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United States Court Cases

District Of Columbia Court Of Appeals Record

JASON MAJESKY V. NATIONAL MEDICAL ENTERPRISES INC.,

Case Information: 97-CV-0820
Short Caption:JASON MAJESKY V. NATIONAL MEDICAL ENTERPRISES INC.,Classification:Appeals - Civil - Other Civil
Lead: 97-CV-0814 Consolidated: 97-CV-0815 , 97-CV-0820, 97-CV-0856 , 97-CV-0871
Superior Court or Agency Case Number:CA3561-96Filed Date:04/01/1997

Opening Event Date:04/01/1997Case Status:Closed
Record Completed:05/10/1999Post-Decision Matter Pending:
Briefs Completed:10/25/1999
Argued/Submitted:
Disposition:Next Scheduled Action:
Mandate Issued:06/04/2001

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantJason Majesky N
E. David Hoskins YN
Kenneth D. Pack NN
AppelleeNational Medical Enterprises Inc.N
Lawrence K. Gustafson NN
Thomas G. Hunger YN
AppelleePsychiatric Institute of Washington D.C. Inc.N
Paul D. Krause NN
Carol A. Petren NN
Thomas G. Hunger YN
AppelleePsychiatric Institutes of America Inc.N
Julia A. DahlbergNY
Thomas G. Hunger YN
AppelleeEliot Sorel N
Pamela A. Bresnahan NN
Nihar Mohanty NN
AppelleeMetropolitan Psychiatric Group in BrewerN
Pamela A. Bresnahan NN
Nihar Mohanty NN
AppelleeJoseph J. Palombi N
Shelly L. Bagoly NN
Michael F. FlynnNN

