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United States Court Cases

District Of Columbia Court Of Appeals Record

CONSUMERS UNITED INS. CO. V. ROBERT H. SMITH, ET AL.

Case Information: 93-CV-0060
Short Caption:CONSUMERS UNITED INS. CO. V. ROBERT H. SMITH, ET AL.Classification:Appeals - Civil - Torts
Superior Court or Agency Case Number:CA15096-91Filed Date:01/07/1993

Opening Event Date:01/07/1993Case Status:Closed
Record Completed:03/25/1993Post-Decision Matter Pending:
Briefs Completed:
Argued/Submitted:
Disposition:Next Scheduled Action:
Mandate Issued:07/07/1993

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
Amicus-AppellantNational Association of Insurance CommissionersN
AppellantConsumers United Insurance CompanyN
David EpsteinNY
George Miron NN
AppellantConsumers United Insurance CompanyN
Duane D. Morse NN
Robert R. Veith NN
AppelleeCharles E. Smith ManagementN
William D. NussbaumNY

Events
Event DateStatusDescriptionResult
01/07/1993NOTICE OF APPEAL
02/02/1993COPY OF SUPERIOR COURT LETTER to aplt's counsel dtd 1/28/93 re record pick up
02/12/1993ORDER: Appellant shall, within 15 days from the dater of this order, tender the $50 docketing fee, and file the docketing statement, designation of record, and statement regarding transcript with the Superior 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 above or to request an extension of time within which to do so, or this appeal may be dismissed. F/O that appellant shall, within 10 days from the date of this order, have the record transmitted to this court, accompanied by a motion for leave to file or to request an extension of time within which to do, or this appeal may be dismissed. (By WHG)
03/01/1993COPY OF SUPERIOR COURT LETTER to aplt's counsel dtd 2/26/93 re record pick up
03/11/1993APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for leave to file the record on appeal late
03/11/1993RECEIVED record on appeal.
03/25/1993ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION and the lodged record on appeal is filed. 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. (BY WHN)
03/25/1993RECORD ON APPEAL
03/25/1993RECORD COMPLETED
04/02/1993APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION (DONNA LEE H. WILLIAMS, INSURANCE COMMISSSIONER FOR DELAWARE AND RECIEVER OF CONSUMERS UNITED INSUANCE COMPANY, (i) TO EXPEDITE PROCEEDINGS BY COMPRESSIIN THE BRIEFING SCHEDULE IN APPEAL AND TO STAY PROCEEDINGS IN APPEAL 92 cv 1496
04/02/1993MOTION(S) FEE PAID
04/08/1993APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION (consent) for substitition of counsel for consumers united insurance company
04/08/1993MOTION(S) FEE PAID
04/14/1993APPELLEE'S OPPOSITION to aplt's motion to expedite
04/14/1993APPELLEE'S MOTION TO DISMISS/WITHDRAW APPEAL
04/14/1993MOTION(S) FEE PAID
04/20/1993APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until 6/4/93.
04/20/1993MOTION(S) FEE PAID
04/22/1993APPELLEE'S OPPOSITION to motion to stay in 92-cv-1496
05/04/1993AMICUS CURIAE MOTION FOR LEAVE TO FILE BRIEF
05/04/1993RECEIVED - amicus curiae in support of aplt
05/04/1993APLT MOTION FOR LEAVE TO SUPPLEMENT THE RECORD
05/04/1993MOTION(S) FEE PAID
05/04/1993AMICUS CURIAE MOTION FOR LEAVE TO FILE BRIEF of National Organization of Life and Health Insuarnce guaranty associations, in support of aplt consumer United Insuarance company
05/04/1993MOTION(S) FEE PAID
05/04/1993RECEIVED AMICUS CURIAE BRIEF
05/04/1993RECEIVED APPELLANT'S BRIEF of Donna Lee H. Williams receiver for consumers united insurance company in rehabilitation.
05/05/1993APPELLEE'S MISCELLANEOUS PROCEDURAL MOTION to strike aplt's brief & suspend briefing schd
05/05/1993MOTION(S) FEE PAID
05/07/1993error
05/11/1993APPELLEE'S OPPOSITION to file amici curiae
05/13/1993AMICUS CURIAE'S ANSWER/RESPONSE to aple's oppo to motion for leave
05/13/1993APPELLANT'S OPPOSITION to appellee's motion to strike appellant's brief and to suspend briefing schedule.
05/18/1993APPELLEE'S REPLY in support of aple's motion to strike aplt's brief and suspend brfg schd
05/27/1993VOTE SHEET all pending motions
06/09/1993APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION FOR LEAVE TO APPEAR PRO HAC VICE-(National Association of Insurance Commissioners).
06/09/1993MOTION(S) FEE PAID
06/11/1993ORDER grant motion and supplemental motion of appellant to restore 93-CV-61 & 93-CV-61 is reinstated; sua sponte, consolidate 92-CV-1496, 93-CV-16, 93-CV-61, 93-CV-277, and 93-CV-280; aplt to tender $50 fee and file docketing statement, designation of record, and statement regarding trasncript on nos. 93-Cv-277 and 93-Cv-280 in 15 days; deny motion of appellees to dismiss 93-CV-60 and grant request of the commissioner to dismiss 93-CV-60; record on appeal filed in 93-Cv-60 is deemed filed in 93-CV-16 and all other pleadings filed in 93-CV-60 shall be deemed filed on 93-CV-16; grant motion of the Commissioner to expedite proceedings to the extent as specified in this order; deny motion of the Commissioner to stay 92-Cv-1496; deny motion of appellant to stay no. 92-CV-1496; grant motion of the Commissioner to supplement the record and the Clerk shall file the transcript of the 2/5/93 hearing before Judge Suda as a supplemental record; deny motion of appellees to strike appellant's brief and appellant's brief is filed; grant the consentof appellant to substitute counsel and David Epstein, Esquire, and George Miron, Esquire, are substituted for Duane Morse, Esquire, and Philip Anker, Esquire; grant motion of NAIC to enter appearance of Michael E. Surguine, Esquire, pro hac vice; grant motion of NAIC for leave to file amicus curiae brief and the brief is filed; grant the motion of NOLHGA for leave to file an amicus curiae brief and the brief is filed; grant motion of NOLGHA for leave to participate in oral arguement to the extent that the Commissioner is willing to cede time; appellant in 93-CV-16 to show cause in 20 days why case should not be dismissed for lack of jurisdiction; Clerk of the Superior Court to prepare and transmit the record in 93-CV-277 and 93-CV-280 on or before June 30, 1993; the consolidated brief of appellant shall be filed by July 30, 1993, the brief of appellees shall be filed on or before August 19, 1993, and the reply brief of appellant, if any, shall be filed on or before September 2, 1993; cases to be scheduled on the October 1993 calendar. (By FE-ST-PY)
06/11/1993DISMISSED
07/07/1993MANDATE ISSUED