Pheenix USH LLC v. District Department of Transportation, et al
| Pheenix USH LLC, doing business as Spin |
| District Department of Transportation, Sharon Kershbaum, in their official capacities, Karen Calmeise, in their official capacities, Ted Randell, in their official capacities, William Feeney, in their official capacities and Aaron Goldbeck, in their official capacities |
| 25-7060 |
| April 25, 2025 |
| U.S. Court of Appeals, D.C. Circuit |
| Other Statutes APA/Review Agency |
Docket Report
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| PER CURIAM ORDER [2131092] filed that the court will dispose of the appeal without oral argument on the basis of the record and presentations in the briefs pursuant to Fed. R. App. 34(a)(2); D.C.Cir.Rule 34(j). Before Judges: Henderson, Katsas and Edwards. [25-7060] [Entered: 08/20/2025 02:56 PM] |
| APPELLANT REPLY BRIEF [2128036] filed by Pheenix USH LLC [Service Date: 07/30/2025 ] Length of Brief: 6,498 words. [25-7060] (Klebanov, Michael) [Entered: 07/30/2025 06:56 PM] |
| APPELLEE FINAL BRIEF [2125014] filed by Karen Calmeise, District Department of Transportation, William Feeney, Aaron Goldbeck, Sharon Kershbaum and Ted Randell [Service Date: 07/11/2025 ] Length of Brief: 12,994 words. [25-7060] (Johnson, Holly) [Entered: 07/11/2025 04:08 PM] |
| CLERK'S ORDER [2123355] filed scheduling oral argument on Thursday, 09/18/2025. [25-7060] [Entered: 07/01/2025 06:12 PM] |
| JOINT APPENDIX [2121037] filed by Pheenix USH LLC [Volumes: 1] [Service Date: 06/16/2025 ] [25-7060] (Klebanov, Michael) [Entered: 06/16/2025 08:38 PM] |
| SEPARATE STATUTORY ADDENDUM [2121036] to Appellant/Petitioner brief [ # 2121035-2 ] filed by Pheenix USH LLC [Service Date:06/16/2025 ] [25-7060] (Klebanov, Michael) [Entered: 06/16/2025 08:36 PM] |
| APPELLANT BRIEF [2121035] filed by Pheenix USH LLC [Service Date: 06/16/2025 ] Length of Brief: 12,998 words. [25-7060] (Klebanov, Michael) [Entered: 06/16/2025 08:35 PM] |
| CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [2117579] filed by Karen Calmeise, District Department of Transportation, William Feeney, Aaron Goldbeck, Sharon Kershbaum and Ted Randell [Service Date: 05/27/2025 ] [25-7060] (Johnson, Holly) [Entered: 05/27/2025 03:21 PM] |
| UNDERLYING DECISION IN CASE [2117570] submitted by Pheenix USH LLC [Service Date: 05/27/2025 ] [25-7060] (Klebanov, Michael) [Entered: 05/27/2025 03:11 PM] |
| STATEMENT OF ISSUES [2117569] filed by Pheenix USH LLC [Service Date: 05/27/2025 ] [25-7060] (Klebanov, Michael) [Entered: 05/27/2025 03:10 PM] |
| CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [2117566] filed by Pheenix USH LLC [Service Date: 05/27/2025 ] [25-7060] (Klebanov, Michael) [Entered: 05/27/2025 03:09 PM] |
| DOCKETING STATEMENT [2117564] filed by Pheenix USH LLC [Service Date: 05/27/2025 ] [25-7060] (Klebanov, Michael) [Entered: 05/27/2025 03:06 PM] |
| CLERK'S ORDER [2117289] filed, on the court's own motion, that the May 23, 2025 order be amended to reflect the following corrected briefing deadlines [ # 2117255-3 ]: APPELLANT Brief due 06/16/2025. APPENDIX due 06/16/2025. APPELLEE Brief due on 07/11/2025. APPELLANT Reply Brief due 07/30/2025. The Clerk is directed to calendar this case for oral argument on the first appropriate date. The parties will be informed later of the date of oral argument and the composition of the Merits Panel. [25-7060] [Entered: 05/23/2025 02:56 PM] |
| [AMENDED BY CLERK'S ORDER ON 5/23/25] CLERK'S ORDER [2117255] filed considering motion to expedite case [ # 2116582-2 ]; considering motion to expedite ruling [ # 2116582-3 ]; considering motion to expedite oral argument [ # 2116582-4 ], setting briefing schedule: APPELLANT Brief due 07/16/2025. APPENDIX due 07/16/2025. APPELLEE Brief due on 07/11/2025. APPELLANT Reply Brief due 07/30/2025. The Clerk is directed to calendar this case for oral argument on the first appropriate date. The parties will be informed later of the date of oral argument and the composition of the Merits Panel. [25-7060]--[Edited 05/23/2025 by MCM] [Entered: 05/23/2025 01:03 PM] |
