Friday, January 11, 2019


MIKE HERNANDEZ PAYS HIS DRUNK MOUTH PIECE TO LIE AND LITIGATE HIS LAWSUIT AGAINST ME IN BLOGS INSTEAD OF THE COURTROOM

UPDATE:  Hernandez orders McHale to respond to my post. .First after the Texas Workforce Commission investigated Overhead Doors claims against my roommate they dismissed them and reinstated his unemployment.

MCHALE LIES BECAUSE HERNANDEZ LIES:

FACT:  OVERHEAD NEVER FILED A MOTION FOR SUMMARY JUDGMENT - MCHALE JUST LIES

FACT:  My roommate never took an appeal to the Second Court of Appeals. He filed a mandamus with the 13th Court of Appeals, as permitted under the rules.  The court ruled it was not going to get to the merits and wait for the  the appeal.  The appeal has been filed.  A filing schedule has been filed.  Mandamuses are denied quite fast.  In today's orders after more than a week to review it the Texas Supreme Court did not deny the mandamus.  Why? RULE 65. SUBSTITUTED INSTRUMENT TAKES PLACE OF ORIGINAL "Unless the substituted instrument shall be set aside on exceptions, the instrument for which it is substituted shall no longer be regarded as a part of the pleading in the record of the cause."

The only motion to dismiss was filed on the First Amended Original Petition which was made void on the Second and Third Amended Original Petitions.  Although warned repeatedly to fix the problem Norton Colvin's employee refused and went forward.  The question before the Court of Appeals is, can a trial court dismiss a non-existed lawsuit.  Norton Colvin is in for a battle which will define his career and not in a good way.  The corruption will end.  He was informed Teri Danish was lying to the court and mislead the court as to the law, but turned a blind eye.  Yes, this is how Norton Colvin practises law.

McHale you painted myself and my roommate in a false light with lies.  We will see you in court.  You can bank on it.  Retract your post and admit you are a pathological liar.  The proclamation you never heard of the term political whore makes you look like the fool you are.

Money is not an issue McHale, and other than Hernandez defending you there is not one attorney in town who will give you the time of day.

AND FOR THE RECORD:

Mike Hernandez abandoned the lawsuit he filed against me.  Once he was out about $50,000 in attorneys fees with no remedy he abandoned the lawsuit.  He has done nothing to pursue the lawsuit.  McHale would never ask him why because Hernandez would threaten him with a suit.

No court has ordered I pay Mike Hernandez a penny.  No court has ruled any of Mike Hernandez's claims to be true or actionable.  Why?  Because he abandoned his lawsuit.  He will easily pay an additional $100,000 in attorneys fees before a federal judge finally ends this.

McHale is mad because his fake friend Ben Neece abandoned him after Mike sued him so McHale agreed to self censorship.  A true journalist who believes in free speech.  Ben Neece claims to be fighting for justice but only when people produce money.  I never ask for money.  Ben Neece puts his hand out like a speeding bullet.  Ben only works for free when it will help him.

Hernandez should have his trained monkeys McHale and Montoya publishing this truth but they will run cover for Ben Neece.  The corruption at city hall always promoted by McHale and Montoya for money needs to end and end now.

TO NORTON COLVIN:  David Sanchez is nothing more than his boytoy.  I make this commitment every judge who ignores the law at Norton Colvins demand will be outed as one of his boytoys.  He does not practice law, he practices  corrupting the judicial process.

Original Post

Lets remember what Montoya said about Mike Hernandez before he was put oin his payroll to lie and spin the fact Hernandez has abandoneded his lawsuit against me because he is now out at least $60,000.



Lets remember Mike Hernandez's racist defense of Cesar De Leon's use of the N word against two ADA.


Based on the totality of what you are about to read which went down yesterday I am convinced Robert Sanchez told  the truth when he texted me the following.  Now Sanchez having about the same IQ level as Hernandez under threat from Hernandez stated I forced him to say the following.  But reality is still reality.  My stored texted messaging clearly shows in rapid fire Sanchez started to text me.  I had not texted him.  He initiated this.  He then demanded $25,000 for proof of what he said about Mike Hernandez being a drug addict.  What went down yesterday in court can only be explained by a drug addicted mind or a sociopath.


MIKE HERNANDEZ ATTACKS DISABLED VET FACING POSSIBLE DEEP BRAIN STIMULATION AND OR SHUNTING FOR NORMAL PRESSURE HYDROCEPHALUS TO DEFEND HIS CON ARTIST CONTROL OF BROWNSVILLE LIMITED RESOURCES ALONG WITH CARLOS MARIN WHO HAS BEEN REPEATEDLY ACCUSED BY MONTOYA AND MCHALE OF DEFRAUDING BROWNSVILLE OUT OF MILLIONS

FACT: Mike Hernandez sued me thinking I would fold like the eunuch Jerry McHale and then abandoned his lawsuit as his attorneys fees grew to what is now probably over $60,000.  Mike Hernandez has done nothing to move his lawsuit along?  Why?  He knows he has nothing.  This fact Montoya has a paid drunk will never print because Mike Hernandez will stop feeding his alcohol addiction.

FACT:  MIKE HERNANDEZ SUPPORTS US WORKERS BEING FIRED FOR SPEAKING ENGLISH ON THE JOB, AND BEING DENIED ANY BREAKS FOR 14 HOUR DAYS

My roommate is not a relative of mine.  Montoya just lies because that is what Mike Hernandez tells him to do.  While settlements are confidential JCP had to reach a settlement agreement with OSHA because of my roommate's complaint.  The store manage who is still the store manager allowed the OSHA violations to continue so he filed the complaint.  The nature of the OSHA violations were such a major explosion could have occurred in the warehouse which he was responsible for.  JCP realizing no one would accept a store manager job because it is on its way out, offered my roommate the same supervisory job at another store in Harlingen.   They realized given the proven accusations they could not work together, and she who remains the store manager could not be replaced given the lack of interest in anyone in management working for a company going out of business.

