Date Posted: October 17, 2024 04:21 PM BURKE COUNTY SUPERIOR COURT CIVIL CALENDAR SESSION BEGINNING MONDAY, NOVEMBER 18, 2024 COURTROOM NUMBER 1, BURKE COUNTY COURTHOUSE ROBERT C. ERVIN ,PRESIDING JUDGE TRIALS AND MOTIONS BEGINNING MONDAY, NOVEMBER 18, 2024 AT 10:00 AM TRIALS BEGINNING TUESDAY, NOVEMBER 19, 2024 @ 09:30 A.M. THE HONORABLE ROBERT C. ERVIN, 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 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 16, 2024 Prepared October 17, 2024 ========================================================================================= # 1 _____________________________________________________________________________________ Tuesday, November 19, 2024 TIME: 09:30 AM 22-CVS-001495 BRECKENRIDGE HOMES INC MOORE,WILLIAM,E,JR -VS- ARROWOOD,RICHARD,BRIAN LECROY,M,ALAN ARROWOOD,SUSAN,OXFORD LECROY,M,ALAN EVENT: SCATD - SUPERIOR COURT TRIAL DATE ISSUES: ATFE - ATTORNEY FEES COST - COURT COSTS OTHR - UNJUST ENRICHMENT CNTR - CONTRACT OTHR - TREBLE DAMAGES COST - COURT COSTS ATFE - ATTORNEY FEES OTHR - COMPENSATORY DAMAGES PDAM - PUNITIVE DAMAGES DISM - DISMISS (INVOLUNTARY) CNTN - CONTINUE CMPL - COMPEL SUMJ - SUMMARY JUDGMENT DAYS SINCE FILING: 685 Jury: 2-3 days Next Court Date: __________________________ For: ________________________________ Page 2 # 2 _____________________________________________________________________________________ Tuesday, November 19, 2024 TIME: 09:30 AM 22-CVS-001134 TRI-COUNTY PAVING INC TERRY,DON,R OLANG,RAY MORGANTON CITY OF VINAY,LOUIS,E,JR -VS- MORGANTON CITY OF VINAY,LOUIS,E,JR MCMAHON, LAWRENCE, D., JR. DEPT OF TRANSPORTATION NC ARMSTRONG,STEVEN,A EVENT: SCATD - SUPERIOR COURT TRIAL DATE ISSUES: CNTR - CONTRACT OTHR - QUANTUM MERUIT OTHR - DAMAGES COST - COURT COSTS CMPL - COMPEL DAYS SINCE FILING: 769 Next Court Date: __________________________ For: ________________________________ # 3 _____________________________________________________________________________________ Monday, November 18, 2024 TIME: 10:00 AM 24-CVS-000846 COVENEY,OLIVIA LAMM,PETER COVENEY,TIFFANY LAMM,PETER -VS- NETHERTON,GREGORY ROTENSTREICH,JOSHUA,COLLINS EVENT: SCMD - SUPERIOR COURT MOTIONS DATE ISSUES: MVNG - MOTOR VEHICLE NEGLIGENCE OTHR - COURT APPROVAL DAYS SINCE FILING: 122 Court Approval of Minor Settlement WebEx (Rotenstreich: 15 minutes) Next Court Date: __________________________ For: ________________________________ ***END***