Notice Canceling Baseless HCA Healthcare Hearing Seeking Injunctive Relief Scheduled for January 9, 2023

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UPDATE

Jan 9, 2023 at 11.30 am

HOW IS IT THE FILING ON JAN 6 APPEARS ENDING IN 464 WHEN IT WASN’T THERE PRIOR TO PLAINTIFF’s FILING ON 9TH, PER SCREENSHOT(S)?

Not so Funny business at the Court….

SCREENSHOT TAKEN A 1PM

SCREENSHOT TAKEN AT 11.30AM

NOTICE OF MISSING EMAIL THREAD/EXHIBITS BY LEAD CLERK MS. SHANNON NORTH

NOTICE IS HEREBY GIVEN that Plaintiff now attaches 2 missing emails not included on the docket by Lead Clerk, Ms. Shannon North – see her upload of 3 pages on Friday, Jan 6, 2023 (ref. 105882334). Plaintiff refers to Exhibit “Missing Emails not On Docket from Friday, 6 Jan, 2023 (2022-68307)” which is the remainder of email correspondence/thread herein for filing onto the docket.

RESPECTFULLY submitted this 9th day of January, 2023.

UPDATE

Jan 6, 2023

Hello Ms North,

I am including the Clerk for Judge Beau Miller, who is the Administrative Judge for the Harris County District Courts’ Civil Trial Division, in this response.

Given the fact the sitting Judge Reeder is not available until Monday, and you disavow legal responsibility or authority to answer an Emergency question, and wish to have me attend a conference in person in violation of the 59th Emergency Order, it is my understanding reading the Harris County District Judges Rules of Administration that a Judge can be made available to address my concerns as discussed below.

I respectfully await a response from an active Judge in the court today as to whether my constitutional rights to a remote hearing is being denied and an Order confirming this fact.

Furthermore, I cannot comply with your email retraction request because I complied with all the rules and laws, including filing the substantive pleadings and notices well before the hearing.

Due to the emergency timeline now before the court and myself, today’s emails are necessary and just, per Rule 1 Time Standard.

Cheers

Mark Burke

Hello Mr. Burke

As the CLERK of the court I will make note of all correspondence emails to this office and will make available for Judge Reeder upon her return Monday January 9, 2023. At this time any and all settings for Monday will remain on the court’s docket since I am not authorize to pass anything per any rule that you are stating. Any further emails to the court need to be withdrawn and you are required to address any additional matter with the Judge on Monday at set hearing.

Thank you in advance

Shannon North

Lead Clerk for 234th District Court

MARILYN BURGESS, Harris County District Clerk
201 Caroline, Suite 1300 | Houston, TX 77002
(832) 927-2234

Hello again, Ms North

2022-68307 Burke v HCA

I hereby include opposing counsel in this email thread as it appears, in my humble opinion, that my constitutional rights are being seriously violated.

As such, I respectfully put the court on formal notice that I shall not be appearing in person at a cancelled hearing (Monday, 9 Jan, 2023 at 1pm) which should terminate automatically in law when it is a Plea in Abatement and opposing counsel have failed to object in a timely and compliant manner, as is the case here. As previously highlighted in pleadings submitted to this court, it is clear and obvious the Plea in Abatement takes effect as an operation of law for 60 days, and that period is active right now. Alas, you refuse to cancel the setting of the hearing despite my notice and emails.

If for whatever reason the court takes the opinion that the hearing is not cancelled, then two items need to be addressed.

First, I request once more, any and all hearings be remote per the Supreme Court of Texas Emergency Order supplied previously.

Second, I respectfully request an Order from this court today if you are maintaining what I construe to be an ultra vires act, and still wish to hold an in person hearing on Monday so I may formally request an interlocutory appeal.

I look forward to hearing from you shortly.

Cheers

Mark Burke

Once again, I respectfully request you seek legal counsel. The Plea in Abatement has cancelled the hearing, in law and does not require a court order.

Good morning,

You can’t pass Defendant’s hearing, only that can.

