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Case Information: 98-PR-1104
Short Caption:IN RE: ESTATE OF DANIEL B. DELANEY; SHERMAN B. LUBMAN, APLTClassification:Appeals - Probate - Probate
Lead:97-PR-1217Consolidated:00-PR-0071, 00-PR-0768, 00-PR-0808, 00-PR-0873, 00-PR-0904, 00-PR-0905, 01-PR-1469, 98-PR-0934, 98-PR-1104, 98-PR-1771, 99-PR-0531, 99-PR-1392, 99-PR-1619
Superior Court or Agency Case Number:1993-ADM-001809Filed Date:06/15/1998

Opening Event Date:06/15/1998Case Status:Closed
Record Completed:10/26/1999Post-Decision Matter Pending:
Briefs Completed:09/30/2002
Argued/Submitted:11/18/2002
Disposition:Next Scheduled Action:
Mandate Issued:08/12/2003

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantSherman B. Lubman N
Walter T. CharltonYY
AppelleeChristopher G. Hoge N
K. Stewart Evans NN
William J. Bethune YN

Events
Event DateStatusDescriptionResultPDF
06/15/1998NOTICE OF APPEAL
09/30/1998error
10/05/1998ORDER, SUA SPONTE, CONSOLIDATING APPEAL number 98-PR-1104 with 98-PR-374 and 98-PR-934 for all purposes herein. (By: GP)
10/08/1998COPY OF SUPERIOR COURT LETTER (waiting for counsel to pick-up record)
10/14/1998ORDER: Appellant shall, within 10 days from the date of this order, make the necessary arrangements to have the record on appeal transmitted to this court. Failure to comply with this order shall subject this appeal to dismissal without further notice. See D.C. App. R. 11 and 14. (By: GP)
10/16/1998RECORD ON APPEAL
10/16/1998SUPPLEMENTAL RECORD - #5 (22 pgs/tape) 8/18/97 proc.
01/05/1999error
01/12/1999ORDERED that appellant Valentine shall, within 20 days from the date of this order, show cause why appeal no. 98-PR-1104 should not be dismissed as a duplicate of appeal no. 98-PR-934. (by: SCRDKN)
01/22/1999APPELLANT'S MOTION FOR LEAVE TO FILE DS
01/22/1999RECEIVED - aplt's docketing statement, DR & SRT
01/22/1999MOTION(S) FEE PAID
01/22/1999$50.00 DOCKETING FEE
01/29/1999APPELLEE'S OPPOSITION to appellant's motion for leave to file out of time.
01/29/1999APPELLEE'S OPPOSITION (Goldstein) to motion for leave to file documents late and request for dismissal
02/01/1999RESPONSE TO ORDER TO SHOW CAUSE -to order 1/12/99
02/02/1999TMC - January 12, 1999, order to show cause - Aplt's response to show cause order - Aplt's motion for leave to file documents out of time - Aplt's ADS, DR & SRT (lodged) - Aple's opposition
02/08/1999MISCELLANEOUS - stipulation and consent order withdrawing: (1) auditor's opposition to motion for leave to file documents out of time and (2) request for dismissal of appeal
02/08/1999APPELLEE'S REPLY - to aple's show cause filing why (1) 98 PR934, and 98 PR1104 are not duplicates and (2) 98 PR 1770 and 98 PR 1770 and 98 PR 1893 should not be dismissed as taken from non - final order
02/16/1999ORDERED that this court's January 12, 1999, order to show cause is discharged as it relates to appeal no. 98-PR-1004. F/O that appeals nos. 98-PR-1770 and 98-PR-1893 are dismissed for lack of jurisdiction as having been taken from a non-final order. F/O that the motion of appellant for leave to file docketing statement out of time in appeal no. 98-PR-1893 is denied as moot. F/O that the auditor's opposition to the motion of appellant for leave to file documents in appeal no. 98-PR-1771 is withdrawn. *** MORE ***
02/16/1999ORDER GRANTING APLT MOTION FOR LEAVE TO FILE DS in appeal no. 98-PR-1771 without prejudice to the filing of a motion to dismiss, and the Clerk shall file the lodged documents in appeal no. 98-PR-1771. *** MORE ***
02/16/1999APPELLANT'S DOCKETING STATEMENT (98-PR-1771)
02/16/1999DESIGNATION OF RECORD and STATEMENT REGARDING TRANSCRIPT (98-PR-1771)
02/16/1999ORDERED that the request of the personal representative to dismiss appeals is struck as improperly filed, without prejudice to refiling in compliance with D.C. App. R. 27 (a). F/O that the auditor, Charles R. Goldstein, is dismissed as a party in these appeals. (by: SCRDKN)
02/25/1999SUPPLEMENTAL RECORD #7 ( consent order 11/13/98)
