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United States Court Cases

District Of Columbia Court Of Appeals Record

BENJAMIN F. CHAVIS, JR., V. MARY E. STANSEL

Case Information: 96-CV-0076
Short Caption:BENJAMIN F. CHAVIS, JR., V. MARY E. STANSELClassification:Appeals - Civil - Other Civil
Lead:96-CV-0076Consolidated: 96-CV-1276
Superior Court or Agency Case Number:CA7303-94Filed Date:12/22/1995

Opening Event Date:12/22/1995Case Status:Closed
Record Completed:Post-Decision Matter Pending:
Briefs Completed:
Argued/Submitted:
Disposition:Next Scheduled Action:
Mandate Issued:01/22/1999

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantBenjamin F. Chavis, Jr.N
John A. Shorter, Jr.NN
AppelleeMary E. Stansel N
Sharon A. Cummings NN
Richard B. Nettler NN

Events
Event DateStatusDescriptionResult
12/22/1995NOTICE OF APPEAL
01/30/1996APPELLEE'S MOTION TO DISMISS/WITHDRAW APPEAL
01/30/1996MOTION(S) FEE PAID
01/31/1996APPEARANCE of Mary E. Stansel on behalf of aple
01/31/1996RECEIVED - aple's re-certification of service
02/21/1996APPEARANCE of Abbey G. Hairston, Esquire counsel for appellant.
02/21/1996APPELLANT'S OPPOSITION - to aple's motion to dismiss appeal
02/29/1996APPELLEE'S REPLY to opposition to motion to dismiss appeal
03/06/1996TMC - Appellee's Motion to Dismiss Appeal - Appellant's Opposition to Appellee's Motion to Dismiss - Appellee's Reply to Appellant's Opposition *** Taken off TMC ***
10/08/1996ORDERED, sua sponte, that appeals nos. 96-CV-76 and 96-CV-1222 are consolidated for all purposes herein. (by: WAGNER)
10/08/1996MISCELLANEOUS motion for admission pro hac vice of Lawrence S. Greenwald and Ava E. Lias-Booker on behalf of the appellee National Association for the Advancement of Colored People, Inc.
10/08/1996MOTION(S) FEE PAID
10/08/1996ORDER DENY APLE MOTION TO DISMISS/WITHDRAW APPEAL in no. 96-CV-76. See Robinson v. Howard Univ., 455 A.2d 1363, 1365 n.1 (D.C. 1983). (by: WAGNER)
10/08/1996ORDER GRANTING APLT MOTION FOR LEAVE TO FILE DS in no. 96-CV-1222, and the Clerk shall file the ldoged docketing statement, designation of record and statement regarding transcript. F/O that , in appeal no. 96-CV-76, appellant shall, within 10 days from the date of this order, tender the $50 docketing fee and file the docketing statement with this court, and file the designation of record and statement regarding transcript with the Superior Court, Office of Appeals Coordinator, Room 3148. F/O that, in appeal no. 96-CV-76, appellant shall simulataneously file a copy of those documents with this court, accompanied by a motion for leave to file the documents out of time, and this court's $10 motion fee. The motion should set forth good cause for the failure to either timely file the documents or to request an extension of time within which to do so. Failure to comply with this order may result in the dismissal of this appeal. See D.C. App. R. 14. (by: WAGNER)
10/08/1996APPELLANT'S DOCKETING STATEMENT no. 96-CV-1222
10/08/1996DESIGNATION OF RECORD and STATEMENT REGARDING TRANSCRIPT in no. 96-CV-1222
10/28/1996COURT REPORTER MO TO EXTEND TIME TO FL TRANSCRIPT of June 3 & 4, 1996 proceedings. (Court Reporter Maria M. Allison)
11/06/1996COURT REPORTER MO TO EXTEND TIME TO FL TRANSCRIPT is granted, and the Court Reporter Maria M. Allison shall prepare and transmit the aforesaid transcirpt to this court within 10 days from the date of this order
