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United States Court Cases

District Of Columbia Court Of Appeals Record

ALAN GRAYSON V. AT&T CORPORATION, ET AL

Case Information: 07-CV-1264
Short Caption:ALAN GRAYSON V. AT&T CORPORATION, ET ALClassification:Appeals - Civil - Other Civil
Lead:07-CV-1264Consolidated: 08-CV-1089
Superior Court or Agency Case Number:CAB1425-02Filed Date:11/16/2007

Opening Event Date:11/16/2007Case Status:Closed
Record Completed:04/01/2008Post-Decision Matter Pending:
Briefs Completed:07/07/2008
Argued/Submitted:06/22/2010
Disposition:Next Scheduled Action:
Mandate Issued:02/10/2011

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
Amicus CuriaeDistrict of ColumbiaN
Todd S. KimNY
Bennett Rushkoff YN
Amicus CuriaePatients Not Patents Inc.N
Jeffrey L. LightYY
Amicus CuriaeU.S. Public Interest Research Group, Et AlN
Hassan A. Zavareei NN
Amicus CuriaeNational Consumers LeagueN
Donald J. Enright NN
Amicus CuriaePublic Citizen, Inc.N
Deepak Gupta NN
Amicus CuriaeLegal Aid Society of the District of ColumbiaN
Amicus CuriaePacifica Legal FoundationN
Hadzi Antich YN
Amicus-AppellantBrit A. Shaw N
Paul D. CullenNN
Joyce E. MayersNN
Amicus-AppelleeUnited States Chamber of CommerceN
Evan M. Tager NN
AppellantAlan Grayson N
Frederick Cooke, Jr.NY
Victor A. Kubli YN
AppelleeAt&t CorporationN
Daniel R. FormanYN
Wilma A. Lewis NN
Ashley Bailey NN
AppelleeSprint CorporationN
John E. Villafranco NN
Daniel R. FormanNN
Thomas E. Gilbertsen YN
AppelleeSprint CommunicationN
John E. Villafranco NN
Daniel R. FormanNN
Thomas E. Gilbertsen YN
AppelleeVerizonN
Michael F. Williams NN
Jennifer K. HardyNN
Jay P. Lefkowitz YN

Events
Event DateStatusDescriptionResult
11/16/2007NOTICE OF APPEAL
12/13/2007 On consideration of the notice of appeal filed in this case and it appearing that this appeal meets the initial criteria for inclusion in the mandatory mediation program, See Administrative Order M229-07, it is ORDERED that appellant must within 20 days from the date of this order complete and file with this court a single copy of the attached statement regarding transcript. Motions for extensions of time to file this form must give specific reasons for a short extension and are not looked upon favorably. Where transcript(s) necessary for this appeal have been ordered and completed for non-appeal purposes, appellant must advise the Court Reporting Division to forward those transcript(s) for inclusion in the record on appeal. If partial transcripts are being ordered, appellant must file a statement of issues to be presented with this court within 10 calendar days from the date of this order. See D.C. App. R. 10(b)(3)(A). It is F/ORDERED that counsel for all parties must, within 20 days from the date of this order, individually complete and file with this court two (2) copies of the attached screening statement. Motions for extensions of time to file this form must give specific reasons for a short extension and are not looked upon favorably. If after review of all information the case is selected for inclusion in the mandatory mediation program, counsel will be contacted by the Senior Judge assigned as mediator and must comply with all provisions of administrative order M229-07. If the case is not selected, the appeal will proceed without any delay. It is FURTHER ORDERED that failure of the parties to comply with this order may result in the imposition of sanctions. (GP) elp
01/02/2008CIVIL APPEALS SCREENING STATEMENT (AT&T & AT&T Wireless) & (SPRINT CORP & SPRINT COMMUNICATION & VERIZON) (elp)
01/03/2008STATEMENT REGARDING TRANSCRIPT(S) (RT-NEEDED/RT-ORDERED for 11/7/07) (elp)
01/03/2008CIVIL APPEALS SCREENING STATEMENT aplt
01/17/2008 On consideration of this court's order of December 13, 2007, which directed counsel for all parties to file individual screening statements, and it appearing that appellees have failed to comply with the order and it further appearing that appellee Verizon did not receive a copy of the order, it is ORDERED that counsel for appellees Sprint Corporation and Sprint Communication shall, within 10 calendar days from the date of this order, submit to this court two (2) copies of the attached screening statement, 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 statement or to request an extension of time within which to do so. Failure to comply with this order may result in the imposition of sanctions. It is FURTHER ORDERED that counsel for appellee Verizon must, within 20 calendar days from the date of this order, individually complete and file with this court (2) copies of the attached screening statement. Motions for extensions of time to file this form must give specific reasons for a short extension and are not looked upon favorably. If afte review of all information the case is selected for inclusion in the mandatory mediaion program, counsel will be contacted by the Senior Judge assigned as mediatior and must comply with all provisions of administrative order M229-07. If the case is not selected, the appeal will proceed without any delay. Failure to comply with this order may result in the imposition of sanctions. (GP) elp
