Date Posted: June 24, 2025 08:17 AM

                       BURKE COUNTY SUPERIOR COURT CIVIL CALENDAR 
                         SESSION BEGINNING MONDAY, JULY 21, 2025
                       COURTROOM NUMBER 1, BURKE COUNTY COURTHOUSE
                              TOMMY DAVIS ,PRESIDING JUDGE 
             TRIALS AND MOTIONS BEGINNING MONDAY, JULY 21, 2025 AT 10:00 AM
                  TRIALS BEGINNING TUESDAY, JULY 22, 2025 @ 09:30 A.M.
                       THE HONORABLE TOMMY DAVIS, PRESIDING JUDGE
               _________________________________________________________
                                 CALENDAR PUBLISHED BY:
                        JUSTINA A. TATE, TRIAL COURT MANAGER, II
                    JUDICIAL DISTRICT 36/BURKE AND CALDWELL COUNTIES
                                  OFFICE: 828-433-3288
                                  FAX:    828-433-3217
                          EMAIL:  justina.a.tate@nccourts.org

                         RESIDENT COURT REPORTER:  LEANNA LYNCH

                             COURTROOM CLERK: LESLEE KANUPP

  RECEIPT OF THIS CALENDAR TO ANY PARTY WILL NOT BE CONSIDERED OFFICIAL NOTICE OF ANY
  PROCEEDING CONTAINED HEREIN. IT IS THE DUTY AND RESPONSIBILITY OF ALL PARTIES AND/OR
 COUNSEL OF RECORD TO PROVIDE NECESSARY AND APPROPRIATE NOTICE TO ALL PARTIES OF RECORD
                               FOR ANY CALENDARED ACTION.

                                        MOTIONS:

MOTIONS FOR CONTINUANCE OF CASES APPEARING ON THIS CALENDAR MUST BE DIRECTED TO THE TRIAL
                                     COURT MANAGER

                            BRIEFS/MEMORANDA/ALL MATERIALS:

 EMAIL DIRECTLY TO THE TRIAL COURT MANAGER NO LATER THAN TWO BUSINESS DAYS PRIOR TO THE
           HEARING ON THE MOTION. PLEASE COPY OPPOSING COUNSEL ON THE EMAIL.

                                    PROPOSED ORDERS:

 AFTER THE JUDGE HAS RULED, SEND PROPOSED ORDERS BY EMAIL TO THE TRIAL COURT MANAGER AT
    THE ADDRESS LISTED ABOVE. PLEASE COPY OPPOSING PARTIES AND COUNSEL ON THE EMAIL.

**THE TRIAL COURT MANAGER MUST BE NOTIFIED PROMPTLY, IN WRITING, OF SETTLEMENT AND WHEN
                               DISMISSALS WILL BE FILED.

**CHANGES ARISING AFTER THE FINAL CALENDAR HAS BEEN POSTED MUST BE MADE DIRECTLY TO THE
                    TRIAL COURT MANAGER BEFORE THE SESSION OF COURT.

 NOTICE:  EFFECTIVE JANUARY 2024, THERE WILL BE A MODIFICATION TO THE TRIAL AND MOTION
      SCHEDULES FOR BURKE AND CALDWELL COUNTY. PLEASE NOTE THE FOLLOWING CHANGES:

There will be a common trial calendar for both counties.  Peremptorily set cases will be
tried first and the order of the remaining cases will be determined the week prior to the
                                   scheduled session.

                                        TRIALS:

  All trials will now commence at 9:30 a.m. on Tuesday morning of every civil session.
This new start time will be in effect for all civil trials taking place in Burke County.

                                        MOTIONS:

All motions will now begin at 10:00 a.m. on Monday morning of every civil session.  This
adjustment seeks to streamline the motion proceedings and provide a consistent schedule
                               for all involved parties.
                                         Page 1

 In accordance with the Local Rules for Judicial District 36, the following dates have
       been set for calendaring of cases for MOTIONS AND TRIALS in Burke County:

                                UPCOMING CIVIL SESSIONS:

                                    AUGUST 11, 2025


Prepared June 24, 2025
=========================================================================================
# 1 _____________________________________________________________________________________

Tuesday, July 22, 2025
TIME: 09:30 AM

24-CVS-000631  PROGRESSIVE SOUTHEASTERN INS CO          DEBOARD,CAMILLA,F
               -VS-
               MACDONALD,HEATHER                        HIGLEY,DONALD,S,II
               TANNER,RYAN ESTATE OF                    HIGLEY,DONALD,S,II

EVENT: SCATD - SUPERIOR COURT TRIAL DATE

           DAYS SINCE FILING:   414

Next Court Date: __________________________  For: ________________________________

# 2 _____________________________________________________________________________________

Monday, July 21, 2025
TIME: 10:00 AM

25-CVS-000367  SMITHERS,DONALD,LEE                      CRAWFORD,TYLER
               -VS-
               BURKE CO BOARD OF ADJUSTMENT             PRO,SE
               LCS WIRELESS INC                         SCHWEHR,ANDREA,M
               MCGHEE,LAURA                             PRO,SE
               MCGHEE,JEFFREY                           PRO,SE

EVENT: SCMD - SUPERIOR COURT MOTIONS DATE

   ISSUES: INJU - INJUNCTION
           OTHR - STAY
           DISM - DISMISS (INVOLUNTARY)
           OTHR - MORE DEFINITIVE STATEMEN
           DISM - DISMISS (INVOLUNTARY)

           DAYS SINCE FILING:   110

           Motion to Dismiss (Schwehr: 20 minutes)

Next Court Date: __________________________  For: ________________________________




















                                                                                   Page 2
# 3 _____________________________________________________________________________________

Monday, July 21, 2025
TIME: 10:00 AM

25-CVS-000446  BROWN & BROWN HAULING LLC                HOGAN,JAMES,B
               CHRIS DENTON HAULING LLC                 HOGAN,JAMES,B
               -VS-
               BTR HAULING LLC                          PRO,SE
               LITTLE MOUNTAIN CONST LLC                PRO,SE

EVENT: SCMD - SUPERIOR COURT MOTIONS DATE

   ISSUES: CNTR - CONTRACT
           MNYO - MONEY OWED
           JOPL - JUDGMENT ON PLEADING

           DAYS SINCE FILING:    96

           Motion for Judgment on the Pleadings (Hogan: 20 minutes)

Next Court Date: __________________________  For: ________________________________



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