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United States Court Cases

District Of Columbia Court Of Appeals Record

DISTRICT OF COLUMBIA V. WILLIAM WALKER

Case Information: 93-CV-0113
Short Caption:DISTRICT OF COLUMBIA V. WILLIAM WALKERClassification:Appeals - Civil - Torts
Lead:93-CV-0113Consolidated: 94-CV-0014 , 94-CV-1309
Superior Court or Agency Case Number:CA8436-91Filed Date:02/08/1993

Opening Event Date:02/08/1993Case Status:Closed
Record Completed:05/19/1993Post-Decision Matter Pending:
Briefs Completed:08/01/1995
Argued/Submitted:04/23/1996
Disposition:Next Scheduled Action:
Mandate Issued:11/04/1997

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantDistrict of ColumbiaN
Donna M. MuraskyYY
Charles L. Reischel NN
AppelleeWilliam Walker N
Marc I. FiedlerYY
Joseph H. Koonz NN
Victor E. LongNY

Events
Event DateStatusDescriptionResult
02/08/1993NOTICE OF APPEAL
02/18/1993STATEMENT of the issue to be raised on appeal.
02/18/1993APPELLANT'S DOCKETING STATEMENT
02/18/1993STATEMENT - of aplt re rt's
04/05/1993RECORD ON APPEAL
04/15/1993SUPPLEMENTAL RECORD - #1 (513 pgs/Tanner) 11/26-28/92 proc.
05/19/1993SUPPLEMENTAL RECORD #2 (419-pgs/holley 10/21,22/92 proc)
05/19/1993RECORD COMPLETED
06/11/1993ORDER: 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. Any requests for an extension of time will be looked upon with disfavor and granted only in extraordinary circumstances. (By WHN)
06/21/1993APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to hold appeal in abeyance.
06/24/1993APPELLANT'S ANSWER/RESPONSE to motion to hold appeal in abeyance
08/12/1993ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION to hold appeal in abeyance and this appeal is hereby stayed. F/O that appellee shall advise this court within 30 days from the date of this order as to the status of the pending motion filed in the trial court. (By RO)
08/12/1993CASE STAYED
10/20/1993ORDER - ORDERED that appellee shall advise this court within 15 days from the date of this order as to the status of the pending motion filed in the trial court. Failure to comply with this order may result in the stay entered by this court's August 12, 1993, order being vacated. (By WHN)
11/02/1993STATEMENT in to the pending motion in the trial court.
12/03/1993NOTICE RECEIVED of trial court proceedings.
12/29/1993NOTICE RECEIVED of trial court proceedings - leave granted to file notice of cross appeal.
02/09/1994ORDER GRANTING APPELLANT'S MOTION TO CONSOLIDATE, and appeal nos. 93cv113 and 94cv14 are consolidated for all purposes herein. (More)
02/09/1994ORDER GRANTING APLT MOTION FOR LEAVE TO FILE DS, and the Clerk shall file the lodged docketing statement, designation of record, statement regarding transcript and statement of the issue to be raised on appeal. F/O that counsel for appellant shall, within 20 days from the date of this order, show cause as to why the stay issued by this court on August 12, 1993, in no. 93cv113, should not be lifted. (By: JWR)
02/09/1994APPELLANT'S DOCKETING STATEMENT
02/09/1994DESIGNATION OF RECORD
02/09/1994STATEMENT REGARDING TRANSCRIPT(S)
02/09/1994STATEMENT of issue to be raised on appeal.
03/01/1994APPELLANT'S ANSWER/RESPONSE to this court's order of feb. 9, 1994.
03/03/1994RECORD ON APPEAL
03/03/1994APPELLANT'S ANSWER/RESPONSE to court's order of February 9, 1994. (Supplemental Response)
03/10/1994SUPPLEMENTAL RECORD #2 (Exhibits-one brown envelope).
03/11/1994APPELLANT'S SECOND SUPPLEMENTAL ANSWER/RESPONSE to this courts order of 2/9/94.
