Distvict of Columbia 1L Ee ) Court of Appeals SEP 19 2019 Nos. 18-AA-500 & 18-AA-5OL OIBTEICT OF COLUHGIA JAMES FOURNIER, et al., Petitioners, v. DISTRICT OF COLUMBIA OFFICE OF PLANNING, HPA 393-14 HISTORIC PRESERVATION OFFICE, HPA 133-15 Respondent, and VISION MCMILLAN PARTNERS, LLC, et al., Intervenors. BEFORE: Glickman and Fisher, Associate Judges, and Nebeker, Senior Judge. ORDER On further consideration of this court’s August 26, 2019, order that redirected pro se petitioners to file their briefs and joint appendix within 30 days or the petitions for review would be dismissed and held intervenor's motion to dismiss in abeyance; petitioner Wolkoff’s motion for injunctive relief that also references no. 11-AA~ 1146 in violation of the court’s March 12, 2019, order that prohibited such filings, the oppositions and replies thereto; and it appearing that on August 30, 3019, some of these pro se petitioners filed a similar request for relief with the Office of Administrative Hearings challenging the reissued demolition permits; and it further appearing that pro se petitioners are seeking review of the same order that was affirmed in No. 18-AA-357 and that this court denied a similar motion for injunctive relief in that case on August 23, 2019; and it further appearing that pro se petitioners were first directed to file their briefs in the March 12, 2019, order and the May 21, 2019, order redirected petitioners’ briefs and joint appendix, prohibited them from filing further motions for summary reversal, and notified them that failure to file their brief would result in dismissal of these cases, it isNos. 18-AA-500 & 18-AA-501 ORDERED that pro se petitioner Wolkoff's motion for injunctive relief is denied because petitioner has failed to show irreparable harm by the denial of this motion because he is challenging the reissuance of permits before the Office of Administrative Services. In addition, the underlying argument in petitioner’s motion requires a hearing to determine contested facts and this court is not a fact-finding tribunal. See Wieck v. Sterenbuch, 350 A.2d 384, 378 (D.C. 1976). (Movant must clearly show a substantial likelihood of success on the merits; that movant will suffer irreparable harm unless the injunction is granted; his injury is greater than that of the opposing party; and the public interest favors the granting of the injunction). If petitioner believes that the conditions precedent to demolition outlined in Friends of MeMillan Park v. District of Columbia Mayor’s Agent for Historic Preservation, District of Columbia Office of Planning, 207 A.3d 1155 (D.C. 2019) have not occurred, petitioners may seek appropriate relief in Superior Court or pursue relief in their challenge before the Office of Administrative Hearings. It is FURTHER ORDERED that pro se petitioners’ consolidated brief and joint appendix, signed by all pro se petitioners, remains due by September 25, 2019, or the petitions for review will be dismissed. The brief shall be limited to any preserved issue that was not raised and addressed in Friends of McMillan Park v. District of Columbia Mayor's Agent for Historic Preservation, District of Columbia Office of Planning, 207 A.3d 1155 (D.C. 2019). Failure to timely file the brief and joint appendix will result in the dismissal of this petition for review without further notice. If a brief is filed but not signed by all pro se parties, the non-signatory pro se petitioners will be dismissed as parties to this matter. It is FURTHER ORDERED that the motion to dismiss is held in abeyance pending further order of the court. It is FURTHER ORDERED that pro se petitioners are reminded of the March 12, 2019, order that prohibited the filing of future motions or pleadings requesting relief in multiple unconsolidated cases and that required separate motions for each unconsolidated case. PER CURIAMNos. 18-AA-500 & 18-AA-501 Copies e-served to: Mary Brown, Esquire Philip Evans, Esquire Chris Otten Daniel Wolkoff Loren AliKhan, Esquire Solicitor General -DC James McKay, Esquire Office of Attorney General — DC Richard Love, Esquire Office of Attorney General ~ DC Copies mailed to: James Fournier 69 Bryant Street NW Washington, DC 20001 Linwood Norman 135 T Street NW Washington, DC 20001 Jerome Peloquin 4001 9" Street NE Washington, DC 20017 Cynthia Carson, Esquire 42 Adams Street NW Washington, DC 20001 Melissa Peffers 2201 2"! Street NW, Unit 41 Washington, DC 20001Nos. 18-AA-500 & 18-AA-S01 Jenifer Simpson 48 Adams Street NW Washington, DC 20001 cml