending:
Briefs Completed:09/03/1996
Argued/Submitted:
Disposition:Next Scheduled Action:
Mandate Issued:05/21/1997

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantWilliam Gartrell N
Kenneth D. BynumNN
Peter C. Depaolis NN
AppelleeCelotex CorporationN
Frederick C. Leiner YN
John F. Mahoney NN

Events
Event DateStatusDescriptionResult
01/01/1901GARTRELL, WILLIAM ET AL THE CELOTEX CORPORATION ET AL
01/01/1902
07/19/1991NOTICE OF APPEAL
08/07/1991ORDER APLT TO FL DSA, DR, SRT, FEE W/IN 10 OR DISMISS. AD PANELJAC SCDATE 080591 SCHPRD K
08/09/1991APPELLANT'S MOTION TO CONSOLIDATE THIS APPEAL WITH 91-898 RJG PANEL SCDATE 000000 SCHPRD
08/09/1991RECEIVED DOCKETING STATEMENT RJG PANEL SCDATE 000000 SCHPRD
08/13/1991APPELLEE'S MOTION TO DISMISS/WITHDRAW APPEAL OF OWENS-CORNING FIBERGLAS CORP. RJG PANEL SCDATE 000000 SCHPRD
08/19/1991DESIGNATION OF RECORD AJ PANEL SCDATE 000000 SCHPRD
08/19/1991APPELLANT'S DOCKETING STATEMENT SIGNED COPIES RJG PANEL SCDATE 000000 SCHPRD
08/19/1991$50.00 DOCKETING FEE AJ PANEL SCDATE 000000 SCHPRD
08/19/1991STATEMENT REGARDING TRANSCRIPT(S) AJ PANEL SCDATE 000000 SCHPRD
10/09/1991RECORD ON APPEAL AJ PANEL SCDATE 000000 SCHPRD
10/16/1991RECORD ON APPEAL IN 91-898, 91-890, & 91-865 AJ PANEL SCDATE 000000 SCHPRD
10/19/1991RECORD COMPLETED
10/29/1991RECORD ON APPEAL IN 91-890 RJG PANEL SCDATE 000000 SCHPRD
01/22/1992ORDER APLTS SHALL W/IN 10 DAYS FILE A RESPONSE TO APLE'S MOTION TO DISMISS JB PANELTEKGBE SCDATE 000000 SCHPRD
01/27/1992APPELLANT'S ANSWER/RESPONSE TO APPELLEE'S MOTION TO DISMISS RJG PANEL SCDATE 020392 SCHPRD ANSA
03/18/1992APPELLANT'S DOCKETING STATEMENT
03/18/1992ORDER denied motion to dismiss, further ordered granted motion to consolidate with appeal nos. 91-865, 91-890, 91-898 and 91-899 for all purposed, granted motion to file docketing statement, appellant's brief is due 40 days from the date of this order, and appellee's brief is due 30 days thereafter.
04/27/1992RECEIVED aplt's motion for leave to supplement brief
05/11/1992APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to 30 days
05/11/1992MOTION(S) FEE PAID
05/19/1992RECEIVED fibreboard corporation's adoption of owens-corning fiberglas corporation's motion to extendtime to file its brief
06/01/1992RECEIVED APLT'S BRIEF
06/01/1992APPELLANT'S MOTION FOR LEAVE TO FILE BRIEF
06/01/1992MOTION(S) FEE PAID
06/17/1992LETTER sent to FREDERICK C. LEINER (no fee) see 5/19/92 entry
06/18/1992RECEIVED appellee's brief (malb still pend).
06/24/1992APLT MOTION FOR LEAVE TO SUPPLEMENT THE RECORD
06/24/1992MOTION(S) FEE PAID
06/24/1992ORD GRANT APLE MO FOR LV TO SUPPLEMENT THE RECORD and lodged supplemental record is filed.
06/24/1992SUPPLEMENTAL RECORD
06/24/1992ORDER GRANTING APLT MOTION FOR LEAVE TO FILE BRIEFappellant shall file a completed brief within 10 days from the date of this order.
