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IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

WICHITA FALLS DIVISION 

CORNELIUS CAMPBELL BURGESS, 

 Plaintiff, 

 v. 

FEDERAL DEPOSIT INSURANCE 

CORPORATION; MARTIN J. 

GRUENBERG, in his official capacity as 

Acting Chairman of the FDIC; MICHAEL J. 

HSU, in his official capacity as a Director 

of the FDIC; ROHIT CHOPRA, in his 

official capacity as a Director of the FDIC; 

and JENNIFER WHANG, in her official 

capacity as an Administrative Law Judge, 

 Defendants. 

Civil Action No. 7:22-cv-00100-O 

The Honorable Reed O’Connor, 

United States District Judge, Presiding 

NOTICE OF REQUEST FOR HEARING ON PLAINTIFF CORNELIUS 

CAMPBELL BURGESS’S MOTION FOR RECONSIDERATION 

On December 2, 2022, Plaintiff Cornelius Campbell Burgess filed his Motion for 

Reconsideration (ECF No. 53) and Memorandum in Support (ECF No. 54) asking this Court to 

reconsider its Order granting in part and denying in part his Motion for Preliminary Injunction 

(ECF No. 31). In his Reconsideration Motion, Mr. Burgess respectfully requests that the Court 

alter or amend that Order so as to find that he is entitled to a preliminary injunction with respect 

to Counts 1 and 2 of his Complaint (ECF No. 1), in addition to Count 3. Defendants filed an 

Opposition to the Reconsideration Motion on January 13, 2023 (ECF No. 66), and Mr. Burgess 

filed his Reply on January 27, 2023 (ECF No. 68). The Motion is now fully briefed. 

Case 7:22-cv-00100-O Document 69 Filed 01/30/23 Page 1 of 5 PageID 1063
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Mr. Burgess respectfully requests that this Court set Plaintiff’s Reconsideration Motion for 

hearing and oral argument. Counsel for Mr. Burgess is available to appear in person for a hearing 

any time between February 7 and February 10, or at a sooner time if provided with sufficient 

advance notice. 

On January 27, 2023, counsel for Mr. Burgess contacted counsel for Defendants to 

ascertain their position on a potential oral hearing. On January 30, 2023, counsel for Defendants 

provided the following statement for inclusion in the Certificate of Conference: 

Briefing on the FDIC’s motion to dismiss concludes February 17, 2023. DE 58. If 

this court determines oral argument is warranted on the motion for reconsideration, 

the FDIC submits the Court should hold oral argument on the FDIC’s motion to 

dismiss at the same time as argument on the motion for reconsideration at a date 

after February 17, 2023. The motion to dismiss briefing covers the same arguments 

in the motion for reconsideration and includes other dispositive arguments. If this 

Court decides to hold argument on the motion for reconsideration prior to the 

conclusion of briefing on the motion to dismiss, the FDIC respectfully requests 

argument be scheduled for the week of February 13. If the Court prefers to hear 

oral argument during the week of February 6, the FDIC requests that the hearing 

take place on February 10. 

Mr. Burgess’s position is that it would not be appropriate to consolidate the oral hearings on his 

Reconsideration Motion and Defendants’ motion to dismiss, because the latter motion will not 

become fully briefed until February 17, 2023. As Mr. Burgess recently explained in his reply in 

support of his Reconsideration Motion, this Court retains the option to issue an “indicative ruling” 

on the Reconsideration Motion pursuant to Federal Rule of Civil Procedure 62.1. ECF No. 68 at 

2-4. If such a ruling is issued, it could potentially result in suspension of the pending Fifth Circuit 

proceedings. The interests of judicial economy therefore favor a procedure that allows this Court 

to resolve the pending Reconsideration Motion as soon as possible. For that reason, Mr. Burgess 

respectfully submits that an oral hearing on his Reconsideration Motion should not be delayed 

while the Court waits for the Defendants’ motion to dismiss to become fully briefed. 

