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Case Information: 05-CV-1537
Short Caption:EVA RUIZ, ET AL V. INDEPENDENCE MANAGEMENT OF DELAWARE, INC.Classification:Appeals - Civil - Landlord And Tenant
Lead:05-CV-1487Consolidated:05-CV-1488, 05-CV-1489, 05-CV-1490, 05-CV-1491, 05-CV-1492, 05-CV-1493, 05-CV-1494, 05-CV-1495, 05-CV-1496, 05-CV-1497, 05-CV-1498, 05-CV-1499, 05-CV-1536, 05-CV-1537, 05-CV-1538, 05-CV-1539, 06-CV-1150, 06-CV-1387
Superior Court or Agency Case Number:2004-LTB-043597Filed Date:11/22/2005
Opening Event Date:11/22/2005Case Status:Closed
Record Completed:02/02/2006Post-Decision Matter Pending:
Briefs Completed:05/17/2006
Argued/Submitted:05/07/2007
Disposition:Next Scheduled Action:
Mandate Issued:04/23/2009

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantEva Ruiz N
Jonathan K. TyckoYN
Steven A. SkaletNN
Kathleen R. HartnettNN
AppellantGilbert Garcia N
Jonathan K. TyckoNN
Steven A. SkaletNN
AppelleeIndependence Management of Delaware, IncorporatedN
Gregory T. DumontYY

Events
Event DateStatusDescriptionResultPDF
11/22/2005NOTICE OF APPEAL
01/10/2006ORDER, SUA SPONTE, CONSOLIDATING APPEALS and appeals nos. 05-CV-1487, 1488, 1498, 1490, 1491, 1492, 1493, 1494, 1495, 1496, 1497, 1498, 1499, 1536, 1537, 1538 and 05-CV-1539 are consolidated for all purposes. It is FURTHER ORDERED that a briefing order will be issued upon the filing in this court, by the Clerk of the Superior Court, of the record in accordance with D.C. App. R. 11 (a)(3)(A). (BY: GP)
02/02/2006RECORD INDEX 05CV1487
02/02/2006RECORD INDEX 05CV1488
02/02/2006RECORD INDEX 05CV1489
02/02/2006RECORD INDEX 05CV1490
02/02/2006RECORD INDEX 05CV1491
02/02/2006RECORD INDEX 05CV1492
02/02/2006RECORD INDEX 05CV1493
02/02/2006RECORD INDEX 05CV1494
02/02/2006RECORD INDEX 05CV1495
02/02/2006RECORD INDEX 05CV1496
02/02/2006RECORD INDEX 05CV1497
02/02/2006RECORD INDEX 05CV1498
02/02/2006RECORD INDEX 05CV1499
02/02/2006RECORD INDEX 05CV1536
02/02/2006RECORD INDEX 05CV1537
02/02/2006RECORD INDEX 05CV1538
02/02/2006RECORD INDEX 05CV1539
02/02/2006RECORD COMPLETED
02/09/2006 It appearing that the complete records on appeal have been filed with this court, it is ORDERED that appellants' 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 appellee's brief shall be filed within 30 days thereafter. See D.C. App. R. 31. (BY: GP)
03/20/2006APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 10 days. no oppo
03/23/2006 On consideration of appellant's consent motion for an extension of time within which to file the brief and the joint appendix, it is ORDERED that the motion is granted and appellant's brief and joint appendix shall be filed on or before March 31, 2006. (GP) elp
03/31/2006APPELLANT'S BRIEF
03/31/2006APPENDIX (Volume I and II)
04/04/2006AMICUS CURIAE MISCELLANEOUS PROCEDURAL MOTION of the Legal Aid Society for leave to file a brief as amicus curiae and for an extension of time within which to do so no oppo
04/11/2006 Upon consideration of the consent motion of the Legal Aid Society to participate as Amicus Curiae, and for an extension of time to file its brief, it is ORDERED that the motion of the Legal Aid Society is granted and the Clerk shall enter the appearance of the Legal Aid Society as Amicus Curiae on behalf of the appellant. It is FURTHER ORDERED that the Amicus Curiae's motion for an extension of time to file the brief is granted and the brief shall be filed on or before April 21, 2006, and the brief of appellee shall be filed within 30 days thereafter. (ETW) elp
04/21/2006AMICUS CURIAE'S BRIEF (Legal Aid Society, Bread for the City and Washington Legal Clinic for the Homeless as Amici curia e supporting aplt)
05/17/2006APPELLEE'S BRIEF
05/17/2006BRIEFS COMPLETED
05/18/2006RECEIVED - aple's amended certificate of service on brief filed on 5/17/06
06/12/2006APPELLANT'S REPLY BRIEF
06/28/2006FINAL SCREENING - REGULAR CALENDAR
07/18/2006CHANGE OF ADDRESS RECEIVED Steven A. Skalet Sandi Farrell 1250 Connecticut Ave., NW Suite 300 Washington, DC 20036 202 822-5100
08/29/2006NOTICE RECEIVED- from aplt's attorney letting court know that Kathleen hartnett is no longer with firm
11/28/2006LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING (Attorney Tycko)
11/29/2006LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING aplt
11/30/2006CALENDAR NOTICE SENT
12/22/2006APPELLANT'S MOTION TO CONSOLIDATE for oral argument with appeal nos. 06-CV-1150 & 06-CV-1387
01/03/2007APPELLEE'S OPPOSITION to aplt's mot to consolidate for oral argument.