03/03/1999ORDER on behalf of the merits division assigned to consider no. 97-PR-1217, that aple's motion to stay argument in appeal no. 97-PR-1217 is granted and this matter is hereby removed from the March 11, 1999, calendar. It is Further Ordered that aple's alternate motion to argue on March 11, 1999, is denied as moot. It is Further Ordered that the motion of NAACP and American Heart Assn to intervene in appeal no. 97-PR-1217 and file brief out of time or to file an amicus curiae brief is granted to the extent that the Clerk shall enter NAACP and American Heart Assn as intervenors in appeal no. 97-PR-1217 and file the lodged brief. It is Further Ordered that appeal nos. 97-PR-1217, 98-PR-374, 98-PR-934, 98-PR-1104, and 98-PR-1771 are hereby consolidated for all purposes and stayed pending resolution of all matters still pending before the trial court. It is Further Ordered that the parties shall, within 15 days from the date of this order, file a report with this court on the status of the matters pending in the trial court. It is Further Ordered that, while these matters remain pending in the trial court, counsel for appellant shall advise this court every 3 months, with the next report due on June 1, 1999, as to the status of the proceedings in the trial court. Counsel for appellant shall advise this court in writing within 15 days after the disposition of the remaining matters before the trial court. Counsel for all parties shall advise this court in writing within 20 days after the disposition of the matters whether additional appeals will be noted. (GP)
03/03/1999CASE STAYED (see order filed March 3, 1999)
03/18/1999STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
03/18/1999STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (filed by appellant Edna Valentine) (vvd)
03/26/1999LETTER -from intervenor aple re: 3/3/99 order
03/29/1999APPELLEE'S MOTION TO STRIKE aplt's status report
03/29/1999MOTION(S) FEE PAID
04/16/1999RECORD ON APPEAL in 98-PR-1771
04/16/1999SUPPLEMENTAL RECORD #8 (exhibits 2 brown envelopes)
04/27/1999ORDER DENYING APPELLEE MOTION TO STRIKE status report. It is F/O that appellant Valentine shall, within 15 days from the date of this order, show cause why the stay in these appeals should not be vacated. Appellees may, within 10 days after the filing of appellant Valentine's response file any response. (FA/RZ/BE)
04/27/1999APPELLANT'S MOTION FOR STAY - pending appeal and to vacate orders of the probate count seizing aplt's funds without due process law or in the alternative, for summary remand to the civil division of the superior court (Edna Valentine) w/ index of attachments
04/27/1999MOTION(S) FEE PAID
04/28/1999TMC - Aplt's motion for stay pending appeal and to vacate trial court's order or, alternatively for summary remand - April 27, 1999, order to show cause - Aplt's response to show cause order - Aple's motion for leave to file response - Aple's response (lodged) - Aple's response to show cause order
04/30/1999RESPONSE TO ORDER TO SHOW CAUSE (vvd)
05/13/1999APLE MOTION FOR LEAVE TO FILE ANSWER/RESPONSE to aplt's motion for staty and to vacate or for summary remand no oppo
05/13/1999RECEIVED - aple's response to aplt's motion for stay and to vacate or for summary remand and response of aple's to order to show cause
05/13/1999MOTION(S) FEE PAID
05/18/1999SUPPLEMENTAL RECORD #9 (22 pgs/tape) 12/16/98 proc.
05/25/1999ORDERED, sua sponte, that appeal no. 99-PR-531 is hereby consolidated with 97-PR-1217, 98-PR-943, 98-PR-1104, 98-PR-1771 and 98-PR-374 for all purposes. *** MORE ***
05/25/1999ORD GRANT APLE MOTION FOR LEAVE TO FILE OPPOSITION and the Clerk shall file the lodged opposition to aplt's motion for stay or for summary remand. *** MORE ***
05/25/1999APPELLEE'S OPPOSITION to aplt's motion for stay or for summary remand
05/25/1999ORDER DENYING APPELLANT (Valentine's) MOTION FOR STAY and to file a supplemental motion to stay without prejudice to renewal after the trial court has ruled on the pending motion to stay. See D.C. App. R. 8 (a). F/O that the administrative stay entered in these appeals shall continue until the trial court resolves the pending motions related to costs and attorney's fees. Appellant Valentine shall file a status report with this court within 20 days after these issues have been resolved by the trial court. (by: FARZBE)
05/25/1999CASE STAYED
05/27/1999CHANGE OF ADDRESS RECEIVED William J. Bethune The Mandell Law Firm A Professional Corporation 8133 Leesburg Piks, Ste 630 Vienna, Va 22182 703 734-9622
10/25/1999SUPPLEMENTAL RECORD #10 (3 pgs/tape) 7/7/97 proc.
10/26/1999SUPPLEMENTAL RECORD #11 (4 pgs/tape) 9/3/97 proc.
10/26/1999SUPPLEMENTAL RECORD #12 (4 pgs/tape) 7/3/97 proc.
10/26/1999RECORD COMPLETED
10/28/1999SUPPLEMENTAL RECORD #13 (247-pgs/tape 10/27,28, 29/98 Proc.)
