DCCA Case Nos.

18-AA-0698, 18-AA-0706

Clerk of the Court

In the Received 07/18/2019 04:41 PM

District of Columbia Court of Appeals

Friends of McMillan Park,

Petitioner,

And

D.C. For Reasonable Development,

Petitioner,

v.

District of Columbia Zoning Commission,

Respondent,

and,

Vision McMillan Partners, LLC

Intervenor.

MOTION FOR LEAVE TO ACCEPT LATE FILING

HEATHER M. BENNO
D.C. Bar No. 1010821
Submitted July 18, 2019
 MOTION LEAVE TO ACCEPT LATE FILING

COMES NOW D.C. for Reasonable Development (“DC4RD,” “Petitioner”) and requests

that the Court grant this Motion for Leave, pursuant to Rules 26(b), 27(b)(1)(A) and 40 of the

Rules of the District of Columbia Court of Appeals, for good cause as demonstrated herein:

1. On July 3, 2019, this honorable Court rendered its Decision affirming the order of the

Zoning Commission in the present matter.

2. Thereafter, Petitioner reviewed its options with its counsel of record, and was advised

that it was not feasible for Mr. Theresa to represent Petitioner on a Petition for Rehearing

by the Division.

3. This left Petitioner with little time to locate alternative pro bono counsel willing to assist

and represent it on a Petition for Rehearing on a short timeline, taking the July 4 holiday

into account.

4. Petitioner immediately attempted to secure alternate counsel, and retained undersigned

counsel earlier this week.

5. Undersigned counsel attempted to file the subject Petition by the deadline, but due to the

administrative error of failing to include a Certificate of Service (all filers received e-

filing), the Petition was rejected. Respondent and Intervenor have not been prejudiced by

this delay.

6. Undersigned counsel contacted counsel for Respondent and Intervenor to request their

consent or non-opposition to the present Motion.

7. Simultaneous to filing this Motion, Petitioner is refiling its Petition for Rehearing by the

Division in the interest of expediency and conservation of judicial resources.

WHEREFORE, Petitioner moves this Honorable Court to accept its Petition for

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Rehearing by the Division.

Signed,

/s Heather M. Benno Dated: July 18, 2019

Heather M. Benno
Immigrant Justice Solutions
1629 K St. NW, Suite #300
Washington, D.C. 20006
T: (240) 435-7191
Heather.Benno@gmail.com

For Petitioner D.C. 4 Reasonable Development

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 CERTIFICATE OF SERVICE

I, Heather Benno, attest that copies of this Motion for Leave were served via electronic filing to

the parties on the 18th day of July, 2019:

Loren Ali Khan Mary Carloyn Brown

Counsel for Respondent Counsel for Intervenor VMP

James McKay Andrea Ferster

Counsel for Intervenor DMPED Counsel for FOMP

Philip T. (“Pete”) Evans Aristotle Theresa

Counsel for Intervenor VMP Counsel for D.C. for Reasonable Development

Caroline Van Zile Stacy Anderson

Counsel for Intervenor DMPED Counsel for Intervenor DMPED

Signed,

/s Heather M. Benno

Heather Benno
Counsel for D.C. for Reasonable Development
Immigrant Justice Solutions
1629 K Street NW, Suite 300
Washington, DC 20006