Preview
~ @] Owens Hervey
PLLC : Attorneys & Counsetors
XN
January 22, 2013
VIA FIRST CLASS MAIL
The Honorable Ken Molberg
95" Judicial District Court
600 Commerce Street, Box 640
Dallas, Texas 75202
Re: = Community Missionary Baptist Church v. Dailas Central Appraisal District:
Cause No: DC-11-14861-D filed in the 95" Judicial District Court of Dallas
County, Texas.
Dear Judge Molberg:
Due to a scheduling conflict on Counsel for the Dallas Central Appraisal District’s (“DCAD”)
calendar, on January 18, 2013, the undersigned agreed to reschedule the hearing on Plaintiff
Community Missionary Baptist Church’s Motion for Summary Judgment from February 7, 2013
@ 9:00 a.m, to February 13, 2013 @ 10:00 a.m. DCAD’s counsel was notified of the new
hearing date on the morning of January 18, 2013 via: (1) emai! and (2) formal notice of hearing
letter. A copy of the notice email and letter are attached hereto as Exhibits A and B,
respectively. On the moming of January 22, 2013, the undersigned received a call from the
Clerk of the 95" Judicial District Court (“Clerk”) advising that the formal notice of hearing letter
mailed to the Court contained a keystroke error in which the Cause No. was listed as DC-11-
4861-D rather than DC-11-14861-D. See Exhibit B. The Clerk instructed the undersigned to
prepare and send a corrected notice of hearing letter. The undersigned complied with the Clerk’s
directive and faxed a copy of the revised and corrected hearing notice to DCAD’s counsel on the
morning of January 22". See Exhibit C.
Despite the apparent confusion created by the keystroke error in the January 18" notice letter,
DCAD was still afforded the requisite 24 days (21 days plus an additional 3 days because of
service via means other than hand delivery) necessary to move forward with the summary
judgment hearing on February 13, 2013 at 10:00 a.m.
Thank you for your attention to this matter.
Best regards,
Delwin E. Hervey
For the firm
Enclosure(s)
Ph 214.741.2288 Fx 214.741.2289 Bank of America Plaza :: 901 Main Street, Suite 3612 - Dallas, TX 75202 %* OwensHervey.comeo
EXHIBIT
A- Delwin Hervey
From: Braden Metcalf [pmetcalf@njdhs.com}
Sent: Friday, January 18, 2013 9:50 AM
To: Delwin Hervey
Subject: RE: Community Missionary
Thanks for the accommodation. Have a good weekend.
Braden W, Metcalf
Nichols, Jackson, Dillard, Hager & Smith, L.L.P,
1800 Lincoln Plaza
S00 N. Akard
Dallas. Texas 75201
214.965.9900 Telephone
214,9650010 Facsimile
From: Delwin Hervey [mailto:dherv: lowenshervey.com}
Sent: Friday, January 18, 2013 9:49 AM
To: Braden Metcalf
Subject: RE: Community Missionary
The hearing has been moved to the February 13" at 10:00 a.m. A formal notice letter wil! be sent out today.
@|_ Owens!Hervey
PLLO + Attorneys & Counselors
Delwin E. Hervey, Partner
OWENS HERVEY PLLC
Bank of America Plaza
901 Main Street, Suite 3612
Dallas, Texas 75202
ph: 214.741.2288
fx: 214.741.2289
www.owenshervey.com
This communication is confidential ang is intended te be privileged pursuant to applicabie law. if the reader of this message is not the intended
recipient, or the employee or agent responsivie te deliver it to the intended recipient, you are hereby nobied thal any dissemination, distribution or
copying of this communication Is strictly prohioited, if you have received this message in error. please notity Owens Hervey PLLC immediately by
telephone (214-741-2288) and by electronic mail to: reception@owenshervey.com and then delete this message and alt copies and backups thereof.
From: Braden Metcalf [mailto:pmetcalf@njdhs.com}
Sent: Monday, January 14, 2013 1:40 PM
To: Delwin Hervey
Subject: Community Missionaryt have a conflict on 2.7.13 in that | am the municipal prosecutor for Richardson on a contract basis that day. Can you
reschedule the hearing to another date? | don’t want to have to file an MTC of the hearing based on my schedule. tam
available Anytime on February 1, 4, 8, 13, 14, and 15
Braden W. Metcalf
Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
214.965.9900 Telephone
214.9650010 FacsimileEXHIBIT
B@ @
5] Owens Hervey
PLLC: Attorneys & Counsetors
N
January 18, 2013 email: dhervey@owenshervey.com
VIA FACSIMILE 214.965.0010
Braden Metcalf’
Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
1800 Lincoln Plaza
500 North Akard
Dallas, Texas 75201
Re: — Community Missionary Baptist Church y. Dallas Central Appraisal District:
Cause No: DC-11-4861-D filed in the 95" Judicial District Court of Dallas
County, Texas.
