Comes now separate and only Plaintiff, Laura Lynn Hammett, an individual, (called herein “Plaintiff” or the “Individual”) in pro se, and for her application to continue this case on the court’s calendar for good cause states as follows:

1. The Court issued a notice dated October 15, 2024 that the case will be dismissed pursuant to Rule 41, Arkansas Rules of Civil Procedure, for want of prosecution, unless application to continue and showing of good cause is made within 2 weeks of the date of notice.
2. Plaintiff is filing this application timely.
3. Good cause exists to continue the case on the court’s calendar.
4. A similar notice was issued and responded to in 2023. The same reasons apply, but there is further evidence that it is a violation of Hammett’s due process to allow Judge Susan Weaver to make any decisions on this case, or any case involving Hammett.
5. It is the Court who has failed to promptly dispose of the matters before her. Plaintiff has waited patiently for the Court to decide the Motion for Recusal filed September 27, 2021 and the Motions to Dismiss filed October 20, 2021 and October 28, 2021.
6. More importantly, there is a related case, Pietrczak v. Laura Lynn and Rural Revival Living Trust, 65-CV-21-20, that is on appeal, which addresses common issues with this case that should be decided consistently. The Court appears to have delayed and is now evading deciding the pending motions on the merits because the Court intends to make contradictory orders against Hammett on the two cases.
7. The Motion for Recusal was brought in major part because Judge Susan Kaye Weaver presiding “conspire[ed] [with Court Reporter Jana Perry and Pietrczak attorney William “Zac” White] to make an inaccurate transcription of the hearing of August 4, 2021 [in Pietrczak].” Motion for Recusal ¶ 1.
8. Plaintiff filed a lawsuit under 42 U.S.C. 1983 against Judge Weaver, Jana Perry and Pietrczak attorney William “Zac” White, Federal District Court for the Eastern District of Arkansas case no. 4:21-CV-857-BRW. The 1983 case was dismissed (erroneously) based on absolute judicial immunity and Rooker-Feldman. Plaintiff appealed. The appeal was denied summarily before briefing.
9. Plaintiff had an acute case of Hashimoto’s Disease which caused Plaintiff to be too fatigued to take the 1983 case further at that time. (Plaintiff is trying to recover by following a strict dietary protocol and using stress management techniques. The Court’s misconduct is a major stressor which exacerbates Hashimoto’s Disease and Plaintiff intends to file a second 1983 case because of the subsequent falsification of the transcript of the Pietrczak hearing held March 17, 2022.) There is a “Catch 22”, as legal work that addresses debilitating stress causes more stress.
10.  By relying on Rooker-Feldman for her defense in the 1983 suit, Judge Weaver should make a concerted effort to resolve the issue of whether falsification of the transcripts in one case concerning Hammett shows bias against Hammett by the conspirator judge.
11.     As shown on Court Connect, Shelter Mutual Insurance Company, (“Shelter”), filed an opposition to the Motion for Recusal on October 1, 2021.
12.  Jennings Insurance, Inc., (“Jennings”), filed an opposition to the Motion for Recusal on October 4, 2021.
13.  Plaintiff replied to the opposition to the Motion for Recusal on October 4, 2021.
14.   Shelter filed a Motion to Dismiss the Second Amended Complaint on October 20, 2021.
15.    Jennings filed a MTD to the SAC which adopted Shelter’s MTD at ¶ 5 on October 28, 2021.
16.    Plaintiff filed an opposition to the Shelter MTD on October 21, 2021 and an opposition to the combined Jennings MTD on November 9, 2021.
17.    Shelter filed a reply to the MTD on October 26, 2021.
18.    Shelter and Jennings each filed an answer to the SAC on October 21, 2021.
19.    Jennings filed a reply to the MTD on November 17, 2021.
20.    The Court failed to issue an order on the Motion for Recusal and the MTDs. There was no further activity since November 17, 2021.
21.    On September 21, 2021 the Court issued an order dismissing the First Amended Complaint with leave to amend. The Court required Plaintiff to add “Rural Revival Living Trust” as a necessary party pursuant to Ark. R. Civ. Proc. 19.
22.    Plaintiff added the Trustee of the Rural Revival Living Trust as a defendant, because Plaintiff personally paid the premium for the trustee after Shelter required the trustee to be named on the policy.
23.   In the Brief supporting the Jennings MTD, Jennings argues that Plaintiff naming the trust as a defendant is “axiomatic as suing oneself in any capacity raises the following questions — and many others.”
24.    In Pietrczak, Judge Susan Weaver dismissed Laura Lynn [Hammett] as a defendant, but then proceeded to find against the Rural Revival Living Trust by default. This is one issue on appeal, labeled the Common Defense Doctrine.
25.    It is a clear error and appearance of bias for the Court to agree Hammett as an individual and the trust are “oneself” in this case but treat Hammett as an individual and the trust as separate defendants with non-aligned interests in Pietrczak. The Court denied Hammett’s motion to intervene in Pietrczak. It is probable that Judge Weaver neglected to rule on pending motions in this case to evade providing Hammett with more reason to overturn the order in Pietrczak which transferred Hammett’s individual interest in the subject property to a man who gave a hand-written letter describing the fraud he was committing on Hammett to his attorney William “Zac” White.
26.    Also, the appearance of bias of Judge Susan Weaver and her refusal to settle the record by playing the audio recording of the falsified hearings in open court is an issue on appeal in Pietrczak that should affect the outcome of this case.
27.     The Pietrczak order that transferred Hammett’s individual rights in the property to the defrauding party was issued on April 7, 2022.
28.    The April 7, 2022 order was not final, technically. Neither was an April 14, 2022 order that simply denied any and all motions in the case. Because there was no notice of the Court’s motion to modify earlier orders, there was no modification of those orders. That includes the April 7, 2022 order.
29.       Laura said the order of April 14, 2022 was “confusing” in an “objection” filed April 16, 2022 and the notice of appeal filed April 18, 2022. Laura expressed that she thought the April 7, 2022 order was the judgment. “There are several post judgment motions that are allowed.” The court failed to clarify her meaning before the appeal was docketed.
30.       The court did not write “final order” or “judgment” on the April 14, 2022 order. The clerk, under direct supervision of Judge Weaver, failed to “close” the case on the docket and failed to file a disposition.
31.      A licensed attorney hired to represent the Rural Revival Living Trust on Pietrczak determined that the April 7, 2022 order was final.
32.       On June 10, 2022, Clerk Debbie Loggins allowed for execution of the April 7, 2022 order.
33.      On May 22, 2024, with no jurisdiction, Judge Weaver wrote that the case was still open and would be dismissed unless a party showed cause why not. Laura showed cause why the court should “Continue the Case on the Court’s Docket Pending Order on Appeal” on May 22, 2024. Laura said, “a final judgment was filed April 7, 2022” and that the case was docketed with the Court of Appeals. Docketing to the COA relieved Judge Weaver of jurisdiction.
34.     On June 7, 2024, the circuit court wrote: “A final order was entered April 14, 2022; a disposition sheet was never entered following the entry of the order. Due to no disposition sheet entered in the case, the case appeared to remain open.” (Filings entered after the record on appeal lodged.)
35.      Judge Weaver did not ask the appellate court, who had docketed the appeal almost 19 months earlier, for permission to make the clerical changes. The changes were not reflected in the record to the appellate court.
36.      The confusion and deception embodied in the orders written by Judge Weaver on Pietrczak show further evidence that Judge Weaver is not trying to deliver justice. She is delivering Hammett’s property rights to a represented party, who presumably transferred a significant portion of the proceeds from selling the property Hammett had a right to to a third party, to the attorney.     

