On September 07, 2021 a
Motion-Secondary
was filed
involving a dispute between
Nicholson, Harriet,
and
Nationstar Mortgage, Llc,
for OTHER (CIVIL)
in the District Court of Dallas County.
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FILED
4/14/2022 1:43 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Margaret Thomas DEPUTY
CAUSE NO. DC-21-12504
HARRIET NICHOLSON IN THE DISTRICT COURT
§§§§§§§
- verSUS - 162ND JUDICIAL DISTRICT
NATIONSTAR MORTGAGE, LLC DALLAS COUNTY, TEXAS
PLAINTIFF’S RESPONSE TO ORDER OF REFERRAL
On April 14, 2022, Nicholson files Plaintiff’s Response to “Order of Referral” received
from Tracy Kemp which stated in relevant part:
Afier considering the pleading, the undersigned respectfully DECLINES to grant the
objection or recuse himself and refers this motion to the Chief Justice of the Texas Supreme Court
for determination.
Signed this defiant «(M 2022.
David L. Evans, Senior District Judge
On March 31, 2022, Chief Justice Hecht assigned the Eighth Administrative Senior District
Judge David Evans to hear Plaintiff’s “Motion to Recuse Judge Maricela Moore” in the instant case
pursuant to The Court Administration Act, chapter 74 of the Government Code.
On March 31, 2022, Nicholson timely objected to the Eighth Administrative Region Senior
Judge David Evans to hear the “Motion to Recuse Judge Maricela Moore pursuant to
Texas Government Code § 74.053(b).
An assigned judge may not hear a case if a party submits a timely objection no later than
seven days after the party receives actual notice of the assignment or before the first hearing of the
trial. Id. § 74.053. A timely objection t0 a judge "assigned" under chapter 74 has automatic
effect and any subsequent order by the assigned judge is void. In re Candles, 52 S.W.3d 698,
701 gTeX. 2001 1 (orig. proceeding).
Texas Government Code - GOV'T § 74.053. Objection to Judge Assigned to a
Trial Court
(a) When a judge is assigned to a trial court under this chapter:
(l) the order of assignment must state whether the judge is an active, former,
retired, or senior judge; and
(2) the presiding judge shall, if it is reasonable and practicable and if time permits,
give notice of the assignment to each attorney representing a party to the case that
is to be heard in whole or part by the assigned judge.
(b) If a party to a civil case files a timely objection to the assignment, the judge
shall not hear the case. Except as provided by Subsection (d), each party to the
case is only entitled to one objection under this section for that case.
(c) An objection under this section must be filed not later than the seventh
day after the date the party receives actual notice of the assignment or before
the date the first hearing or trial, including pretrial hearings, commences,
whichever date occurs earlier. The presiding judge may extend the time to file an
objection under this section on written motion by a party who demonstrates good
cause.
Regards,
/s/ Harriet Nicholson
Dated: April l4, 2022
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Envelope ID: 63586975
Status as of 4/14/2022 2:09 PM CST
Associated Case Party: NATIONSTAR MORTGAGE, LLC
Name BarNumber Email TimestampSubmitted Status
Heather Sutton 24072378 heather.n.sutton@hotmail.com 4/14/2022 1:43:27 PM SENT
Cindy Boyd cboyd@mcguirewoods.com 4/14/2022 1:43:27 PM SENT
Elayne Napoles enapoles@mcguirewoods.com 4/14/2022 1:43:27 PM SENT
Cindy J.Smith csmith@mcguirewoods.com 4/14/2022 1:43:27 PM SENT
Brenda Hard-Wilson bhard-wilson@mcguirewoods.com 4/14/2022 1:43:27 PM SENT
Lela Bayliss |bayliss@mcguirewoods.com 4/14/2022 1:43:27 PM SENT
Lela Bayliss |bayliss@mcguirewoods.com 4/14/2022 1:43:27 PM SENT
Associated Case Party: HARRIET NICHOLSON
Name BarNumber Email TimestampSubmitted Status
Harriet Nicholson harrietnicholson@yahoo.com 4/14/2022 1:43:27 PM SENT
Harriet Nicholson save.my.home.in.2013@gmail.com 4/14/2022 1:43:27 PM SENT
Harriet Nicholson nich.district@gmail.com 4/14/2022 1:43:27 PM SENT
Associated Case Party: DCDRC
Name BarNumber Email TimestampSubmitted Status
