Bill Windsor files a Response to Defendant Allie Overstreet’s Notice of Hearing.
RESPONSE TO NOTICE OF HEARING
OF DEFENDANT ALLIE OVERSTREET
Comes Now, William M. Windsor (“Windsor” or “Plaintiff”) and files this RESPONSE TO NOTICE OF HEARING OF DEFENDANT ALLIE OVERSTREET. PLAINTIFF shows the Court as follows:
1. On July 5, 2013 at 3:43 pm Central Time, PLAINTIFF received an email with a document titled “NOTICE OF HEARING” seeking to have a hearing at 11:00 am on July 16, 2013.
2. But on July 16, 2013 at 11:00 am, a hearing will be held in Division 1 of the 15th Judicial Circuit Court in Lafayette County, Missouri, Judge Dennis Rolf, presiding on the PLAINTIFF’s motions, and no others. The PLAINTIFF anticipates that the allotted time will be needed for his motions.
3. This hearing was scheduled by the PLAINTIFF three weeks in advance because the rules and procedures in this Court require that a party first call the Clerk of the Court to determine when the judge will be available. A date and time are then given, and then the party issues a Notice of Hearing.
4. Neither DEFENDANT ALLIE OVERSTREET nor attorney Matthew O’Connor called the Clerk of the Court to request a date and time for a hearing, as the Clerk told the PLAINTIFF is required. The Clerk was on vacation. DEFENDANT ALLIE OVERSTREET should not be allowed to break the rules yet again, deny the PLAINTIFF his rights, and interfere with the long-scheduled hearing.
5. Local Rule 21.2 requires that attorneys file an Entry of Appearance. No such Entry of Appearance has been served on the PLAINTIFF, and no such Entry of Appearance is shown on the Court Docket.
6. Pursuant to Local Rule 21.2, PLAINTIFF asks that all filings purportedly on behalf of DEFENDANT ALLIE LORAINE YAGER OVERSTREET by Matthew J. O’Connor or the O’Connor Law Firm be stricken due to the fact that Matthew J. O’Connor and the O’Connor Law Firm failed to file an appearance and cannot be recognized by this Court.
7. WHEREFORE, PLAINTIFF prays that this Court strike the NOTICE OF HEARING and enter an order denying DEFENDANT ALLIE OVERSTREET’s request for a hearing until she sets her own hearing date as is required by the rules and the procedures of this Court; and grant such other relief as the Court deems appropriate.
Submitted this 7th day of July, 2013,
William M. Windsor
514 America’s Way #4841
Box Elder, SD 57719-7600