UPDATE: (as of 4 January 2011)
The City failed to file its opening brief by the due date of 27 December 2010. The Court grants appellants a 15-day grace period; the City must file its opening brief by Thursday, 13 January 2011.
Date 12/29/2010
Description Appellant notified re failure to timely file opening brief.
Notes Defendant and Appellant: City of Carmel-by-the-Sea
Attorney: Richard Harray
Description Appeal dismissed for failure to file opening brief.
Due Date 01/13/2011
ABSTRACT: In late March 2010, attorney Richard Harray stated that the City would appeal Judge Kay Kingsley’s decision in Flanders Foundation v. City of Carmel-by-the-Sea, et al. (M99437) to the Sixth District Court of Appeal. Furthermore, it was reported that Harray stated “he doesn’t plan to wait” the full 60 days to file an appeal. However, the City failed to submit proposal or a briefing sequence within the time provided by rule 8.216(a)(1), California Rules of Court and Harray later requested an “extension of time” on 20 October 2010. Accordingly, the Court assigned Defendant and Appellant City of Carmel-by-the-Sea a new date of 27 December 2010 for the filing of appellant’s appendix and opening brief. Information, including selected excerpts, from the California Court of Appeal web site is provided.
CALIFORNIA APPELLATE COURTS
SIXTH DISTRICT COURT OF APPEAL
Docket (Register of Actions)
The Flanders Foundation v. City of Carmel-by-the-Sea, et al.
Case Number H035818
Date: 07/16/2010
Description: Notice of appeal lodged/received.
Notes: City of Carmel-by-the-Sea, et al., filed 07/07/10
Date: 08/20/2010
Notes: Briefing sequence order filed. The parties having failed to submit proposals for a briefing sequence within the time provided by rule 8.216(a)(1), California Rules of Court, the court orders the following: Appellant City of Carmel-by-the-Sea shall file an opening brief within 40 days of filing of the record on appeal. Appellant The Flanders Foundation shall file a combined respondent's and opening brief pursuant to rule 8.216(b) within 30 days of filing of appellant's opening brief. Appellant City of Carmel-by-the-Sea, et al. shall file a combined reply and respondent's brief pursuant to rule 8.216(b) within 30 days after filing of the combined respondent's and opening brief. Appellant The Flanders Foundation may file a reply brief 20 days thereafter.
Date: 10/20/2010
Notes: Stipulation of extension of time filed to:
Future Scheduled Actions
Description: Appellant's appendix and opening brief filed.
Due Date: 12/27/2010
ADDENDUM:
Case Summary
Trial Court Case: M99437
Court of Appeal Case: H035818
Division:
Case Caption: The Flanders Foundation v. City of Carmel-by-the-Sea, et al.
Case Type: CV
Filing Date: 07/07/2010
E-mail Notification 6th Appellate District
2 comments:
The stall tactics of the City-on this and other pressing issues, from the city administrator scandal to pension reform-is disheartening, to say the least.
We can all march in a community pet parade, revel in the twinkling LED Christmas lights on Ocean Avenue, and deliberate for hours on wood windows and metal roofs, but when it comes to making tough choices and leading Carmel forward, we are stuck in neutral.
Where are the innovative, creative, and progressive Carmelites that would call their City government to task for a series of embarrassing and costly mistakes?
Why are they silent?
Fire Rich is right. Carmelites over examine the trivial and ignore the important matters.
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