Ray Wheless cshiver@firstadmin.com 4/14/2022 1:43:27 PM SENT
Document Filed Date
April 14, 2022
Case Filing Date
September 07, 2021
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FILED 4/14/2022 1:43 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Margaret Thomas DEPUTY CAUSE NO. DC-21-12504 HARRIET NICHOLSON IN THE DISTRICT COURT §§§§§§§ - verSUS - 162ND JUDICIAL DISTRICT NATIONSTAR MORTGAGE, LLC DALLAS COUNTY, TEXAS PLAINTIFF’S RESPONSE TO ORDER OF REFERRAL On April 14, 2022, Nicholson files Plaintiff’s Response to “Order of Referral” received from Tracy Kemp which stated in relevant part: Afier considering the pleading, the undersigned respectfully DECLINES to grant the objection or recuse himself and refers this motion to the Chief Justice of the Texas Supreme Court for determination. Signed this defiant «(M 2022. David L. Evans, Senior District Judge On March 31, 2022, Chief Justice Hecht assigned the Eighth Administrative Senior District Judge David Evans to hear Plaintiff’s “Motion to Recuse Judge Maricela Moore” in the instant case pursuant to The Court Administration Act, chapter 74 of the Government Code. On March 31, 2022, Nicholson timely objected to the Eighth Administrative Region Senior Judge David Evans to hear the “Motion to Recuse Judge Maricela Moore pursuant to Texas Government Code § 74.053(b). An assigned judge may not hear a case if a party submits a timely objection no later than seven days after the party receives actual notice of the assignment or before the first hearing of the trial. Id. § 74.053. A timely objection t0 a judge "assigned" under chapter 74 has automatic effect and any subsequent order by the assigned judge is void. In re Candles, 52 S.W.3d 698, 701 gTeX. 2001 1 (orig. proceeding). Texas Government Code - GOV'T § 74.053. Objection to Judge Assigned to a Trial Court (a) When a judge is assigned to a trial court under this chapter: (l) the order of assignment must state whether the judge is an active, former, retired, or senior judge; and (2) the presiding judge shall, if it is reasonable and practicable and if time permits, give notice of the assignment to each attorney representing a party to the case that is to be heard in whole or part by the assigned judge. (b) If a party to a civil case files a timely objection to the assignment, the judge shall not hear the case. Except as provided by Subsection (d), each party to the case is only entitled to one objection under this section for that case. (c) An objection under this section must be filed not later than the seventh day after the date the party receives actual notice of the assignment or before the date the first hearing or trial, including pretrial hearings, commences, whichever date occurs earlier. The presiding judge may extend the time to file an objection under this section on written motion by a party who demonstrates good cause. Regards, /s/ Harriet Nicholson Dated: April l4, 2022 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Envelope ID: 63586975 Status as of 4/14/2022 2:09 PM CST Associated Case Party: NATIONSTAR MORTGAGE, LLC Name BarNumber Email TimestampSubmitted Status Heather Sutton 24072378 heather.n.sutton@hotmail.com 4/14/2022 1:43:27 PM SENT Cindy Boyd cboyd@mcguirewoods.com 4/14/2022 1:43:27 PM SENT Elayne Napoles enapoles@mcguirewoods.com 4/14/2022 1:43:27 PM SENT Cindy J.Smith csmith@mcguirewoods.com 4/14/2022 1:43:27 PM SENT Brenda Hard-Wilson bhard-wilson@mcguirewoods.com 4/14/2022 1:43:27 PM SENT Lela Bayliss |bayliss@mcguirewoods.com 4/14/2022 1:43:27 PM SENT Lela Bayliss |bayliss@mcguirewoods.com 4/14/2022 1:43:27 PM SENT Associated Case Party: HARRIET NICHOLSON Name BarNumber Email TimestampSubmitted Status Harriet Nicholson harrietnicholson@yahoo.com 4/14/2022 1:43:27 PM SENT Harriet Nicholson save.my.home.in.2013@gmail.com 4/14/2022 1:43:27 PM SENT Harriet Nicholson nich.district@gmail.com 4/14/2022 1:43:27 PM SENT Associated Case Party: DCDRC Name BarNumber Email TimestampSubmitted Status Ray Wheless cshiver@firstadmin.com 4/14/2022 1:43:27 PM SENT