IN THE IOWA DISTRICT COURT FOR WASHINGTON COUNTY __________________________________________________
IN THE MATTER OF GUARDIANSHIP AND
CONSERVATORSHIP OF
JAMES PERRY DAVIS (WARD).
Case NO. 08921 GCPR002248
__________________________________ PLAINTIFFS' OPPOSITION TO DEFENDANT'S MOTION FOR CONTINUANCE _____________________________________
BACKGROUND
Davis filed her initial motion on April 19th, 2013 two years ago. At that time, Davis was seeking to remove the Guardian/Conservator and seek visitation with her brother James Perry Davis with whom she's been alienated from since their father passed away. The current law did not allow for this to be done. Since that time, Ms. Davis has worked with Senator Rob Hogg, creating the "James Perry Davis Bill" also known as SF306 which will go into Law on July 1rst, 2015. James Perry Davis and Ms. Davis have known each other for 29 years and have had a loving and strong bond. However, due to the wishes of the Guardian, Ms. Davis as well as other family members have not been able to see or speak with the Ward in fear of being charged with harassment and trespassing on behalf of the Guardians retaliation scheme. Ms. Davis notified the Defendant on June 15th, 2015 of the Motion for Visitation. The Defendant retired shortly after her late husband passed away and clearly had enough time to file a motion to continue in a timely matter and modify her upcoming out of state trip. Ms. Davis was scheduled to work on July 2nd but worked with her employer to take the day off. Ms. Davis will be missing out on lost wages due to this as well as others who wished to be present.
ARGUMENT
KerrDavis has made no effort to demonstrate good cause and her motion should be summarily denied as she has disregarded deadlines, postponed hearings and further delay resolution of this case. First, there is simply no reason to grant a last minute postponement based on KerrDavis scheduling to be out of state and the Wards camp schedule at the end of July as that will not interfere with the July 2nd hearing. Second, postponing the hearing will prejudice Petitioner by further delaying this case. The petitioner filed their motion on June 15th and on June 19th this Court scheduled the motion for hearing on July 2nd. The petitioner will be traveling from out of town and missing out on hours and her wage if the hearing is continued for a later date. Postponing the hearing will effectively deny the Petitioner the relief requested on June 15th.
CONCLUSION
For all these reasons, Kerr-Davis's motion lacks good cause and should be denied. Dated: CEDAR RAPIDS, IOWA JUNE 27, 2015.
Respectfully submitted,
_______________________
Misty Morgan Davis
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