Submitted October 5, 2016
from the Superior Court of the District of Columbia
(CAB-1618-11) (Hon. Erik P. Christian, Trial Judge)
M. Clark was on the brief for appellant.
Wright Arnold, of the bar of the State of Maryland, pro hac
vice, by special leave of court, and Adonna Bannister Green
were on the brief for appellee.
Glickman, Easterly, and McLeese, Associate Judges.
case was submitted to the court on the transcript of record
and the briefs filed, and without presentation of oral
argument. On consideration whereof, and for the reasons set
forth in the opinion filed this date, it is now hereby
and ADJUDGED that appellant was entitled to an extension of
time, as a matter of law. Accordingly, the Clerk of this
court is directed to issue a briefing order, so that the
appeal may be considered on the merits.
McLeese, Associate Judge
Mark Hawkins seeks review of an order denying his motion for
an extension of time within which to note an appeal from an
order granting summary judgment to appellee Howard University
Hospital. We conclude as a matter of law that Mr. Hawkins was
entitled to an extension of time.
Hawkins filed a complaint against Howard alleging unlawful
harassment and discrimination. After the trial court granted
summary judgment against Mr. Hawkins on September 9, 2013,
Mr. Hawkins filed a timely motion for relief from judgment,
pursuant to Super. Ct. Civ. R. 59 (e). Mr. Hawkins also filed
a notice of appeal on October 9, 2013, within the time
ordinarily required by D.C. App. R. 4 (a)(1). Because a
timely motion for relief from judgment was pending in the
trial court, this court issued an order requiring Mr. Hawkins
to show cause why the appeal should not be dismissed as
prematurely filed. In December 2013, having received no
response, a motions division of this court issued an
unpublished order dismissing Mr. Hawkins's appeal as
having been prematurely filed. Counsel for Mr. Hawkins
represented in the trial court that she did not receive
notice of the order to show cause or of the dismissal of his
trial court issued an order on March 24, 2015, denying Mr.
Hawkins's motion for relief from judgment. Counsel for
Mr. Hawkins represented in the trial court that her staff
contacted this court shortly thereafter and was assured that
the 2013 notice of appeal had been filed. Counsel for Mr.
Hawkins further alleges that after contacting this court on
May 19, 2015, to inquire about the status of the appeal, she
learned that this court had dismissed the appeal in December
2013. On May 22, 2015, Mr. Hawkins filed a motion in the
Superior Court for an extension of time to file a notice of
appeal under D.C. App. R. 4 (a)(5)(A), ...