IN THE
DISTRICT OF COLUMBIA COURT OF APPEALS

No. 86-678

WILLIAM THOMAS, et al
Appellants,

v.

WASHINGTON TIMES, INC.,
Appellee.

On appeal from the Superior Court (Civil Division)

DISTRICT OF COLUMBIA
COURT OF APPEALS
FILED APR 17, 1987
A NEUMAN
Clerk

MOTION FOR LEAVE TO FILE A PETITION FOR REHEARING AND/OR REHEARING EN BANG, AND, IN THE ALTERNATIVE, MOTION FOR STAY OF THE MANDATE PENDING APPELLANTS' APPLICATION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF THE UNITED STATES

W. Edward Morgan
Bar No.: 280800
Supervising Attorney

Timothy Gresback
L.S. No.: 4712
Student Counsel for Appellants
Antioch School of Law
2633 16th Street, N.W.
Washington, D.C. 20009
(202) 265-9500

Come now appellants, through counsel, and respectfully request the Court to grant leave to file a Petition For Rehearing And/Or Rehearing En Banc. In support of this motion appellants state the following:

This case was argued before the division on January 28, 1987.

2. On February 18, 1987, the case was affirmed in an unpublished Memorandum Opinion and order.

3. On February 24, 1987, appellants filed a Motion To Stay The Mandate And Reargue The Case, contending that appellants' constitutional right of access to the court had been violated by the trial court's dismissal of the indigents' pro se complaint and that such argument was not developed in the trial court - nor at oral argument in this case - due to appellants' pro se status.

4. On March 3, 1987, appellants filed a Motion To Stay The Schedule For Petition For Rehearing And/Or Rehearing En Banc in order to preserve the right to petition for rehearing or rehearing en bane.

5. On March 9, 1987, appellee filed a Motion To Strike.

6. In a per curiam order dated April 8, 1987, which student counsel received on April 13, 1987, the Court denied all of the aforementioned motions.

7. District of Columbia Appellate Rule 40(a) provides that a "petition for rehearing or rehearing en bane may be filed within fourteen days after entry of judgment unless' the time is shortened or extended by order.

(Emphasis added.)

Student counsel submits that leave is appropriate here due to the unique and compelling nature of the appeal. As noted in Appellants' Motion To Stay The Mandate And Reargue The Case, appellants proceeded in the trial court, and filed the brief in this appeal, without the aid of counsel. Further, appellants have taken reasonable measures to preserve the right to petition for rehearing and/or rehearing en bane by filing a Motion To Stay The Schedule For Rehearing And/Or Rehearing En Banc.

If the Court denies leave to file a petition for rehearing and/or rehearing en bane, appellants alternatively request that the Court stay the mandate pending an application for writ of certiorari to the Supreme Court of the United States of America pursuant to D.C.App.R. 41(b), which provides in relevant part: "A stay of the mandate pending application to the Supreme Court for a writ of certiorari may be granted upon motion."

WHEREFORE, appellants pray that leave be granted to file a petition For Rehearing And/Or Rehearing En Banc. Alternatively, appellants request a stay of the mandate pending an application for a writ of certiorari to the Supreme Court of the United States of America.

Respectfully submitted,

/s/Thimothy Gresback
Timothy Gresback
L.S. No.: 4712
Student Counsel for Appellants
Antioch School of Law
2633 16th Street, N.W.
Washington, D.C. 20009
(202) 265-9500

/s/ W. Edward Morgan
W. Edward Morgan
Bar No.: 280800
Supervising Attorney

IN THE
DISTRICT OF COLUMBIA COURT OF APPEALS

No. 86-678

WILLIAM THOMAS, et al.,
Appellants,

v.

WASHINGTON TIMES, INC.
Appellee.

POINTS AND AUTHORITIES IN SUPPORT OF APPELLANTS' MOTION FOR LEAVE TO FILE A PETITION FOR REHEARING AND/OR REHEARING EN BANG, AND, IN THE ALTERNATIVE, MOTION FOR STAY OF THE MANDATE PENDING APPELLANTS' APPLICATION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF THE UNITED STATES OF AMERICA

The record above, D.C. App. R. 40(a) and 41(b).

Respectfully submitted,

/S/W. Edward Mrgan
W. Edward Morgan
Bar No.: 280800
Supervising Attorney

/s/Timothy Gresback
Timothy Gresback
L.S. No.: 4712
Student Counsel for Appellants
Antioch School Law
2633 16th Street, N.W.
Washington, D.C. 20009
(202) 265-9500

DISTRICT OF COLUMBIA
COURT OF APPEALS

No.: 86-678
CA 1125-86

WILLIAM THOMAS, et al. Appellants,

v.

WASHINGTON TIMES, INC., Appellee.

O R D E R

On consideration of Appellants' Motion For Leave To File A petition For Rehearing And/Or Rehearing En Banc, And, In The Alternative, Motion For Stay Of The Mandate Pending Appellants' Application For Writ Of Certiorari To The Supreme Court Of The United States Of America, it is

ORDERED that Appellants' motion is granted; and it is

FURTHER ORDERED that a Petition For Rehearing And/Or Rehearing En Banc may be filed within ten'(10) days from the date of this order.

PER CURIAM

Copies to;
W. Edward Morgan, Esquire
Timothy Gresback, Student Counsel
"Antioch School of Law
2633 16th Street, N.W.
Washington, D.C. 20009

Allen V. Farber, Esquire
Lucinda J. Bach, Esquire
Schwalb, Donnenfeld, Bray & Silber, P.C.
Suite 300 East
1025 Thomas Jefferson Street, N.W.
Washington, D. C. 20007


CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Appellants' Motion For Leave To File A Petition For Rehearing And/Or Rehearing En Banc, And, In The Alternative, Motion For Stay Of The Mandate Pending Appellants' Application For Writ Of Certiorari To The Supreme Court Of The United States Of America, and all attachments thereto, was mailed, postage prepaid, this 17th day of April , 1987, to Allen V. Farber, Esquire, and Lucinda J. Bach, Esquire; Schwalb Donnefeld, Bray & Silbert, P.C., Suite 300 East, 1025 Thomas Jefferson Street, N.W., Washington, D.C. 20007

/s/Tim Gresback

Timothy Gresback


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