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United States Court Cases

District Of Columbia Court Of Appeals Record

MICHAEL CHEAH V. 617 H. STREET ASSOCIATES,ETAL

Case Information: 06-CV-1179
Short Caption:MICHAEL CHEAH V. 617 H. STREET ASSOCIATES,ETALClassification:Appeals - Civil - Contracts
Superior Court or Agency Case Number:CAB10400-02Filed Date:09/13/2006

Opening Event Date:09/13/2006Case Status:Closed
Record Completed:02/21/2007Post-Decision Matter Pending:
Briefs Completed:02/19/2008
Argued/Submitted:12/16/2008
Disposition:Next Scheduled Action:
Mandate Issued:10/06/2009

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantMichael Cheah N
Marc S. Moskowitz YN
Appellee617 H Street AssociatesN
James Thomas Maloney YN
AppelleeKevin Yu N
Frederic W. Schwartz, Jr.YY
AppelleeWan Lee Lee N
Frederic W. Schwartz, Jr.NY

Events
Event DateStatusDescriptionResult
09/13/2006NOTICE OF APPEAL
11/15/2006APPEARANCE - of James T. Maloney on behalf of 617 H. Street
12/04/2006 Upon consideration of the notices of appeal in these matters, it is ORDERED, sua sponte, that appeals nos. 04-CV-1379, 06-CV-1179 and 06-CV-1193 are consolidated for all purposes. It is FURTHER ORDERED that, in appeals nos. 06-CV-1179 & 06-CV-1193, appellants 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 issued 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 appellants' 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
12/20/2006STATEMENT REGARDING TRANSCRIPT(S) 06cv1179 (RT-NEEDED/RT-ORDERED for 9/12-9/15/06) (elp)
02/07/2007MOTION FOR LEAVE TO FILE STATEMENT RE TRANSCRIPT no oppo
02/07/2007RECEIVED - statement regarding transcripts
02/12/2007 On consideration of appellants' motion for leave to file the lodged statement regarding transcript, in appeal no. 06-CV-1193, to which no opposition has been filed, it is ORDERED that appellants' motion is granted and the lodged statement regarding transcript is filed in appeal no. 06-CV-1193. (GP) elp
02/12/2007STATEMENT REGARDING TRANSCRIPT(S) (06-CV-1193) RT-NEEDED/*no dates given
02/21/2007RECORD INDEX all cases
02/21/2007SUPPLEMENTAL RECORD #1 (308-pgs/herzfeld 9/12/-15/05 proc.)
02/21/2007RECORD COMPLETED
02/23/2007 It appearing that the complete record on appeal has been filed with this court, it is ORDERED that appellants' briefs 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
03/14/2007RECEIVED - appendix sent back re: rule 30 (a) Per R 30 (b) (1) has to be served on other parties
04/03/2007APPELLANT'S BRIEF (Green Leaves Restaurant & Seong Aun Cheah).
04/03/2007APPENDIX for Green Leaves Restaurant & Seong Aun Cheah) Volumes 1 & 2.
04/06/2007 On consideration of this court's order of February 23, 20076, directing appellants Kevin Lu and Wan Lee Lee to file the brief and the appendix within 40 days and it appearing that the brief and the appendix have not been filed, it is ORDERED that the brief of appellants Kevin Lu and Wan Lee Lee and the appendix shall be submitted within 20 days from the date of this order 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 and the appendix or to request an extension of time within which to do so. Failure to comply with this order shall subject appeal no. 06-CV-1193 to dismissal without further notice. (GP) elp
05/01/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 5/21/07 06cv1193 (Kevin Yu & Wan Kam Lee)
05/09/2007APPELLANT'S OPPOSITION - to Yu & lee's motion forextension of time to file brief file by: Green Leave & CHeah)
05/10/2007APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF 617 H. Street Associates
05/14/2007APPELLANT'S OPPOSITION to Aples Cheah and Green Leaves motion for extension of time to file brief
05/23/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until June 8, 2007 (Aplts Yu and Lee in 06-CV-1193) (amended)
06/12/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF Kevin Yu & Wan Kam Lee amended 06cv1193
07/09/2007 On consideration of appellants Kevin Yu and Wan Kam Lee's motion and amended motion for an extension of time to file the brief and the appendix, the oppositions thereto, and upon further consideration of 617 H Street Associates' motion for an extension of time to file the brief,to which no opposition has been filed, it is ORDERED that appellants Kevin Yu and Wan Kam Lee motions are granted and appellants Kevin Yu and Wan Kam Lee's brief and the appendix shall be filed within 30 days from the date of this order. No further requested for extensions of time will be granted absent a showing of good cause. Failure to comply with this order shall subject appeal no. 06-CV-1193 to dismissal without further notice. See D.C. App. R. 13. It is (MORE)
