judyrecords
search tips
740 million+
United States Court Cases

District Of Columbia Court Of Appeals Record

DAVID CORMIER, ET AL V. D.C. WATER AND SEWER AUTHORITY

Case Information: 06-CV-1370
Short Caption:DAVID CORMIER, ET AL V. D.C. WATER AND SEWER AUTHORITYClassification:Appeals - Civil - Other Civil
Lead:06-CV-1370Consolidated: 06-CV-1371
Superior Court or Agency Case Number:CAB1254-03Filed Date:10/30/2006

Opening Event Date:10/30/2006Case Status:Closed
Record Completed:03/02/2007Post-Decision Matter Pending:
Briefs Completed:06/29/2007
Argued/Submitted:03/05/2008
Disposition:Next Scheduled Action:
Mandate Issued:11/24/2008

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
Amicus CuriaeLegal Aid Society and Bread for the CityN
Barbara Mcdowell YN
Appellant-Cross-AppelleeDavid Cormier N
Peter T. EnsleinYN
Appellant-Cross-AppelleeOntario Road LLCN
Peter T. EnsleinYN
Appellant-Cross-AppelleeTaylor LLCN
Peter T. EnsleinYN
Appellant-Cross-AppelleeEuclid Street LLCN
Peter T. EnsleinYN
Appellant-Cross-AppelleeAshburn LLCN
Peter T. EnsleinYN
Appellant-Cross-AppelleeHyatt Place LLCN
Peter T. EnsleinYN
Appellant-Cross-AppelleeFlorida House Limited PartnershipN
Peter T. EnsleinYN
Appellant-Cross-AppelleeEmerson Gardens Limited PartnershipN
Peter T. EnsleinYN
Appellee-Cross-AppellantDistrict of Columbia Water & Sewer AuthorityN
Nat N. PolitoNY
Benjamin F. Wilson YN

