PLAINTIFF'S DECLARATION SUPPORTING MOTION TO SET ASIDE ENTRY OF PARTIAL SUMMARY JUDGMENT
Donald L. Thompson declares:
1. I am the Plaintiff Pro-Se in this action and am authorized to make this declaration. I have personal knowledge of all facts stated in this declaration and can and will, when needed, testify to same.
2. The Entry of Partial Summary Judgment in this action was not proper due to the lack of the essential elements of "Due Process" which are notice and opportunity to defend. On April 27, 1996, I received Defendant's Motion for Partial Summary Judgment along with Notice of Hearing for same. I immediately tried to contact Defendant's attorney to inform him that I was broke down and stranded in Ft. Worth, Texas, some 900 miles away, and could not possibly attend the hearing. I continued to do so, leaving messages, for the next 3 days with no results. Defendant's attorney would not return my calls or contact me in any way. I tried to contact the Court for 2 days with the same results. I did get the Clerk of the Court to make note in the case file that I had tried with due diligence to notify everyone involved that there was no way I could attend the scheduled hearing, and to get it set for later date. I was unable to attend, defend myself or present evidence at the hearing.
3. I was not aware that the hearing had been held, without my presence, until June 20, 1996. This was when I asked the Court the status and was told what had happened. I asked the Court for something on paper since I had never received any kind of notice. The Court then ordered Defendants attorney to send me a copy of the Judgment. I needed this so as to know what to appeal, and have waited patiently ever since for same. Finally, on February 13, 1998, I received the copy of the Order for Partial Summary Judgment as ordered by the Court.
4. I have been unable to prepare affidavit facts essential to justify my opposition due to lack of discovery allowed by defendants.
Now before the expiration of 21 days after proper notification of Partial Summary Judgment (2-13-98), I hereby show objection to same and ask this Court to grant my Motion to Set Aside Entry of Partial Summary Judgment.
I declare under penalty of perjury under the laws of the State of Texas that the foregoing is true and correct.
Date:______________
_________________________________
Donald L. Thompson, Plaintiff, PRO-SE
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