11/15/1996ORDER, SUA SPONTE, CONSOLIDATING APPEAL no. 96-CV-1276 with appeals nos. 96-CV-76 and 96-CV-1222 for all purposes herein. FO that the motion of Thomas X. Glancy, Jr., Esquire, is GRANTED, and the Clerk shall enter the appearances of Lawrence S. Greenwald, Esquire, and Ava E. Lias-Booker, Esquire, pro hac vice on behalf of appellee the National Association for the Advancement of Colored People. FO that appellant, in appeal no. 96-CV-76, and cross-appellants in appeal no. 96-CV-1276, shall, within 15 days from the date of this order, tender the $50 docketing fees for each appeal and file the docketing statements for each appeal with this court, and file the designations of record and statements regarding transcript for each appeal with the Superior Court, Office of Appeals Coordinator, Room 3148; the parties shall simultaneously file a copy of those documents with this court, accompanied by a motion for leave to file the documents out of time, and this court's $10 motion fee. The motion should set forth good cause for the failure either to timely file the documents or to request an extension of time within which to do so. Failure to comply with this order shall result in the dismissal of appeals nos. 96-CV-76 and 96-CV-1276. (By: AMW)
11/27/1996RECEIVED- aplt's motion for withdrawal of appearance check made out for wrong amount
11/29/1996NOTICE SENT - to aplt's attorney re: wrong amount on check recvd on 11/27/96
12/03/1996APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for extension of time in which to pay docketing fee, and to file docketing statement, designation of record and statement regarding transcript, time having expired
12/03/1996MOTION(S) FEE PAID
12/05/1996COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS appearance of Abby G. Hairston, Alexander, Bearden, Hairston, & Marks Granted
12/05/1996MOTION(S) FEE PAID
12/10/1996RECEIVED - aplt's docketing statement (96cv76)
12/10/1996$50.00 DOCKETING FEE
12/10/1996RECEIVED - aplt's docketing statement 96cv1276
12/10/1996RECEIVED - designation of record - statement regarding transcipt
12/10/1996$50.00 DOCKETING FEE (96cv1276)
12/16/1996COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS Leonard L. Long, Jr. and add John Shorter, Jr. Granted
12/16/1996MOTION(S) FEE PAID
12/23/1996RECORD ON APPEAL (vol's I thru IX - 3 boxs)
01/09/1997SUPPLEMENTAL RECORD #1 (35 pgs. -- Swaringer) (5/21/96 proc.)
01/13/1997SUPPLEMENTAL RECORD #2 (358 pages--D. Swaringer) (5/21,22/96-6/5,6/96 Proc.)
01/13/1997SUPPLEMENTAL RECORD #3 (773 pages--R. Tanner) (5/23,28-31/96 proc.)
01/29/1997SUPPLEMENTAL RECORD - #4 (85 pgs/Tanner) 5/29-30/96 proc.
01/29/1997SUPPLEMENTAL RECORD #5 (200 pages--L.K. Bankins) (5/24/96 proc.)
02/11/1997ORDER GRANT APLT/APLE-CROSS-APLT MISCELLANEOUS PROCEDURAL MOTION (Benjamin F. Chavis Jr.), and the Clerk shall file the lodged docketing statement, designation of record and statement regarding transcript in appeals nos. 96-CV-76 and 96-CV-1276. (MORE)
02/11/1997APPELLANT'S DOCKETING STATEMENT (96-CV-76 & 96-CV-1276)
02/11/1997DESIGNATION OF RECORD (96-CV-76 & 96-CV-1276).
02/11/1997STATEMENT REGARDING TRANSCRIPT(S) (96-CV-76 & 96-CV-1276).
02/11/1997ORD GRT COUNSEL MO TO WITHDRAW FOR BUSINESS REASONand the appearance of Abbey G. Hairston, Esquire, is hereby withdrawn on behalf of appellant and appellee/cross-appellant Benjamin F. Chavis, Jr., in appeals nos. 96-CV-76 and 96-CV-1276. (MORE)
02/11/1997ORD GRT COUNSEL MO TO WITHDRAW FOR BUSINESS REASONand the appearance of Leonard L. Long, Esquire, is hereby withdrawn on behalf of appellant Benjamin F. Chavis, Jr., in appeals nos. 96-CV-76 and 96-CV-1276. (By: AMW)
09/05/1997SUPPLEMENTAL RECORD #6 (252-pgs/tape 6/3-4/96 proc.)
