PLAINTIFF[S] MOTION TO CONTINUE INITIAL PRETRIAL & SCHEDULING CONFERENCE
Burke v. Ocwen Loan Servicing, LLC (4:21-cv-02591)
District Court, S.D. Texas, Judge Alfred H. Bennett
TO THE HONORABLE JUDGE OF SAID COURT:
Plaintiff Joanna (“Plaintiff”) civilly request a humanitarian continuance of the in-person conference as scheduled to take place on Friday, 9th September, 2022, (Doc 49, Order, Aug 5/6, 2022) along with any, and all pending Rule 26 disclosures which were not discussed by the parties – as notified to the court – and hence may be outstanding for a period of 30 days, until Monday, October 10, 2022 (or as court orders).
On Saturday, August 27th, 2022 at 07:56 hrs, 911 was called to the Burke residence at 46 Kingwood Greens Dr., Kingwood, Texas, 77339 as John Burke was unresponsive and in dire medical condition. Both fire and ambulance attended and the paramedic stated he was not in good shape.
John Burke was rushed by ambulance to the Memorial Hermann North East (Humble) Hospital and during the day his health deteriorated. He was moved to ICU and was put onto a life support ventilator to aid his breathing.
John Burke also tested positive for pneumonia, sepsis, acute kidney disorder and other life-threatening conditions.
On top of that the hospital advised he has tested positive for COVID and requires 7-day isolation and further treatment as necessary, if he can get past the critical medical condition he is in just now.
As at Monday, 29th August, 2022 at around 10.40 am, his condition is still critical and Joanna Burke is distraught and emotionally a wreck as her husband of 64 years lies alone in ICU because she cannot gain access to see him due to the COVID quarantine.
Request for Relief
John Burke is obviously unable to participate in this motion and request for relief. Joanna Burke is submitting this motion for relief on behalf of the Plaintiffs.
In conclusion, the motion is not for the purposes of delay, as Joanna Burke’s husband lies in critical condition. Verification can be obtained by calling the hospital ICU at xxx. He is in room xxx. This motion should be granted.
RESPECTFULLY submitted this 29th day of August, 2022.
I hereby certify that as this is a life-threatening medical emergency I have not conferred with opposing counsel, who always oppose any motions presented. I assume they are OPPOSED to this motion.
I Joanna Burke hereby certify that on August 29, 2022, a true and correct copy of the foregoing Motion has been posted to the parties;
I now submit this Motion by USPS Priority Mail to the Court:
“Clerk of Court
P. O. Box 61010
Houston, TX 77208”
USPS Priority Mail to the opposing parties counsel as listed:-
Mr. Mark Hopkins; email@example.com
Mrs. Shelley Hopkins, firstname.lastname@example.org
Hopkins Law PLLC
3 Lakeway Centre Ct.,
Suite 110, Austin,
Pending before the Court is PLAINTIFF[S] Joanna Burke’s motion for continuance of Initial Pretrial and Scheduling Conference set for September 9, 2022 to October 10, 2022. After reviewing the Motion, the record and the applicable law, the Court is of the opinion that it should be GRANTED.
It is SO ORDERED.
Signed this of , 2022.
ALFRED H. BENNETT
UNITED STATES DISTRICT JUDGE