ORDER SETTING MOTION(S) BY WRITTEN SUBMISSION
Items three (3) through seven (7) listed below were set for in-person hearing in the 48th District Court on June 23, 2021 by order dated May 21, 2021,
Plaintiff Harriet Nicholson requested that:
Items one (I) and two (2) listed below be added to the hearing docket on June 23, 2021;
The hearing be conducted by submission or by zoom.
The court having considered the requests has decided that items one (1) and two (2) should be added to the docket and that all items should be set for written submission.
If after written submission the court determines oral argument is needed, the court will schedule the same.
IT IS HEREBY ORDERED that the following motion(s) will be taken up by written submission on June 23, 2021:
1. Plaintiff’s Motion for Leave to File Firth Amended Petition filed on May 2, 2016;
2. Motion for Sanctions filed on May 11, 2016;
3. Plaintiff’s Motion to Vacate Nationstar’s No-Evidence Motion for Summary Judgment filed on November 30, 2020;
4. Motion to Vacate Order Denying Plaintiff’s Partial Motion for Summary Judgment for Fraud on the Court by Attorney Kelly J. Harvey’s Fabricated Evidence filed on February 17,2021;
5. Plaintiff’s Motion for Sanctions filed on February 19, 2021;
6. Plaintiff’s Motion to Set Status Conference filed on February 23, 2021; and
7. Plaintiff’s No-Evidence Motion for Summary Judgment filed on March 9, 2021.
IT IS FURTHER ORDERED that the following deadlines will apply:
I. All responses must be filed by noon on June 16, 2021;
2. All replies and objections to the responses must be filed by noon on June 18, 2021; and
3. Any objections to the reply must be filed by noon on June 21, 2021.
IT IS FURTHER ORDERED that all exhibits and witness testimony must be proved by affidavit or as otherwise provided by law and must be filed by noon on June 21, 2021. If the Court determines upon review of the submission that oral argument is needed, the Court will schedule the same.
Signed this the 27th day of May 2021.
David L. Evans
Judge of the 48th District Court
David L. Evans of Fort Worth is judge of the 48th Judicial District Court in Tarrant County, and has served as the presiding judge of the Eighth Administrative Judicial Region since 2014, and is board certified in Civil Appellate Law and Civil Trial Law by the Texas Board of Legal Specialization.
He is a member of the American Bar Association (ABA) and the ABA National Conference of State Trial Judges Judicial Division and a member, former judicial section chairman and a past director of the State Bar of Texas.
He has served has chair of the Commission for Lawyer Discipline and as vice chair of the Texas Board of Legal Specialization.
Evans received a Bachelor of Business Administration in finance from Texas A&M University and entered the U.S Army, following his military service, Evans received a Juris Doctor degree from the Baylor School of Law.