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Case Information: 18-AA-0500
Short Caption:JAMES FOURNIER, ET AL V. D.C. OFFICE OF PLANNING, HISTORIC PRESERVATION OFFICEClassification:Agency - Administrative Agency - Historic Preservation
Lead:18-AA-0500Consolidated:18-AA-0501
Superior Court or Agency Case Number:HPA393-14, HPA133-15Filed Date:05/07/2018

Opening Event Date:05/07/2018Case Status:In Briefing
Record Completed:03/12/2019Post-Decision Matter Pending:
Briefs Completed:
Argued/Submitted:
Disposition:Next Scheduled Action:Review Filings/Statements/Pleadings
Mandate Issued:

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
IntervenorOffice of the Deputy Mayor for Planning and Economic DevelopmentN
James C. McKay, Jr.NY
Intervenor-RespondentVision McMillan Partners, LLCN
Mary Carolyn BrownNY
Philip T. EvansNY
PetitionerDaniel Goldon WolkoffNPro SeY
PetitionerJames FournierNPro SeN
PetitionerLinwood NormanNPro SeN
PetitionerJerome PeloquinNPro SeN
RespondentD.C. Office of Planning, Historic Preservation Office, Mayor's Agent For Historic PreservationN
Loren L. AliKhanNY
Richard S. LoveNY

Events
Event DateStatusDescriptionResult
05/07/2018FiledPetition For Review
05/07/2018FiledFiling Fee Paid
05/14/2018FiledService Of Petition On Agency/Bd
05/22/2018FiledNotice Of Intent To Intervene (Intervenor-Respondent)
05/22/2018FiledAppearance by Philips T. Evans Esq. (Intervenor-Respondent)
05/23/2018FiledNotice Of Intent To Intervene (Office of the Deputy Mayor for Planning and Economic Development) (Intervenor)
05/24/2018FiledOrder Sua Sponte Consolidating Appeals 18-AA-500 & 18-AA-501
05/24/2018FiledOrder directing petitioners to submit a complete copy of 4/5/18 opinion within 10 days from the date of this order
06/04/2018FiledResponse to court's order of 5/24/18 (Petitioner Fournier, Petitioner Norman, Petitioner Peloquin, Petitioner Wolkoff)
06/11/2018FiledInitial Order - Directing Administrative Record
11/30/2018FiledMotion to hold appeals in abeyance and Opposition to motion to consolidate (Intervenor-Respondent Vision McMillan Partners, LLC)Denied Without Prejudice
11/30/2018FiledMotion to hold appeals in abeyance and Opposition to motion to consolidate (Intervenor Office of the Deputy Mayor for Planning and Economic Development)Denied Without Prejudice
12/12/2018FiledOpposition to intervenor's motion for abeyance & petitioners' reply in support of petitioners' motion for consolation (Petitioner Fournier)
01/03/2019FiledOrder Denying Motion to hold appeals in abeyance and Opposition to motion to consolidate (Intervenor Office of the Deputy Mayor for Planning and Economic Development) & Motion to hold appeals in abeyance and Opposition to motion to consolidate (Intervenor-Respondent Vision McMillan Partners, LLC)
03/12/2019FiledORDER DENYING, petitioners' motion to the extent it requests a stay of (18AA1146) and petitioners' briefs & appendix shall be filed within 30 days... F/O DENYING petitioners' motion to the extent it requests expediting nos. (18AA500 & 18AA501). F/O DIRECTING the Clerk to transfer a copy of the administrative record filed in (18AA357) to (18AA500 & 18AA501)? F/O DIRECTING petitioners to file the briefs & appendix in (18AA500 & 18AA501) within 40 days....