Events
Event DateStatusDescriptionResult
10/30/2006NOTICE OF APPEAL
11/20/2006STATEMENT REGARDING TRANSCRIPT(S) (NO RT NEEDED) elp
12/04/2006 Upon consideration of the notices of appeal in these matter, it is ORDERED, sua sponte, that appeals nos. 06-CV-1370 and 06-CV-1371 are consolidated for all purposes. It is FURTHER ORDERED that each party 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, appellants/cross-appellees must advise the Court Reporting Division to forward said transcript(s) for inclusion in the record on appeal. If partial transcripts are being ordered,appellants/cross-appellees must file a statement of issues to be presented with this court within within 10 days from the date of this order. See D.C. App. R. 10 (b)(3)(A). It is FURTHER ORDERED that parties 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) filed by: Nat N. Polito (NO RT NEEDED FOR THESE APPEALS) (elp)
12/22/2006STATEMENT REGARDING TRANSCRIPT(S) - no RT required for this appeal (filed by Aplt's Cnsl)
03/02/2007RECORD INDEX both cases
03/02/2007RECORD COMPLETED
03/05/2007 It appearing that the complete record on appeal has been filed with this court, it is ORDERED that the briefs shall be filed as follows: Opening brief of appellants/cross-appellees, and the appendix within 40 days from the the date of this order; Responsive brief of appellee/cross-appellant, within 30 days from the date of service of the opening brief of appellants/cross- appellees; Reply brief of appellants/cross-appellees, within 21 days from the date of service of the responsive brief of appellee/cross- appellant; and Reply brief of appellee/cross-appellant, if any, within 21 days from the date of service of the reply brief of appellants/cross-appellees. (GP) elp
04/04/2007APLT-X-APLE MOTION TO EXTEND TIME TO FILE BRIEF to 4/30/07
04/09/2007APLE-X-APLT MOTION TO EXTEND TIME TO FILE BRIEF to 4/30/07 (elp)
04/26/2007 On consideration of appellants/cross-appellees' motion for an enlargement of time to file the brief and the appendix and appellee/cross-appellant's motion for an enlargment of time to file the brief, to which no oppositions have been filed, it is ORDERED that appellants/cross-appellees' motion for an enlargement of time is granted and appellant/cross-appellees' brief and the appendix shall be filed on or before April 30, 2007. It is***********MORE******************
04/26/2007 FURTHER ORDERED that appellee/cross-appellant's motion for an enlargement of time is granted and appellee/cross-appellant's brief shall be filed on or before April 30, 2007. (GP) elp
04/30/2007APPELLANT/CROSS-APPELLEE'S BRIEF (in 06-CV-1371)
04/30/2007APPELLANT/CROSS-APPELLEE'S BRIEF (in 06-CV-1370)
05/30/2007APPELLEE/CROSS-APPELLANT'S BRIEF (06cv1370)
05/30/2007APPELLEE/CROSS-APPELLANT'S BRIEF (06cv1371)
06/15/2007APLT-X-APLE MTN TO EXTEND TIME TO FILE REPLY BRIEFno oppo joint to 7/2/07
06/19/2007 On consideration of the parties' joint motion for and extension of time within which to file the reply briefs, it is ORDERED that the parties' motion is granted and the parties' reply briefs shall be filed on or before July 2, 2007. (GP) elp
06/29/2007APPELLANT-CROSS-APPELLEE REPLY BRIEF
06/29/2007BRIEFS COMPLETED
08/01/2007FINAL SCREENING - REGULAR CALENDAR
10/19/2007 It appearing that this appeal is likely to be calendared for argument during the months of January 2008 thru March 2008, it is ORDERED that counsel shall advise this court in writing by November 21, 2007 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
11/20/2007LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING (aple cross aplt)
11/29/2007LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
02/01/2008CALENDAR NOTICE SENT
03/05/2008FiledACTION - Argued / Submitted
03/05/2008ARGUED before Judges Ruiz, Glickman, Schwelb Peter T. Enslein, Esq. for Aplt-Cross-Aple Nat N. Polito, Esq. for Aple-Cross-Aplt
04/18/2008AFFIRMED IN PART/REVERSED IN PART Opinion (Ruiz, Glickman, Schwelb) and Judgment affirming in part and reversing in part the trial court judgment and remanding the cause for further proceedings.
05/12/2008MANDATE ISSUED
06/27/2008The Chief Judge of this court has receved a memorandum from a judge of the Superior Court raising the question whether certain language in this court's opinion dicussing 28 U.S.C. 1746 may be legally incorrect. In light of this memorandum, it is hereby ordered by the court, sua sponte, that no later than thirty days after the entry of this order, the parties shall show cause, if any there be, why: 1. the mandate in this appeal should not be recalled for the purpose of amending the opinion; and 2. the opinion should not be amended with the discussion of 28 U.S.C. 1746 on pp. 8-9 stricken therefrom, and then reissued as amended. (RZ,GL,SC)
07/17/2008RESPONSE TO ORDER TO SHOW CAUSE - dated 6/27/08
07/25/2008RESPONSE TO ORDER TO SHOW CAUSE- to court order aple/aplt
07/28/2008AMICUS CURIAE MOTION TO EXTEND TIME TO FILE BRIEF and motion for leave to file a brief as amicus curiae (no oppo)
07/29/2008AMICUS CURIAE MISCELLANEOUS PROCEDURAL MOTION to file a corrected motion for leave to file a brief as amicus curiae and for extnsion of time in which to do so (no oppo) NOTE: original motion filed 7/28/08
07/30/2008On consideration of the consent motion of the Legal Aid Society for leave to file a brief as amicus curiae and for an extension of time within which to do so, and the corrected motion of the Legal Aid Society for leave to file a brief as amicus curiae and for an extension of time within which to do so, it is ORDERED that the motions are granted and the Legal Aid Society may file a brief as amicus curiae no later than August 11, 2008. (RZ,GL,SC)
08/11/2008AMICUS CURIAE'S BRIEF (Legal Aid Society)
10/30/2008ORDER (Ruiz, Glickman, Schwelb) recalling the mandate herein; reissuing the opinion of the court with a new footnote 3 added.
10/30/2008AFFIRMED IN PART/REVERSED IN PART Opinion (Ruiz, Glickman, Schwelb) and Judgment affirming in part and reversing in part the judgment on appeal and remanding the cause to the trial court for further proceedings consistent with said revised opinion.
11/24/2008MANDATE ISSUED
02/25/2010RECEIVED- supplemental #1 (50-pgs/tape 1/15/10 proc.)w/cd