Dear Mr. Metcalf:
This letter serves as notice that the hearing on Plaintiff's Motion for Summary Judgment has
been reset to February 13, 2013 at 16:00am in the 95" Judicial District Court. Please make
plans to attend.
Thank you for your prompt attention to this matter. Please feel free to contact us at 214.741.2288
should you have any questions.
Sincerely,
Dp 6p
Delwin E. Hervey
Ph 214.741.2288 Fx 214.741 2289 Bank of America Plaza :: 901 Main Street, Suite 9612 - Dallas. TX 75202 %* OwensHervey.comEXHIBIT
C@] Owens Hervey
PLLC + Attorneys & Counsetors
January 22, 2013 email: dhervey@owenshervey.com
VIA FACSIMILE 214.965.0010
Braden Metcalf
Nichols, Jackson, Dillard. Hager & Smith. L.L.P.
1800 Lincoln Plaza
500 North Akard
Dallas, Texas 75201
Re: — Community Missionary Baptist Church y. Dailas Central Appraisal District:
Cause No: DC-11-14861-D filed in the 95" Judicial District Court of Dalias
County, Texas.
Dear Mr. Metcalf:
This letter serves as notice that the hearing on Plaintiff's Motion for Summary Judgment has
been reset to February 13, 2013 at 10:00am in the 95" Judicial District Court. Please make
plans to attend.
Thank you for your prompt attention to this matter. Please feel free to contact us at 214.741.2288
should you have any questions.
Sincerely,
Delwin E. Hervey
Ce: 95" District Court
Ph 244.741.2288 Fx 214.741.2289 Bank of America Plaza :: 901 Main Street. Suite 3612 - Dallas, TX 75202 % OwensHervey.comTo:
From:
Message:
@]_ OwenslHervey
PLLO + Attorceys & Counselors
FAX COVERSHEET
Braden Metcalf — 214.965.0010
Delwin Hervey
OWENS HERVEY PLLC
BANK OF AMERICA PLAZA
901 MAIN STREET, SUITE 3612
DALLAS, TEXAS 75202
Phone: 214-741-2288
Fax: 214-741-2289
Total number of pages, including cover page 2
Please find correspondence regarding the Community MBC v Dallas County
Appraisal District, et al, Case No. 11-14861-D. Please cali should you have any
difficulties with this transmission.
Thanks!
IF PROBLEM WITH TRANSMISSION, PLEASE CONTACT OPERATOR AT 214 © 741 « 2288,
DATE 01/22/13
TIME: 11:35AM
CLIENT/MATTER NAME:CMBC
CLIENT/MATTER NO.:
This communication is confidential and is intended to be privileged pursuant to the attorney-client privilege
and the work-product doctrine, If the reader of this message is not the intended recipient, or the employee
or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination,
distribution or copying of this communicatien is strictly prohibited. (f you have received this
communication in error, please immediately notify us by telephone, and return the original message to us
at the above address via the U.S. Postai Service.TRANSMISSION VERIFICATION REPORT
TIME : 91/22/2813 12:48
NAME ? OWENS RERVEY PLLC
FAX } 2147412289
TEL: 2147412228
SER. 4 } 608F5I931476
DATE, TINE
FAX NO. /NAME
DURATION
PAGE(S)
SUL
ok
MODE STANDARD
EM
aa
5 OwensiHervey
hea BLL Anorneys & Gaur Dee
FAX COVERSHEET
Te: Braden Metcalf — 214.965.0010
From: Delwin Hervey
OWENS HERVEY PLIC
BANK OF AMERICA PLAZA
901 MAIN STREET, SUITE 3612
DALLAS. TEXAS 75202
Phone: 214-741-2288
Fax: 214-741-2289
Total number of pages. including cover page a
Message:
Please find correspondence regarding the Community MBC v Dallas County
Appraisal District. et al. Case No. 11-14861-D. Please call should you have any
difficulties with this transmission.
Thanks!