Case 7:22-cv-00100-O Document 69 Filed 01/30/23 Page 2 of 5 PageID 1064
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Dated: January 30, 2023 Respectfully submitted, 

 /s/ Manuel G. Berrelez 

Michael A. Heidler (TX Bar No. 24059921) 

 Email: mheidler@velaw.com 

VINSON & ELKINS LLP 

200 West 6th Street, Suite 2500 

Austin, Texas 78701 

Telephone: (512) 542-8579 

James T. Dawson (TX Bar No. 24094618) 

Pro Hac Vice (DC Bar No. 1602502) 

 Email: jamesdawson@velaw.com 

VINSON & ELKINS LLP 

2200 Pennsylvania Avenue, NW 

Suite 500 West 

Washington, DC 20037 

Telephone: (202) 639-6588

Manuel G. Berrelez (TX Bar No. 24057760) 

Email: mberrelez@velaw.com 

Thomas P. Mitsch (TX Bar No. No. 24102218) 

Email: tmitsch@velaw.com 

James F. Hopper (TX Bar No. 24116535) 

Email: jhopper@velaw.com 

Madelyn C. Stanley (TX Bar No. 24121529) 

Email: mstanley@velaw.com 

VINSON & ELKINS LLP 

Trammell Crow Center

2001 Ross Avenue, Suite 3900

Dallas, Texas 75201

Telephone: (214) 220-7700 

Facsimile: (214) 220-7716 

Counsel for Plaintiff Cornelius Campbell Burgess

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CERTIFICATE OF CONFERENCE

Pursuant to Local Civil Rule 7.1(b), I hereby certify that I contacted Mr. Andrew Dober, 

counsel for all Defendants, to ascertain Defendants’ position on a potential oral hearing concerning 

Mr. Burgess’s Reconsideration Motion. On January 30, 2023, Mr. Dober relayed the following 

paragraph concerning his clients’ position: 

Briefing on the FDIC’s motion to dismiss concludes February 17, 2023. DE 58. If 

this court determines oral argument is warranted on the motion for reconsideration, 

the FDIC submits the Court should hold oral argument on the FDIC’s motion to 

dismiss at the same time as argument on the motion for reconsideration at a date 

after February 17, 2023. The motion to dismiss briefing covers the same arguments 

in the motion for reconsideration and includes other dispositive arguments. If this 

Court decides to hold argument on the motion for reconsideration prior to the 

conclusion of briefing on the motion to dismiss, the FDIC respectfully requests 

argument be scheduled for the week of February 13. If the Court prefers to hear 

oral argument during the week of February 6, the FDIC requests that the hearing 

take place on February 10. 

Respectfully submitted, 

/s/ Manuel G. Berrelez 

Manuel G. Berrelez (Texas Bar No. 24057760) 

 Email: mberrelez@velaw.com 

Counsel of Record 

VINSON & ELKINS LLP 

Trammell Crow Center 

2001 Ross Avenue, Suite 3900 

Dallas, Texas 75201 

Telephone: (214) 220-7700 

Facsimile: (214) 220-7716 

Case 7:22-cv-00100-O Document 69 Filed 01/30/23 Page 4 of 5 PageID 1066
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CERTIFICATE OF SERVICE 

I hereby certify that on this 30th day of January, 2023, I caused the foregoing document to 

be filed with the Clerk of the U.S. District Court for the Northern District of Texas via the Court’s 

CM/ECF system, which will notification of such filing to be send to all counsel and parties of 

record registered to receive such notices. 

 Dated: January 30, 2023 Respectfully submitted, 

/s/ Manuel G. Berrelez 

Manuel G. Berrelez (Texas Bar No. 24057760) 

 mberrelez@velaw.com 

VINSON & ELKINS LLP 

Trammell Crow Center 

2001 Ross Avenue, Suite 3900 

Dallas, Texas 75201 

Telephone: (214) 220-7700 

Facsimile: (214) 220-7716 

Counsel for Plaintiff Cornelius Campbell Burgess 

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