11/12/1999APPELLEE'S OPPOSITION to mot for stay pending appeal and to vacate orders of the probate court seizing aplt's funds
11/17/1999TMC - Aple's motion for stay pending appeal and to vacate orders of the probate court
11/19/1999APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for leave to supp to emergency mot for stay pending appeal
11/19/1999MOTION(S) FEE PAID
11/24/1999ORDERED, sua sponte, that appeal no. 99-PR-1392 is hereby consolidated with previously consolidated appeal. *** MORE ***
11/24/1999ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION for leave to file, and the Clerks file the lodged supplement to the motion for stay pending appeal. *** MORE ***
11/24/1999ORDER GRANTING APLT'S (VALENTINE) EMERGENCY MOTIONS FOR STAY PENDING APPEAL, as it relates to the distribution of funds held in the Superior Court registry contingent on appellant Valentire posting, within 15 days from the date of this order, a bond set be the trial court representing the amount of lost interest pending appeal. F/O that appellant Valentine's emergency motions for stay pending appeal, as it relates to the October 20, 1999, order directing deposit of $514,997.37 into the court registry, is granted contingent on appellant Valentine posting, within 15 days from the date of this order, a bond in the amount of $514,997.37. *** MORE ***
11/24/1999ORDER DENY APPELLANT MOTION FOR SUMMARY REVERSAL of the October 20, 1999, probate order. *** MORE ***
11/24/1999ORDER DENYING APLT'S EMERGENCY MOTION to vacate the October 20, 1999, probate order. (by: FARZBE)
11/30/1999APPELLEE'S MOTION TO DISMISS/WITHDRAW APPEAL
11/30/1999MOTION(S) FEE PAID
12/03/1999STATEMENT of aple re mootness
12/07/1999APPELLANT'S OPPOSITION- to aple's motion to dismiss the appeals on grounds of untimely failure to file the supplemental designation of record for the final appeal no. 1392
12/07/1999APPELLANT'S MOTION FOR LEAVE TO FILE DR & SRT
12/07/1999RECEIVED- designation of record (no Srt filed)
12/07/1999MOTION(S) FEE PAID
12/07/1999APPELLANT'S MOTION FOR RECONSIDERATION - order setting the amount of bond and opposition to statement of mootness filed by the personal representative
12/07/1999TMC - Aple's motion to dismiss appeal no. 99-PR-1392 - Aple's statement of mootness - Aplt's opposition to motion to dismiss - Aplt's motion for reconsideration - Aplt's motion for leave to file DR - Aplt's DR (lodged)
12/09/1999ORD GRANT APLT MOTION FOR LEAVE TO FILE DR (Valentine) and the Clerk shall file the lodged designation of record in appeal no. 99-PR-1392. *** MORE ***
12/09/1999DESIGNATION OF RECORD (99-PR-1392)
12/09/1999ORDER DENY APLE MOTION TO DISMISS/WITHDRAW APPEAL in no. 99-PR-1392. *** MORE ***
12/09/1999ORDER DENY APLT (Valentine) MOTION TO RECONSIDER THIS COURTS November 24, 1999, order setting the amount of bond. (by: FARZBE)
01/27/2000MOTION FOR LEAVE TO INTERVENE - National Association for the Advancement of Colored People, American Heart Association, and American Cancer Society to intervene
01/27/2000MOTION(S) FEE PAID
01/27/2000RECEIVED - motion to extend time to serve and filecounter- designation of record aple
03/01/2000RECORD ON APPEAL (99-PR-1392)
03/23/2000ORDERED, sua sponte, that appeal no. 00-PR-71 and 99-PR-1619 are consolidated with 97-PR-1217, 98-PR-374, 98-PR-934, 98-PR-1104, 98-PR-1771, 99-PR-531, 99-PR-1392 for all purposes herein. F/O that the motion of National Association for the Advancement of Colored People, AMerican Heart Association, and American Cancer Society for leave is granted, and the Clerk shall file the lodged notice of intent to intervene and shall enter the appearance of National Association for the Advancement of Colored People, American Heart Association, and American, and American Cancer Society as an intervenor on behalf of appellee in this matter. F/O that the motion of National Association for the Advancement of Colored People, American Heart Association, and American Cancer Society is granted, and the counter-designation of record shall be filed with 10 days from the date of this order. (BY: AMW) MORE MORE MORE MORE
03/23/2000 F/O that appellant in appeal nos. 99-PR-1619 and 00-PR-71 shall, within 20 days from the date of this order, tender the $50 docketing fees & file the docketing statements w/this court, and file the designation of records & sta tement regarding transcripts w/the Superior Cour t, Office of Appeals Coordinator, Room 3148. F/O that appellant in appeal nos. 99-PR-1619 and 00-PR-71 shall simultan eously 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 these appeals to dismissal without further notice. See D.C. App. R. 14. (AMW)
03/23/2000PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED
04/03/2000COUNTER DESIGNATION OF RECORD
04/05/2000SUPPLEMENTAL RECORD #14 (127 pgs/Hart) 11/12/98 proc.
04/05/2000SUPPLEMENTAL RECORD #15 (85 pgs/Hawkins) 11/13/98 proc.
04/10/2000APPELLANT'S MOTION FOR LEAVE TO FILE DS 99PR1619
04/10/2000RECEIVED - aplt's docketing statement, designation of record and statement regarding transcrips for case 99pr1619
04/13/2000COPY OF SUPERIOR COURT LETTER (dated 4/12/00) (originally dated 2/24/00)
04/14/2000SUPPLEMENTAL RECORD #16 (104-pgs/ramos 11/10/98 proc.)
