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United States Court Cases

District Of Columbia Court Of Appeals Record

KIRK CALLAN SMITH V. KATHLEEN DONNER

Case Information: 07-CV-1302
Short Caption:KIRK CALLAN SMITH V. KATHLEEN DONNERClassification:Appeals - Civil - Landlord And Tenant
Lead: 07-CV-1158 Consolidated:07-CV-1302, 08-CV-0483
Superior Court or Agency Case Number:LTB30337-06Filed Date:11/16/2007

Opening Event Date:11/16/2007Case Status:Closed
Record Completed:02/26/2009Post-Decision Matter Pending:
Briefs Completed:
Argued/Submitted:
Disposition:Next Scheduled Action:
Mandate Issued:07/30/2009

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantKirk Callan Smith N
AppelleeKathleen Donner N

Events
Event DateStatusDescriptionResult
11/16/2007NOTICE OF APPEAL
12/04/2007RECORD INDEX - 07-CV-1158 & 07-CV-1302 (for both appeals)
12/04/2007SUPPLEMENTAL RECORD #1 (13 pgs/tape 9/4/07 proc.)
12/04/2007SUPPLEMENTAL RECORD #2 (9-pgs/tape 9/25/07 proc.)
12/10/2007 Upon consideration of the notices of appeal in these matters, and it appearing that the complete record on appeal has been filed in appeal no. 07-CV-1158, and it further appearing that transcript may be needed for appeal no. 07-CV-1302, it is ORDERED, sua sponte, that appeals nos. 07-CV-1158 and 07-CV-1302 are consolidated for all purposes. It is (MORE)
12/10/2007 FURTHER ORDERED that in appeal no. 07-CV-1302 appellant shall within 20 days from the date of this order complete and file with this court a single copy of the attached statement regarding transcript. Where transcript(s) necessary for the appeal have been ordered and completed for non-appeal purposes, appellant must advise the Court Reporting Division to forward said 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 days from the date of this order. See D.C. App. R. 10 (b)(3)(A). It is FURTHER ORDERED that appellant's failure to respond to any order of this court, including this order, shall subject appeal no. 07-CV-1302 to dismissal without further notice for lack of prosecution. See D.C. App. R. 13 (a). It is FURTHER ORDERED that 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 required by D.C. App. R. 11 (b)(3)(A), in appeal no. 07-CV-1302. (GP) elp
12/21/2007CHANGE OF ADDRESS RECEIVED for Appellee: Kathleen Donner 1027 Florida Avenue, N.E. Washington, D.C. 20002
12/31/2007STATEMENT REGARDING TRANSCRIPT(S) (07-CV-1302) (RT-NEEDED/RT-ORDERED for 10/16/07, 11/02/07 & 1/10/07) (elp)
05/15/2008 Upon consideration of the notices of appeal in these matters and it appearing that transcript is needed for appeal no. 08-CV-483, it is ORDERED, sua sponte, that appeal no. 08-CV-483 is consolidated with previously consolidated appeals nos. 07-CV-1158 and 07-CV-1302. It is FURTHER ORDERED that, in appeal no. 08-CV-483, appellant shall within 20 days from the date of this order complete and file with this court a single copy of the attached statement regarding transcript. 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 said 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 days from the date of this order. See D.C. App. R. 10 (b)(3)(A). It is FURTHER ORDERED that appellant's failure to respond 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). (GP) elp
06/09/2008STATEMENT REGARDING TRANSCRIPT(S) (08-CV-483) (RT-ORDERED/RT-NEEDED for 9/4/07, 9/25/07, 10/16/07, 10/17/07, 11/2/07, 1/12/08, 1/25/08, 1/29/08) (elp)
07/24/2008SUPPLEMENTAL RECORD #3 (30-pgs/tape.) 10/16/06 proc. (p.m. )
07/24/2008SUPPLEMENTAL RECORD #4 (13-pgs/tape 1/12/07 proc.)
07/24/2008SUPPLEMENTAL RECORD #5 (10-pgs/tape 10/16/07 proc.) a.m.
08/21/2008 On consideration of the notices of appeal in these matters and the statements regarding transcripts, it is ORDERED that appellant shall advise this court within 10 calendar days from the date of this order as to the status of the transcripts. (GP) elp
09/12/2008RECEIVED - aplt's status of transcript. (returned------will need motion)
09/24/2008 On consideration of this court's order of August 21, 2008, directing appellant to file the statement on the status of the pending transcripts, and it appearing that appellant has failed to comply with the order, it is ORDERED that appellant shall, within 10 calendar days from the date of this order submit the 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 shall subject these appeals to dismissal without further notice. See D.C. App. R. 13. (GP) elp