01/12/2007ORDER On consideration of aplts' motion to consolidate appeal nos. 05-CV-1487+ and nos. 06-CV-1150+ for oral argument, and the opposition thereto, and it apprg that nos. 05-CV-1487+ are scheduled for consideration on the regular calendar of January 30, 2007, and it further apprg that there is an outstanding briefing order in nos. 06-CV-1150+, it is ORDERED on behalf of the merits division assigned to consider nos. 05-CV-1487+ that the motion to consolidate is granted, appeal nos. 05-CV-1487+ are hereby removed from the regular calendar of January 30, 2007, and nos. 06-CV- 1150+ are hereby consolidated for argument with them. The Clerk is directed to schedule the consolidated matter for argument before this division as a special sitting as soon as the calendar permits after completion of briefing in nos. 06-CV-1150+. It is FURTHER ORDERED that this court's order of December 7, 2006, establishing a briefing schedule for nos. 06-CV-1150+ remains in force. (GP)
01/16/2007 It appearing that this appeal is likely to be calendared for argument during the months of May 2007 through June 2007, it is ORDERED that counsel shall advise this court in writing by March 15, 2007 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
01/16/2007APPELLANT'S BRIEF (06-CV-1150/1387)
01/16/2007APPENDIX (Joint)
02/16/2007APPELLEE'S BRIEF (Independence Mgmt. of Delaware, L Street Bldg and Hong Ly Thai, HL Investments)
03/02/2007LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING aplt
03/09/2007APPELLANT'S REPLY BRIEF
03/30/2007CALENDAR NOTICE SENT
05/04/2007CERTIFICATE PER RULE 28
05/07/2007FiledACTION - Argued / Submitted
05/07/2007ARGUED before Judge Kramer, Fisher, Belson Jonathan K. Tycko, Esq. for Appellant Richard W. Luchs, Esq. for Appellee
05/09/2007ORDER - It is ORDERED sua sponte that the parties are directed to participate in mediation of this matter before the Honorable Warren R. King, Senior Judge of the D.C. Court of Appeals at a time and date to be determined by him after consultation with counsel. Should the parties desire to engage a private mediator for this purpose they should so advise the clerk of this court in writing by 5:00 p.m. on May 16, 2007. It is FURTHER ORDERED that counsel are required to have his/her party physically present at the mediation session. In the event that the client is a corporation, counsel must secure the presence of a representative that has full settlement authority. Additionally, if a non-party is necessary for resolution of the matter, e.g. insurance company, counsel must secure either the physical presence or availability by telephone of a representative that has full settlement authority. (KR,FI,BE)
05/22/2007ON MEDIATION
06/21/2007MEDIATION REPORT (no settlement)
04/16/2008error -- am not able to re-use!
06/26/2008CERTIFICATE PER RULE 28
03/26/2009VACATED IN PART/AFFIRMED IN PART Opinion (Kramer, Fisher, Belson) and Judgment affirming in part and vacating in part the judgments of the trial court and remanding the cause for further proceedings.
04/21/2009error
04/23/2009MANDATE ISSUED