04/14/2000SUPPLEMENTAL RECORD #17 (101-pgs/van bremen 11/9/98 proc.)
04/14/2000SUPPLEMENTAL RECORD #18 (102-pgs/tape 12/10/99 proc.)
05/09/2000RECORD ON APPEAL in 99-PR-1619
06/06/2000SUPPLEMENTAL RECORD #19 (32 pgs/Tape) 01/23/97 proc.
06/06/2000APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION - t detemine record to be final for purposes of this consolidated appeal: and to expedite briefing schedule to avoid irreparable
06/07/2000MOTION(S) FEE PAID
06/19/2000APPELLEE'S OPPOSITION to the aplt's mot to finalize the record and to expedite briefing schd to avoid irreparable harm to aplt.
01/30/2001CHANGE OF ADDRESS RECEIVED (Bethume)
03/14/2001ORDER, SUA SPONTE, CONSOLIDATING APPEALS nos. 00-PR-768, 00-PR-808, 00-PR-873, 00-PR-903, 00-PR-904, 00-PR-905, 00-PR-990 with previously consolidated appeals nos. 97-PR-1217, 98-PR-374, 98-PR-934, 98-PR-1104, 98-PR-1771, 99-PR-531, 99-PR-1392, 99-PR-1619 and 00-PR-71 for all purposes herein. It is (More)
03/14/2001ORDER GRANTING APLT MOTION FOR LEAVE TO FILE DS, DR & SRT of Edna J. Valentine, and the Clerk shall file the lodged docketing statements, designations of record and statements regarding transcript in appeals nos. 99-PR-1619 and 00-PR-768. It is F/O that, in appeal no. 00-PR-903, appellant shall, 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 Superior Court, Office of Appeals Coordinator, Room 3148. It is F/O that, in appeal no. 903, 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 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. It is F/O that, in appeals nos. 00-PR-904, 00-PR-905 and 00-PR-990 appellants shall, within 20 days from the date of this order, file the designations of record and statements regarding transcript with the Superior Court, Office of Appeals Coordinator, Room 3148, and 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 these appeals to dismissal without further notice. See D.C. App. R. 14. It is (More)
03/14/2001ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION of Edna J. Valentine to determine the records to be final is granted to the extent that appellants shall, within 10 days from the date of this order make the necessary arrangements to have the records on appeal in appeals nos. 00-PR-768 and 00-PR-990 transmitted to this court. Failure to comply with this order shall subject these appeals to dismissal without further notice. See D.C. App. R. 11 and 14. It is F/O that, in appeals nos. 00-PR-808, 00-PR-873, 00-PR-904 and 00-PR-905, upon notification from the Office of Appeals Coordinator, Room 3148, that the records on appeal have been completed and are ready for transmittal to this court, appellants and cross-appellant shall, within 10 days from the date of notice, make the necessary arrangements to have the records on appeal transmitted to this court. Failure to comply might subject these appeals to dismissal without further notice. See D.C. App. R. 11 and 14. It is F/O that the request of appellant to expedite the briefing schedule in these appeals is denied. (BY: AMW)
03/14/2001APPELLANT'S DOCKETING STATEMENT (99-PR-1619)
03/14/2001DESIGNATION OF RECORD (99-PR-1619)
03/14/2001STATEMENT REGARDING TRANSCRIPT(S) (99-PR-1619)
03/14/2001APPELLANT'S DOCKETING STATEMENT (00-PR-768)
03/19/2001MISCELLANEOUS - suggestiion of bankruptcy from intervenor-aple. (Valentine)
04/06/2001RECORD ON APPEAL in 00-PR-873, 903,904,905 & 990
04/10/2001ORDERED, sua sponte, that these appeals are hereby stayed pending further order of this court. It is F/O that the stay shall remain in effect and no action will be taken by this court until one or more parties moves to vacate the stay in this case. It is F/O that the parties shall inform this court immediately upon the termination of the stay by the United States Bankruptcy Court for the Eastern District of Virginia. (BY: AMW)
04/10/2001CASE STAYED
04/10/2001APPELLANT'S MOTION FOR LEAVE TO FILE DR & SRT
04/10/2001MOTION(S) FEE PAID
04/10/2001RECEIVED - DR & SRT
04/27/2001ORDER GRANTING APLT MOTION FOR LEAVE TO FILE DS, and the Clerk shall file the lodged designation of record and statement regarding transcript in appeal nos. 00-PR-904 and 00-PR-905. It is F/O that the stay shall remain in effect and no action will be taken by this court until one or more parties moves to vacate the stay in this court. It is F/O that the parties shall inform this court immediately upon the termination of stay by the United States Bankruptcy Court for the Eastern District of Virginia. (BY: AMW)
04/27/2001DESIGNATION OF RECORD (00-PR-904 & 00-PR-905)
04/27/2001STATEMENT REGARDING TRANSCRIPT(S) (No RT Ordered)
05/24/2001SUPPLEMENTAL RECORD #20 (Order judge Christian entered 5/8/00)
12/05/2001ORDER DENYING APLT'S REQUEST for an expedited hearing *** MORE ***
12/05/2001ORDER DENYING APLT'S EMERGENCY MOTION FOR STAY pending appeal F/O, sua sponte, that appeal no. 01-PR-1469 is hereby consolidated with the other appeals taken from this probate matter. F/O that the appellants in these various appeals shall, within 30 days from the date of this order, file a statement with this court on the status of the pending bankruptcy proceedings being conducted in Virginia. (by: TEWSBE)
12/05/2001CASE STAYED
12/13/2001APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to sever apeal #01-PR-1469, and to reconsider mot to stay. (dwm)
12/13/2001MOTION(S) FEE PAID
12/14/2001TMC - Aplt's motion to sever appeal no. 01-PR-1469, reconsider and grant stay
12/19/2001ORDER DENY APPELLANT MOTION FOR RECONSIDERATION *** MORE ***
12/19/2001ORDER DENYING APLT MISCELLANEOUS PROCEDURAL MOTION to sever AS MOOT. (by: TEWSBE)
12/19/2001ORDER DENYING APPELLANT MOTION FOR STAY as moot. *** MORE ***
12/21/2001APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for leave to file amended mot to sever appeal #01-PR-1469, reconsider and grant the stay.