09/29/2008RECORD INDEX - (08-CV-483)
10/10/2008APLT'S MOTION TO LATE FILE STATUS STATEMENT
10/10/2008RECEIVED- aplt's status report
12/29/2008 It appearing that appellant has been notified by the Court Reporting Division of the Superior Court that the transcript requested for these appeals have been prepared and are ready for transmittal to this court, it is ORDERED that appellant shall within 10 calendar days from the date of this order make the necessary arrangemnets to have the transcripts transmitted to this court. It is FURTHER ORDERED that appellant shall file a statement with this court, within 10 calendar days from the date of this order, that the arrangements have been made for the transmittal of the transcripts. Failure to comply with this order shall subject this appeal to dismissal without further notice. See D.C. App. R. 13. (GP)
01/16/2009STATEMENT RE: Transcripts needed for this appeal that have been ordered, completed and paid for is as follows: 9/4/07, 12/22/06, 1/12/07, 10/16/06, 9/25/07, 1/18/08, 10/16/07 & 1/25/08
02/12/2009SUPPLEMENTAL RECORD #6 (5 pgs-Tape-12/22/06 proc.)
02/12/2009SUPPLEMENTAL RECORD #7 (23 pgs-Jeon-1/25/08 proc.)
02/26/2009SUPPLEMENTAL RECORD # 8 (11-pg/tape 1/18/08 proc.)
02/26/2009RECORD COMPLETED
03/04/2009 On consideration of appellant's motion for leave to file the lodged status statement, to which no opposition has been filed, and it appearing that the complete record on appeal has been filed with this court, it is ORDERED that appellant's motion is granted and the lodged status statement is filed. It is (MORE)
03/04/2009STATUS STATEMENT - APPELLANT
03/04/2009 FURTHER ORDERED that appellant's consolidated 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. (GP) elp
03/09/2009APPELLEE'S MISCELLANEOUS PROCEDURAL MOTION to vacate
03/09/2009LETTER - from aple re: 3/4/09 order (construed as a supplement to the motion) (elp)
04/06/2009 On consideration of appellee's motion and letter to vacate orders of this court, wherein appellee states that she has not been served with any ofthe pleadings filed in this court by appellant in these appeals, and this court's records indicate that appellee has been served with the pleadings, it is ORDERED that appellee's motion to vacate is denied and the Clerk is directed to make available to appellee copies of all filings. It is FURTHER ORDERED that appellant is directed that he shall serve appellee all future pleadings and briefs under certified mail. It is FURTHER ORDERED that appellant's brief and the appendix remain due to be filed with this court on or before April 13, 2009. (ETW) elp
04/06/2009RECEIVED - aplt's verified oppo to aple's motion to vacate
04/13/2009APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to May 5, 2009.
04/22/2009APPELLEE'S OPPOSITION - to aplt's motion for extension of time to file brief
04/23/2009APPELLEE'S MOTION TO DISMISS/WITHDRAW APPEAL
05/18/2009APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 6/5/09
05/29/2009APPELLEE'S OPPOSITION - to aplt's motion for extension of time to file brief
06/12/2009 On consideration of appellee's motion to dismiss appeals, to which no opposition has been filed, and appellant's motion for enlargement of time to file the brief and appendix, the oppositions thereto, and it appearing that appellant's brief and the appendix were not lodged with this court on June 5, 2009. It is ORDERED that appellee's motion to dismiss is hereby held in abeyance. It is FURTHER ORDERED that appellant's motions are granted to the extent that appellant's brief and the appendix shall be filed with this court within 15 days from the date of this order. Failure to comply with this order shall result in the granting of appellee's motion to dismiss. (ETW) elp
07/08/2009 On consideration of this court's order of June 12, 2009, which held appellee's motion to dismiss in abeyance and granted appellant's motion for an extension of time to file the brief and the appendix, within 15 days from the date of the order, and it appearing that appellant's brief and the appendix have not been filed, it is ORDERED that appellee's motion to dismiss is granted and these appeals are hereby dismissed. See D.C. App. R. 13. (ETW) elp
07/08/2009DISMISSED
07/30/2009MANDATE ISSUED