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To put this case all on the Record, all Discovery, both Requests and Responses were filed with the Clerk of the Court by the Defendant Pro Se, not just the Certificates of Service.
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PLAINTIFF'S ATTEMPT TO DISREGARD THE JUDGES INDEFINITE CONTINUANCE
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IN THE SUPERIOR COURT OF GWINNETT COUNTY
STATE OF GEORGIA

INSULATED WALL SYSTEMS, INC.,               )
Plaintiff,                                                         )
                                                                     )    Civil Action File No.:  
v.                                                                   )     05A06942-9
                                                                     )
RON MCKINNEY,                                           )
Defendant.                                                     )


MOTION FOR HEARING ON PLAINTIFF'S MOTION
FOR PARTIAL SUMMARY JUDGMENT

COMES NOW, Plaintiff, by and through its counsel of record and requests that this Court issue a Rule Nisi for a hearing on Plaintiff's Motion for Partial Summary Judgment and Defendant's Response showing the Court as follows:

1.
On May 3, 2007 Plaintiff filed its Motion for Partial Summary Judgment arguing numerous dispositive theories on Defendant's Counterclaim, including but not limited to, Assumption of Duty, Conspiracy, Conspiracy to Commit Extortion, Intentional Infliction of Emotional Distress, Misrepresentation, Fraud, Breach of Contract and Negligent Construction by Defendant on his Counterclaim.

2.
On June 4, 2007 Defendant filed his response to Plaintiff's Motion for Partial Summary Judgment on Defendant's Counterclaim while citing no statutory authority or citation of authority in support of his Response to Motion Summary Judgment.

3.
The Court had previously set this case down to hear oral argument of counsel on Plaintiff's Motion for Partial Summary Judgment as well as Defendant's Response and due to the illness of the Defendant's mother, the Court granted to the Defendant what appears to be an indefinite continuance based on the failing health of Defendant's mother.  While Plaintiff's counsel is sympathetic with Defendant's plight and the need to be with his ailing mother, Plaintiff's counsel suggests that this Court rule upon those claims that are the basis of Plaintiff's Motion without the benefit of oral argument in order to further frame the issues for oral argument before the Court.  Such claims against Plaintiff such as Assumption of Duty, Conspiracy, Conspiracy to Commit Extortion, Intentional Infliction of Emotional Distress, Misrepresentation, Fraud and Negligent Construction should be resolved by the Court upon the motions alone without the aid of oral argument and the cause of action, such as Breach of Contract, which may be argued to have a factual basis could be heard by the Court on a Motions calendar limiting each side to thirty (30) minutes, thereby not requiring Defendant be at Court longer than one hour preserving more time for Defendant to be at his mother's bedside.

4.
Plaintiff's counsel is well aware of Defendant's stress and need to be at the bedside of someone who is undergoing hospice care. Plaintiff's counsel endured this unfortunate experience with his child. However, based on the Request for Continuance filed November 15, 2007, Mr. McKinney stated to this Court that on June 3, 2007 Embracing Hospice was engaged to assist in the case of his mother during her final moments of life. Furthermore, Mr. McKinney stated in his Request for Continuance that based upon the testimony of a skilled nurse and based upon physical factors of the ailing Ms. McKinney that she will enter the dying phase within days or several weeks at best. It has now been three months since Ms. McKinney was in the dying phase and it has been eight months since the ailing Ms. McKinney has been in hospice.  Moreover, and most importantly, Mr. McKinney states that he requests a continuance of the hearing until after the new year.  Given the fact that Ms McKinney has been in hospice and under death watch for eight months and it is now past the new year, Plaintiff's counsel requests this matter be heard and encourages this Court to review Plaintiff's counsel's proposal to narrow the issues in the above matter on Motions alone and for those issues which cannot be resolved without oral argument, have this case set for an oral argument on the next available Motions calendar.

WHEREFORE, Plaintiff prays as follows:
(a)  That this Court review said Motion for Hearing;
(b)  That this Court grant said Motion;
(c)  That this Court issue a Rule Nisi so that oral argument can be heard; and
(d)  For such other relief as the Court deems just under the circumstances.

Respectfully submitted,

Kevin T. Moore, P.C.
Georgia Bar No. 520036
Attorney for Plaintiff

6111 Peachtree Dunwoody Road, NE
Building C, Suite 201
Atlanta, Georgia  30328-4522
(770) 396-3622

CERTIFICATE OF SERVICE

Blah, Blah
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