01/23/2008NO MEDIATION
01/28/2008 On consideration of this court's order of January 17, 2008, which directed appellees Sprint Corporation and Sprint Communication to submit two copies of the screening statement, accompanied by a motion for leave to file out of time, and appellee Verizon to file two copies of the screening statement within 20 days, and it appearing that appellees have file a joint screening statement on January 2, 2008, it is ORDERED that this court's order of January 17, 2008. is hereby vacated. (ETW) elp
02/06/2008RECEIVED - Civil appeals screening statement (from Verizon)(sent back motion was not included)
02/06/2008APPEARANCE - of Gregory L. Skidmore counsel for (aple - Verizon)
02/12/2008CIVIL APPEALS SCREENING STATEMENT (VERIZON COMMUNICATIONS, INC)
04/01/2008RECORD INDEX
04/01/2008SUPPLEMENTAL RECORD #1 (76 pgs/Van Bremen)(11/7/07 proc.)
04/01/2008RECORD COMPLETED
04/02/2008 It appearing that the complete record on appeal has been filed with this court, and it further appearing that the court did not direct this matter to mediation, it is ORDERED that appellant's 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 appellees' briefs shall be filed within 30 days thereafter. See D.C. App. R. 31. (GP) elp
05/09/2008APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until June 2, 2008 (no oppo)
05/13/2008 On consideration of appellant's consent motion for an extension of time within which to file the brief and the appendix, it is ORDERED that the motion is granted and appellant's brief and the appendix shall be filed on or before June 2, 2008. (GP) elp
06/02/2008APPELLANT'S BRIEF
06/02/2008APPENDIX
07/07/2008APPELLEE'S BRIEF (All Appellees) (*entry modified to reflect all aples after order mailed on 7/10/08) (elp)
07/07/2008BRIEFS COMPLETED
07/10/2008 It appearing that the brief of appellant and the appendix were filed with this court on June 7,2008, and it further appearing that the briefs of appellees Sprint Communication, Sprint Corporation, and Verizon were due to be filed on or before July 7, 2008, (See D.C. App. R. 31), but the briefs have not been filed, it is ORDERED that appellees Sprint Communication, Sprint Corporation and Verizon shall within 20 days from the date of this order submit their briefs, or a statement that the party will not be filing a brief, 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 brief, or statement, or to request an extension of time within which to do so. Failure to comply with this order, shall subject this appeal to being scheduled for consideration on the record and appellate briefs on file. (GP) elp
07/15/2008 On consideration of this court's order of July 10, 2008, which directed counsel for appellees Sprint Communication, Sprint Corporation and Verizon to file their briefs within 20 days from the date of this order, accompanied by a motion for leave to file out of time, and it appearing that appellees have filed a joint brief with this court on July 7, 2008, it is ORDERED that this court's order of July 10, 2008, is hereby vacated. It is FURTHER ORDERED that this appeal shall be scheduled for consideration before a merits division as soon as the calendar permits. (ETW) elp
08/04/2008APPELLANT'S REPLY BRIEF
08/08/2008FINAL SCREENING - REGULAR CALENDAR
12/12/2008 It appearing that this appeal is likely to be calendared for argument during the months of March 2009 thru May 2009, it is ORDERED that counsel shall advise this court in writing by January 12, 2009 of specific dates during that period when they are unavailable so that the court can attempt to avoid such dates in scheduling argument. Counsel must continue to advise the court of availabilities for subsequent months until this case is in fact set for argument. Note that the calendar is prepared approximately two months in advance, e.g. January calendar set for release at the end of November. The court does not encourage the filing of motions to postpone a scheduled argument. If you do seek a change in a scheduled argument date, your motion should both indicate the opponent's position with respect to your request and alternative dates when you and opposing counsel would be available. You may call the Calendar Clerk prior to filing such a motion for information on dates in the scheduled month when the courtroom is available.(aj) Garland Pinkston, Jr. Clerk
01/12/2009LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING aple (AT&T Corp.)
01/12/2009LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING aple Jay P. Lefkowitz, P.C.
