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No. 03-14-00737-cv

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IN THE THIRD COURT OF APPEALS

AUSTIN, TEXAS

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CHASE CARMEN HUNTER v. ELEANOR KITZMAN IN HER OFFICIAL

CAPACITY AS COMMISSIONER OF INSURANCE, JULIA RATHGEBER

IN HER OFFICIAL CAPACITY AS COMMISSIONER OF INSURANCE,

AND THE TEXAS DEPARTMENT OF INSURANCE

MOTION FOR ASSISTANCE WITH SCHEDULING REQUIRED HEARING

IN THE UNDERLYING COURT

From Cause D-1-GN-13001957 In The 250th District Travis

County, Texas, The Honorable John K. Dietz Presiding

Chase Carmen Hunter, pro se

340 S. Lemon Ave. #9039

Walnut, CA 91789

Telephone: 707-706-3647

Facsimile: 703-997-5999

Chase_Hunter@yahoo.com

ACCEPTED

03-14-00737-CV

4019153

THIRD COURT OF APPEALS

AUSTIN, TEXAS

2/4/2015 1:33:11 PM

JEFFREY D. KYLE

CLERK

 RECEIVED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 2/4/2015 1:33:11 PM JEFFREY D. KYLE Clerk
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TO: THE JUSTICES OF THIS COURT

On about January 21, 2015, Hunter received a notice via

email from this court that included an “Order and

Memorandum Opinion” which stated that the underlying

court was directed to hold a hearing on the

Respondents’ challenge to Hunter’s motion to proceed in

this appeal without prepayment of fees (“Motion IFP”).

Hunter has not received from the Respondents their

challenge of Hunter’s Motion IFP which they apparently

filed with this Court according to the “Order and

Memorandum Opinion”.

On January 29, 2015, at 3:09 pm CST, Hunter received a

voicemail message from Warren Vavra who is the court

administrator for the underlying court. His voicemail

message stated only that he was calling to schedule a

hearing and that he had a variety of dates to choose

from. But he did not leave the dates in his voicemail

message. He did not contact Hunter in writing.

On January 30, 2015, Hunter faxed a letter to Mr. Vavra

at 512-854-9332 which stated that Hunter had received

his voicemail message, that Hunter had not received the

Respondents’ challenge to Hunter’s Motion IFP, that

Hunter asked that the Respondents be directed to email

their challenge to Hunter at chase_hunter@yahoo.com ;

that Hunter be given 10 days to respond in writing to

said challenge, and that Mr. Vavra provide Hunter, via

facsimile at 703-997-5999, a list of possible hearing

dates to hold the hearing on the Respondents’ challenge

during which Hunter would appear by telephone.

As of yesterday’s date, the end of business on February

3, 2015, [which was the date Hunter first attempted to

file the foregoing with the clerk] Hunter has received

no correspondence from Mr. Vavra.
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Hunter copied Cynthia Morales who is an attorney for

the Texas Attorney General’s office on the

aforementioned fax sent to Mr. Vavra.

Hunter has received no correspondence from Ms. Morales

as of 2/3/2015.

Hunter attempted to file this document on 2/3/2015 [and

served the Respondents with this attempted document]

but it was rejected by the clerk for non-compliance

with Tex. R. App. P. 10.1(a)(5) [even though the

document itself was certified and specifically outlined

attempts to conference on the issues].

Since the clerk’s rejection received on 2/4/2015,

Hunter has supplemental information as follows:

Hunter received an email from Ms. Morales on 2/4/2015

at chase_hunter@yahoo.com in which she stated that she

mailed the challenge to Hunter’s Motion IFP to an

incorrect address which Hunter believes was an innocent

mistake.

Ms. Morales emailed documents to Hunter at

chase_hunter@yahoo.com on 2/4/2015 which appear to

provide the documents that Hunter describes herein but

Hunter has not had time to review the documents yet.

Ms. Morales stated that she mailed said documents to

Hunter via regular first-class mail and certified mail

on 2/4/2015 to the correct mailing address for Hunter.

WHEREFORE, Hunter enters this request that this court

direct the underlying court to communicate with Hunter

in writing.

As has been explained in this appeal, the clerk of the

underlying court has inserted fraudulent documents into

the record and has refused to provide Hunter with

services that the clerk is statutorily required to

provide. In addition, the judge of the underlying
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court has refused to respond to any motions Hunter has

filed with the underlying court and with the judge

directly. For these reasons, all communications with

the underlying court must be in writing.

Respectfully Submitted,

/s/ Chase Carmen Hunter

Chase Carmen Hunter

Appellant, pro se

340 S. Walnut Ave. #9039, Walnut, CA 91789

Tel: 707-706-3647, Fax: 703-997-5999

Email: Chase_Hunter@yahoo.com

CERTIFICATION

I, Chase Carmen Hunter, swear under penalty of perjury

that the foregoing statements are true and correct.

__________________ 2/4/2015

Chase Carmen Hunter

CERTIFICATION PURSUANT TEX R. APP. P. 10.1(a)(5)

I, Chase Carmen Hunter, certify that I did attempt to

resolve the issues described herein as described herein.

I did contact Mr. Vavra, the Respondents, and Cynthia

Morales by email and/or facsimile as described herein

on January 30, 2015, to discuss the issues described

herein prior to filing this motion; and I received no

response from Mr. Vavra and received a response from Ms.

Morales on 2/4/2015 as described herein.

__________________ 2/4/2015

Chase Carmen Hunter

CERTIFICATE OF SERVICE
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I HEREBY CERTIFY that a true and correct copy of the

foregoing was served upon the parties shown below as

indicated on February 4, 2015:

Eleanor Kitzman, Julia Rathgeber, and the Texas

Department of Insurance

By email on January 15, 2015 at

ChiefClerk@tdi.state.tx.us

Facsimile: 512-490-1064

Cynthia A. Morales

Assistant Attorney General

By Email on January 15, 2015 at

Cynthia.Morales@texasattorneygeneral.gov

Facsimile: (512) 477-2348

Chase Carmen Hunter