12/21/2001RECEIVED - amended mot to sever appeal & recon- sider and grant the stay.
12/21/2001MOTION(S) FEE PAID
12/27/2001TMC - Aplt's motion for leave to file amended motion to sever appel no. 01-PR-1469, reconsider and grant the stay - Aplt's motion to sever & reconsider (lodged)
12/31/2001NOTICE RECEIVED - law firm of Hopkins & Sutter merged it's practice with Foley & Lardner. They are no longer conduction business in it's own name.
01/04/2002STATEMENT - from aplt re: bankruptcy (Edna J. Valentine)
01/07/2002APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION request for clarification of the aplt's court orders of 12/5 and 12/19/01.
01/07/2002MOTION(S) FEE PAID
01/07/2002STATEMENT and response to the court's 12/5/01 order, re the status of the pending bankruptcy proceeding being conducted in Virginia. (aplt's)
01/07/2002STATEMENT of intv aple re status report on bankruptcy.
01/07/2002INTERVENOR'S MISCELLANEOUS PROCEDURAL MOTION to file counter DR.
01/07/2002MOTION(S) FEE PAID
01/07/2002RECEIVED - intervenor's CDR
01/10/2002SUPPLEMENTAL RECORD #21 (32pgs/Bennett) 11/15/01 proc.
01/16/2002ORDER GRANT APLTS MISCELLANEOUS PROCEDURAL MOTION for leave to file an amended moiton to sever, reconsider and stay appeal no. 01-CV-1469, and the Clerk shall file the lodged motion. *** MORE ***
01/16/2002ORDER DENYING APLTS MISC PROCEDURAL MOTION to sever. *** MORE ***
01/16/2002APLTS' MISCELLANEOUS PROCEDURAL AMENDED MOTION to sever appeal no. 01-PR-1469, reconsider and grant the stay
01/16/2002ORDER DENY APPELLANT MOTION FOR RECONSIDERATION *** MORE ***
01/16/2002ORDER DENYING APPELLANT MOTION FOR STAY *** MORE ***
01/16/2002ORDER GRANT INTV MISCELLANEOUS PROCEDURAL MOTION for leave to file the lodged counter designation of record, and the Clerk shall file the lodged counter designation of record. (by: TEWSBE)
01/16/2002COUNTER DESIGNATION OF RECORD (intervenor)
02/27/2002COPY OF SUPERIOR COURT LETTER - dated 02/15/02
03/07/2002APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION- to sever and vacate judgmenet for want of jurisdiction over the res and refer to the United States District Court for the Eastern District of Virginia for dispostion ( pursuant to 28 USC 1452 (a)(b)(e))(Federal Bankruptcy Trustee)
03/07/2002RECEIVED - attachment volume excrpts from the record of Elliott V. Valentine, accounting hearing and excerpts from the probate record on appeal submitted in filings of 3/4/02
03/07/2002NOTICE RECEIVED- of substitution of parties and entry of appearance of special counsel and motion for leave to file a motion for partial removal of stay
03/07/2002MOTION(S) FEE PAID
03/14/2002TMC - Aplt's (Valentine) emergency motion to sever and vacate judgment w/attachments of excerpts - Aplt's (Venentine) notice of substitution of parties - Aple's opposition - Aplt's reply
03/19/2002APPELLEE'S OPPOSITION - aplt's motion for leave to filed (Dalaney Estates)
03/27/2002APPELLANT'S REPLY (Bankruptcy Trustee's) to the Delaney Est. oppo to the mot for leave to file a motion for partial relief from stay. (jmb)
04/10/2002ORDER DENYING APLE MISCELLANEOUS PROCEDURAL MOTION for leave to file without prejudice to renewal upon lifting of th ebankruptcy stay. *** MORE ***
04/10/2002ORDER DENYING APLT MISCELLANEOUS PROCEDURAL MOTION to sever and vacate without prejudice to renewal upon lifting of the bankruptcy stay. F/O that Special Counsel shall file documentation establishing the existence of the bankruptcy trustee and documentation that the trustee has elected to pursue this litigation. (by: FARZBE)
04/25/2002APPELLEE'S MISCELLANEOUS PROCEDURAL MOTION Delaney's Estate for an order vaction stay, convening a status conference and establising a briefing schedule
04/25/2002MOTION(S) FEE PAID
04/29/2002APPELLANT'S ANSWER/RESPONSE - to court order 4/10/02 Federal Bankruptcy Trustee filed by: Walter T. Charlton, Esq.