07/09/2007 FURTHER ORDERED that appellee 617 H Street Associates' motion is granted to the extent that appellee 617 H Street Associates' brief shall be filed within 30 days after the filing of appellants Kevin Yu and Wan Kam Lee's brief and the appendix. (ETW) elp
08/08/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (Kevin Yu & Wan Kam Lee) until 9/7/07
08/17/2007RECEIVED - oppo to motion to extend time to file brief (certificate of service) sent back filed by: Marc MOskowitz
08/20/2007APPELLANT'S OPPOSITION - to aplt's motion to extend time to file brief (Opposition filed by Green Leaves Restaurant and M. Cheah)
08/28/2007 On consideration of appellants Kevin Yu and Wan Kam Lee's motion for an extension of time to file the brief and appendix, and the opposition thereto, it is ORDERED that appellants Kevin Yu and Wan Kam Lee's motion is granted and the brief and the appendix shall be filed on or before September 7, 2007. No further requests for extensions of time will be granted absent a showing of good cause. Failure to comply with this order shall subject appeal no. 06-CV-1193 to dismissal without further notice. See D.C. App. R. 13. (ETW) elp
08/28/2007RECEIVED Appellants' (Green Leaves & Michael Cheah) amended opposition to appellants (Yu & Lee) MAXB FILED by Marc Markowitz received and docketed 8/29/07
09/10/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (Kevin Yu & Wan Kam Lee) to 9/17/07
09/20/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF pending completion of transcripts. Yu, et al.
09/24/2007APPELLANT'S OPPOSITION - to motion to extend time to file brief (Green Leaves Restaurant & Michael Cheah)
10/03/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (AMENDED) until October 3, 2007 and request for extension of time to file appendix until October 5, 2007
10/03/2007RECEIVED - Appellants' Brief (Kevin Yu and K. Lee)
10/05/2007RECEIVED - Appendix (for Yu and Lee in 06-CV-1193)
10/23/2007 On consideration of appellant's Kevin Yu and Wan Lee's motions for extensions of time to file the brief and the appendix, the lodged brief and the appendix, and the opposition thereto, it is (MORE)
10/23/2007 ORDERED that the motions are granted and the Clerk shall file the lodged brief of appellants Kevin Yu and Wan Lee Lee and the appendix. It is (MORE)
10/23/2007APPELLANT'S BRIEF - (Kevin Yu & Wan Lee Lee)
10/23/2007APPENDIX - (Kevin Yu and Wan Lee Lee)
10/23/2007 FURTHER ORDERED that the briefs of appellees shall be filed on or before November 7, 2007. See D.C. App. R. 31. (ETW) elp
11/07/2007APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF (617 H Street, Yu, &Lee) to 12/10/07. (unopposed)
12/05/2007 On consideration of appellees' consent motion for an extension of time to file their briefs, it is ORDERED that appellees' motion is granted and appellees' briefs shall be filed on or before December 10. 2007. (GP) elp
12/10/2007APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF 617 H. Street Associates to 12/24/07 (unopposed) & appellees Yu & Lee (elp)
12/12/2007 On consideratiion of appellees' consent motion for an extension of time to file their briefs, it is ORDERED that appellees' motion is granted and appellees' briefs shall be filed on or before December 24, 2007. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (GP) elp
12/24/2007APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF (617 H Street Associates, Kevin Yu (Wai L. Yu) and Wan Kam Lee until January 2, 2008.
01/02/2008RECEIVED - brief of aple 617 H St., Assoc.
01/15/2008 On consideration of appellees' motion for an extension of time to file their briefs, to which no opposition has been filed, and the lodged brief of appellee 617 H Street Associates, and it appearing that appellees Kevin Yu and Wan Kam Lee's brief was due to be filed with this court on or before January 2, 2008, and has not been filed, it is ORDERED that appellees' motion is granted and appellee 617 H Street Associates brief is filed. It is (MORE)