03/12/2019FiledRecord Copies
03/12/2019FiledRecord Completed
04/23/2019FiledMotion For Summary Reversal and request to remand case back to the agency for sufficient administrative fact finding dated April 22, 2019 (Petitioner Otten)Denied
04/23/2019FiledTMC
05/01/2019FiledOpposition to petitioner Chris Otten's motion for summary reversal and remand and Motion to dismiss with prejudice (Intervenor-Respondent Vision McMillan Partners, LLC)
05/02/2019FiledMotion For Leave to File amend Intevenor's Opposition to Petitioner Chris Otten's Motion for Summary Reversal and Remand and Motion to Dismiss with Prejudice (Intervenor-Respondent Vision McMillan Partners, LLC)Granted
05/03/2019FiledOpposition to petitioner's motion for summary reversal (Intervenor Office of the Deputy Mayor for Planning and Economic Development, Respondent D.C. Office of Planning, Historic Preservation Office, Mayor's Agent For Historic Preservation)
05/06/2019FiledReply in Support of Petitioner's Motion for Summary Reversal and Response in Opposition to Intervenor's Motion to Dismiss (Petitioner Otten)
05/21/2019FiledAmended Intevenor's Opposition to Petitioner Chris Otten's Motion for Summary Reversal and Remand and Motion to Dismiss with Prejudice (Intervenor-Respondent Vision McMillan Partners, LLC)
05/21/2019FiledORDER GRANTING intervenor (Vision McMillan Partners) motion to file the lodged amended opposition... F/O DENYING petitioner (Otten) motion for summary reversal... F/O DIRECTING pro se petitioners to file their briefs and joint appendix within 30 days...
06/24/2019FiledMotion For Extension Of Time to File Brief, Appendix (Petitioner Wolkoff)Granted
06/27/2019FiledMotion To Dismiss Appeal and opposition to petitioner's motion for extension of time (Intervenor Office of the Deputy Mayor for Planning and Economic Development)Held in Abeyance
06/27/2019FiledOpposition to motion for extension of time to file brief (Intervenor-Respondent Vision McMillan Partners, LLC)
06/28/2019FiledOpposition to petitioner's motion for extension of time to file brief (Respondent D.C. Office of Planning, Historic Preservation Office, Mayor's Agent For Historic Preservation)
07/03/2019FiledReply in support of petitioner's motion for an extension of time to file brief in case 18-AA-500, 501 and case number 18-AA-1146 (Petitioner Otten)
07/10/2019FiledOpposition to intervenor's motion to dismiss (Petitioner Peloquin)
07/15/2019FiledReply of intervenor in support of it's motion to dismiss (Intervenor Office of the Deputy Mayor for Planning and Economic Development)
07/15/2019FiledReply in support of petitioner Peloquin's 7/10/19 response in opposition to intervenor, DMPED's motion to dismiss the petitions for review dated, 6/27/19 (Petitioner Otten)
07/18/2019FiledReply in support of pre se petitioner Peloquin's, July 10, 2019, response in opposition to intervenor, DMPED's motion to dismiss the petitions for review dated, June 27, 2019 (Petitioner Norman)
07/22/2019FiledMotion For Leave to File reply in support of pro se Peloquin's opposition to intervenor's motion to dismiss (Petitioner Wolkoff)Granted
08/26/2019FiledReply in support of pro se petitioner Jerome Peloquin's opposition to intervenor's motion for dismissal dated 6/27/19 (Petitioner Wolkoff)
08/26/2019FiledORDER GRANTING Wolkoff's motion for leave to file the lodged opposition to the motion to dismiss... F/O HOLDING IN ABEYANCE the motion to dismiss... F/O GRANTING petitioner's (Wolkoff's) motion to extend time to file the brief to the extent that petitioner's brief and appendix shall be filed within 30 days...