{F PROBLEM WITH TRANSMISSION, PLEASE CONTACT OPERATOR AT 214 ¢ 744 © 2288.
DATE 01/22/13
TIME: 11:35AM.
CLIENT/MATTER NAME:CMBC
Preview
~ @] Owens Hervey PLLC : Attorneys & Counsetors XN January 22, 2013 VIA FIRST CLASS MAIL The Honorable Ken Molberg 95" Judicial District Court 600 Commerce Street, Box 640 Dallas, Texas 75202 Re: = Community Missionary Baptist Church v. Dailas Central Appraisal District: Cause No: DC-11-14861-D filed in the 95" Judicial District Court of Dallas County, Texas. Dear Judge Molberg: Due to a scheduling conflict on Counsel for the Dallas Central Appraisal District’s (“DCAD”) calendar, on January 18, 2013, the undersigned agreed to reschedule the hearing on Plaintiff Community Missionary Baptist Church’s Motion for Summary Judgment from February 7, 2013 @ 9:00 a.m, to February 13, 2013 @ 10:00 a.m. DCAD’s counsel was notified of the new hearing date on the morning of January 18, 2013 via: (1) emai! and (2) formal notice of hearing letter. A copy of the notice email and letter are attached hereto as Exhibits A and B, respectively. On the moming of January 22, 2013, the undersigned received a call from the Clerk of the 95" Judicial District Court (“Clerk”) advising that the formal notice of hearing letter mailed to the Court contained a keystroke error in which the Cause No. was listed as DC-11- 4861-D rather than DC-11-14861-D. See Exhibit B. The Clerk instructed the undersigned to prepare and send a corrected notice of hearing letter. The undersigned complied with the Clerk’s directive and faxed a copy of the revised and corrected hearing notice to DCAD’s counsel on the morning of January 22". See Exhibit C. Despite the apparent confusion created by the keystroke error in the January 18" notice letter, DCAD was still afforded the requisite 24 days (21 days plus an additional 3 days because of service via means other than hand delivery) necessary to move forward with the summary judgment hearing on February 13, 2013 at 10:00 a.m. Thank you for your attention to this matter. Best regards, Delwin E. Hervey For the firm Enclosure(s) Ph 214.741.2288 Fx 214.741.2289 Bank of America Plaza :: 901 Main Street, Suite 3612 - Dallas, TX 75202 %* OwensHervey.comeo EXHIBIT A- Delwin Hervey From: Braden Metcalf [pmetcalf@njdhs.com} Sent: Friday, January 18, 2013 9:50 AM To: Delwin Hervey Subject: RE: Community Missionary Thanks for the accommodation. Have a good weekend. Braden W, Metcalf Nichols, Jackson, Dillard, Hager & Smith, L.L.P, 1800 Lincoln Plaza S00 N. Akard Dallas. Texas 75201 214.965.9900 Telephone 214,9650010 Facsimile From: Delwin Hervey [mailto:dherv: lowenshervey.com} Sent: Friday, January 18, 2013 9:49 AM To: Braden Metcalf Subject: RE: Community Missionary The hearing has been moved to the February 13" at 10:00 a.m. A formal notice letter wil! be sent out today. @|_ Owens!Hervey PLLO + Attorneys & Counselors Delwin E. Hervey, Partner OWENS HERVEY PLLC Bank of America Plaza 901 Main Street, Suite 3612 Dallas, Texas 75202 ph: 214.741.2288 fx: 214.741.2289 www.owenshervey.com This communication is confidential ang is intended te be privileged pursuant to applicabie law. if the reader of this message is not the intended recipient, or the employee or agent responsivie te deliver it to the intended recipient, you are hereby nobied thal any dissemination, distribution or copying of this communication Is strictly prohioited, if you have received this message in error. please notity Owens Hervey PLLC immediately by telephone (214-741-2288) and by electronic mail to: reception@owenshervey.com and then delete this message and alt copies and backups thereof. From: Braden Metcalf [mailto:pmetcalf@njdhs.com} Sent: Monday, January 14, 2013 1:40 PM To: Delwin Hervey Subject: Community Missionaryt have a conflict on 2.7.13 in that | am the municipal prosecutor for Richardson on a contract basis that day. Can you reschedule the hearing to another date? | don’t want to have to file an MTC of the hearing