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United States Court Cases

District Of Columbia Court Of Appeals Record

ANDRE BARBER V. POTOMAC PLACE APARTMENTS

Case Information: 04-CV-1593
Short Caption:ANDRE BARBER V. POTOMAC PLACE APARTMENTSClassification:Appeals - Civil - Landlord And Tenant
Superior Court or Agency Case Number:LT38740-03Filed Date:12/03/2004

Opening Event Date:12/03/2004Case Status:Closed
Record Completed:04/22/2005Post-Decision Matter Pending:
Briefs Completed:07/11/2005
Argued/Submitted:12/09/2005
Disposition:Next Scheduled Action:
Mandate Issued:01/23/2006

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantAndre Barber NPro SeN
AppelleePotomac Place ApartmentsN
Roger D. LuchsYN

Events
Event DateStatusDescriptionResult
12/03/2004NOTICE OF APPEAL
01/18/2005 On consideration of the notice of appeal filed in this case on December 3, 2004, it is ORDERED that 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 raised on appeal 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 appellant's failure to respond to any order of this court, including this order, shall subject this appeal to dismissal without further notice for lack of prosecution. See D.C. App. R. 13(a). (BY: GP)
02/09/2005STATEMENT REGARDING TRANSCRIPT(S) (RT Ordered for 12/18/03 & 11/3/04) lw
02/09/2005NOTICE RECEIVED - from aplt re: issues to be raised on appeal
02/15/2005ORDER GRANTING APPELLANT'S MOTION TO CONSOLIDATE and appeals nos. 03-CV-1450 and 04-CV-1593 are hereby consolidated for all purposes. It is *****MORE*****
02/15/2005F/O, SS, that this court's order of Janaury 7, 2005, is hereby vacated. It is *****MORE*****
02/15/2005F/O that a new briefing order directing the consolidated briefs will be issued once the complete record on appeal in appeal no. 04-CV-1593 has been filed with this court. (BY: AMW) lw
03/01/2005RECORD INDEX (04-CV-1593)
03/01/2005SUPPLEMENTAL RECORD #1 (12/18/03 - 59pgs - TAPE)
03/01/2005SUPPLEMENTAL RECORD #2 (11/3/04 - 160pgs - TAPE)
03/07/2005 ORDERED that appellant's brief and the appendix 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. 30, 31. (BY: GP)
03/18/2005APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF filed as.......MOTION TO VACATE SCHEDULING ORDER SETTING DUE DATES FOR APPELLATE BRIEFS ***new address indicated on motion ***old address: 900 4th St., SW - Suite 714N WDC 20024 LW
03/24/2005APPELLEE'S OPPOSITION- to aplt's motion to vacate scheduling order setting due dates for appellate briefs
04/05/2005ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF and appellant's consolidated brief and the appendix shall be filed within 40 days from the date the aforementioned transcript is filed with this court. It is FURTHER ORDERED that appellant shall advise this court within 15 days of appellant's receipt of the ordered transcript. (BY: AMW) lw
04/22/2005RECORD COMPLETED
04/22/2005SUPPLEMENTAL RECORD #3 (11/3/04 - 41pp - Robin)
04/26/2005 ORDERED that appellant's consolidated brief and the appendix 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. 30, 31. (BY: GP)
06/06/2005APPELLANT'S MOTION TO DISMISS/WITHDRAW APPEAL in 03cv1450
06/06/2005APPELLANT'S BRIEF (04CV1593)
06/06/2005APPENDIX (04CV1593)
06/09/2005 On consideration of appellant's motion to dismiss appeal no. 03-CV-1450, to which no opposition has been filed, and appellant's brief and the appendix filed in appeal no. 04-CV-1593, it is ORDERED, SS, that appeals nos. 03-CV-1450 and 04-CV-1593 are hereby severed. It is *****MORE*****
06/09/2005ORDER GRANT APLT MOTION TO DISMISS/WITHDRAW APPEAL and appeal no. 03-CV-1450 is hereby dismissed. See D.C. App. R. 13(b). It is *****MORE*****
06/09/2005 FURTHER ORDERED that appellee's brief remains due on or before July 11, 2005. (BY: AMW) lw
07/11/2005APPELLEE'S BRIEF
07/11/2005BRIEFS COMPLETED
07/19/2005APPELLANT'S REPLY BRIEF
07/19/2005APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to transfer case to summary calendar (no oppo)
07/20/2005TMC - appellant's consent motion to transfer to the summary calendar and to expedite consideration
07/21/2005 On consideration of the consent motion to transfer the appeal to the summary calendar and for expedited consideration, it is ORDERED that the motion is granted to the extent that this case shall be scheduled on the summary calendar as soon as the calendar permits. (TEFANW)
07/21/2005FINAL SCREENING - SUMMARY CALENDAR I ******PER 7/21/05 ORDER
10/27/2005CALENDAR NOTICE SENT
12/09/2005FiledACTION - Argued / Submitted
12/09/2005SUBMITTED to Judges Farrell, Ruiz, Fisher
12/16/2005AFFIRMED MOJ (Farrell, Ruiz, Fisher)
12/27/2005STATEMENT - of aple itemized statement of attorney's fees incurred by aplel submitted pursuant to this court's memorandum decision and order entered 12/16/05
12/28/2005TMC - appellee's motion for cost (ITEMIZED STATMENT) - appellant's objection
12/30/2005APPELLANT'S PETITION FOR REHEARING
01/12/2006APPELLANT'S OPPOSITION- to application for fees and motion to strike affidavit
01/13/2006ORDER DENYING APPELLANT'S PETITION FOR REHEARING (pro se petition) (FA,RZ,FI)
01/20/2006 On consideration of appellee's statement of attorneys' fees and costs, and appellant's objections thereto, it is ORDERED that appellant shall pay appellee $12,278.00 in attorneys' fees as a sanction for having filed this frivoulus appeal. See Slater v. Biehl, 793 A.2d 1268 (D.C. 2002). It is FURTHER ORDERED that appellant shall pay appellee $166.83 in transcript costs. See D.C. App. R. 39 (d). (FARZFI)
01/23/2006MANDATE ISSUED
01/27/2006APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to exceed page limits set by court of appeals rules 35 (B)(2)
01/27/2006RECEIVED- aplt's petitition for hearing en banc
03/24/2006APPELLANT'S PETITION FOR REHEARING EN BANC
03/24/2006ORDER DENYING APLT PETITION FOR REHEARING EN BANC and grant aplt motion to exceed page limits set by court and the Clerk is directed to file the lodged petition for rehearing en banc. (WHSCFARZRDGLKRFI)