10/08/1997RECEIVED - courtesy copy of sup crt, civil div memorandum and order signed by Judge Kennedy
10/15/1997ORDERED that the briefs shall be filed as follows: *Opening brief(s) of appellant(s)/cross-appellee (s), within 40 days from the date of this order; Responsive brief(s) of appellee(s)/cross-appellant (s), within 30 days from the date of service of the opening brief(s) of appellant(s)/cross-appellee (s); Reply brief(s) of appellant(s)/cross-appellee(s), within 21 days from the date of service of the responsive brief(s) of appellee(s)/cross-appellant; and Reply brief(s) of appellee(s)/cross-appellant(s), within 21 days from the date of service of the reply brief(s) of appellant(s)/cross-appellee(s). (By: GP)
10/30/1997APPELLANT'S MOTION TO STRIKE- appearance of Leonard L. Long, Jr., Esquire for B. Chavis (vvd)
10/30/1997MOTION(S) FEE PAID
11/25/1997APLT-X-APLE MOTION TO EXTEND TIME TO FILE BRIEF in 96-CV-76 & 96-CV-1276 to 12/15/97
01/06/1998APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for leave to file aplt's Chavis'motion to compel counsel to turn over file and for extension of time to file brief
01/06/1998MOTION(S) FEE PAID
01/06/1998RECEIVED - motion to compel former counsel to produce pleadings, memorandum and other documents pertinent to theis appeal and for an extension of time within which to file aplt's brief
01/06/1998MOTION(S) FEE PAID
01/15/1998APPELLEE'S REPLY - (Abbey G. Hairston) to motion to comple former counsel to produce pleading, memoranda and other documents pertinent to this appeal nd for an extension of time which to file aplt's brief
02/18/1998ORDER DENYING APPELLANT MOTION TO STRIKE the appearance of Leonard L. Long, Esquire, as moot. It is (More)
02/18/1998ORDER DENYING APLT MISCELLANEOUS PROCEDURAL MOTION and counsel for appellant Benjamin F. Chavis, Jr., shall make the necessary arrangements with the former firm of Abbey G. Hairston, Esquire, to obtain access to the files of Benjamin F. Chavis, Jr. It is F/O that the opening briefs of appellants Benjamin F. Chavis, Jr., and Mary E. Stansel shall be filed within 40 days from the date of this order. It is F/O that the responsive briefs of appellees/cross-appellants Mary E. Stansel, Benjamin F. Chavis, Jr., the National Association for the Advancement of Colored People shall be filed within 30 days from the date of service of the opening briefs of appellants Benjamin F. Chavis, Jr., and Mary E. Stansel. It is F/O that the reply briefs of appellants Benjamin F. Chavis, Jr., and Mary E. Stansel shall be filed within 21 days from the date of service of the responsive briefs of appellees/cross-appellants Mary E. Stansel, Benjamin F. Chavis, Jr., the National Association for the Advancement of Colored People. It is F/O that the reply briefs of appellees/cross-appellants Mary E. Stansel, Benjamin F. Chavis, Jr., the National Association for the Advancement of Colored People shall be filed within 21 days from the date of service of the reply briefs of appellants Benjamin F. Chavis, Jr., and Mary E. Stansel. (BY: AMW)
02/18/1998ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF of appellant Benjamin F. Chavis, Jr., and the request of the National Association for the Advancement of Colored People to clarify the briefing order to the extent that the Clerk shall vacate the briefing order of October 15, 1997. It is (More)
02/18/1998ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION of Benjamin F. Chavis, Jr., for leave to file the motion, and the Clerk shall file the motion of appellant Benjamin F. Chavis, Jr., to compel counsel to turn over the file. It is (More)
02/18/1998MISCELLANEOUS MOTION OF APPELLANT TO COMPEL COUNSEL TO TURN OVER THE FILE (Benjamin F. Chavis, Jr.)
