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Dees Response to Excuses

Dees Response to Excuses

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Published by the kingfish
VHC's response to excuses
VHC's response to excuses

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Published by: the kingfish on Jul 18, 2014
Copyright:Traditional Copyright: All rights reserved


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Vicksburg Healthcare, LLC, d/b/a River Region Health System (“VHC”), Appellant,urges the Court to reject the excuses advanced by Clara Dees’ counsel, Michael Winfield,in his Response to Request to Show Cause filed on March 6, 2014, with regard to hisrepeated failure to file a brief in this case. The Court should deny any further extensionsand should rule on the appeal based solely on the VHC brief, for the following reasons:First of all, here is a time line showing the lack of diligence on the part of Mr.Winfield:Original Due Date for Appellee’s Brief 11/27/13Appellees Request for Extension 11/27/13Extended Due Date Granted by Court1/2/14(Missed by Mr. Winfield)Supreme Court Deficiency Notice to Mr. Winfield for Failure to File Brief Ordered to Show Cause by 1/22/141/8/14Manually Filed Motion for Extension Filed Mr. Winfield1/21/14E-Filed Motion for Extension by Mr. Winfield1/29/14
E-Filed Document Mar 11 2014 09:51:39 2013-IA-00181-SCT Pages: 5
Opposition to Extension by VHC1/29/14Order by Supreme Court GivingMr. Winfield Until 2/17/14 to File Brief and to Show Cause Regarding Sanctions2/3/14New Due Date (Missed by Mr. Winfield)2/17/14Letter to Court (Copy to Mr. Winfield) by VHC re Missed Deadline (Attached as Ex. Ahereto)2/21/14Response to Request for Show CauseFiled by Mr. Winfield (No Brief Filed)3/6/14As this time line reveals, Mr. Winfield has repeatedly missed deadlines set by the Courtand then came in after-the-fact to ask for mercy. The end result is that the Appellee’sBrief still has not been filed over three months after it was originally due and nearly onemonth after the last due date. VHC respectfully submits that the train must leave thestation at some point, and that point is past.Secondly, the “cause” which Mr. Winfield tries to show for missing yet anotherdeadline set by this Court does not stand up to scrutiny. His excuses are (1) that hisdaughter was diagnosed with cancer; (2) his brother was prosecuted on federal briberycharges for which he is now imprisoned; (3) he was involved in a divorce with his wife;and (4) he did not have a secretary because of financial hardships. As for his daughter,while VHC extends every sympathy to Mr. Winfield for his daughter’s cancer, he admitsthat his daughter became cancer free
 his brother – Paul Winfield, the formerMayor of Vicksburg — was prosecuted for bribery. The prosecution of Paul Winfield2
occurred in mid-2013 and was concluded by no later than November 19, 2013, when Mr.Winfield was sentenced by the United States District Court to 25 months in prison. Seenews article attached as Exhibit “B”. This was two weeks before the initial due date of the Appellee’s Brief. Thus, Michael Winfield had no reason to default on his brief basedon his daughter’s health.For the same is true regarding his brother’s criminal prosecution, because it wasover in November 2013. Moreover, there is no reason to believe that Michael Winfieldplayed any role in defending the criminal prosecution. Paul Winfield began serving hissentence on January 6, 2014, so the criminal prosecution could not have preventedMichael Winfield from complying with his obligations to this Court in January - March of this year.As for the divorce, the docket sheet from the divorce case attached as Exhibit “C”shows that Michael Winfield has been representing himself in the divorce and filingpleadings and discovery. If he is able to conduct these activities in his divorce case, whyshould he get a pass on obeying the orders of the Supreme Court of Mississippi?Finally, the excuse of not having a secretary in this day and time is a stretch of credibility. Vicksburg has a temporary agency (see Exhibit “D” hereto) from which Mr.Winfield could have hired a secretary to type his brief, if he could not type it himself. Mr. Winfield seems to have found a way to prepare and file pleadings in his own divorcecase, and he clearly could have done it here. The undersigned submits that not beingable to afford a secretary is not a good cause for default in an appeal and should not be3

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