Events
Event DateStatusDescriptionResult
11/07/1968error
11/07/1968error
04/01/1997NOTICE OF APPEAL
05/09/1997$50.00 DOCKETING FEE
05/09/1997APPELLANT'S DOCKETING STATEMENT (No RT ordered)
05/09/1997DESIGNATION OF RECORD
05/09/1997STATEMENT REGARDING TRANSCRIPT(S)
06/06/1997TMC - April 1, 1997 trial court order
06/11/1997ORDERED, sua sponte, that appellant shall, within 20 days from the date of this order, designate three lead cases that address all issues presented in these appeals. Upon the designation of the lead cases, those lead cases will be expedited adn the remaining appeals stayed pending resolution of the lead cases. (by: KGRDPY)
07/01/1997APPELLANT'S ANSWER/RESPONSE -to 6/11/97 order
07/16/1997ORDERED that appeals nos. 97-CV-814, 97-CV-815, 97-CV-816, 97-CV-820, 97-CV-821, 97-CV-856 and 97-CV-871 are hereby consolidated for all purposes. F/O that these appeals are hereby stayed pending resolution of the lead cases, Paris Morton v. National Medical Enterprises, et al. no. 97-CV-817. (by: KGRDPY)
07/16/1997CASE STAYED
03/01/1999ORDER TO SHOW CAUSE. Appellants in these consolidated appeals shall, within 20 days from the date of this order, show cause why the stay entered in these appeals should not be vacated and these appeals summarily affirmed pursuant to Paris Morton, et al. v. National Medical Enterprises, Inc, N/K/A Tenet Healthcare Corp., et al., 97-CV-817 (February 11, 1999). (By: AMW)
03/19/1999RESPONSE TO ORDER TO SHOW CAUSE
03/26/1999APLE MOTION TO EXTEND TIME TO FILE ANSWER/RESPONSEno oppo to 4/8/99
03/26/1999MOTION(S) FEE PAID
03/26/1999TMC - March 1, 1999, order to show cause - Aplts' response to show cause order - Aple's motion to extend time to respond to show cause order - Aple's reply to aplt's response to show cause
04/02/1999APLE MOTION TO EXTEND TIME TO FILE ANSWER/RESPONSEjoinder of aple Harry Clark Bates, III, M.D. in the motion of defendants aple National Medical Enterprise, Inc., Psychiatric Institute of America, Inc., and Psychiatric Institute of Washington, D.C. to file a response to aplt's response to this court show cause order no oppo to 4/8/99
04/02/1999MOTION(S) FEE PAID
04/05/1999RECEIVED - response oppo of aple's (Bates) to aplt's response to show cause
04/08/1999RECEIVED - response of aple's Nat Med Enterprises Inc., Pys Instit of America, Inc. and Psy Instit of WDC., Inc. to aplt's response to show cause
04/15/1999RECEIVED - aple's oppose aplt's response to this Court ord dtd 3/1/99 show cause order
04/20/1999PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED
04/20/1999ORD GRT APLE' MOTIONS TO EXT TIME TO FILE RESPONSE to this court's March 1, 1999, show cause order, and the Clerk shall file the three lodged replies of appellees. F/O that this court's March 1, 1999, order to show cause is hereby discharged without prejudice to the parties filing appropriate motions after the entire record on appeal has been filed. F/O that this court's July 16, 1997, order staying these appeals is hereby vacated and these appeals shall proceed. F/O that appeal no. 97-CV-821 is hereby dismissed. F/O that appellants shall forthwith make the necessary arrangements to have the records on appeal transmitted to this court. (by: SCRZKG)
04/20/1999APPELLEE'S REPLY of Harry Clerk Bates, III, M.D., to aplt's response to this court's March 1, 1999, show cause order.
04/20/1999APPELLEE'S REPLY of Joseph J. Palombi, MD, Eliot Sorel M.D., and Metropolitan Psychiatric Group (MPG) to aplt's response to this court's March 1, 1999, show cause order.
04/20/1999APPELLEE'S REPLY of National Medical Enterprises, INC., Psychiatric Institutes of America, Inc. and Psychiatric Institutes of Washington, D.C. to aplt's response to this court's March 1, 1999, show cause order.
05/04/1999COPY OF SUPERIOR COURT LETTER to aplt's conunsel dtd 4/16/99 (all 6 app.) re record pick-up.
05/06/1999RECORD ON APPEAL in 97-C0-820
05/06/1999RECORD ON APPEAL in 97-CV-816
05/06/1999RECORD ON APPEAL in 97-CV-815
05/10/1999RECORD ON APPEAL (97cv814)
05/10/1999RECORD ON APPEAL - for 97 cv871
05/10/1999RECORD ON APPEAL for 97cv856
05/10/1999RECORD COMPLETED
06/23/1999SUPPLEMENTAL RECORD - #1 (amended complaint dtd 4/30/96)
06/23/1999SUPPLEMENTAL RECORD #2 (pleadings filed in superior court)
06/23/1999SUPPLEMENTAL RECORD #3 (pleading filed in superior court)
06/28/1999 It appearing that the complete record on appeal has been filed with this court, it is ORDERED that the briefs of appellants shall be filed within 40 days from the date of this order, and the brief_ of appellee_ shall be filed within 30 days thereafter. See D.C. App. R. 31. (By: GP)
07/01/1999RECEIVED - ltr from ACO re supp record fee in 97-CV-820
08/09/1999APPELLANT'S BRIEF
08/10/1999SUPPLEMENTAL RECORD #4-- Defendant's joint expedited motions for summary judgement.
08/10/1999SUPPLEMENTAL RECORD #5 Defendant's joint expedited motions for summary judgement
08/13/1999SUPPLEMENTAL RECORD - #6 (pleadings)
08/18/1999SUPPLEMENTAL RECORD - #7 (pleadings)
08/18/1999SUPPLEMENTAL RECORD - #8 (pleadings)
08/18/1999SUPPLEMENTAL RECORD #9 (pleadings filed in superior court)