Brief

     The June 7, 2024 order was entered “during the pendency of an appeal”, after the appeal was docketed, with no “prior notice to all parties” and no “leave of the appellate court”. The circuit court lacked jurisdiction. The June 7, 2024 order is of no effect. Rule 60 – Relief from Judgment, Decree or Order, Ark. R. Civ. P. 60(b)

     ARCP Rule 41 “Section (b) also marks a significant variation from FRCP 41(b). Under this rule, the trial court has the right to dismiss on its own motion a claim for failure to prosecute the action or failure to comply with these rules or any order of the court. Under the Federal Rule, such dismissal must be on motion of the defendant or other party affected.” Reporter’s notes to Rule 41. Judge Susan Weaver is abusing her power by calling her own failure to decide the matters assigned to the judge as required by Judicial Code of Conduct Rule 2.7 a failure of the litigant to prosecute.

     “A judge shall act at all times in a manner that promotes public confidence in the [] impartiality of the judiciary [].” Judicial Code of Conduct 1.2. Deciding two cases involving the same litigant and the same issues differently is a clear indication of bias. Refusal of this Court to issue the contrary ruling on this case until after the appeal of the related case and taking it a step further by dismissing this case on false grounds violates the Rules of Judicial Conduct and the Plaintiff’s fundamental Constitutional right to equal protection under the law.

     Wherefore, Plaintiff asks this Court to continue the proceedings on its calendar, and to issue a reasoned order on the two pending motions, considering the orders made in Pietrczak in the interim.

Respectfully submitted,                           October 27, 2024

Laura Lynn Hammett

16 Gold Lake Club Road

Conway, Arkansas 72032

(760) 966-6000

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