05/09/2002APPELLEE'S OPPOSITION - to bankruptcy trustee's renewal of motions filed by: William J. Bethune
05/24/2002RECEIVED - mot for transfer of cause to the USDC for E Dist of Va., bankruptcy division.
05/29/2002ORDER On consideration of motion of the Estate of Delaney for an order vacating stay, convening a status conference and establishing a briefing schedule, the bankruptcy trustee's response and request for reconsideration of this Court's April 10, 2002 order, the opposition of the estate and the reply thereto, and it appearing that on April 23, 2002, the United States Bankruptcy Court for the Eastern District of Virginia lifted the automatic stay in In re Edna J. Valentine, in case no. 01-60320-T, thereby allowing these consolidated appeals to proceed, it is ORDERED that the motions of the Estate of Delaney and the bankruptch trustee are granted to the extent that the stay entered in these consolidated appeals on December 5, 2001, is hereby vacated and these appeals shall hereby proceed. (FA, RZ, BE)
05/29/2002PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED
05/29/2002ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION for status conference and the status conference shall take place on Wednesday, June 12, 2002, at 2:00 p.m. in the Kelly Hearing Room, District of Columbia Court of Appeals, 500 Indiana Avenue, N.W., Washington, D.C. The parties shall be present in the hearing room no later than 1:45 p.m. It is FURTHER ORDERED that each party shall, no later than June 7, 2002, file a written statement specifically identifying each appeal, the parties to each specific appeal and the narrow issues presented by each appeal. Further, the parties shall identify any appeal that is to be dismissed, if any. It is FURTHER ORDERED that each party shall, no later than June 7, 2002, file a written statement that all necessary records have been filed in each appeal and if any party determines that any document or transcript necessary for these consolidated appeals has not been transmitted to this court, that party shall specifically identify the missing document or transcript and shall bring documentation that the missing transcript has been ordered, or the missing document has been designated for inclusion in the record. It is FURTHER ORDERED that the request for entry of a briefing order is hereby held in abeyance pending completion of the above scheduled status conference. (By FA, RZ, BE)
05/29/2002ORDER On consideration of the motion to schedule a status conference, it is ORDERED that the Honorable John W. Kern, III, Senior Judge of this court, is hereby designated to preside over the subject status conference. (AMW)
05/31/2002RECEIVED - order of notification of removal and granting injunction pursuant to 28 U.S.C.
06/07/2002APPELLANT'S ANSWER/RESPONSE to the 5/29/02, ord for each party to describe their appeal. (Elliott)
06/07/2002STATEMENT of status report by trustee/aplt.
06/07/2002APPELLANT'S ANSWER/RESPONSE Delaney Est. to 5/29/02 order and statement re consol appeals.
06/14/2002MISCELLANEOUS - praecipe of dismissal of 98PR374 & 00PR990
06/21/2002RECORD ON APPEAL (01PR1469)
06/26/2002ORDERED that the Clerk shall change the caption in the relevant appeals to reflect the substitution of Sherman B. Lubman for Edna Valentine. F/O that the Clerk shall change the caption in the relevant appeals to reflect the substitution of Christopher G. Hoge for Lawrence Elitt as the personal representative for the Estate of Delaney. F/O that appelas nos. 98-PR-374 and 00-PR-990 are hereby dismissed. F/O that briefing is directed as follows: 1) The consolidated brief of appellant in appeals nos. 98-PR-934, 98-PR-1104, 98-PR-1771, 99-PR-531, 99-PR-1392 & 99-PR-1619 shall be filed within 40 days from the date of this order, the briefs of appellees shall be filed within 30 days thereafter. The reply brief of appellant, if any, shall be filed 21 days thereafter. See D.C. App. R. 31. 2) The consolidated brief of appellants Lawrence Elliott and R. Eliot Rosen in appeals nos. 00-PR-71 & 00-PR-808 shall be filed within 40 days from the date of this order, the responsive brief of appellee in appeals nos. 00-PR-71 & 00-PR-808 and the opening brief of appellant in 00-PR-768 shall be filed within 30 days thereafter, and the responsive brief of appellees in 00-PR-768 shall be filed 21 days thereafter. See D.C. App. R. 31. 3) The brief of appellant in appeal no. 00-PR-873 shall be filed within 40 days from the date of this order, the responsive brief of appellee in appeal no. 00-PR-873 and opening brief of appellant in 00-PR-904 & 00-PR-905 shall be filed within 30 days thereafter, and the responsive briefs of appellees in 00-PR-904 & 00-PR-905 shall be filed 21 days thereafter. See D.C. App. R. 31. 