01/29/2009CALENDAR NOTICE SENT
03/04/2009ARGUED before Judges Reid, Kramer, Belson Frederick Cooke, Jr. Esq. for appellant Daniel R. Forman, Esq. for appellee Jay P. Lefkowitz, Esq. for appellee
09/17/2009AFFIRMED IN PART/REVERSED IN PART Opinion (Reid, Kramer, Belson) and Judgment affirming the dismissal of the FCA claim, and reversing the dismissal of the CPPA claim and remanding the case for further proceedings as to that claim. APPEARS AT 680 A.2D 1137 (THE PORTION OF THIS OPINION WHICH ADDRESSES THE CPPA CLAIMS IS HEREBY VACATED - SEE ORDER FILED ON FEB. 22, 2010.) (OPINION REVISED 1/20/11 (pii))
10/01/2009APPELLEE'S PETITION FOR REHEARING EN BANC
11/10/2009ORDER that appellant, within 14 days from the date of this order, shall file a response to pet for reh en banc. (10 copies) (WH)
11/23/2009APPELLANT'S OPPOSITION to aple's pet for reh en banc.
02/18/2010APPELLEE'S (IN 08-CV-1089) MOTION TO CONSOLIDATE THEIR PETITION FOR REHEARING WITH THE PETITION FOR REHEARING IN THIS APPEAL.
02/22/2010FiledORDER GRANTING APLE PETITION FOR REHEARING EN BANC and that portion of the opinion of 9/17/09, in appeal no. 07-CV-1264, which addresses the CPPA claims is hereby vacated, and the MOJ of 11/10/09, in appeal no. 08-CV-1089, is hereby vacated. Further Ordered that these appeals are hereby consolidated for all purposes. Further Ordered that the Clerk shall schedule these matters for argument before the court sitting en banc as soon as the calendar permits. Further Ordered that the District of Columbia is invited to participate as amicus curiae in these proceedings. Further Ordered that, in order to avoid duplicative briefing, appellants are strongly encouraged to file a joint brief, and appellees likewise are strongly encouraged to file a joint brief. Appellants shall file their brief within 40 days from the date of this order, appellees and amicus curiae shall file their briefs within 30 days after filing of appellants' brief, and any responsive brief shall be filed 20 days thereafter. Each party shall file 10 copies of its briefs. These new briefs shall be specifically designed for consideration by and addressed to the en banc court and shall supersede all briefs previously filed in these appeals. It is Further Ordered that any requests for extension of time will be looked upon with disfavor and will be granted only upon a showing of good cause. (WHRZRDGLKRFIBRTHOB); order published 2/25/10.
02/23/2010LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING (en banc argument for the month of June)
02/23/2010LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING (en banc argument for the month of June)
03/30/2010APPEARANCE - of Thomas E. Gilbertsen on behalf of aple (Sprint Corp., Sprint Communication)
04/05/2010APPELLANT'S BRIEF en banc (Walter Diercks)
04/05/2010APPENDIX (joint)
04/07/2010AMICUS CURIAE MISCELLANEOUS PROCEDURAL MOTION for leave to file an amici curiae brief on 5/5/10 (no oppo)
04/07/2010AMICUS CURIAE MOTION FOR LEAVE TO FILE BRIEF and request to file the amicus brief on 5/5/10 (by Patients Not Patents, Inc.)
04/07/2010APLT MOTION FOR LV TO FILE AMENDED/CORRECTED BRIEF(Grayson)(Aplt Breakman did not consent)
04/07/2010RECEIVED - Corrected Joint Brief of Appellant Grayson and Breakman
04/08/2010LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING aple
04/09/2010AMICUS CURIAE MOTION FOR LEAVE TO FILE BRIEF United States public interest research groups, consumers Jarrod Beck, Keerthi Reddy, Erin Galloway, and the National Consumer League. to 5/5/10 JOINT
04/26/2010ORDER GRANTING AC'S MOTION FOR LEAVE TO FILE BRIEF and the brief of amici (Legal Aid Society and Public Citizen) and the brief of amicus (Patients Not Patent, Inc.) shall be filed on or before May 5, 2010. The joint motion of U.S. Public Interest Research Groups; Consumers Jarrod Beck, Keerthi Reddy, Erin Galloway, and the National Consumers League is granted only to the extent that the movants shall file a joint amici brief on or before May 5, 2010. The Clerk is directed to file the lodged corrected joint brief of appellants. (WHRZRDGLKRFIBRTHOB)
04/26/2010APPELLANT'S BRIEF (Joint Corrected Brief of Appellants Grayson and Breakman)
04/30/2010CALENDAR NOTICE SENT
05/05/2010AMICUS CURIAE'S BRIEF (Pacific Legal Foundation)
05/05/2010AMICUS CURIAE'S BRIEF (Legal Aid Society of D.C. Public Interest, National Association of Consumer Advocates, and National Consumer Law)
05/05/2010AMICUS CURIAE MOTION FOR LEAVE TO FILE BRIEF (Shaw)
05/05/2010RECEIVED Brief of Amicus (Shaw).
