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    The petitioners, William and Dorothy Evans and Carolyn Stump, filed an emergency motion for a hearing with the United States Court of Appeals for Veterans Claims. They claim that the Secretary of Veterans Affairs has allowed Greenfield Bank Company to withhold reimbursement of expenses and fail to pay other necessary expenses, putting the Evans' fundamental needs at risk. Duke Power has also appeared to shut off the Evans' power, posing a serious threat given the elderly couple's health and the hot weather. The petitioners request an immediate emergency hearing for the Secretary to explain his "repeated, gross, and now potentially lifethreatening negligence" and to order their bills be made current and any other relief deemed necessary by the Court.

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    The petitioners, William and Dorothy Evans and Carolyn Stump, filed an emergency motion for a hearing with the United States Court of Appeals for Veterans Claims. They claim that the Secretary of Veterans Affairs has allowed Greenfield Bank Company to withhold reimbursement of expenses and fail to pay other necessary expenses, putting the Evans' fundamental needs at risk. Duke Power has also appeared to shut off the Evans' power, posing a serious threat given the elderly couple's health and the hot weather. The petitioners request an immediate emergency hearing for the Secretary to explain his "repeated, gross, and now potentially lifethreatening negligence" and to order their bills be made current and any other relief deemed necessary by the Court.

    Copyright:

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    43 views2 pages

    Emergency Hearing Motion

    Uploaded by

    jim9121727
    The petitioners, William and Dorothy Evans and Carolyn Stump, filed an emergency motion for a hearing with the United States Court of Appeals for Veterans Claims. They claim that the Secretary of Veterans Affairs has allowed Greenfield Bank Company to withhold reimbursement of expenses and fail to pay other necessary expenses, putting the Evans' fundamental needs at risk. Duke Power has also appeared to shut off the Evans' power, posing a serious threat given the elderly couple's health and the hot weather. The petitioners request an immediate emergency hearing for the Secretary to explain his "repeated, gross, and now potentially lifethreatening negligence" and to order their bills be made current and any other relief deemed necessary by the Court.

    Copyright:

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    In The UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS William L. Evans, Dorothy J. Evans, and Carolyn S.

    Stump, Petitioners, v. Eric K. Shinseki, Secretary of Veterans Affairs, Respondent. ) ) ) ) ) ) ) ) ) ) )

    No. 11-1605 Motion For An Emergency Hearing

    The Secretary has betrayed the Courts trust.1 Despite repeated representations otherwise, the Secretary has allowed, if not encouraged, Greenfield Bank Company to withhold reimbursement of legitimate expenses and to fail to pay other expenses necessary for the Evanss fundamental needs of life. Now, Duke Power has appeared on the Evanss property to shut off their power. See attached service shutoff notice. It is a forecast 93 degrees today and the Evans are elderly and in poor health. Thus, pursuant to the Courts Rule of Practice and Procedure 27 and the authority of the All Writs Act (AWA), 28 U.S.C. 1651(a) Petitioners William L. Evans, Dorothy J. Evans, and Carolyn S. Stump move the Court for an immediate, emergency hearing at which Respondent Secretary Eric K.

    See Order (Jul. 15, 2011) at 3 (the Court trusts the Secretary will act on Petitioners complaints).

    Shinseki must explain his repeated, gross, and now potentially lifethreatening negligence in this matter. Secretarys counsel stated pursuant to Rule 27 that she is opposed to this motion and that the Secretary will file a response. The Evanss pray that the Court, if it requires a response, will consider the urgency of the matter in setting a time for one to be provided. WHEREFORE, Mr. and Mrs. Evans and Ms. Stump pray for the Court to grant their emergency motion, order the Secretary to appear at a hearing (telephonic if necessary), and to issue an order that he cause the Evanss bills to immediately be made current, and to order whatever other relief that the Court deems reasonable and necessary. Respectfully submitted, /s/ Douglas J. Rosinski Douglas J. Rosinski Ogletree, Deakins, Nash, Smoak & Stewart, P.C. 1320 Main Street, Suite 600 Columbia, SC 29201-3266 Telephone: 803.252.1300 Facsimile: 803.254.6517 douglas.rosinski@odnss.com Counsel for Petitioners Dated: August 24, 2011

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