04/05/1994ORDER - ORDERED that the brief of appellant/cross-appellee shall be filed within 40 days from the date of this order and the brief of appellee/cross-appellant shall be filed within 30 days thereafter.(By JMF)
04/05/1994PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED
05/09/1994APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF-toJuly 14, 1994
05/10/1994APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF- corrected Until July 14, 1994
07/07/1994APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until July 14, 1994. (supplemental motion)
08/05/1994RECEIVED brief for the District of Columbia (appellant)
08/15/1994ORD GRANT APLT MOTIONS TO EXTEND TIME TO FILE BRIEF and the lodged brief of appellant/cross-appellee is filed. F/O that the brief of appellee/cross-appellant shall be filed on or before September 9, 1994. (By AMW)
08/15/1994APPELLANT/CROSS-APPELLEE'S BRIEF - FILED
09/06/1994APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF until 11/18/94. (no oppo.)
09/06/1994MOTION(S) FEE PAID
09/20/1994ORD GRANT APLE MOTION TO EXTEND TIME TO FILE BRIEF and the brief of appellee shall be filed on or before November 18, 1994. (By WHN)
10/26/1994APPELLEE'S MOTION TO CONSOLIDATE
10/26/1994MOTION(S) FEE PAID
11/03/1994RECEIVED appellee's reply to opposition to motion to hold appeal in abeyance, response to motion to conolidate, and cross-motions to sever nos. 93-CV-113 & 94-CV-14 and to consolidate nos. 94-CV-14 & 94-CV-1309.
11/18/1994APPELLANT'S REPLY to appellee's response to motion to consolidate.
11/18/1994APPELLEE'S MISCELLANEOUS PROCEDURAL MOTION of William Walker to suspend the briefing schedule (by consent).
11/30/1994ORD GRANT APLE MOTION FOR LEAVE TO FILE OPPOSITIONin no. 94-CV-1309 to the motion to hold appeal no. 94-CV-1309 in abeyance. (By FE, FA, GA)
11/30/1994APPELLEE'S OPPOSITION in no. 94-CV-1309 to the motion to hold appeal no. 94-CV-1309 in abeyance.
11/30/1994ORDER DENYING APLT MOTION TO HOLD CASE IN ABEYANCE in no. 94-CV-1309.
11/30/1994ORDER GRANTING APPELLEE'S MOTION TO CONSOLIDATE appeals nos. 93-CV-113, 94-CV-14, and 94-CV-1309 and these appeals are consolidated for all purposes without prejudice to the filing by appellant/cross-appellee a motion to dismiss 94-CV-14 for lack of jurisdiction as untimely filed.
11/30/1994ORDER DENYING APLE MISCELLANEOUS PROCEDURAL MOTIONto suspend the briefing schedule in appeals nos. 93-CV-113 and 94-CV-14. It is F/O that appellee/cross-appellant in 93-CV-113 and 94-CV-14 shall, within 30 days from the date of this order file his brief. (by FE, FA, GA)
12/14/1994APLE-X-APLT MOTION TO EXTEND TIME TO FILE BRIEF to 45 days
12/14/1994MOTION(S) FEE PAID
12/19/1994APPELLANT/CROSS-APPELLEE'S OPPOSITION to motion to alter and suspend briefing schedule.
12/23/1994APPELLEE'S REPLY -to opposition to motion to alter and suspend briefing schedule
01/11/1995TMC - Aple/Crs-Aplt (Walker in cross appeals & Tobey in 94-CV-1309) mot to alter and suspend brf scheduled. - Aplt/Crs-Aple (DC) opposition to mot to alter and suspend brf schedule - Aple/Crs-Aplt (Walker in cross appeals & Tobeyin 94-CV-1309) reply to oppo
02/03/1995ORDER DENYING the motion of appellees William Walker and Patricia Tobey to alter and suspend the briefing schedule (See the motion for an extension of time....). F/O that appellee William Walker shall file his brief in appeals nos. (93-CV-113 and 94-CV-14 within 15 days from the date of this order. (By: FE, FA, GA)
02/15/1995RECORD ON APPEAL w/exhibit (small yellow enevolpe attached to original ROA -- pg # 265)
02/21/1995APPELLEE'S MOTION FOR RECONSIDERATION -cross aplt or in the alternative for enlargement of time
02/21/1995MOTION(S) FEE PAID
02/28/1995APPELLEE'S ANSWER/RESPONSE to the motion of appellee/cross-appellant for reconsideration or, in the alternative, for enlargement of time.