05/05/2010APPELLEE'S BRIEF(Joint Appellee's) (AT&T, Sprint, Verizon, AT&T Wireless)
05/05/2010AMICUS CURIAE'S BRIEF (National Consumers League and individual Consumers Jarrod Beck, Keerthi Reedy, and Erin Galloway)
05/05/2010AMICUS CURIAE'S BRIEF (Patients not Patents, Inc.)
05/05/2010AMICUS CURIAE'S BRIEF (District of Columbia)
05/12/2010AMICUS CURIAE'S BRIEF (US Chamber of Commerce) in Support of APpellee's and Affirmance on Rehearing En Banc.
05/21/2010AMICUS CURIAE MISCELLANEOUS SUBSTANTIVE MOTION to participate in oral argument.
05/25/2010APPELLANT'S REPLY BRIEF (Joint for Grayson and Breakman)
05/25/2010APPELLEE'S REPLY BRIEF (Joint)
05/26/2010AMICUS CURIAE'S MOTION FOR LEAVE TO FILE A REPLY filed by: Melanie Zavareei, Tracy D. Rezani
05/26/2010AMICUS CURIAE MOTION REQUESTING ORAL ARGUMENT (National Consumers League). (withdrawn by movant -- no action taken, not circulated. jac)
05/28/2010AMICUS CURIAE MOTION REQUESTING ORAL ARGUMENT (DC)(Consent).
06/11/2010APPELLEE'S OPPOSITION (joint) oppo to mot for leave to file an Amicus reply brief.
06/15/2010On consideration of the motion of Brit A. Shaw for leave to file the lodged brief as amicus curiae, the motion of the Legal Aid Society, et al., to participate in oral argument sharing the time of appellants, the consent motion of the District of Columbia for leave to participate in oral argument sharing the time of appellees, the motion of the National Consumers League, et al., to file a reply brief as amicus curiae, and the oppositon thereto, it is ORDERED that the motion of Brit A. Shaw is granted and the lodged brief is filed. It is (more)
06/15/2010FURTHER ORDERED that the motion of the Legal Aid Society, et al., to participate in oral argument is granted and it may share the argument time allotted to appellants. It is FURTHER ORDERED that the motion of the District of Columbia, to participate in oral argument is granted and it may share the argument time allotted to appellees. It is FURTHER ORDERED that the motion of National Consumers League, et al., is denied. (*WH,*RZ,RD,*GL,KR,FI,B-R,**TH,*OB) *Judges Washington, Ruiz, Glickman, and Oberly voted to deny the motion of Brit Shaw for leave to file a brief as amicus curiae. **Judge Thompson voted to grant the motion of National Consumers League to file an amicus reply brief.
06/15/2010AMICUS CURIAE'S BRIEF (Brit A. Shaw)
06/22/2010FiledACTION - Argued / Submitted
06/22/2010ARGUED before Judges Washington, Ruiz, Reid, Glickman, Kramer, Fisher, Blackburne-Rigsby, Thompson, Oberly Walter E. Diercks, Esq. for appellant Victor A Kubli, Esq. for appellant Bonnie I. Robin-Vergeer, Esq. for amicus curiae Bennett Rushkoff, Esq. for appellee Jay P. Lefkowitz, Esq. for appellee
12/09/2010COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS (Legal Aid Society) Granted
12/17/2010ORD GRT COUNSEL MO TO WITHDRAW FOR BUSINESS REASON adn the appearance of Bonnie Robin-Vergeer, Esquire, as counsel for the Legal Aid Society, et al., is hereby withdrawn. (ETW)
01/20/2011AFFIRMED (OPINION) Washington, Chief Judge, and Ruiz, Reid, Glickman, Kramer, Fisher, Blackburne-Rigsby, Thompson, and Oberly, Associate Judges. (Ordered and Adjudged by this court that the judgment in appeal no. 08-CV-1089 is affirmed and the complaint in appeal no. 07-CV-1264 is dismissed under Rule 12(b)(6)). (Opinion Concurring in part and Dissenting in part by Associate Judge Vanessa Ruiz)
02/10/2011MANDATE ISSUED