4) The brief of appellant in appeal no. 01-PR-1469 shall be filed within 40 days from the date of this order, and the briefs of appellees shall be filed within 30 days thereafter. The reply brief of appellant, if any, shall be filed 21 days thereafter. See D.C. App. R. 31. No extensions of time will be considered absent extraordinary circumstances. F/O that each brief shall be accompanied by an appendix including all documents that the party deems necessary and relevant for the court to consider the issues raised in that brief. The documents in the appendix shall bear the court's received or filed stamp reflecting that the document was actually lodged or filed with the trial court during the pendency of the proceeding. F/O that the Clerk shall schedule these appeals for a special sitting. (by: FARZBE)
06/26/2002LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING
07/11/2002LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING (amended)
08/05/2002APPELLANT'S BRIEF w/appndix (00-PR-71, 00-PR-808) fld. by Jason P. Green
08/05/2002APPELLANT'S BRIEF & Appendix (98-PR-934, 98-PR-1771, 99-PR-531, 99-PR-1392, 99-PR-1619, 00-PR-768, 00-PR-904 & 00-PR-905) ee
08/05/2002APPELLANT'S BRIEF (00-PR-873) fld. by William J. Bethune
08/05/2002APPELLANT'S BRIEF w/appendix filed by: Walton T. Charton (Special Counsel for the Bankruptcy Trustee of the Estate of Estate of Edna J. Valentine and/or her Successors in Interst) 00pr768
08/06/2002RECEIVED - DelaneyEsate's Certificate of service on aplt's brief filed by: William J. Behtune
08/07/2002APLT MOTION FOR LV TO FILE AMENDED/CORRECTED BRIEF in 00-PR-905 no oppo
08/07/2002MOTION(S) FEE PAID
08/07/2002Appellant's Amended/Corrected Brief (Federal Bankruptcy Trustee)(Corrected/Amended) 98-PR-934, 98-PR-1104, 98-PR-1771, 99-PR-531, 99-PR-1392, 99-PR-1619, 00-PR-768, 00-PR-904 & 00-PR-905 & 97-PR-1469)
08/08/2002CERTIFICATE PER RULE 28
08/09/2002APPELLEE'S OPPOSITION - to aplt's motion for leave to file corrected brief filed by: William J. bethune
08/13/2002SUPPLEMENTAL RECORD #22 (146pgs/Tape) 11/3/98 proc.
08/14/2002APLE MOTION FOR LEAVE TO SUPPLEMENT THE RECORD Delaney Estate's
08/14/2002MOTION(S) FEE PAID
08/19/2002LETTER in reference to aplt's mot for leave to file coreected brief.
08/20/2002APPELLANT'S MOTION FOR STAY under new and changes facts. (Fed Bankruptcy Trustee)
08/20/2002MOTION(S) FEE PAID
08/22/2002TMC - Aplt's motion for stay (Valentine)
08/23/2002ORDER DENYING APPELLANT MOTION FOR STAY *** MORE ***
08/23/2002ORD GRT APLT MO FOR LV TO FL AMENDED/CORRECTED BRF and the Clerk shall file the corrected brief nunc pro tunc to August 7, 2002. The briefing order entered June 26, 2002, remains in effect and the brief of the appellee shall be due on or before September 9, 2002. *** MORE ***
08/23/2002ORD GRANT APLE MO FOR LV TO SUPPLEMENT THE RECORD filed by Mr. Hoge, the personal representative. (by: FARZBE)
09/04/2002APPELLEE'S BRIEF (00-PR-71, 00-PR-808, 00-PR-873, 01-PR-1469)fld. by Charlton
09/04/2002APPENDIX to aple's brief (Trustee)
09/05/2002MOTION FOR LEAVE TO INTERVENE Lawrence M. Elliott
09/05/2002MOTION(S) FEE PAID
09/05/2002RECEIVED - intervenor's brief.
09/09/2002APPELLEE'S BRIEF fld. by Bethune (00-PR-71 & 00-PR-808)
09/09/2002APPELLEE'S BRIEF filed by: William J. Bethune w/ appendix (98-PR-934, 98-PR-1104, 98-PR-1771 99-PR-531, 99-PR-1392 & 99-PR-1619)
09/13/2002NOTICE RECEIVED - that Atty Charlton will be representing the original defendant Edna J. Valentine, William D.C. and Raymond Valentine her children.
09/16/2002APPELLEE'S MISCELLANEOUS PROCEDURAL MOTION for leave to file amended table of authorities and rule 28 (A)(1) certificate consent filed by William Bethune, Esq.
09/16/2002MOTION(S) FEE PAID
09/18/2002LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING filed by: Walter T. Charlton, Esq.
09/23/2002LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING (Green)
09/25/2002APPELLANT'S REPLY BRIEF w/appendix (Elliott)
09/30/2002APPELLEE'S BRIEF w/appendix (Hoge)
09/30/2002APPELLANT'S REPLY BRIEF (Atty Walter T. Charlton)
09/30/2002BRIEFS COMPLETED
10/01/2002CALENDAR NOTICE SENT
10/08/2002APLT MOTION FOR LV TO FILE AMENDED/CORRECTED REPLY BRIEF (Walter T. Charlton)
10/08/2002RECEIVED - aplt's amended reply brief of FBT. w/appendix
10/08/2002MOTION(S) FEE PAID
11/01/2002APPELLEE'S MISCELLANEOUS PROCEDURAL MOTION Delany Estate for leave to file and substitute a corrected page 9 of aple's brief.