06/24/1992ORD GRANT APLE MOTION TO EXTEND TIME TO FILE BRIEFand lodged brief of Owens Corning Fiberglas is filed. The brief of Appellee Fibreboard Corporation shall be filed ithin 30 days from the date of this order.
06/24/1992APPELLEE'S BRIEF - Owens Corning Fiberglas
07/09/1992SUPPLEMENTAL RECORD #1 (plaintiff's opposition to all defendant's motions for summary judgement on the issue of production identification, etc.)
07/09/1992APPELLANT'S BRIEF REPLACEMENT
07/27/1992RECEIVED motion of aple (PITTSBURGH CONING CORPORATION) for extention of time to file brief
07/28/1992BRIEFS COMPLETED
07/28/1992APPELLEE'S BRIEF OF KEENE CORPORATION AND OWENS - ILLINOIS, INC.
07/28/1992LETTER sent to aple re: motion no fee
07/30/1992APPELLEE'S BRIEF (FIBREBOARD CORPORATION IN APPEAL # 91-898, 91-890, 91-865, and 91-899)
08/07/1992APPELLEE'S BRIEF PITTSBURGH CORNING CORPORATION
08/11/1992APPEARANCE of the law firm of DANAHER, TEDFORD, LAGNESE AND NEAL on behalf of the appellee PITTSBURGH CORNING CORPORATION.
08/12/1992APLE MOTION TO EXT TIME TO FILE SUPPLEMENTAL BRIEFto 30 days
08/12/1992MOTION(S) FEE PAID
08/26/1992RECEIVED Appellee's brief
08/27/1992ORDER GRANT APLE MOTION FOR LEAVE TO FILE BRIEF and lodged brief of Pittsburgh Corning Corp. is filed.
08/27/1992APPELLEE'S BRIEF Pittsburgh Corning Corp.
09/01/1992APPELLEE'S MISCELLANEOUS PROCEDURAL MOTION for Wendy W. Wanchak to be admitted Pro Hac Vice.
09/01/1992MOTION(S) FEE PAID for memp.
09/14/1992FINAL SCREENING - REGULAR CALENDAR
10/13/1992ORDER Grant motion of Wendy W. Wanchak, Esquire for admission pro hac vice for the purposes of these appeals on behalf of appellee Pittsburgh Corning Corporation.
04/08/1993APPELLEE'S MOTION TO POSTPONE/CONTINUE ARGUMENT (of Pittsburgh Corning Corporation)
04/09/1993VOTE SHEET - aple's motion to postpone oral argument
04/13/1993ORDER - On consideration of the motion of appellee Pittsburgh Corning Corporation to postpone oral argument, and it appearing that there is no opposition thereto, it is ORDERED that appellee's motion is granted, and this case is removed from the argument calendar of April 14, 1993. It is F/O sua sponte, that appellees shall show cause within 20 days from the date of this order why the rescheduling of these consolidated appeals should be held in abeyance pending decision in Claytor, et al. v. Armstrong World Industries, et al., No. 92-CV-39. (ROSTGA)
04/16/1993MOTION(S) FEE PAID
04/29/1993APPELLANT'S ANSWER/RESPONSE to the court's order to show cause why the instant case should not be held in abeyance.
05/03/1993APPELLEE'S KEENE CORP.'s ANSWER/RESPONSE to court's show cause order.