Good morning Ms. North,

I note the cancellation has not been applied to the settings page on the docket (See Screenshot attached).

Please confirm the hearing for Monday, Jan 9, 2023 is officially cancelled.

Thank you.

Cheers

Mark Burke

NOTICE OF CANCELLATION OF ORAL HEARING

Originally Published:  Jan 5, 2023 | Republished: Jan 5, 2023

NOTICE IS HEREBY GIVEN that Plaintiff respectfully requests court cancel the Defendant’s Original Counterclaim and Application for Temporary Injunction and Permanent Injunction filed on November 23, 2023, currently set for in-person hearing and consideration by the 234th Judicial District Court of Harris County, Texas, on Monday, January 9, 2023, at 13:00 hrs. (See; Exhibit “Settings 2023 Case No. 2022-68307“), considering the Plaintiff’s Plea in Abatement filed December 8, 2022, Defendant’s untimely Response to Plaintiff and Counter-Defendant’s Plea in Abatement filed on December 16, 2022, and Plaintiff’s Reply To HCA Houston Healthcare Kingwood’s Response To Plaintiff’s Plea In Abatement filed on December 20, 2022, which nullifies this hearing by law, and request any future hearings by Defendant be set for telephonic hearing, as per Supreme Court of Texas, Fifty-Ninth Emergency Order Regarding the COVID-19 State of Disaster, Misc. Docket No. 22-9120, dated December 30, 2022 (See; Exhibit “59th Emergency Order“).

RESPECTFULLY submitted this 5th day of January, 2023.

JUDGE REEDER’s COURT WEBSITE NOTICES

Screenshot and Content Grabbed on Jan 6, 2023

Judge Lauren Reeder

VIDEO CONFERENCING INSTRUCTIONS

Click on the link below associated with your hearing and it will add you to the video conference. Remember to mute your microphone when you are not talking. Please make sure you test your equipment before joining to avoid delays. If you have any questions contact Lawanda Cornett, Trial Coordinator, at 832-927-2225.

Please note, the recording or broadcasting of any Court proceeding, including by video or telephone, is prohibited by Local Rule and order of this court.

All Counsel are expected to appear in business attire.

If a participant has difficulty connecting, please notify Lawanda Cornett, Trial coordinator at 832-927-2225.  If the issue persists, we will give everyone a telephone conference number and proceed telephonically.

OPEN COURTS COMPLIANCE

Pursuant to the Supreme Court’s First and Third Emergency Orders Regarding COVID-19 State of Disaster (Supreme Court of Texas Misc. Docket Nos. 20-9042 and 20-9044), the March 24, 2020 Order of the Harris County Engineer consolidating courtrooms thus closing the 234th Judicial District Court’s physical courtroom, and the Texas Constitution’s Open Courts Provision, all oral hearings in the immediate future will be heard by video or telephone. If you are a non-party who would like to observe a hearing via video and audio, please click on our streaming service https://video.ibm.com/channel/cvUtY9S5L2y.

If the link fails ,then click the link associated with the cause number in zoom and turn off your video feed. If you would like to observe by telephone, please call 346-248-7799 and enter the meeting ID of the hearing you would like to observe.

ZOOM TUTORIALS

https://support.zoom.us/hc/en-us/articles/206618765-Zoom-Video-Tutorials

Observers of any hearings please click here: https://video.ibm.com/channel/cvUtY9S5L2y <

EFFECTIVE FEBRUARY 2022

JUDGE REEDER WILL NO LONGER HAVE DOCKET CALL HEARINGS, ALL SETTINGS HAS BEEN CANCELLED.

December 5, 2022

January 9, 2023

January 23, 2023

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Meeting ID: 817 4508 4094
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Meeting ID: 847 7866 6514
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Meeting ID: 834 5257 7349
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If your case is not ready, you may submit Agreed Motion for Continuance with a Proposed Order to be consider. For all cases that have settled, please submit a rule 11 Settlement Agreement or final documents to dismiss your case.

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