| ENTRY OF APPEARANCE [2116667] filed by Holly M. Johnson and co-counsel Graham E. Phillips, Ashwin P. Phatak on behalf of Appellees Karen Calmeise, District Department of Transportation, William Feeney, Aaron Goldbeck, Sharon Kershbaum and Ted Randell. [25-7060] (Johnson, Holly) [Entered: 05/20/2025 04:39 PM] |
| CONSENT MOTION [2116582] to expedite case, to expedite ruling on., to expedite oral argument filed by Pheenix USH LLC (Service Date: 05/20/2025 by CM/ECF NDA) Length Certification: 854 words. [25-7060] (Klebanov, Michael) [Entered: 05/20/2025 11:06 AM] |
| PER CURIAM ORDER [2116086] filed ORDERED that the administrative injunction entered on April 27, 2025, be dissolved. It is FURTHER ORDERED that the motion for an injunction pending appeal [ # 2113076-2 ] be denied. Before Judges: Henderson, Wilkins and Childs. [25-7060] [Entered: 05/15/2025 05:48 PM] |
| REPLY [2115496] filed by Pheenix USH LLC to response [ # 2114399-2 ] [Service Date: 05/12/2025 by CM/ECF NDA] Length Certification: 2,591 words. [25-7060] (Klebanov, Michael) [Entered: 05/12/2025 07:04 PM] |
| TRANSCRIPT STATUS REPORT [2115181] filed by Pheenix USH LLC [Service Date: 05/09/2025 ]. Status of Transcripts: transcripts needed for the appeal have been ordered, but not all transcripts have been received. Next APPELLANT transcript status report due 06/09/2025. [25-7060] (Klebanov, Michael) [Entered: 05/09/2025 02:16 PM] |
| RESPONSE IN OPPOSITION [2114399] to motion [ # 2113076-2 ], motion [ # 2113076-3 ] filed by Karen Calmeise, District Department of Transportation, William Feeney, Aaron Goldbeck, Sharon Kershbaum and Ted Randell [Service Date: 05/05/2025 by CM/ECF NDA] Length Certification: 5199 words. [25-7060] (Johnson, Holly) [Entered: 05/05/2025 05:07 PM] |
| ENTRY OF APPEARANCE [2113169] filed by Michael Klebanov and co-counsel Joseph S. Diedrich and Daniel G. Solomon on behalf of Appellant Pheenix USH LLC. [25-7060] (Klebanov, Michael) [Entered: 04/28/2025 12:07 PM] |
| PER CURIAM ORDER [2113092] filed directing appellees respond to the emergency motion for an injunction pending appeal by Monday, May 5, 2025. Any reply is due by Monday, May 12, 2025. Before Judges: Pillard, Katsas and Rao. [25-7060] [Entered: 04/27/2025 09:15 PM] |
| NOTICE OF APPEAL [2112991] seeking review of a decision by the U.S. District Court in 1:25-cv-00922-JMC filed by Pheenix USH LLC. Appeal assigned USCA Case Number: 25-7060. [25-7060] [Entered: 04/25/2025 03:04 PM] |
| APPENDIX [2113077] filed by Pheenix USH LLC [Volumes: 1] [Service Date: 04/25/2025 ] [25-7060] (Klebanov, Michael) [Entered: 04/25/2025 11:45 PM] |
| EMERGENCY MOTION [2113076] for injunction, to stay underlying order pending appeal filed by Pheenix USH LLC (Service Date: 04/25/2025 by CM/ECF NDA) Length Certification: 5,195 words. [25-7060] (Klebanov, Michael) [Entered: 04/25/2025 11:40 PM] |
| CLERK'S ORDER [2112994] filed directing the parties to file initial submissions: APPELLANT docketing statement due 05/27/2025. APPELLANT certificate as to parties due 05/27/2025. APPELLANT statement of issues due 05/27/2025. APPELLANT underlying decision due 05/27/2025. APPELLANT deferred appendix statement due 05/27/2025. APPELLANT entry of appearance due 05/27/2025. APPELLANT transcript status report due 05/27/2025. APPELLANT procedural motions due 05/27/2025. APPELLANT dispositive motions due 06/09/2025. APPELLEE certificate as to parties due 05/27/2025. APPELLEE entry of appearance due 05/27/2025. APPELLEE procedural motions due 05/27/2025. APPELLEE dispositive motions due 06/09/2025. [25-7060] [Entered: 04/25/2025 03:05 PM] |
| PRIVATE CIVIL CASE docketed. [25-7060] [Entered: 04/25/2025 03:03 PM] |
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