08/23/1999LETTER from aple advising the court he will be filing within 25 days of this ltr mot for summary affirmance
08/24/1999SUPPLEMENTAL RECORD #10 (missing pleadings )
09/02/1999APPELLEE'S MOTION FOR SUMMARY AFFIRMANCE (Harry Clark Bates, III, M.D.)
09/02/1999MOTION(S) FEE PAID
09/15/1999TMC - Aple's motion for summary affirmance in appeal no. 97-CV-816 - Aplt's opposition to summary affirmance motion - Aple's motion for summary affirmance
09/15/1999APPELLEE'S MOTION FOR SUMMARY AFFIRMANCE (Joseph J. Palombi)
09/15/1999MOTION(S) FEE PAID
09/17/1999APPELLANT'S OPPOSITION - to aple's motion for summary affirmance
09/21/1999APPELLEE'S MOTION FOR SUMMARY AFFIRMANCE
09/21/1999APPELLEE'S MOTION FOR SUMMARY AFFIRMANCE (Dr. Sorel)
09/21/1999MOTION(S) FEE PAID
09/21/1999RECEIVED - aplt's motion to dismiss appeal (fee needed)
09/23/1999ORDER DENY APPELLEE MOTION FOR SUMMARY AFFIRMANCE filed in no. 97-CV-816. F/O that the briefs of appellees shall be filed within 30 days from the date of this order. (by: TERDNM)
09/24/1999NOTICE SENT
09/30/1999APPELLANT'S MOTION TO DISMISS/WITHDRAW APPEAL as to appellee Harry Clark Bates, III, MD, in appeal no. 97CV816 (vvd)
09/30/1999MOTION(S) FEE PAID
10/04/1999RECEIVED - oppo to aple's mot for summary affir- mance
10/25/1999APPELLEE'S BRIEF (Consolidated) ee
10/25/1999BRIEFS COMPLETED
11/16/1999ORDER GRANT APLT SCOTT BREWER MOTION TO DISMISS/WITHDRAW APPEAL IN APPEAL NO. 97-CV-816 FOR DISMISSAL OF APPELLEE HARRY CLARK BATES, III, M.D. in appeal no. 97-CV-816 is hereby dismissed, with the parties to bear their own costs in appeal no. 97-CV-816. See D.C. App. R. 42(b). FO that the briefs of the remaining appellees shall be filed within 30 days from the date of this order. (By: AMW)
11/17/1999APPELLANT'S REPLY BRIEF
01/10/2000ORDERED that the appellees shall, within 15 days from thedate of this order, file the brief, or a statement that the party will not be filing a brief, accompanied by a motion for leave to file the brief, or statement, out of time. The motion should set forth good cause for the failure either to timely file the brief, or statement, or to request an extension of itme within which to do so. Failureto comply with this order shall subject this appeal to being scheduled on the record on appeal and all briefs on file without further notice. (BY: GPJ)
01/19/2000APLE MOTION FOR LEAVE TO FILE ANSWER/RESPONSE to court's order of 1/10/00. (Nat'l Med. Enterprises, Psychiatric Institutes of America, Psychiatric Institute of Washington, DC, Metropolitan Psychiatric Group, Drs. Joseph J. Palombi and Eliot Sorel) (vvd)
01/19/2000MOTION(S) FEE PAID
01/19/2000RECEIVED - aple's mot to respond to court ord of 1/10/00.
02/08/2000ORD GRANT APLE MOTION FOR LV TO FL ANSWER/RESPONSE and the Clerk shall file the lodged response of appellees to this court's order of January 10, 2000. It is F/O, sua sponte, that this court's order of January 10, 2000, which directed appellees to file the brief, or a statement in lieu of brief, is hereby vacated. It is F/O that these appeals shall be scheduled for consideration before a mertis division as soon as the calendar permits. (BY: AMW)
02/08/2000APPELLEE'S ANSWER/RESPONSE (to this court's order of January 10, 1999)
02/25/2000FINAL SCREENING - REGULAR CALENDAR
02/25/2000LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING
03/03/2000LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
03/06/2000CERTIFICATE PER RULE 28
03/23/2000LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
06/02/2000LETTER from atty. Michael F. Flanagan re attys for argument.
07/25/2000CALENDAR NOTICE SENT
08/11/2000APPELLANT'S MOTION TO HOLD CASE IN ABEYANCE
08/11/2000MOTION(S) FEE PAID
08/22/2000On consideation of the joint consent motion of parties to hold case in abeyance, pending approval of settlement agreement, and it appearing that these matters are scheduled on the Regular Calendar of September 5, 2000, it is ORDERED on behalf of the merits division assigned to consider these matters that the motion is granted, and these appeals are removed from the Regular Calendar of September 5, 2000. It is FURTHER ORDERED that counsel for appellants shall advise the court, within 10 days of the approval of a settlement, that such approval has been granted. If no settlement has been approved by November 15, 2000, then counsel for appellant shall report to the Court every 30 days as to the status of the settlement, with the first such report due on December 15, 2000. (GP)
12/15/2000STATEMENT of aplt's re status re settlement
01/19/2001STATEMENT aplt's report re status of settlement
02/15/2001STATEMENT - from aplt to 8/22/00 order
03/19/2001STATEMENT of aplt re status of settlement
03/28/2001STIPULATION TO DISMISS APPEAL
04/03/2001PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED
04/10/2001On consideration of the agreement to dismiss appeals filed by the parties, it is ORDERED that these appeals are hereby dismissed with prejudice, and each party to bear its own costs. (WAFARD)
04/10/2001DISMISSED
06/04/2001MANDATE ISSUED