03/30/1998APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (Chavis) to 4/27/98
03/30/1998MOTION(S) FEE PAID
03/30/1998APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION cross aple to file brief no oppo 4/30/98
03/30/1998MOTION(S) FEE PAID
04/16/1998ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF and the opening brief of appellant Benjamin F. Chavis, Jr., shall be filed on or before April 27, 1998. It is (More)
04/16/1998ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF and the opening brief of Mary E. Stansel shall be filed on or before April 30, 1998. It is F/O that the responsive briefs of Mary E. Stansel, Benjamin F. Chavis, Jr., and the National Association for the Advancement of Colored People shall be filed within 30 days from the date of service of the opening briefs of appellants Benjamin F. Chavis, Jr., and Mary E. Stansel. It is F/O that the reply brief of Benjamin F. Chavis, Jr., and Mary E. Stansel shal lbe filed within 21 days form the date of service of the responsive briefs of Mary E. Stansel, Benjamin F. Chavis, Jr., and the National Association for the Advancement of Colored People. It is F/O that the reply briefs of Mary E. Stansel, Benjamin F. Chavis, Jr., the National Association for the Advancement of Colored People shall be filed within 21 days from the date of service of the reply briefs of appellants Benjamin F. Chavis, Jr., and Mary E. Stansel. (BY: JAC for GPJ)
04/28/1998RECEIVED - aplt's motion for extension of time t o file brief (need fee)
04/28/1998NOTICE SENT - to aplt's attorney re: fee for motion for extension of time to file brief
04/30/1998APLT-X-APLE MOTION TO EXTEND TIME TO FILE BRIEF (Mary E. Stansel) to 5/12/98 no oppo
04/30/1998MOTION(S) FEE PAID
05/01/1998APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (Chavis) to 5/12/98
05/01/1998MOTION(S) FEE PAID
05/12/1998APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo to 5/22/98
05/12/1998MOTION(S) FEE PAID
05/15/1998ORDERED, sua sponte, that appeal no. 98-CV-345 is hereby consolidated with previously consolidated appeals nos. 96-CV-76, 96-CV-1222 and 96-CV-1276 for all purposes herein. It is ( M O R E)
05/15/1998F/ORDERED that appellant Stansel shall, in appeal no. 98-CV-345, within 20 days from the date of this order, tender the $50 docketing fee and file the docketing statement with this court, and file the designation of record and statement regarding transcript with the Sup.Ct. Office of ACO, Room 3148. F/ORDERED that appellant shall simultaneously file a copy of those documents with this court, accompanied by a motion for leave to file the documents out of time, and this court's $10 motion fee. The motion should set forth good cause for the failure either to timely file the documents or to request an extension of time within which to do so. Failure to comply with this order shall subject this appeal to dismissal without further notice. See D.C. App. R. 14. (M O R E)
05/15/1998F/ORDERED that the motions of appellant/cross-appellee Stansel for extensions of time to file the brief is granted, and the brief of Stansel shall be filed on or before May 22, 1998. It is (M O R E)
05/15/1998F/ORDERED that the motions of appellant Chavis for extensions of time to file the brief is granted, and the brief of appellant Chavis shall be filed on or before May 22, 1998. (By: GP)
05/22/1998APPELLANT/CROSS-APPELLEE'S BRIEF- Stansel
06/10/1998APLT MOTION FOR LEAVE TO SUPPLEMENT THE RECORD cross aple no oppo
06/10/1998MOTION(S) FEE PAID
06/22/1998APLT MOTION FOR LEAVE TO SUPPLEMENT THE RECORD cross aple (Stansel)
06/22/1998MOTION(S) FEE PAID
06/25/1998APPELLEE'S BRIEF - NAACP (The Advancement of Colored People, Inc.,) (index of trial transcript to brief for aple National Association for hte Advancement of Colored People, Inc.,)
07/21/1998APLT-X-APLE MTN TO EXTEND TIME TO FILE REPLY BRIEFto 7/28/98
07/21/1998MOTION(S) FEE PAID
07/28/1998RECEIVED - reply brief for aplt cross aple
07/28/1998APLT MOTION FOR LEAVE TO SUPPLEMENT THE RECORD cross aple no oppo (joint)
07/28/1998MOTION(S) FEE PAID
