Docket Date |
2018-06-08
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Type |
Misc. Events
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Subtype |
West Publishing
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Description |
West Publishing
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Docket Date |
2018-06-08
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Type |
Mandate
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Subtype |
Mandate
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Description |
Mandate
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Docket Date |
2018-05-23
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Type |
Disposition by Opinion
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Subtype |
Affirmed
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Description |
Affirmed - Citation
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Docket Date |
2018-05-16
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Type |
Brief
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Subtype |
Answer Brief
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Description |
Appellee's Answer Brief
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Docket Date |
2018-05-07
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Type |
Brief
|
Subtype |
Amended Initial Brief
|
Description |
Amended Appellant's Initial Brief
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Docket Date |
2018-05-02
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Type |
Order
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Subtype |
Order on Motion For Leave To File Amended Brief
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Description |
Grant Motion Serve Amended Brief ~ ORDERED that appellant's May 1, 2018 motion to strike is granted, and the April 26, 2018 initial brief is stricken from the docket. The request for dismissal in the motion to strike is denied. Appellant's May 2, 2018 motion for leave to file an amended initial brief is granted. Appellant shall file the amended initial brief by May 7, 2018. Failure to file the amended brief within five (5) days WILL RESULT IN DISMISSAL. The court notes that appellant has received several extensions of time already. No motions or other filings will toll the time to file the amended initial brief.
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Docket Date |
2018-05-02
|
Type |
Motions Relating to Briefs
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Subtype |
Motion to Amend Brief
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Description |
Motion For Leave To File Amended Brief
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Docket Date |
2018-05-01
|
Type |
Motions Other
|
Subtype |
Motion To Strike
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Description |
Motion To Strike ~ *AND* TO DISMISS APPEAL.
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Docket Date |
2018-04-26
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Type |
Brief
|
Subtype |
Initial Brief
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Description |
Initial Brief on Merits ~ **STRICKEN**
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Docket Date |
2018-03-27
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORD-Initial Brief to be Served ~ ORDERED that appellant's March 16, 2018 motion for extension of time is granted, and appellant shall serve the initial brief within thirty (30) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant.
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Docket Date |
2018-03-16
|
Type |
Motions Extensions
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Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
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|
Docket Date |
2018-02-13
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's February 2, 2018 motion for extension of time, included in the response to order to show cause, is granted, and appellant shall serve the initial brief within thirty (30) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions. Further ORDERED that this court's January 24, 2018 order to show cause is discharged. However, appellant is reminded that compliance with court orders and deadlines is required. This court has issued numerous orders to show cause in this case. Appellant must seek any extensions of time BEFORE the deadline expires, and should not wait for the court to issue orders to show cause. Further noncompliance may result in sanctions.
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Docket Date |
2018-02-09
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that the appellant's February 8, 2018 reply is stricken as unauthorized.
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Docket Date |
2018-02-08
|
Type |
Response
|
Subtype |
Reply to Response
|
Description |
Reply to Response ~ **STRICKEN**
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Docket Date |
2018-02-06
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Type |
Response
|
Subtype |
Reply
|
Description |
Reply ~ (OBJECTION FOR EOT)
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Docket Date |
2018-02-02
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Order to Show Cause
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Docket Date |
2018-01-24
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED**ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before February 2, 2018, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
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Docket Date |
2017-12-14
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Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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Description |
Order Granting EOT for Initial Brief ~ ORDERED that this court's December 1, 2017 order is discharged; further,ORDERED that appellant's December 11, 2017 motion for extension of time is granted, and appellant shall serve the initial brief within thirty (30) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
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Docket Date |
2017-12-11
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Type |
Response
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Subtype |
Response
|
Description |
Response ~ *AND* REQUEST FOR EOT.
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Docket Date |
2017-12-01
|
Type |
Order
|
Subtype |
Show Cause
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Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED**ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before December 11, 2017, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
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Docket Date |
2017-10-20
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Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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Description |
Order Granting EOT for Initial Brief ~ Upon consideration of appellant's October 9, 2017 response to this court's September 28, 2017 order to show cause, as well as appellant's October 16, 2017 response to this court's October 6, 2017 order to show cause, appellant is advised that the record on appeal was filed with this court on October 6, 2017, and the exhibits were filed with this court on October 16, 2017. Both the record and the exhibits are accessible to appellant through eDCA, this court's electronic docketing system, and appellant can access them electronically to draft his initial brief. Further ORDERED that appellant shall file his initial brief within thirty (30) days from the date of this order. Further ORDERED that the September 28, 2017 and October 6, 2016 orders to show cause are discharged.
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Docket Date |
2017-10-16
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Type |
Record
|
Subtype |
Exhibits
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Description |
Received Exhibits
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Docket Date |
2017-10-16
|
Type |
Response
|
Subtype |
Response
|
Description |
Response
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Docket Date |
2017-10-09
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Type |
Response
|
Subtype |
Response
|
Description |
Response
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Docket Date |
2017-10-06
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED**ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before October 16, 2017, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
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Docket Date |
2017-10-06
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Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ (1794 PAGES)
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Docket Date |
2017-09-28
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Record-on-Appeal ~ **DISCHARGED**ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before October 9, 2017, why the above-styled case should not be dismissed for lack of timely prosecution, in that the record-on-appeal has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the record-on-appeal is filed within this time, the order to show cause will be considered automatically discharged without further order.
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Docket Date |
2017-07-20
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
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Docket Date |
2017-07-19
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
WV:Waived
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Docket Date |
2017-07-19
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
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On Behalf Of |
STEPHEN SMITH (DNU)
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