05/03/1993RECEIVED (motion in opposition to stay appeal) (Fibreboard Corporation)
05/04/1993LETTER sent to attorney for $10.00 fee for motion recvd on 5/3/93
05/10/1993APPELLEE'S MISCELLANEOUS PROCEDURAL MOTION in opposition to stay appeal (Fibreboard)
05/10/1993MOTION(S) FEE PAID
05/20/1993VOTE SHEET - aplt's response to show cause aple's Keene corporation's response to show cause Aple's fibrebroad's motion in opposition to stay
04/02/1996ORDER - It is ORDERED sua sponte that appellants are directed to show cause within 30 days of the date of this order why these appeals should not be summarily affirmed on the authority of this court's opinion in Claytor v. Owens-Corning Fiberglas Corp. , 672 A.2d 1374 (D.C. 1995)(rehearing en banc denied February 23, 1996). STRZGA
04/16/1996APPELLANTS RESPONSE to the court's order to show cuase why the instant appeals should not be summarily affirmed under Claytor v. Owens Corning Fiberglass for 91 CV 851, 91 CV 865, 91 CV 890, 91 CV 898 & 91 CV 899
05/08/1996APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION - for withdrawal of appearance of counsel on behalf of Owens-Illinois, Inc., and entry of appearance of counsel
05/09/1996MOTION(S) FEE PAID
07/08/1996SUPPLEMENTAL RECORD #2 (pleading filed in superior court)
07/09/1996SUPPLEMENTAL RECORD #3 (Exhibits C-6 through H-10)
07/17/1996error
07/17/1996ORDER appellants' motion to supplement the record is denied as moot. FO the motion for withdrawal of appearance of counsel on behalf of Owens-Illinois, Inc., is granted and the appearances of Dana C. Petersen, Esquire, and Julia K. Evans, Esquire, are hereby withdrawn and athe appearance of Frederick C. Leiner, Esquire, is hereby entered. FO that appellants are directed to file within 30 days of the date of this order a complete new brief on this appeal, appellees shall file new briefs within 30 days after service of the new brief of appellants, and appellants may file a new reply brief within 15 days, thereafter. All briefs so filed shall completely and in all respects replace and supersede the briefs previously filed in this appeal, and inter alia, shall address this court's opinion in Claytor v. Owens-Corning Fiberglas Corp., 662 a.2d 1374 (D.C. 1995) and shall contain complete citations to the record as supplemented pursuant to D.C. App. R 28.
07/17/1996APPELLANT'S BRIEF
07/26/1996APPELLANT'S SUPPLEMENTAL BRIEF/MEMORANDUM
08/26/1996APPELLEES BRIEF for 91 CV 851, 91 CV 865, 91 CV 890, 91 CV 898 & 91 CV 899
08/29/1996APPELLEE'S SUPPLEMENTAL BRIEF/MEMORANDUM Owens Corning
09/03/1996BRIEFS COMPLETED
09/03/1996APPELLEE'S BRIEF Owens-Illinois 91cv851
11/06/1996COPY OF SUPERIOR COURT LETTER (2nd notice)
01/16/1997APPELLANT'S MOTION TO DISMISS/WITHDRAW APPEAL
01/16/1997MOTION(S) FEE PAID
03/03/1997ORDER On consideration of the consent motion to dismiss appeal, in which appellants request dismissal of their appeals with respect to certain of the appellees, it is Ordered that the motion is granted and appellants' appeals are dismissed as follows: In no. 91-CV-851, the appeals is dismissed as to aples Owens Corning Fiberglas, Owens Illinois and Pittsburg Corning; in no. 91-CV-865, the appeal is dismissed as to appellee Pittsburg Corning; in no. 91-CV-890, the appeal is dismissed as to aple Pittsburg Corning; in no. 91-CV-898, the appeal is dismissed as to aple PIttsburg Corning; in no. 91-CV-899, the appeal is dismissed as to aple Pittsburg Corning. It is FO that appellants may file a reply brief with respect to the brief of appellee Fibreboard w/i 21 days from the date of this order. The Clerk shall schedule this matter for argument before this division as a special sitting as soon as the calendar permits. (ST,RZ,GA)
03/13/1997LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING (Leiner)
04/24/1997APPELLANT'S MOTION TO DISMISS/WITHDRAW APPEAL
04/24/1997MOTION(S) FEE PAID
04/25/1997ORDER GRANT APLT MOTION TO DISMISS/WITHDRAW APPEAL
04/25/1997DISMISSED
05/21/1997MANDATE ISSUED