03/03/1995TMC - Aple/ Aplt's motion for reconsideration, or in the alternative, for enlargement of time 2/21 - Aplt/Aple's response to the motion for reconsideration, or in the alternative, for enlargement of time 2/28
03/08/1995APPELLEE'S REPLY to Appellant/Cross-Appellee's response to motion for reconsideration, or, in the alternative, for enlargement of time.
03/21/1995ORDER DENY APPELLEE MOTION FOR RECONSIDERATION of appellee/cross-appellant William Walker and appellee Patricia Tobey. F/O that the motion for an enlargement of time is GRANTED, and appellee/cross-appellant William Walker shall file his brief in nos. 93-CV-113 and 94-Cv-14 on or before april 3, 1995. Any further request for an extension of time will be looked upon with disfavor and granted only uopn a showing of good cause. (By: FE, FA, GA)
03/31/1995APLE-X-APLT MOTION TO EXTEND TIME TO FILE BRIEF
04/05/1995MOTION(S) FEE PAID for mexb
04/10/1995APLE MOTION FOR LV TO FILE BRF IN EXCESS OF PAGES (cross-appellant) (vvd)
04/10/1995RECEIVED - aple x aplt brief
04/10/1995MOTION(S) FEE PAID
04/12/1995TMC - MEXB 3/31/95 - MELX 4/10/95 - BEARB (RECVD W/MELX) 4/10/95
04/28/1995ORDER GRANT APLE-X-APLT MO TO EXT TM TO FILE BRIEF (More)
04/28/1995ORD GRT APLE MO FOR LV TO FL BRF IN EXCESS OF PGS (cross-appellant), and the Clerk shall file the lodged brief of appellee/cross-appellant Walker. (By: FE, ST, GA)
04/28/1995APPELLEE/CROSS-APPELLANT'S BRIEF of William Walker
05/02/1995APLT-X-APLE MOTION TO EXTEND TIME TO FILE reply brief 6/19/95
05/30/1995ORDER GRANT APLT-X-APLE MO TO EXT TM TO FILE BRIEF and the reply brief of appellant/cross-appellee shall be filed on or before June 19, 1995. Any further request for an extension of time will be looked upon with disfavor and granted only upon a showing of good cause. (BY WHN)
06/08/1995APPELLANT-CROSS-APPELLEE EXTENSION OF TIME TO FILE THE REPLY BRIEF ON OR BEFORE 6/23/95.
06/19/1995APPELLANT-CROSS-APPELLEE EXTENSION OF TIME TO FILE THE REPLY BRIEF ON OR BEFORE 6/30/95 (SUPPLEMENTAL)
06/30/1995RECEIVED - reply brief for aplt and brief of cross aple
06/30/1995LETTER from Donna M. Murasky, Assistant Corp. Counsel in re to the cross-appellee's brief.
07/21/1995ORD GRANT APLT X APLE MO TO EXT TIME TO FILE REPLY BRIEF and the Clerk shall file the lodged reply brief of appellant and brief as cross-appellee. F/O that the reply brief of appellee/cross appellant, if any, shall be filed within 21 days from thedate of this order (BY AMW).
07/21/1995APPELLANT-CROSS-APPELLEE REPLY BRIEF
08/01/1995APPELLEE'S REPLY BRIEF and cross-appellants for 93-CV-113 & 94-CV-14.
08/01/1995BRIEFS COMPLETED
08/23/1995FINAL SCREENING - REGULAR CALENDAR
09/01/1995LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING
09/06/1995LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING (appellant's)
09/12/1995LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
11/01/1995APPELLEE'S MISCELLANEOUS PROCEDURAL MOTION to file substitute brief
11/01/1995RECEIVED - aple's substitute brief
11/01/1995MOTION(S) FEE PAID
11/01/1995APPELLEE'S MISCELLANEOUS SUBSTANTIVE MOTION to remove appeals from calendar.
11/06/1995APPELLANT'S OPPOSITION to mot. to file substitute brief
11/06/1995APPELLANT'S OPPOSITION to motion to remove appeals from calendar.
11/14/1995APPELLANT'S REPLY to opposition to motion remove appeals from calendar.
