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United States Court Cases

District Of Columbia Court Of Appeals Record

EARL S. SETTLEMIRE V. DC OFFICE OF EMPLOYEE APPEALS, ET AL

Case Information: 05-CV-1280
Short Caption:EARL S. SETTLEMIRE V. DC OFFICE OF EMPLOYEE APPEALS, ET ALClassification:Appeals - Civil - Other Civil
Superior Court or Agency Case Number:CAP19-03Filed Date:10/27/2005

Opening Event Date:10/27/2005Case Status:Closed
Record Completed:11/23/2005Post-Decision Matter Pending:
Briefs Completed:08/08/2006
Argued/Submitted:05/02/2007
Disposition:Next Scheduled Action:
Mandate Issued:06/05/2007

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantEarl S. Settlemire N
David S. Healy YN
AppelleeDC Office of Employee AppealsN
Sheila G. BarfieldNY
AppelleeD.C. Metropolitan Police DepartmentN
Edward E. SchwabNY
David A. Hyden YN

Events
Event DateStatusDescriptionResult
10/27/2005NOTICE OF APPEAL
11/18/2005 On consideration of the notice of appeal filed in this case on October 27,2005, it appearing that no transcript is needed for this appeal, it is ORDERED that a briefing order will be issued upon the filing in this court, by the Clerk of the Superior Court, the record index as required by D.C. App. R. 11(a)(3)(A). (GP) elp
11/23/2005RECORD INDEX
11/23/2005SUPPLEMENTAL RECORD #1 (agency official record consisting of six volumes containing 69 tabs)
11/23/2005RECORD COMPLETED
11/30/2005 It appearing that the complete record on appeal has been filed with this court, 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. (BY: GP)
01/09/2006APPELLANT'S BRIEF
01/09/2006APPENDIX
02/17/2006 It appearing that the brief of appellant and the appendix were filed with this court on January 9, 2006, and it further appearing that the briefs of appellees were due to be filed on or before February 13, 2006, (See D.C. App. R. 31), but has not been filed, it is ORDERED that appellees shall within 20 days from the date of this order submit the briefs, 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 briefs, or to request an extension of time within which to do so. (GP) elp
03/20/2006 On consideration of this court's order of February 17, 2006, directing appellees to submit the briefs, accompanied by a motion for leave to file out of time, within 20 days from the date of the order, and it appearing that the briefs have not been filed, it is ORDERED that appellees shall within 15 days from the date of this order submit the 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 a statement, or to request an extension of time within which to do so. (ETW) elp
04/18/2006APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to 6/19/06
04/21/2006RECEIVED- amended certificate of service on motion for extension of time filed 4/19/06
04/21/2006APPELLANT'S OPPOSITION - to intervenor's motion for extension of time
04/27/2006 On consideration of appellee the Metropolitan Police Department's motion for an extension of time within which to file the brief, the opposition thereto, and appellee the Metropolitan Police Department's amended certificate of service, and this court's order of March 20, 2006,directing appellees to file its briefs within 15 days from the date of the order, accompanied by a motion for leave to file out of time, it is ORDERED that the motion is granted and appellee the Metropolitan Police Department's brief shall be filed on or before June 19, 2006. It is FURTHER ORDERED that appellee the Office of Employee Appeals shall within 10 calendar days from the date of this order submit the brief, 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 to either timely file the brief, or a statement, or to request an extension of time to do so. Failure to comply with this order shall subject this appeal to being scheduled for consideration on the record and on appellate briefs on file. (MWF) elp
06/19/2006APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF 6/29/06
06/29/2006APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to 7/7/06. (DC)
07/07/2006APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF until July 14, 2006 (second request)
07/19/2006APPELLEE'S MOTION FOR LEAVE TO FILE BRIEF and supplemental appendix
07/19/2006RECEIVED - Appellee's Brief
07/19/2006RECEIVED - Appellee's Supplemental Appendix
08/08/2006 On consideration of appellee the District of Columbia's motions for extension of time within which to file the brief and motion for leave to late file the lodged brief and the supplemental appendix, and this court's order of April 27, 2006, which directed appellee Office of Employee Appeals to file its brief within 10 calendar days, and it appearing that the brief has not yet been filed, it is ORDERED that the District of Columbia's motions are granted and the Clerk shall file the lodged brief of the District of Columbia and the supplemental appendix. It is FURTHER ORDERED that the reply brief of appellant, if any shall be filed on or before August 22, 2006. It is FURTHER ORDERED that this appeal shall be scheduled for consideration before a merits division on the record and on the appellant briefs on filed. (ETW) elp
08/08/2006APPELLEE'S BRIEF (D.C.)
08/08/2006APPENDIX - (Supplemental) (D.C.)
08/08/2006BRIEFS COMPLETED
08/22/2006APPELLANT'S REPLY BRIEF
08/25/2006FINAL SCREENING - REGULAR CALENDAR
11/21/2006 It appearing that this appeal is likely to be calendared for argument during the months of February 2007 through March 2007, it is ORDERED that counsel shall advise this court in writing by December 11, 2006, 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
12/08/2006LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
03/30/2007CALENDAR NOTICE SENT
05/02/2007FiledACTION - Argued / Submitted
05/02/2007ARGUED before Judges Kramer, Fisher, Thompson David S. Healy, Esq. for Appellant David Hyden, Esq. for Appellee
05/14/2007FiledAFFIRMED MOJ (Kramer, Fisher, Thompson)
06/05/2007MANDATE ISSUED