08/30/2019FiledMotion To Stay Appeal (Petitioner Wolkoff)Denied
08/30/2019FiledTMC
09/06/2019FiledOpposition to motion to stay (Respondent D.C. Office of Planning, Historic Preservation Office, Mayor's Agent For Historic Preservation)
09/06/2019FiledOpposition to motion to stay (Intervenor Office of the Deputy Mayor for Planning and Economic Development)
09/09/2019FiledOpposition to motion to stay (Intervenor-Respondent Vision McMillan Partners, LLC)
09/16/2019FiledReply to the opposition to the joint emergency motion for stay (Otten and Wolkoff) (Petitioner Otten)
09/16/2019FiledReply in support of Wolkoff's joint emergency motion for injunction dated 8/30/19 to stope the demolition of the nationally land marked McMillan Park and sand filtration plant (Petitioner Norman)
09/19/2019FiledOrder Denying pro se Wolkoff's motion for injunctive relief FO Petitioners' consolidated brief and joint appendix remains due to be filed on September 25, 2019. FO that the motion to dismiss is held in abeyance
09/26/2019FiledMotion For Leave to File brief Brief (All petitioners)Granted
09/26/2019FiledJoint Motion For Leave to File Appendix (All Petitioners)Granted
10/01/2019FiledOrder Granting Motion For Leave to File brief Brief & Joint Motion For Leave to File Appendix (All Petitioners)
10/01/2019FiledBrief (All Petitioners )
10/01/2019FiledJoint Appendix (All Petitioners )
10/18/2019FiledMotion To Dismiss Appeal for lack of jurisdiction or, in the alternative, for summary affirmance (Intervenor Office of the Deputy Mayor for Planning and Economic Development)
10/18/2019FiledAttachment (Joint Supplemental Appendix) to Motion To Dismiss Appeal for lack of jurisdiction or, in the alternative, for summary affirmance (Intervenor Office of the Deputy Mayor for Planning and Economic Development)
10/18/2019FiledMotion For Summary Affirmance (Intervenor-Respondent Vision McMillan Partners, LLC)
10/21/2019FiledTMC
10/21/2019FiledMemorandum/Statement In Lieu Of Brief (Respondent D.C. Office of Planning, Historic Preservation Office, Mayor's Agent For Historic Preservation)
10/25/2019FiledMotion For Extension Of Time to File Response to Motion for Summary Affirmance (Petitioner Wolkoff)Granted
10/29/2019FiledORDER GRANTING petitioner's motion for extension of time to file a response to the motions for summary affirmance no later than November 12, 2019
11/12/2019FiledMotion For Extension Of Time to File response to the respondent's DMPED and Intervernor, VMP,LLC motion for summary affirmance (Petitioner Wolkoff)
11/18/2019FiledMotion For Leave for the court to accept as late pro-se petitioner's joint response to respondent, Deputy Mayor's Office for Planning and Economic Development, and intervenor, Vision McMillan Partners, LLC, motion for summary affirmance dated 10/18/19, and petitioner's cross motion for summary reversal (Petitioner Wolkoff)
11/19/2019FiledMotion For Extension Of Time to File a response (Petitioner Wolkoff)
11/22/2019FiledMotion For Extension Of Time to File Response (Petitioner Wolkoff)
11/27/2019FiledMotion For Leave to File petitioner's joint late response to intervenor, Deputy Mayor's Office for Planning and Economic Development, and intervenor, Vision McMillan Partners, LLC motion for summary affirmance dated 10/18/19 and petitioner's cross-motion for summary reversal (Petitioner Wolkoff)
11/27/2019LodgedResponse to intervenor, Deputy Mayor's Office for Planning and Economic Development, and intervenor, Vision McMillan Partners, LLC motion for summary affirmance dated 10/18/19 and petitioner's cross-motion for summary reversal (Petitioner Wolkoff)
12/03/2019FiledReply to opposition to motion to dismiss or, in the alternative, for summary affirmance and opposition to motion for summary reversal (Intervenor Office of the Deputy Mayor for Planning and Economic Development)
12/03/2019FiledReply to opposition to motion to dismiss or, in the alternative, for summary affirmance and opposition to motion for summary reversal (Intervenor-Respondent Vision McMillan Partners, LLC)
12/06/2019FiledMotion For Extension Of Time to File a reply to responses to cross-motion for summary reversal (Petitioner Wolkoff)
12/17/2019LodgedJoint Reply in support of petitioner's cross-motion for summary reversal (Petitioner Otten)
12/18/2019FiledMotion For Leave to accept as late petitioner's reply in support of petitioners response (Petitioner Otten)
12/20/2019FiledOpposition to petitioners' motion to late file reply AND Alternatively motion to partially strike reply (Intervenor Office of the Deputy Mayor for Planning and Economic Development)
12/31/2019LodgedOpposition to intervenor's motion to strike joint pro-se reply in support of summary reversal (Petitioner Peloquin)
01/03/2020LodgedReply to the opposition to motion to strike joint pro-se reply in support of motion for summary reversal (Petitioner Otten)