01/15/2008APPELLEE'S BRIEF- (617 H Street Associates)
01/15/2008 FURTHER ORDERED that counsel for appellees Kevin Yu and Wan Kam Lee shall, within 15 days from the date of this order, submit the 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 to request an extension of time within which to so so. Failure to comply with this order shall subject this appeal to being scheduled for consideration on the record and on the appellate briefs on file. (GP) elp
01/28/2008APPELLEE'S MOTION FOR LEAVE TO FILE BRIEF (Kevin Yu and Wan Kam Lee)(Appellee 617 H Street does not oppose)
01/28/2008RECEIVED - Brief for Appellees Kevin Yu and Wan Kam Lee
02/13/2008RECEIVED Appellant's Reply Brief. (Kevin Yu and Wan Kam Lee) (elp)
02/19/2008 On consideration of Kevin Yu and Wan Kam Lee's motion for leave to file the lodged brief and for an extension of time to file the reply brief, to which no opposition has been filed, and the lodged reply brief, it is ORDERED that Kevin Yu and Wan Kam Lee's motion is granted to the extent that the lodged briefs are filed. It is FURTHER ORDERED that these appeals shall be scheduled for consideration before a merits division as soon as the calendar permits. (GP) elp
02/19/2008APPELLEE'S BRIEF - (Kevin Yu and Wan Kam Lee) 06-CV-1179
02/19/2008APPELLANT'S REPLY BRIEF - (Kevin Yu and Wan Kam Lee) - 06-CV-1193
02/19/2008BRIEFS COMPLETED
03/12/2008FINAL SCREENING - REGULAR CALENDAR
04/22/2008CHANGE OF ADDRESS RECEIVED James T. Maloney Maloney & Moshsen PLLC 5039 Connecticut Aveune, NW Building I Washington, DC 20008 202 237-6800 ex. 202
09/29/2008APPELLANT'S MOTION FOR LEAVE TO FILE REPLY BRIEF no oppo filed by attorney Marc Moskowitz
09/29/2008RECEIVED- aplt's reply brief
10/06/2008 On consideration of appellants Green Leaves Restaurant and Michael Cheah's consent motion for leave to late file the lodged reply brief, it is ORDERED that appellants Green Leaves Restaurant and Michael Cheah's motion is granted and the lodged reply brief is filed. (GP) elp
10/06/2008 It appearing that this appeal is likely to be calendared for argument during the months of December 2008 thru January 2009, it is ORDERED that counsel shall advise this court in writing by October 22, 2008 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
10/06/2008APPELLANT'S REPLY BRIEF (Green Leaves Restuarant & Michael Cheah)
10/10/2008LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING aple
10/30/2008CALENDAR NOTICE SENT
12/09/2008APPELLANT'S MOTION FOR LEAVE TO FILE REPLY BRIEF (unopposed) (Kevin Yu and Wan Kam Lee)
12/09/2008RECEIVED - Appellant's Reply Brief (Kevin Yu and Wan Kam Lee)
12/12/2008APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for leave to file corrected reply brief, correcte brief having been lodged and correction to prior motion (Kevin Yu & Wan Kam Lee)
12/12/2008RECEIVED - corrected reply brief
12/16/2008FiledACTION - Argued / Submitted
12/16/2008ARGUED before Judges Reid,Glickman,Thompson Marc S. Moskowitz, Esq. for Appellant Frederic W. Schwartz, Jr., Esq. for Appellant James Thomas Maloney, Esq. for Appellee
01/21/2009On consideration of the consent motion of appellants Kevin Yu and Wan Kam Lee for leve to file the lodged reply brief, and the non-consent motion for leave to file the lodged corrected reply brief, it is ORDERED that the motions are granted, the lodged corrected reply brief is filed. (RD,GL,TH)
01/21/2009APPELLANT'S REPLY BRIEF (Corrected)
06/25/2009AFFIRMED IN PART/REMANDED IN PART Opinion (Reid, Glickman, Thompson) and Judgment remanding the cause to the Superior Court for further proceedings as set forth in said opinion, and in all other respects affirming the judgment on appeal.
07/10/2009APLT MO TO EXTEND TIME TO FILE PET FOR REH/REH EB (Kevin Yu & Wan Kam Lee to 7/23/09
07/14/2009ORD GRT APLT MO TO EXT TM TO FL PET FOR REH/REH EB on or before July 23, 2009. (WH) (of Kevin Yu and Wan Kam Lee)
07/24/2009APLT MO TO EXTEND TIME TO FILE PET FOR REH/REH EB to 7 days.
07/30/2009APLT MOTION FOR LEAVE TO FILE PET FOR REH/REH EB (Yu & Lee)
07/30/2009RECEIVED - pet for reh/reh en banc.
08/05/2009ORD GRT APLT MO TO EXT TM TO FL PET FOR REH/REH EB and the Clerk is directed to file the lodged petition. (GL) (of Yu and Lee)
08/05/2009APLT'S PETITION FOR REHEARING/REHEARING EN BANC (of Yu and Lee)
10/06/2009MANDATE ISSUED
09/30/2013FiledArchived