Date Posted: September 25, 2025 11:45 AM BURKE COUNTY SUPERIOR COURT CIVIL CALENDAR SESSION BEGINNING MONDAY, NOVEMBER 10, 2025 COURTROOM NUMBER 1, BURKE COUNTY COURTHOUSE TOMMY DAVIS ,PRESIDING JUDGE TRIALS AND MOTIONS BEGINNING MONDAY, NOVEMBER 10, 2025 AT 10:00 AM TRIALS BEGINNING WEDNESDAY, NOVEMBER 12, 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: DECEMBER 8, 2025 Prepared September 25, 2025 ========================================================================================= # 1 _____________________________________________________________________________________ Monday, November 10, 2025 TIME: 10:00 AM ARB/MED: TIMOTHY S. KINCAID 17-CVS-001335 BURKE CO OF ROHR,TIMOTHY,J -VS- PADGETT,JAMES,DEAN JONES,BRYAN,F EVENT: SCMD - SUPERIOR COURT MOTIONS DATE ISSUES: CNTP - CONTEMPT DAYS SINCE FILING: 2877 PREVIOUSLY SCHEDULED: 222 TIMES Motion for Contempt (Rohr: 15 minutes) Next Court Date: __________________________ For: ________________________________ # 2 _____________________________________________________________________________________ Monday, November 10, 2025 TIME: 10:00 AM 25-CVS-000794 MONEY MAN LLC PETTIT,WILLIAM,W -VS- MITCH COLES REAL ESTATE INC PRO,SE COLES,MITCHELL,L PRO,SE EVENT: SCMD - SUPERIOR COURT MOTIONS DATE ISSUES: OTHR - MOTN SET ASIDE ORDER APT SADJ - SET ASIDE DEFAULT JUDGMENT CNTP - CONTEMPT SHOW - SHOW CAUSE CNTP - CONTEMPT CNTP - CONTEMPT DAYS SINCE FILING: 121 Motion to Show Cause and Expand Receivership (Pettit: 20 minutes) Motion for Contempt: (Cole: 15 minutes) Motion to Stay (Coles: 15 minutes) Next Court Date: __________________________ For: ________________________________ ***END***