Bill Windsor files preliminary response to Defendant Mark Supanich’s Motion for Hearing.
PRELIMINARY RESPONSE TO NOTICE OF HEARING
AND MOTION OF DEFENDANT MARK SUPANICH
Comes Now, William M. Windsor (“Windsor” or “Plaintiff”) and files this PRELIMINARY RESPONSE TO MOTION AND NOTICE OF HEARING OF DEFENDANT MARK SUPANICH. PLAINTIFF shows the Court as follows:
- 1. On July 7, 2013 at 8:49 pm Central Time, PLAINTIFF received an email with a document titled “MOTION AND NOTICE OF HEARING.”
- The Missouri Rules of Civil Procedure provide 30 days to respond to a motion, and the PLAINTIFF is being denied that time should this MOTION be heard on July 16, 2013.
- 3. 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. This hearing is on the PLAINTIFF’s motions, and no others. The PLAINTIFF anticipates that the allotted time will be needed for his motions.
- 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.
- DEFENDANT MARK SUPANICH did not call the Clerk of the Court to request a date and time for a hearing, as the Clerk told the PLAINTIFF is required. DEFENDANT MARK SUPANICH should not be allowed to break the rules, deny the PLAINTIFF his rights, and interfere with the long-scheduled hearing.
- WHEREFORE, PLAINTIFF prays that this Court enter an order granting denying consideration of DEFENDANT MARK SUPANICH’s MOTION until the PLAINTIFF is given 30 days to respond; enter an order denying DEFENDANT MARK SUPANICH’s motions to be considered at a hearing until he set his 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