11/14/1995APPELLEE/CROSS-APPELLANT'S REPLY- to opposition to motion to fle substitute brief
11/21/1995ORDER On consideration of appellee/cross-appellant's motion to remove appeals from the calendar, the District of Columbia's opposition, and it appearing that these appeals are scheduled on the regular calendar of Tuesday, November 28, 1995, at 9:30 a.m., it is ORDERED on behalf of the merits division assigned to consider these appeals that the motion isgranted and these appeals are removed from the regular calendar of Tuesday, November 28, 1995. It is F/O that the appellant's brief in appeal number 94-CV-1309 shall be filed within 40 days from the date of this order and appellee's brief shall be filed 30 days thereafter. It is F/O that after the completion of briefing, these appeals shall be rescheduled as special sitting before the merits division assigned to consider these appeals as soon asthe calendar permits. (jac for WHN)
12/28/1995APPELLANT'S MOTION TO HOLD CASE IN ABEYANCE 94-CV-1309
01/31/1996APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to schd oral argument
03/05/1996ORDER upon consideration of the unopposed motion of aplt/x-aple D.C. in consolidated appeal nos. 93-CV-113, 94-CV-14, & 94-CV-1309 to hold appeal in abeyance, and the subsequent unopposed motion of aplt/x-aple to schedule oral argument, and it appearing that aplt/x-aple has abandoned all issues presented solely by appeal no. 94-CV-1309 and it further appearing that the parties agree that the only remaining issues are those presented in aplt/x-aple's brief in appeal nos. 93-CV-113 and 94-CV-14, it is Ordered that the motion to hold appeal in abeyance is dismissed as moot. It is Further Ordered that the motion to schedule oral argument is granted. The Court will notify the parties of the date set for oral argument. (WA,ST,KG)
03/14/1996ORDER - It is ORDERED, sua sponte, that this matter is scheduled for argument on Tuesday, April 23, 1996, at 9:30 a.m. The parties are to be present in the District of Columbia Court of Appeals Courtroom, located on the sixth floor, at 9:25 a.m. on that date. WASTKG
04/23/1996ARGUED (WA,ST,KG) Donna M. Murasky, Esq., for appellant Marc I. Fiedler, Esq., for appellee
02/06/1997REVERSED The judgment against the Distict in favor of William Walker is reversed. The judgment against the District in favor of Patricia Tobey is vacated and the case remanded. Opinion
02/19/1997APLE MO TO EXTEND TIME TO FILE PET FOR REH/REH EB Walker & Tobey
02/19/1997MOTION(S) FEE PAID
02/21/1997ORD GRT APLE MO TO EXT TM TO FL PET FOR REH/REH EB on or before March 14, 1997. (WA)
03/18/1997APPELLEE'S MISCELLANEOUS PROCEDURAL MOTION for enlargment of time to file petition for rehearing or rehearing en banc no oppo William Walker & Patricia Tobey
03/24/1997RECEIVED appellee's petition for rehearing or rehearing en banc (pending motion)
03/26/1997ORD GRT APLE MO TO EXT TM TO FL PET FOR REH/REH EB and the Clerk is directed to file the lodged petition. (WA)
03/26/1997APLE'S PETITION FOR REHEARING/REHEARING EN BANC
03/31/1997ORDER that appellant, within 20 days from the date of this order, shall file a response to pet for reh/reh en banc (10 copies). (WA)
04/15/1997APLT MOTION TO EXTEND TIME TO FILE ANSWER/RESPONSEto 5/5/97 no oppo
04/18/1997ORD GRT APLT MO TO EXT TM TO FILE ANSWER/RESPONSE to pet for reh/reh en banc on or before May 5, 1997. (WA)
05/02/1997APLT MO TO EXTEND TIME TO FL PETITION FOR REH/EB supplemental to 5/5/97 no oppo
05/06/1997ORD GRT APLT MO TO EXTEND TIME TO FILE OPPOSITION and aplt's opposition to pet for reh/reh en banc shall be filed on or before May 8, 1997. (WA)
05/07/1997APPELLANT'S OPPOSITION to pet for reh/reh en banc
10/27/1997ORDER DENY APPELLEE'S PETITION FOR REH/REH EN BANC (EB) (Chief Judge Wagner would grant rehearing.)
11/04/1997MANDATE ISSUED