Further, you can call the settlement a lot of things, but nuisance is not one of them.  A nuisance settlement does not include months of paid leave pending the investigation, unemployment, a letter of recommendation from the CEO of JCP, and a cash payment.  Facts Montoya would never tell you.

THE OTHER LIES

FACT:  I am practicing before the Texas Supreme Court with my Bar license.  The claim that my roommate lied about this is false and was designed to discredit him in his claims against Overhead.  The pleadings are before the Texas Supreme Court clearly show my Bar number on the pleadings.  I refuse to even discuss the matter with the State Bar.  My negotiations are with the Texas Supreme Court.  They are waiting on a filing which has been delayed because of my health.  Mike Hernandez will pay for that lie to discredit my roommate's reputation with a lawsuit in Cameron County.

FACT:  In the case of Overhead on the morning of the third day my roommate was fired after responding to the the Matamoros supervisor in English.  Mike Hernandez finds this acceptable. Montoya does not tell you this because he knows it will discredit Hernandez and anger you to know Overhead finds this acceptable.  He worked two 12-14 hour days with no breaks.  Texas and federal law does not require breaks regardless of how many hours you work.  Under federal law it is a state issue.  Mike Hernandez clearly supports this form of slavery of working workers until they drop.

Further there is no lawsuit filed by my roommate alleging discrimination based on National Origin.  This is just another lie by Mike Hernandez and Montoya to discredit my roommate.

The facts in the Overhead case show that my roommate by day two identified the problem with inventory control causing for so much overtime and deliveries of parts not going out to Matamoros for assembly.  The report was submitted according to policy to corporate.  They agreed to send  two corporate officials to investigate. My roommate was hired because of his expertise in this area.

THE HERNANDEZ LAWSUIT

Montoya wants you to believe I mislead the court about my health.  Why in hell would I cancel a hearing to transfer the case to Cameron county knowing full well that had it been denied I had the right to another costly appeal for Hernandez?  It makes no sense.

I also had set two motions for Summary Judgment.  One was on the merits of the case.  Mike Hernandez incompetent lawyers did not even oppose my first stated reason which meant as a matter of law I won.  Why would I not want to be  there knowing they did not even oppose my first reason for summary judgment?  It would have ended the case.

The second reason, which was not necessary to prevail was on no evidence.  Mike Hernandez put before the court not one piece of evidence I defamed him.  Mike also lied under oath again.

Conclusory statements are not evidence to defeat summary judgment.  So when Mike Hernandez signed an affidavit saying he is not a con artist, it was inadmissible as evidence because it was conclusory.  The law requires he put on verifiable evidence that the facts I listed to justify calling him a con artist were not true.  I would then be allowed to file my supporting evidence. Mike Hernandez's lawyers knew they had no defense to my summary judgment which is why they did not even oppose the first reason, and failed to put on any evidence to refute my claims.  

Mike swore he never engaged in voter fraud.  That is a conclusory statement and not evidence.  He had to put on evidence refuting my specific stated facts supporting voter fraud.  His lawyers never did that.  Beyond that the alleged voter fraud claim was not actionable.  The US Supreme Court and Texas Supreme Court have found there is no actionable cause of action when the claim on its face is so absurd no one would believe it.

MIKE HERNANDEZ EFFECTIVELY CALLS THE PEOPLE OF BROWNSVILLE THE DUMBEST PEOPLE ON EARTH 

His allegation was I defamed him when I published a satirical piece claiming he was giving million dollar bills [they do not exist by the way] to politiqueras to collect votes for his candidates.  Now with an estimate population of 220,000 people in Brownsville what kind of dumb ass would believe this?  And that is the standard.  The courts have made clear you make the claim absurd which no reasonable person would believe so as to avoid liability.

Apparently Mike Hernandez is dumb enough to believe if he reads such a thing it is true.

WHERE DOES MIKE AND HIS WIFE KELLY  LIVE

I am so looking forward to the deposition his wife.  I get to do this because she signed the deed that she and Mike own a home on South Padre at at 8450 Breakers Blvd.  Mike also told the Herald he lives on South Padre.  This is all contrary to his affidavits that he only lives in Tarrant county.  Under the law because there is conflicting statements and information as to his sworn statement his Affidavit is thrown out as a Sham Affidavit.  Mike had zero admissible evidence to defeat my Motion for Summary Judgment.  So given this hard core reality why would I want to miss the hearing?

The medical documentation is real and was submitted to the court under seal and subject to HIPPA violations if released.  Yea Mike makes sure Montoya leaves this out so as to discredit me.

Bottom line is Mike Hernandez has abandoned his lawsuit because he has nothing.  He then pays his drunk whore to lie and make it appear as if I am the one running scared.  No sir, I wanted to be there yesterday.  I put before the court my bus tickets.  I agreed to this date even though I am under a written restriction to travel until February due to the spinal surgery.  Flying is 100% out of the question for now.  Too much turbulence can cause damage to the spinal repair. 

So why does Mike lie as if it is a moral commandment from God?., because he is a a fraud and a con artist.

WHO ARE MIKE'S WHORES DOING HIS DIRTY WORK TO TAKE CONTROL OF THE COB AND GBIC?

CHARLIE CABLER


CESAR DE LEON

RICK LONGORIA



JESSICA TETREAU KALIFA


GUYS THIS STORY WILL PLAY OVER AND OVER AGAINST EACH OF YOU THROUGH THE ELECTION

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