based on my schedule. tam available Anytime on February 1, 4, 8, 13, 14, and 15 Braden W. Metcalf Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Lincoln Plaza 500 N. Akard Dallas, Texas 75201 214.965.9900 Telephone 214.9650010 FacsimileEXHIBIT B@ @ 5] Owens Hervey PLLC: Attorneys & Counsetors N January 18, 2013 email: dhervey@owenshervey.com VIA FACSIMILE 214.965.0010 Braden Metcalf’ Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Lincoln Plaza 500 North Akard Dallas, Texas 75201 Re: — Community Missionary Baptist Church y. Dallas Central Appraisal District: Cause No: DC-11-4861-D filed in the 95" Judicial District Court of Dallas County, Texas. Dear Mr. Metcalf: This letter serves as notice that the hearing on Plaintiff's Motion for Summary Judgment has been reset to February 13, 2013 at 16:00am in the 95" Judicial District Court. Please make plans to attend. Thank you for your prompt attention to this matter. Please feel free to contact us at 214.741.2288 should you have any questions. Sincerely, Dp 6p Delwin E. Hervey Ph 214.741.2288 Fx 214.741 2289 Bank of America Plaza :: 901 Main Street, Suite 9612 - Dallas. TX 75202 %* OwensHervey.comEXHIBIT C@] Owens Hervey PLLC + Attorneys & Counsetors January 22, 2013 email: dhervey@owenshervey.com VIA FACSIMILE 214.965.0010 Braden Metcalf Nichols, Jackson, Dillard. Hager & Smith. L.L.P. 1800 Lincoln Plaza 500 North Akard Dallas, Texas 75201 Re: — Community Missionary Baptist Church y. Dailas Central Appraisal District: Cause No: DC-11-14861-D filed in the 95" Judicial District Court of Dalias County, Texas. Dear Mr. Metcalf: This letter serves as notice that the hearing on Plaintiff's Motion for Summary Judgment has been reset to February 13, 2013 at 10:00am in the 95" Judicial District Court. Please make plans to attend. Thank you for your prompt attention to this matter. Please feel free to contact us at 214.741.2288 should you have any questions. Sincerely, Delwin E. Hervey Ce: 95" District Court Ph 244.741.2288 Fx 214.741.2289 Bank of America Plaza :: 901 Main Street. Suite 3612 - Dallas, TX 75202 % OwensHervey.comTo: From: Message: @]_ OwenslHervey PLLO + Attorceys & Counselors FAX COVERSHEET Braden Metcalf — 214.965.0010 Delwin Hervey OWENS HERVEY PLLC BANK OF AMERICA PLAZA 901 MAIN STREET, SUITE 3612 DALLAS, TEXAS 75202 Phone: 214-741-2288 Fax: 214-741-2289 Total number of pages, including cover page 2 Please find correspondence regarding the Community MBC v Dallas County Appraisal District, et al, Case No. 11-14861-D. Please cali should you have any difficulties with this transmission. Thanks! IF PROBLEM WITH TRANSMISSION, PLEASE CONTACT OPERATOR AT 214 © 741 « 2288, DATE 01/22/13 TIME: 11:35AM CLIENT/MATTER NAME:CMBC CLIENT/MATTER NO.: This communication is confidential and is intended to be privileged pursuant to the attorney-client privilege and the work-product doctrine, If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communicatien is strictly prohibited. (f you have received this communication in error, please immediately notify us by telephone, and return the original message to us at the above address via the U.S. Postai Service.TRANSMISSION VERIFICATION REPORT TIME : 91/22/2813 12:48 NAME ? OWENS RERVEY PLLC FAX } 2147412289 TEL: 2147412228 SER. 4 } 608F5I931476 DATE, TINE FAX NO. /NAME DURATION PAGE(S) SUL ok MODE STANDARD EM aa 5 OwensiHervey hea BLL Anorneys & Gaur Dee FAX COVERSHEET Te: Braden Metcalf — 214.965.0010 From: Delwin Hervey OWENS HERVEY PLIC BANK OF AMERICA PLAZA 901 MAIN STREET, SUITE 3612 DALLAS. TEXAS 75202 Phone: 214-741-2288 Fax: 214-741-2289 Total number of pages. including cover page a Message: Please find correspondence regarding the Community MBC v Dallas County Appraisal District. et al. Case No. 11-14861-D. Please call should you have any difficulties with this transmission. Thanks! {F PROBLEM WITH TRANSMISSION, PLEASE CONTACT OPERATOR AT 214 ¢ 744 © 2288. DATE 01/22/13 TIME: 11:35AM. CLIENT/MATTER NAME:CMBC