11/12/2002ORDER On consideration of the Delaney Estate's consemt motion for leave to file amended table of auth. and rule 28(A)(1) cert., and the motion of Lawrence M. Elliott to intervene and file a supporting brief, and the appellant Federal Bankruptcy Trustee Estate of Edna J. Valentine, consent motion for leave to file a corrected brief and a separate volume V of appellant's appendix, construed as a motion for leave to file an amended/corrected reply brief, and appellee Christopher G. Hoge, successor personal representative, Estate of Daniel B. Delaney's consent motion for leave to file and substitute a corrected page 9 of appellee's brief, it is Ordered that the consent motion for leave to file amended tables/certificates is granted and the Clerk is directed to file the lodged table of authorities and rule 28(A)(1) certificate. It is Further Ordered that the motion of Lawrence M. Elliott to intervene and to file supporting brief is denied. It is Further Ordered that appellant Federal Bankruptcy Trustee Estate of Edna J. Valentine consent motion for leave to file an amended/corrected reply brief is granted and the Clerk is directed to file the lodged amended reply brief with appendix. It is Further Ordered that appellee Christopher G. Hoge, Successor Personal Representative, Estate of Daniel B. Delaney's motion for leave to file and substitute a corrected page 9 of appellee's brief is granted and the Clerk is directed to file the lodged corrected page 9 of appellee's brief. (FA,WH,BE)
11/12/2002MISCELLANEOUS (Table of Authorities and Rule 28(A)(1) Certificate of appellee, Estate of Daniel Delaney)
11/12/2002APPELLANT'S REPLY BRIEF with appendix (of Federal Bankruptcy Trustee Estate of Edna J. Valentine) (amended reply brief)
11/12/2002MISCELLANEOUS (corrected page 9 of appellee's, Christopher G. Hoge, brief)
11/18/2002FiledACTION - Argued / Submitted
11/18/2002APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for substitution of counsel filed by: Walter Charlton
11/18/2002MOTION(S) FEE PAID
11/18/2002error
11/18/2002ARGUED (FA,WS,BE) Walter T. Charlton, Esq., for appellant. William J. Bethune, Esq., intv. appellee. Jason P. Green, Esq., for appellant.
11/20/2002RECEIVED -correction of references to record herein as stated in oral argument ( pursuant to leave to file granted at oral argument) filed by: Walter Charleston
11/21/2002MISCELLANEOUS - supp th the 11/18/02 oral argument, by Lawrence M. Elliott, wrongfully re- moved personal representative.
11/22/2002On consideration of appellant Sherman B. Lubman's motion for substitution of parties, it is ORDERED that the motion for substitution of parties is granted, and the clerk is directed to substitute Raymond Valentine and William D.C. Valentine for Sherman Lubman, Esq. (FA,WH,BE)
12/06/2002APPELLANT'S MOTION FOR STAY filed by:Attorney Walter Charlton
12/06/2002MOTION(S) FEE PAID
12/18/2002APPELLEE'S OPPOSITION - to Valentine's motion stayfiled by: William J. Behtune
12/18/2002RECEIVED- Delaney Estate's response tp Valentine's corrections of references to reocrd filed by: William J. Bethune
01/14/2003On consideration of the motion of appellants for stay of proceedings in the trial court and appellee's opposition thereto, it is ORDERED that the motion is denied. (FA,WH,BE)
01/17/2003APPELLANT'S MISCELLANEOUS SUBSTANTIVE MOTION for injunctive relief to prevent manifest injustice and immediate and irreparable harm and for reconsideration of denial of stay.
01/17/2003MOTION(S) FEE PAID
01/28/2003APPELLEE'S OPPOSITION - to motion for injunction and for reconsideration filed by: William J. Bethune
02/05/2003On consideration of the emergency motion of appellants for injuctive relief and for reconsideration of denial of stay, and appellee's opposition thereto, it is ORDERED that the motion is denied. (FA,WH,BE)
03/27/2003AFFIRMED Opinion (Affirmed in part and dismissed in part--see judgment for details)
04/04/2003APLT MO TO EXTEND TIME TO FILE PET FOR REH/REH EB until April 24, 2003 and exceed page limit
04/04/2003MOTION(S) FEE PAID
04/11/2003ORD GRT APLT MO TO EXT TM TO FL PET FOR REH/REH EB and to exceed page limit and the petition, not to exceed 15 pages, shall be filed on or before April 24, 2003. (JAT)
04/24/2003APPELLANT'S PETITION FOR REHEARING EN BANC
06/25/2003CHANGE OF ADDRESS RECEIVED of William Bethune Pepper Hamilton LLP 600 Foureeth Street, NW Washington, DC 20005-2004 202 220-1203
08/06/2003ORDER DENYING APLT PETITION FOR REHEARING EN BANC (WATESTSCFARZRDGLWH)
08/12/2003MANDATE ISSUED
11/14/2003NOTICE OF FILING A PETITION FOR WRIT OF CERTIORARI
01/22/2004NOTICE OF FILING A PETITION FOR WRIT OF CERTIORARI
12/02/2022FiledArchived