08/10/1998APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to proceed In Forma Pauperis, for leave to file certain documents out of time; for leave to extendtime within which to do so (no oppo)
08/12/1998APPELLEE/CROSS-APPELLANT'S OPPOSITION to (Stansel's) to IFP, for leave to file certain documents out of time and for leave to ext time within which to do so to motions filed 8/10/98
08/25/1998ORD GRANT APLE MOS FOR LV TO SUPPLEMENT THE RECORD, and the Clerk of the Superior Court shall prepare and transmit the items specified in the motions to this court as a supplemental record forthwith. It is (MORE)
08/25/1998ORD GRT APLT-X-APLE MTN TO EXT TM TO FL REPLY BRF to the extent that the Clerk shall file the lodged reply brief of appellant/cross-appellee Stansel. It is (MORE)
08/25/1998APPELLANT-CROSS-APPELLEE REPLY BRIEF (Stansel)
08/25/1998F/ORDERED that appellant Chavis shall, within 20 days from the date of this order, file the brief, accompanied by a motion for leave to file the brief 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 do so. Failure to comply with this order shall subject this appeal to dismissal without further notice. See D.C. App. R. 14. (MORE)
08/25/1998ORDER GRANT APLT MO TO PROCEED IN FORMA PAUPERIS (Stansel) It is (MORE)
08/25/1998ORDER GRANTING APLT MOTION FOR LEAVE TO FILE the docketing statement, designation of record and statement regarding transcript, and appellant Stansel shall, within 20 days from the date of this order file the docketing statement, designation of record and statement regarding transcript in appeal no. 98-CV-345. It is (MORE)
08/25/1998F/ORDERED that the Clerk of the Superior Court shall prepare and transmit the record on appeal in appeal no. 98-CV-345 to this court without fee forthwith. (By: AMW)
09/10/1998SUPPLEMENTAL RECORD#7(order dated 5/9/96 signed by J. Kennedy, second motio for summary jdmt exhibit 1 thru exhibit 38, exhibit 39 thru ex. 47)
09/10/1998SUPPLEMENTAL RECORD - #8 (118 pgs/Kaczorowski) 5/31/96 proc.
09/14/1998RECEIVED - aplt's docketing statement, designation of record and statement regarding transcripts (Need motion to late file)
09/14/1998NOTICE SENT -to aplt re: motion to late file ads, srt, and dr
09/24/1998APPELLANT'S MOTION FOR RECONSIDERATION (Stansel) of the clerk's 9/14/98 order or, alternatively, motions for leave to file certain documents out of time and to extend time within which to do se pro-se and in forma pauperis
10/06/1998DESIGNATION OF RECORD/Mary E. Stanel in 98-CV-345 per ACO
10/29/1998APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF, to file brief out of time, to amend/correct the record in the Court of Appeals to make it correspond to the record in the Superior Court, and for diminution of the record to make it conform to only postjudgment garnishment proceedings. (vvd)
11/16/1998APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to correct and supplement record in 94 ca7303 on appeal in the D.C. Cour of Appeals, Case # 98cv345 consol. with 96cv76, 96cv1276 and 96cv1222 no oppo (vvd)
11/19/1998APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for leave to supp expedited motions
12/31/1998ORDER DENY APPELLANT MOTION FOR RECONSIDERATION of this court's order of August 25, 1998. See Mohammed v. DC Taxicab Commission, 651 A.2d 1392 (D.C. 1994). (Stansel in 98-CV-345) (More)
12/31/1998ORDER DENYING APLT MISCELLANEOUS PROCEDURAL MOTIONS (Stansel) in appeal no. 98-CV-345 to correct and supplement the record in 94CA7303, appeal no. 98-CV-345, in forma pauperis, without prejudice to their renewal in the trial court. See D.C. App. R. 10 (e). FO that appeals nos. 96-CV-76 and 96-CV-1276 are hereby dismissed. See D.C. App. R. 14. (By: AMW)
12/31/1998ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF and/or for leave to file documents to the extent that appellant Stansel shall, within 10 days from the date of this order, file the docketing statement and statement regarding transcript in appeal no. 98-CV-345. Failure to comply with this order shall subject appeal no. 98-CV-345 to dismissal without further notice. See D.C. App. R. 14. (More)
12/31/1998DISMISSED
01/22/1999MANDATE ISSUED